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2001 July Council Proceedings Regular Session, July 2, 2001 219 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, July 2, 2001 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the Council. Invocation was given by Father Robert Vagi, Professor-Emeritus of Religious Studies, Loras College Proclamation: Apples for Students (July 2 - 29, 2001) received by Sr. Inez Turnmeyer. CONSENT ITEMS . Minutes Submitted: Electrical Code Board of May 21: Council Proceedings for 5/21, 6/4 and 6/18; Human Rights Commission of 5/14; Park and Recreation Commission of 5/8, presented and read, Buoi moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0, Proof of publication for Council Proceedings of 6/4/01, presented and read. Buol moved that the proof be received and filed, Seconded by Markham. Motion carried 7-0. Printed Council Proceedings for January and February, 2001, presented and read. Buol moved that the proceedings be approved as printed. Seconded by Markham. Motion carried 7-0, Notice of Claims/Suits: Midwest Cable Inc, in estimated amount of $2,304.85 for repair expense; Steve Althoff, et aI., Plaintiffs, v the City of Dubuque, et aI., Defendants, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Markham. Motion carried 7 -0. . Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Midwest Cable, Inc. for repair expense, presented and read. Buol moved that the communication be received and filed and concurred, Seconded by Markham. Motion carried 7-0, Corporation Counsel recommending denial of the claim of Sheila Wolbers for tire damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Markham. Motion carried 7-0, Diamond Jo Parking Lot Lighting: City Manager recommending approval of the issuance of a building permit within the Fourth Street Peninsula ROD Redevelopment Overlay District for the installation of three light poles in the Diamond Jo parking lot, presented and read, Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0, Dubuque County Historical Society Light Poles and Pedestals: City Manager recommending approval of the issuance of a building permit within the Fourth Street Peninsula ROD Redevelopment Overlay District for the installation of light poles and power sources in and around the parking lot of the Dubuque County Historical Society, presented and read. Buol moved that the communication be received and filed and approved recommendation, Seconded by Markham. Motion carried 7-0. Right-of-Way Acquisition: City Manager recommending establishing the fair market value for the acquisition of property necessary for the Manson Road Bridge Reconstruction project, presented and read, Nicholson moved that the communication be received and filed, Seconded by Buol. Motion carried 7-0. RESOLUTION NO, 284-01 ESTABLISHING THE FAIR MARKET VALUE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY JOHN M, AND VIOLA K, SUTTON IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque (City) intends to acquire certain real property owned by John M, and Viola K. Sutton (Owner), legally described as follows (the property): A part of Lot 1 of 1 of 4 of Mineral Lot 501 and a part of all that portion of Lot 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of Mineral Lot 499 lying south of the centerline of the public road contiguous to Lot 2 of 1 of 1 of 1 of 1 of 1 of 1 of Mineral Lot 499 as per Equity No. 82416, all in the City of Dubuque, DUbuque County, iowa, as shown on the attached Acquisition Plat and Exhibit for the purpose of constructing a bridge and associated roadway; 220 Regular Session, July 2, 2001 AND WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property or property Interest before proceeding with condemnation; AND WHEREAS, City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; AND WHEREAS, City has caused an appraisal of the Property to be made and the appraised vaiue of the Property is $4,232,00 (0,15 per square foot) for permanent easement on agricultural iand; AND WHEREAS, the City Council now desires to establish the fair market value of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The fair market value of the Property is hereby established to be $4,232,00 for permanent easement on agricultural land. Section 2, The City Manager and the Corporation Counsel are hereby authorized to commence negotiations with the Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this Resolution, Passed, approved and adopted this 2"d day of July, 2001, Terrance M, Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution, Seconded by Buol. Motion carried 7-0. Plats of Survey for Riverwalk 1" and 3'd Addition: City Manager recommending approval of the plats of survey for Riverwalk 1" and 3'd Addition, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO, 285-01 RESOLUTION APPROVING PLAT OF SURVEY OF LOT lOF 1 AND LOT 2 OF 1 OF RIVERWALK 1ST ADDITION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 19,2001 prepared by i1W Engineers and Surveyors describing Survey of Lot 1 of 1 and Lot 2 of 1 Riverwalk 1 st Addition; and Whereas, said plat conforms to the laws and statutes pertaining thereto, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated June 19, 2001 prepared by i1W Engineers and Surveyors, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said piat and on behalf of the City of Dubuque, Iowa, Section 2, That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque Countyd Iowa. Passed, approved and adopted this 2" day of July, 2001, Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution, Seconded by Markham. Motion carried 7-0, RESOLUTION NO, 286-01 RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1 AND LOT 2 OF RfVERWALK 3rd ADDITION Whereas, there has been presented to the City Council of the City of Dubuque, iowa, a plat dated June 19,2001 prepared by i1W Engineers and Surveyors, P.C. describing a Plat of Survey of Lot 1 and Lot 2 of Riverwalk 3rd Addition; and Whereas, said plat conforms to the laws and statutes pertaining thereto, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the plat dated June 19, 2001 prepared by IIW Engineers and Surveyors, P,C, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa, Section 2, That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 2"d day of July, 2001. Terrance M, Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham, Motion carried 7-0, Cedar Lake Plaza - Final Plat: City Manager recommending approval of the final plat of Cedar Lake Plaza in the City of Dubuque, Iowa, presented and read. Buol moved that the communication be received and fiied, Seconded by Markham. Motion carried 7-0. RESOLUTION NO, 287-01 RESOLUTION APPROVING THE FfNAL PLAT OF CEDAR LAKE PLAZA IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Cedar Lake Plaza in the City of Dubuque, iowa; and Whereas, upon said final plat appear streets to be known as Cedar Cross Road and Lake Ridge Regular Session, July 2, 2001 221 . Drive (Lot A) together with certain public utility and sewer easements which the ownerS by said flnai plat have dedicated to the pubiic forever; and Whereas, said plat provides 0 feet of frontage for Lot E, where 60 feet of frontage is required, and 1,050 square feet of iot area and 220 square feet of lot area respectively for Lot D and Lot F, where 6,000 square feet is required, by Section 42-19(b) of the Subdivision Regulations; and Whereas, the Conceptual Development Plan, which serves as the preliminary plat, has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had the City Planner's approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it confonms to the statutes and ordinances relating to it, except that no street or public utilities have yet been constructed or instalied. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the dedication of Cedar Cross Road and Lake Ridge Drive (Lot A), sanitary pump station (Lot D) and existing sanitary sewer together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 3 to have 0 feet of frontage, where 60 feet of frontage is required. due to a 20-foot ingress/egress easement for the benefit of Lot E, and 1,050 square feet of lot area and 220 square feet of lot area respectively for Lot D, location of sanitary pump station. and Lot F, roadway median, where 6,000 square feet is required. Section 3. That the plat of Cedar Lake Plaza is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Lake Ridge Drive (Lot A) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in confonmance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water . . mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting, sanitary pump station and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To construct a privately owned detention facility in a manner acceptable to the City Engineer in accordance with the improvement plans and City of Dubuque Standard Specifications approved by the City and inspected by the City Engineer. Operation and maintenance of the detention facility shall be the responsibility of the property owner. (d) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owner, or future owner; (e) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owner, Of future owner; And, further provided that Richard V. and Charlene L. Hansel, as owners of said property, shall secure the perfonmance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 4. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant buildable lots shall have sidewalks installed upon development of 80% of the lots approved by the piaL Section 5. That no access shall be permitted on Starlite Drive, except in cases of hardship conditions, as determined by the City Engineer. Section 6. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all publiC improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 7. That in the event Richard V. and Charlene L. Hansel fail to execute the acceptance and furnish the guarantees provided 222 Regular Session, July 2, 2001 in Section 5 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 2nd day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7 -0. Emerald Acres No.2 - Reaffirming Final Plat: City Manager recommending reaffirming the final plat of Emerald Acres No.2 in the City of Dubuque, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 288-01 A RESOLUTION RESCINDING RESOLUTION 425-99 AND REAFFIRMING THE FINAL PLAT OF EMERALD ACRES NO.2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Emerald Acres No.2 in the City of Dubuque, iowa; and Whereas, upon said final plat appears, streets to be known as Tanzanite Drive, Sapphire Circle and Millennium Drive (Lot A), together with certain public utiiity and sewer easements and storm water detention facility, which the owners by said final plat have dedicated to the public forever; and Whereas, the final piat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 beiow; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the stalules and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 425-99 is hereby rescinded. Section 2. That the dedication of Tanzanite Drive, Sapphire Circle (Lot A) and Millennium Drive together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 3. That the final plat of Emerald Acres NO.2 is hereby reaffirmed and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said properly herein named, execute their written acceptance hereto attached agreeing: a. To reduce Tanzanite Drive and Sapphire Circle and Miliennium Drive to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integrai curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptabie to the City Engineer, and in conformance with construction Improvement plans approved by the City Engineer, and inspected by the City Engineer. b. To install sanitary sewer mains, including interceptor lines and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all In a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. c.To construct a storm water detention facility in a manner acceptable to the City Engineer in accordance with the improvement plans and City of Dubuque Standard Specifications approved by the City and inspected by the City Engineer, and maintain said detention facility until 80 percent of the sum of the platted lots are fully developed and the remaining 20 percent of said lots have installed adequate erosion control measures as approved by the City Engineer. d. To provide easements for sanitary sewer lines, storm sewer lines, and detention area lying outside the boundaries of Emerald Acres No.2, but are essential to the development of said subdivision. 8. To construct said improvements prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owners. f. To maintain the public improvements for a period of two (2) years from the date of acceptance of those improvements by the City of Dubuque, iowa, at the sole expense of the owners or future owners. And further provided that said T-Corp., as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 4. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors. heirs and assignees. Sidewalk installation will not be required untii the Regular Session, July 2,2001 223 . deveiopment of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewaiks installed upon development of 80% of the lots approved by the plat. Section 5. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all pubiic improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 6. That maintenance expenses incurred by the City of Dubuque for the storm water detention facility shall be assessed against Lots 1 through 29 in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with an in the same manner as general property taxes In accordance with provisions of law. Section 7. That in the event T-Corp. shall fail . to execute the acceptance and furnish the guarantees provided in Section 2. hereof within 180 days alter the date of this Resoiution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 2nd day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buoi moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. . Iowa Department of Transportation: Communication from Mark F. Wandro. Director of the iowa Department of Transportation, regarding the four-lane improvement of the Julien Dubuque Bridge (U.S. 20). presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Business License Refunds: Refund of Class B Beer Permit License to Kids Worid Pizza Place and Fun Center, Inc., in the amount of $225.00 and Refund of Beer and Liquor Combination License to Carol's Place in the amount of $422.50, presented and read. Buol moved that the communication be received and filed and approved refunds. Seconded by Markham. Motion carried 7-0. . Business Licenses: RESOLUTION NO. 289-01 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. 14 Renewals Bunker Hill Golf Course City of Dubuque 2200 Bunker Hill Rd Clark Retaii Entp 700 Rhomberg Ave Nash Finch Com 3355 JFK Rd Richard Hirsch Iii 1121 University Ave Jymie Lyons 1700 Central Ave Rainbo Oii Co. 4039 Pennsylvania Ave Rainbo Oil Co 2320 Hwy 61 Rainbo Oil Co 2390 Central Ave Rainbo Oil Co 2255 Kerper Blvd Rainbo Oil Co 2297 University Ave Rainbo Oil Co 280 Locust St Rainbo Oil Co 1685 JFK Rd Rain bo Oil Co 1401 Central Av Craig Weiner 709 University Ave Passed, approved and adopted this 2nd day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Clark # 2354 Econo Foods # 471 Fat Tuesday's Jym's Bar Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Walnut Tap RESOLUTION NO. 290-01 Whereas. applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE. IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT 224 Regular Session, July 2, 2001 Iowa Oil Company lOCO Speede Shoppe # 2 (Sunday Sale) 2335 University Ave LB Metcalf, Inc Cedar Cross Amoco+ (Sunday Sale) 1200 Cedar Cross Passed, approved and adopted this 2nd day July, 2001 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resoiution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 291-01 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS"C" BEER/LIQUOR LICENSE Plastic Center, Inc Fischer Lanes+ (Sunday Sale) 880 Locust St Craig Weiner Walnut Tap+ (Sunday Sale) 709 University Ave Mad Hatters Inc Mad Hatters 1091 Main St Ethel Schwartz Airport Inn+ (Sunday Sale) 574 E 16th St Michael Kalmes Kalmes Breaktime Bar-(1 day Outdoor Sale) 1097 Jackson St Davey Robertson Public Bar The Busted Lift- (1 day Outdoor Sale) 180 Main St Passed, approved and adopted this 2nd day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. BOARDS/COMMISSIONS Appointments to the following Boards Commissions: Environmental Stewardship Advisory Commission (Youth representative term which will expire June 1, 2002 - Term of Brianna Tully): Applicant: Brianna Tully. Michalski moved that Brianna Tully be reappointed to a one year term which will expire 6/1/02. Seconded by Nicholson. Motion carried 7-0. Historic Preservation Commission (Two 3-Year Terms which will expire on July 1, 2004 - Terms of Bradford and Guinn): Applicants: Pamela Bradford (West 11th Street) and Suzanne M. Guinn (Jackson Park). Markham moved that Pamela Bradford and Suzanne M. Guinn be reappointed to three year terms which will expire 7/1/04. Seconded by Robbins. Motion carried 7-0. Investment Oversight Advisory Commission (Two 3-year terms which will expire on July 01, 2004 - Terms of Reisdorf and Ruden): Applicants: Stephen Reisdorf and Gary L. Ruden. Michalski moved that Stephen Reisdorf and Gary L. Ruden be reappointed to three year terms which will expire 7/1/04. Seconded by Nicholson. Motion carried 7-0. Library Board of Trustees (Five 4-year tenms which will expire on July 1, 2005 - Terms of Augspurger, Vandermillen, Strom, Felderman, Smith - Mayor Appointment). Applicants: J. L. Felderman, Lori Regan, Michael Shubatt, Kristen Smith, Mary l. Strom, Thomas A. Tully. Mayor Duggan reappointed J. l. Felderman, Kristen Smith and Mary l. Strom and appointed Michael Shubatt and Thomas Tully to four year terms which will expire 7/1/05. Michalski moved that the Mayor's ..appointments be approved. Seconded by Markham. Motion carried 7-0. Discussion ensued and a recommendation was made to work with the Library Board to stagger these five terms. Park and Recreation Commission (Three 3- year terms which will expire June 30, 2004 - Terms of Lyness, Sullivan, Hoffmann). Applicants: Danita L. Galdick, Gary L. Harjehausen, Paul E. Hoffmann, Karen C. Lyness, Vote on the appointments was as follows: Duggan voted for Harjehausen, Hoffmann and Lyness. Markham voted for Galdick, Hoffmann and Lyness. Michalski voted for Harjehausen, Hoffman and Lyness. Nicholson voted for Galdick, Hoffmann and Lyness. Robbins voted for Harjehausen, Hoffmann and Lyness. Buol voted for Galdick, Hoffmann and Lyness. Cline voted for Harjehausen, Hoffmann and Lyness. Therefore, Paul E. Hoffmann, and Karen C. Lyness were reappointed and Gary l. Harjehausen appointed to three year tenms which will expire 6/30/04. Zoning Advisory Commission (Two 3-year terms which will expire July 1, 2004 - Terms of Bird and Stiles). Applicants: Eugene Bird, Ben Roush, Jeff Stiles. Vote on the appointments was as follows: Duggan voted for Bird and Stiles. Markham voted for Bird and Stiles. Michalski voted for Bird and Stiles. Regular Session, July 2, 2001 225 . Nichoison voted for Bird and Stiles. Robbins voted for Bird and Stiles. Buol voted for Bird and Stiles. Cline voted for Bird and Stiles. Therefore, Eugene Bird and Jeff Stiles were reappointed to three year terms which will expire 7/1/04. PUBLIC HEARINGS Michalski moved to suspend the rules to aliow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carried 7-0. Allen & Urbain Architects/Hills & Dales Development Center - Rezoning Request (Tabied at meeting of June 19, 2001). Michalski moved to remove the following item from the table. Seconded by Nicholson. Motion carried 7-0. . Proof of publication on notice of hearing to consider rezoning property located at 1011 Davis Street from R-1 Single-Family Residential District to OR Office Residential District and City Manager submitting additional information on the rezoning request for the Hills and Dales Chiid Development Center, presented and read. Michalski moved that the proof and communication be received and filed. Seconded . by Nicholson. Motion carried 7-0. Jan Imhoff of Hills and Dales and Rick Dickinson as Board Member of Hills and Dales both spoke requesting favorable zoning for expansion of the facility. Joel Glennon, a neighbor of the facility, spoke requesting that the zoning be kept for the handicapped only and not be used for another business. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1011 Davis Street from R-1 Single-Family Residential District to OR Office High Density Multi-Family Residential District, presented and read. . OFFICIAL PUBLICATION ORDINANCE NO: 43-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIB. ED PROPERTY LOCATED AT 1011 DAVIS STREET FROM R-l SINGLE-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE HIGH DENSITY MULTI.FAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from R-1 Single-Family Residential District to OR Office High Density Residential District, with conditions, to wit: Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 3 and Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 3 St. Francis Subdivision, except for the W 40' of the N 1,320', and to the centeriine 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 2nd day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 17th day of August, 2001. Jeanne F. Schneider, City Clerk 11 8/17 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Voluntary Annexation - W.C. Stewart: Proof of publication on notice of hearing to consider the voluntary annexation request of W.C. Stewart for property located at 8000 Old Highway Road and City Manager recommending approval, presented and read. Michalski moved that the proof and communication be received and filed and rescheduled the Public Hearing for 7/16/01 at 6:30 p.m. in the Pubiic Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Vacating of Eighth Street: Proof of publication on notice of hearing to consider the vacating of Eighth Street between Central Avenue and Iowa Street at the request of Dubuque County for expansion of the Dubuque Law Enforcement Center and the City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 7-0. 226 Regular Session, July 2, 2001 An Ordinance Vacating Eighth Street between Central Avenue and Iowa Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO, 44-01 ORDINANCE VACATING 8'" STREET BETWEEN CENTRAL AVENUE AND IOWA STREET Whereas, the Dubuque County Board of Supervisors has requested the vacating of 8th Street between Central Avenue and Iowa Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of 8th Street between Central Avenue and Iowa Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 1 A Biock 1 Dubuque Downtown Plaza, in the City of Dubuque, Dubuque County. iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that 8'" Street between Central Avenue and Iowa Street is no longer required for public use, except for utility easements as noted, and vacating of said portions of 8'h Street between Central Avenue and Iowa Street known as Lot 1 A Block 1 Dubuque Downtown Plaza, in the City of Dubuque, Dubuque County. Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 1 A Block 1 Dubuque Downtown Plaza, in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone. t.v., cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the westerly 20 feet of Lot 1 A of Block 1 of Dubuque Downtown Plaza be reserved as a public access easement as shown on the plat thereof. Passed, approved and adopted this 2" day of July, 2001. Terrance M, Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Pubiished offiCially in the Telegraph Herald newspaper this 9'" day of July, 2001. Jeanne F. Schneider, City Clerk 1t 7/9 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. RESOLUTION NO. 292-01 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1A BLOCK 1 DUBUQUE DOWNTOWN PLAZA, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pubiished notice of time and place of hearing, pubiished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 22" day of June, 2001, the City Council of the City of Dubuque, Iowa met on the 2" day of July, 2001, at 6:30 p.m. in the Pubiic Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, iowa to consider the proposai for the sale of real estate described as: Lot 1A Block 1 Dubuque Downto.....n Plaza, in the City of Dubuque, Dubuque County, Iowa Whereas. the City Council of the City of Dubuque, Iowa overruled any and all objections. oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the sale of City of Dubuque reai property described as Lot 1 A Block 1 Dubuque Downtown Plaza, in the City of Dubuque, Iowa to the Dubuque County Board of Supervisors be and the same is hereby approved for the sum of $1.00 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating I and maintaining water, sewer, drainage, gas, telephone, t.v., cable, and electric iines as may be authorized by the City of Dubuque, Iowa. Section 3. That the westerly 20 feet of Lot 1A of Block 1 of Dubuque Downtown Plaza be reserved as a public access easement as shown on the plat thereof, Section 4. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Cierk be and is hereby authorized and directed to deliver said deed of conveyance to the Dubuque County Board of Supervisors upon receipt of the purchase price in full. Section 5. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resoiution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 2" day of July. 2001. Terrance M. Duggan, Mayor Regular Session, July 2, 2001 227 . Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Robbins moved to reinstate the rule limiting discussion to the Council. Seconded by Buol. Motion carried 7-0. ACTION ITEMS Professional Boxing Elimination Tournaments: Corporation Counsel submitting an ordinance repealing prohibition on Professional Boxing Elimination Tournaments; Communication from Eugene F. Schmidt regarding Toughman contests, presented and read. Nicholson moved that the communications be received and filed. Seconded by Michalski. Motion carried 7-0. An Ordinance Repealing Section 33-14 of the City of Dubuque Code of Ordinances prohibiting Professional Boxing Elimination Tournaments, presented and read. Nicholson moved that the Council not adopt the Ordinance. Seconded by Michalski. Motion carried 7-0. . Iowa Department of Transportation Preconstruction Agreement: City Manager transmitting a request from the Iowa Department of Transportation for approval of a preconstruction agreement for construction of the extension of the Northwest Arterial to US 52, presented and read. Nicholson moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. A Resolution (For Council Consideration) Approving Preconstruction Agreement Number 99-4-095A with the Iowa Department of Transportation relating to the construction of Iowa 32 from John F. Kennedy to US 52, presented and read. Cline moved that action on this Resolution be tabled until additional information is received regarding the project. Seconded by Nicholson. Motion carried 7-0. Cooper Wagon Works Building - Downtown Rehab Loan: City Manager recommending approval of a revised Letter of Commitment for the $300,000 Downtown Rehab Loan for the Cooper Wagon Works Building at 299 Main Street, presented and read. Nicholson moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. . RESOLUTION NO. 293-01 A RESOLUTION AUTHORIZING A REVISED LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN TO THE COOPER DEVELOPMENT COMPANY, LLC. Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan Program for the purpose of stimulating reinvestment in the Downtown Dubuque Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of this loan program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from The Cooper Development Company, LLC meets the requirements of this program; and Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of The Cooper Development Company, LLC's participation in the Downtown Rehabilitation Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of The Cooper Development Company, LLC for participation in the Downtown Rehabilitation Loan Program is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached revised "Commitment Letter and to forward said letter to The Cooper Development Company, LLC for review and approval. Section 3. That the City Manager be and he is hereby directed to prepare, upon execution and receipt of the attached Commitment Letter by the applicant, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. Section 4. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan Program, In accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 2nd day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. COUNCIL MEMBER REPORTS Nicholson stated he Is applying for the Board of Directors for the Iowa League of Cities. Markham shared that the search for Airport Manager will be started in trade magazines and applications are due by mid-September. ITEMS TO BE SET FOR PUBLIC HEARING 228 Regular Session, July 2, 2001 Wartburg Place Reconstruction Project - Initiate: City Manager recommending initiation of the bidding process for the Wartburg Place Reconstruction Project and setting a public hearing for August 6, 2001, presented and read. Nicholson moved that the communication be received and filed, Seconded by Michalski. Motion carried 7-0. RESOLUTION NO, 294-01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Wartburg Place Reconstruction Project, in the estimated amount of $705,667.60, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 2"' day of July, 2001, Terrance M, Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Nicholson moved adoption of the Resolution, Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 295-01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Wartburg Place Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6'" day of August, 2001, a public hearing will be held at 6:30 p,m, in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 2"' day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO, 296-01 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Councii, for the Wartburg Place Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on fiie with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk, That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred, The portion of the cost which shall be borne by the City will be paid from the Sales Tax Fund, Sanitary Sewer Construction Fund, Water Depreciation Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor, The above resolution was introduced, approved and ordered placed on file with the City Clerk this 2"' day of July, 2001. Approved and placed on file for final action. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution, Seconded by Michalski. Motion carried 7-0. RESOLUTION NO, 297-01 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Wartburg Place Reconstruction Project, and, Regular Session, July 2, 2001 229 . Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6'h day of August, 2001, a public hearing will be held at 6:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Cierk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be pubiished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto, Passed, adopted and approved this 2" day of July, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resoiution. Seconded by Michaiski. Motion carried 7-0. . RESOLUTION NO. 298-01 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheet, 1 to 1 inclusive, are hereby determined to be the schedule of proposed assessments for the Wartburg Place Reconstruction Project and the valuations set out herein are hereby approved. Passed, approved and adopted the 2"' day of July, 2001. Terrance M, Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. . RESOLUTION NO. 299-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Wartburg Place Reconstruction Project is hereby ordered to be advertised for bids for construction, BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Cierk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 9th day of August, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 20th day of August, 2001. Passed, approved and adopted this 2"' day of July, 2001. Terrance M, Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Telecorp Realty, 'lLC - Lease of Space: City Manager recommending that a public hearing be set for July 16, 2001 to consider the ieasing of space at Louis Murphy Park to Teiecorp Reaity, LLC, for the installation of a monopole tower and wireless telecommunication antenna facility, presented and read. Nicholson moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO, 300-01 A RESOLUTtON OF THE CITY'S INTENT TO DISPOSE OF INTEREST IN PROPERTY DESCRIBED IN A LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND TELECORP REALTY, LLC FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATION FACILITY Whereas, the City Council of the City of Dubuque, Iowa encourages the expansion of wireless telecommunications services to its citizens, businesses, and institutions, while at the same time minimizing safety and aesthetic concerns posed by the construction of new towers and monopoles in residential areas; and Whereas, Teiecorp Realty, LLC is the holder of a current Federal Communications Commission license to provide certain wireless telecommunication services for sale in and around the City of Dubuque; and Whereas, Telecorp Realty, LLC desires to expand its signal coverage area and enhance the quality and capacity of its technical infrastructure by installing and operating a 230 Regular Session, July 2,2001 wireless telecommunication antennae facility on and near a water tower owned by the City of Dubuque, identified as site L-B, and located within Louis Murphy Park at 1700 South Grandview Avenue in Dubuque; and Whereas, The City of Dubuque desires to lease to Telecorp Realty, LLC certain space at site L-B within Louis Murphy Park for the purpose of installation and operation of a wireless telecommunication antenna facility which includes a monopole tower, conditioned upon the terms of a lease agreement, a copy of which is atlached hereto, and which the City Council finds beneficial to the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of an interest in the property described in the proposed lease agreement with Teiecorp Realty, LLC, under the conditions stipulated in the lease agreement; and Section 2. That the City Clerk is hereby authorized and directed to cause a notice to be published of the proposed lease agreement in the manner prescribed by law. Passed, approved and adopted this 2nd day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution and set this for Public Hearing on 7/16/01 at 6:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice In the manner prescribed by law. Seconded by Markham. Motion carried 7-0. Alta Vista Street - Request to Vacate: Communication from David l. Clemens, representing Rick Dickinson, requesting that the City vacate the alley north of Kirkwood Street and east of Alta Vista in Union Avenue Subdivision, and City Manager recommending that a public hearing be set for July 16, 2001 to consider disposing of property located north of Kirkwood Street and east of Alta Vista Street in Union Avenue Subdivision at the request of Rick Dickinson, presented and read. Nicholson moved that the communications be received and filed. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Markham, Michalski, Nicholson, Robbins. Nays-None. Abstain-Duggan. RESOLUTION NO. 301-01 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY NORTH OF KIRKWOOD STREET AND EAST OF ALTA VISTA IN UNION AVENUE SUBDIVISION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 21, 2001, prepared by Buesing & Associates, describing the proposed vacated portion of the alley north of Kirkwood Street and east of Aita Vista in Union Avenue Subdivision' and ' Whereas, said plat confomns to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated June 21, 2001, prepared by Buesing & Associates relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to fiie said piat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 200 day of July, 2001. Joseph T. Robbins, Mayor Pro-Tem Atlest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0 with Duggan abstaining. An Ordinance Vacating the alley north of Kirkwood Street and east of Alta Vista in Union Avenue Subdivision, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 45-01 ORDINANCE VACATING THE ALLEY NORTH OF KIRKWOOD STREET AND EAST OF ALTA VISTA IN UNION AVENUE SUBDIVISION Whereas, Rick Dickinson has requested the vacating of the alley north of Kirkwood Street and east of Alta Vista in Union Avenue Subdivision; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of the alley north of Kirkwood Street and east of Alta Vista in Union Avenue Subdivision and assigned lot numbers thereto, which hereinafter shall be known and described as Lots A, B, C, and D of Union Avenue Subdivision, in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that the alley north of Kirkwood Street and east of Aita Vista in Union Avenue Subdivision is no longer required for public use, and vacating of said portions of the alley north of Kirkwood Street and east of Alta Vista in Union Avenue Subdivision known as Lots A, B, C, and D of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved. Regular Session, July 2, 2001 231 . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the reai estate described as Lots A, B, C. and D of Union Avenue Subdivision in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 2" day of July, 2001. OJoseph T. Robbins, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 9'h day of July, 2001. Jeanne F. Schneider, City Clerk Nicholson 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 6-0 with Duggan abstaining. . RESOLUTION NO. 302-01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOTS A, B, C, AND D OF . UNION AVENUE SUBDIVISION, DUBUQUE, IOWA Whereas, Rick Dickinson has requested the vacating of the alley north of Kirkwood Street and east of Alta Vista in Union Avenue Subdivision. Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of the alley north of Kirkwood Street and east of Alta Vista in Union Avenue Subdivision and assigned lot numbers thereto, which hereinafter shall be known and described as Lots A, B, C and D of Union Avenue Subdivision in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this alley north of Kirkwood Street and east of Alta Vista in Union Avenue Subdivision is no longer required for public use, and vacating and sale of said portions of alleys known as Lots A, B, C and D of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lots A, B, C, and D of Union Avenue Subdivision in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot A of Union Avenue Subdivision in the City of Dubuque, Iowa to John Brian Priest and Dana Priest be contingent upon the payment of $112.00, plus platting, publication and filing fees. . Section 3. That the conveyance.of Lot B of Union Avenue Subdivision in the City of Dubuque, Iowa to Richard E. Dickinson and Rae Ann Dickinson be contingent upon the payment of $331.00, plus platting, publication and filing fees. Section 4. That the conveyance of Lot C of Union Avenue Subdivision in the City of Dubuque, Iowa to John Hickey and Pamela Hickey be contingent upon the payment of $166.00, plus platting, publication and filing fees. Section 5. That the conveyance of Lot D of Union Avenue Subdivision in the City of Dubuque, Iowa to Loras College be contingent upon the payment of $112.00, plus platting, publication and filing fees. Section 6. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 2'. day of July, 2001. Joseph T. Robbins, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution and set this for Public Hearing on 7/16/01 at 6:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 6-0 with Duggan abstaining. At 7:36 P.M. Buol moved to go into Closed Session re: Property Acquisition and Pending Litigation (Iowa Code Chapter 21-.5(1)Q)(c). Seconded by Nicholson. Motion carried 7-0. At 7:52 P.M. Council reconvened Regular Session with statement that staff had been given proper direction. Communication of Corporation Counsel requesting direction on the purchase of the Brewery property, presented and read. Markham moved that the communication be received and filed and accepted the value of the property as set forth by the Compensation Commission and directed the City Manager to issue a check to the Dubuque County Sheriff. Seconded by Michalski. Motion carried 7-0. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 7:53 P.M. Isl Jeanne F. Schneider City Clerk 1t 7111 232 Regular Session, July 2, 2001 / 2001 2001 . Council Members Attest: .' ______ /) ~4A//r--;;r/~~/ifl ity Clerk Special Session, July 10, 2001 233 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, July 10, 2001 Council met in Special Session at 5:00 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Ciine, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent: Council Member Markham. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of acting upon the Vision Iowa Grant Award Agreement and 28E Agreement with the Dubuque County Historical Society. After discussion, Nicholson moved to receive and file the materials and approve the contract for the Vision Iowa Agreement and the 28E Agreement with the Dubuque County Historical Society. Seconded by Michalski. Motion carried 6-0e . There being no further business, Nicholson moved to adjourne Seconded by Michalski. Motion carried 6-0. The meeting adjourned at 5:28 P.M. Isl Jeanne Fe Schneider City Clerk 11 7118 . / 2001 2001 Attest. ;/"~ j) ity Clerk 234 Special Session, July 16, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, July 16, 2001 Council met for Dinner in the Library Rotunda at 5:00 P.M. Council met in Special Session at 5:35 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. 2001 Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing a request for assistance from Harvest Development Group. Communication of the City Manager concerning the Harvest Development Group's request for financial assistance to facilitate development of the proposed residential subdivision on the 70 acres on Asbury Road purchased from the Hilby family, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0 ? . tI Council Members ::r--~ ~7 //)) Laura Carstens, Planning Services Director, gave a verbal staff report. Discussion ensued with input from Public Works Director Mike Koch and Assistant City Engineer Gus Psihoyos. Various aspects of the proposed project were considered, especially sewer, inspection fees, and financial assistance. Michalski moved to go with the City Manager's recommendation to assist 'in the area of sanitary sewer work and the possible development of a small park. Seconded by Cline. Motion carried 7-0. Direction was given to Staff to look at inspection fees. There being no further business, Michalski moved to adjoum. Seconded by Robbins. Motion carried 7-0. The meeting adjourned at 6:31 P.M. Isl Jeanne F. Schneider City Clerk Regular Session, July 16, 2001 235 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Reguiar Session, July 16, 2001 Council met in Reguiar Session at 6:31 P.M. In the Library Auditorium Present: Mayor Duggan, Council Members Buoi, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Mllligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regular session of the City Councii called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Wayne Holt, Bishop of The Church of Jesus Christ of Latter Day Saints. PROCLAMATIONS: Dubuque County Fair Week (July 24 - 29, 2001) received by departing Fair Manager Paula Jo Wolfe who introduced the new Fair Manager Shannon Lundgren and , the Fair 4-H King and Queen: Brett Farnum and Molly Decker. . CONSENT ITEMS Minutes Submitted: Airport Commission of 6118 and 6129: City Councii Proceedings of 712 and 7110: Civil Service Commission of 611; Electrical Code Board of 6120: Enterprise Zone Commission of 6114: Human Rights Commission of 6111; Library Board of Trustees of 5124: Zoning Advisory Commission of 816 and 715, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0. Printed Council Proceedings for March, 2001: presented and read. Buol moved that the proceedings be approved as printed. Seconded by Markham. Motion carried 7-0. Proof of pubiication for Councii Proceedings of 6113 and 6128: List of claims and summary of revenues for the month ending May 31, 2001, presented and read. Buoi moved that the proofs be received and filed. Seconded by Markham. Motion carried 7-0. . Notice of ClaimslSuits: 0 & A Cabie, Inc. in estimated amount of $544.02 for vehicle damage: Kimberly Kohl In undetermined amount for personal injuries to Nelson Kohl: Joseph J. Lange in undetermined amount for personal injury: Ralph Lemmer in estimated amount of $20.77 for vehicie darnage; Bruce Scheffert in undetermined amount for personal injury: John J. Woerdehoff in estimated amount of $236.50 for property damage, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Markham. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: 0 & A Cabie, Inc. for vehicle damage: Joseph J. Lange for personal injury; and Bruce Scheffert for personal Injury, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Corporation Co'unsel recommending settlement of the claims of Ralph Lemmer in the amount of $20.77 for vehicle damage and Delmer Scales in the amount of $283.36 for property damage, and Finance Director to issue payment, presented and read. Buol moved that the communications be received and filed and concurred with recommendation and Finance Director to issue payment. Seconded by Markham. Motion carried 7-0. Civil Service Commission: July 2, 2001 Honorable Mayor and Members of the City Council: In accordance with Chapter 400 of the 2001 Code of Iowa, an examination for the position of Assistant Fire Chief was conducted on June 15, 2001. We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list and that this list Is good for two (2) years from above date. ASSISTANT FIRE CHIEF James J. Imhof Mark Ludescher Christopher J. Miller Respectfully submitted, Isl Loras Kluesner, Chairperson Isl Merle Duehr Isl Richard Wertzberger Civil Service Commission Buol moved that the Civil Service certification be made a matter of record. Seconded by Markham. Motion carried 7-0. July 2, 2001 Honorable Mayor and Members of the City Council; In accordance with Chapter 400 of the 2001 Code of Iowa, an examination for the position of Fire Captain was conducted on June 11, 2001. We hereby certify that the following individual 236 Regular Session, July 16, 2001 has passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. FIRE CAPTAIN Mark Ludescher Respectfully submitted, Isl Loras Kluesner, Chairperson Isl Merle Duehr Isl Richard Wertzberger Civil Service Commission Buol moved that the Civil Service certification be made a matter of record. Seconded by Markham. Motion carried 7-0. July 2, 2001 Honorable Mayor and Members of the City Council: In accordance with Chapter 400 of the 2001 Code of Iowa, an examination for the position of Fire Lieutenant was conducted on June 15, 2001. We hereby certify that the following individuals have passed this written examination and the vacancy for this pcsition should be made from this list and that this list is good for two (2) years from above date. FIRE LIEUTENANT Wayne Dow Robert Fitzpatrick Michael Burds Thomas J. Ludescher Terryl E. Stewart Lawrence Ewert John K. Fitzgerald Dave McQuiggin Respectfully submitted, Isl Loras Kluesner, Chairperson Isl Merle Duehr Isl Richard Wertzberger Civil Service Commission Buol moved that the Civil Service certification be made a matter of record. Seconded by Markham. Motion carried 7-0. July 2, 2001 Honorable Mayor and Members of the City Council: In accordance with Chapter 400 of the 2001 Code of Iowa, an examination for the position of Fire Equipment Operator was conducted on June 11, 2001. We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. FIRE EQUIPMENT OPERATOR Michael Burds Lawrence Ewert Dennis R. Bradley Steve W. Berkley Jerrod Atkinson Brian K. Klinkner Darrell F. Weiland David Beaves Ted J. George Respectfully submitted, /sl Loras Kluesner, Chairperson Isl Merle Duehr Isl Richard Wertzberger Civil Service Commission Buol moved that the Civil Service certification be made a matter of record. Seconded by Markham. Motion carried 7-0. Juiy 2, 2001 Honorable Mayor and Members of the City Council: In accordance with Chapter 400 of the 2001 Code of Iowa, an examination for the pOSition of Equipment Operator I was conducted on April 24, 2001. We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list and that this list Is good for two (2) years from above date. EQUIPMENT OPERATOR I Paul A. Herman Garry F. Clauer Patrick R. DeHeck Frederick A. Brimeyer Raymond J. Behnke Jeff Steuer James R. Powers Randall P. Ludowitz Randall J. Koster Dennis F. Rath William J. Kelly Respectfully submitted, Is! Loras Kluesner, Chairperson Isl Merle Duehr Isl Richard Wertzberger Civil Service Commission Buol moved that the Civil Service certification be made a matter of record. Seconded by Markham. Motion carried 7-0. July 2, 2001 Honorable Mayor and Members of the City Council: In accordance with Chapter 400 of the 2001 Code of Iowa, an examination for the pOSition of Equipment Operator II was conducted on June 12, 2001. We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. EQUIPMENT OPERATOR II Robert Barry Garry F. Clauer Paul A. Herman John J. Huekels James R. Powers Randall P. Ludowitz William J. Kelly Respectfully submitted, Isl Loras Kluesner, Chairperson Isl Merle Duehr Isl Richard Wertzberger Civil Service Commission Buol moved that the Civil Service certification be made a matter of record. Seconded by Markham. Motion carried 7-0. City Representative for FEMA Assistance: City Manager recommending that he be designated as the City's representative for obtaining federal/state finance assistance under the Disaster Relief Act, presented and read. Buol Regular Session, July 16, 2001 237 . moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. . RESOLUTION NO. 303-01 RESOLUTION DESIGNATING THE CITY MANAGER AS THE CITY OF DUBUQUE'S AUTHORIZED REPRESENTATIVE FOR SIGNING AND FILING DOCUMENTS TO OBTAIN FEDERAUSTATE FINANCE ASSISTANCE UNDER THE DISASTER RELIEF ACT Whereas, the City of Dubuque received a Presidential Declaration as a disaster area as the result of the Mississippi River flooding in the Spring of 2001 :and, Whereas, the State of Iowa requires the City of Dubuque to designate a representative for the purpose of obtaining Federal/State finance assistance under the Disaster Relief Act (PL 93- 288, as amended) or otherwise available from the President's Disaster Relief Fund and the Code of Iowa, Chapter 29C. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is hereby designated to be the City of Dubuque's Authorized Representative for the purpose of obtaining Federal/State finance assistance under the Disaster Relief Act or otherwise available from the President's Disaster Relief Fund and Iowa Code Chapter 29C. The Finance Director is authorized and directed to provide information in these matters. Passed, approved and adopted this 16th day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Architectural/Historical Survey/Evaluation - Phase III - CLG Grant: City Manager recommending approval of an application to the State Historic Preservation Office for a Certified Local Government grant to conduct Phase III of an architectural/historical survey/evaluation in the community, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. . RESOLUTION NO. 304-01 RESOLUTION APPROVING THE SUB- MISSION OF AN APPLICATION FOR CERTIFIED LOCAL GOVERNMENT GRANT TO CONDUCT AN ARCHITECTURAL I HISTORIC SURVEY /EVALUATION - PHASE III Whereas. the State Historical Society of Iowa has Certified Local Government (CLG) grants available for historic preservation projects; and Whereas, the sUlVey and evaluation of historic properties is an eligible activity for the CLG grant program; and Whereas, the State Historical Society of Iowa has advised the City of Dubuque that an architectural/historic survey/evaluation is necessary for the renewal of a Memorandum of Agreement between the State and the City for the purpose of conducting Section 106 reviews locally: and Whereas, the City of Dubuque Historic PreselVation Commission has reviewed and endorsed the Phase III architectural/historic survey/evaluation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application for CLG funds to conduct an architectural/historic survey/evaluation is hereby approved. Section 2. That the Planning Services Manager is hereby authorized to sign the contract with and submit requests for reimbursements to the State Historical Society of Iowa for CLG funds to conduct Phase III of an architectural/historic survey/evaluation. Section 3. That the Pianning Services Manager is hereby authorized to utilize budgeted Community Development Block Grant funds to provide the required local match should the CLG application be approved by the State. Section 4. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed project. Passed, approved and adopted this 16th day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Fischer Companies - Request for Demolition Permit: Historic Preservation Commission recommending the approval of a demolition permit for a structure located at 115 West 12th Street, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. West 32" Street - Acceptance of Warranty Deeds: City Manager recommending acceptance of warranty deeds for right-of-way purchases on West 32nd Street for the reconstruction project scheduled for 2001-2002, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. 238 Regular Session, July 16, 2001 RESOLUTION NO. 305-01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (PART OF LOT 3 of 2 of HELEN E. AND MARY H. STEWART SUBDIVISION AND PART OF LOT 5 OF 2 OF 6 DF THE NE Y. OF SECTION 16, T89N, R2E, 5TH P.M.) OF BRUECK SUBDIVISION) FROM FRANK HARDIE ADVERTISING, INC. ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the lOOT entered into an agreement with Frank Hardie Advertising, Inc., pursuant to Frank Hardie Advertising, Inc. agreed to grant a Part of Lot 3 of 2 of Helen E. and Mary H. Stewart Subdivision and Part of Lot 5 of 2 of 6 of the NE Yo of Section 16, T89N, R2E, 5~ P.M., in the City of Dubuque, iowa, as shown on the Acquisition Plat thereof; and Whereas, Frank Hardie Advertising, Inc. has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Frank Hardie Advertising, Inc., copies of which are attached hereto, as required by iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16~ day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 306-01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (A PART OF LOT 10 OF BRUECK SUBDIVISION) EDWIN W. & LINDA K. FAUST ON WEST 32"0 STREET TO THE CITY OF DUBUQUE Whereas, the IDOT entered into an agreement with Edwin W. and Linda K. Faust, pursuant to Edwin W. and Linda K. Faust agreed to a part of Lot 10 of Brueck Subdivision in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Edwin W. and Linda K. Faust have executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Edwin W. and Linda K. Faust, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16~ day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 307-01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (PART OF LOT 9 OF BRUECK SUBDIVISION) FROM SEAN A. AND CHRISTINE RUPP ON WEST 32"0 STREET TO THE CITY OF DUBUQUE Whereas, the IDOT entered into an agreement with Sean A. and Christine Rupp, pursuant to Sean A. and Christine Rupp agreed to grant a part of Lot 9 of Brueck Subdivision in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Sean A. and Christine Rupp have executed a conveyance of said property. NOW, THEREFORE, BE Fr RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Sean A. and Christine Rupp, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16'h day of July, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 308-01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (A PART OF LOT 2 OF 1 OF 7 OF THE NE Y. OF SECTION 16, T89N, R2E, 5TH P.M.) FROM EARLYN J. AND JUDITH L, LOEFFELHOLZ ON WEST 32"0 STREET TO THE CITY OF DUBUQUE Whereas, the lOOT entered into an agreement with Earlyn J. and Judith L. Loeffelholz, pursuant to Earlyn J. and Judith L. Loeffelhoiz agreed to grant a Part of Lot 3 of 2 of Helen E. and Mary H. Stewart Subdivision and a part of Lot 2 of 1 of 7 of the NE Yo of Section 16, T89N, R2E, 5'h P.M., in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Regular Session. July 16, 2001 239 . Whereas, Earlyn J. and Judith L. Loeffelholz have executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Earlyn J. and Judith L. Loeffelholz, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16'h day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7.0. . RESOLUTION NO. 309.01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (PARTS OF LOTS 3 AND 1 OF LOT 1 OF 4 IN THE NE Y. NE Y., LOT 1 OF 1 OF 7 IN THE SE Y. NE Y. AND LOT 1-1-1-1-1- 1-1-1-1.1-3 OF HELEN E. AND MARY H. STEWART SUBDIVISION IN THE NW Y. NE Y. ALL IN SECTION 16, T89N. R2E, 5TH P.M., DUBUQUE COUNTY. IOWA) FROM KIVLAHAN FARMS. L.C. ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the lOOT entered into an agreement with Kivlahan Farms, L.C., pursuant to Kivlahan Farms, L.C. agreed to parts of Lots 3 and 1 of Lot 1 of 4 in the NE Yo NE Yo, Lot 1 of 1 of 7 in the SE Yo NE Yo and Lot 1.1.1.1-1-1-1.1.1.1.3 of Helen E. and Mary H. Stewart Subdivision in the NW Yo NE Yo all in Section 16, T89N, R2E, S'h P.M., Dubuque County, Iowa, in the City oi Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas. Kivlahan Farms, L.C. has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Kiviahan Farms, L.C., copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16th day of July, 2001. . Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 310-01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (PART OF LOT 1 OF 1 OF 41N THE NE Y. NE Y. SECTION 16. T89N. R2E. 5TH P.M.) FROM KIVLAHAN FARMS. L.C. ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the lOOT entered into an agreement with Kivlahan Farms, L.C., pursuant to Kivlahan Farms, L.C. agreed to a part of Lot 1 of 1 of 4 in the NE Y. NE Yo Section 16, T89N, R2E, 5'h P.M. in the City of Dubuque, Iowa, as shown on the Acquisition Piat thereof; and Whereas, Kivlahan Farms, L.C. has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, iowa, hereby approves of, accepts and consents to the Easement from Kivlahan Farms, L.C., copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16th day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7.0. RESOLUTION NO. 311.01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (PART OF LOT 8 OF BRUECK SUBDIVISION) FROM CARL W. & DEBRA L. THUMSER ON WEST 32"0 STREET TO THE CITY OF DUBUQUE Whereas, the lOOT entered into an agreement with Carl W. and Debra L. Thumser. pursuant to Carl W. and Debra L. Thumser agreed to grant a Part of Lot 8 of Brueck Subdivision in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Carl W. and Debra L. Thumser have executed a conveyance of said property. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Carl W. and Debra L. Thumser, copies of which are attached hereto, as required by Iowa Code Section 569.7. 240 Regular Session, July 16, 2001 Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16'h day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 312-01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (PART OF LOT 1 of 1 of 11 OF BRUECK SUBDIVISION) FROM MARJORIE H. SWEENEY ON WEST 32NO STREET TO THE CITY OF DUBUQUE Whereas, the IDOT entered into an agreement with Marjorie H. Sw~eney, pursuant to Marjorie H. Sweeney agreed to grant a Part of Lot 1 of 1 of 11 of Brueck Subdivision in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Marjorie H. Sweeney has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Marjorie H. Sweeney, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16'h day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Grant of Easement - John F. Kennedy Road: City Manager recommending the reaffirmation of the acceptance of a Grant of Easement for Lateral Support on John F. Kennedy Road from Richard J. and Marie V. Benson, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 313-01 A RESOLUTION RESCINDING RESOLUTION 261-01 AND REAFFIRMING THE ACCEPT. ANCE OF A GRANT OF EASEMENT FOR LATERAL SUPPORT FROM RICHARD J. AND MARIE V. BENSON Whereas, the City of Dubuque entered into an agreement with Richard J. and Marie V. Benson, pursuant to which Richard J. and Marie V. Benson agreed to grant an easement over a part of Lot 2-1-1-1-3 and Lot 2-2.1-3 in Helen E. and Mary H. Stewart Subdivision, in the City of Dubuque, iowa, as shown on the Grant of Easement for Laterai Support thereof; and Whereas, Richard J. and Marie V. Benson have executed an easement over said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 261-01 is hereby rescinded. Section 2. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Lateral Support from Richard J. and Marie V. Benson, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 3. The Mayor is hereby authorized and directed to execute and acknOWledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 16'h day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption 01 the Resolution. Seconded by Markham. Motion carried 7-0. Peavey Company - Lease Extension: City Manager recommending approval of a lease extension with Peavey Company through November 30, 2021, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Hillcrest Family Services - Festival of Lights: City Manager recommending approval of an agreement with Hillcrest Family Services for the use of Murphy Park for the Festival of Lights from November 1" through January 12'h, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Regional Transit Authority: City Manager recommending approval of a Job Access Contract with the Regional Transit Authority (RTA) for Fiscal Years 2001 and 2002, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Consolidated Annual Action Plan - Fiscal Year 2001: City Manager recommending approval of a Grant Agreement with the U.S. Department of Housing and Urban Development for the Fiscal Year 2001 (July 1, 2001 - June 30, 2002) Regular Session, July 16, 2001 241 . Consolidated Annual Action Plan in the amount of $1,489,000, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. . RESOLUTION NO, 314-01 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Whereas, under provisions of Title I of Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and submilled an Annual Action Plan for a Community Development Block Grant; and Whereas, the submission has been approved by the U.S. Department of Housing and Urban Development in the amount of $1,489,000 for a twelve month program year commencing July 1, 2001 and ending June 30, 2002; and Whereas, a grant agreement covering the activities proposed to be carried out with the Community Development Block Grant funds has been transmilled to the City of Dubuque by the U. S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval I Agreement, authorized by the U.S. Department of Housing and Urban Development on July 1, 2001 for a Community Development Block Grant to the City of Dubuque in the amount of $1,489,000 and identified as Grant, Number B- 01-MC-19-0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of July, 2001. Terrance M. Duggan, Mayor Allest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Dubuque County Board of Supervisors: Communication from the Dubuque County Board of Supervisors thanking the City Council for their cooperation and assistance for the Law Enforcement Center Addition Project, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. . Dubuque Museum of Art: City Manager advising that he plans to approve meter changes as requested by the Dubuque Museum of Art for meters along Seventh Street between Locust and Bluff Streets, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. City of Asbury - Voluntary Annexation: Communication from City of Asbury notifying the City of the voluntary annexation of property known as Lot 2 Juran Place of the SE Yo of the NE Yo of Section 18, T89N, R2D, 5th P.M., Dubuque County, Iowa and that a pubic hearing has been scheduled for July 24' 2001 at 7:00 P.M., presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Dubuque County Historical Society: Request of the Dubuque County Historical Society to transfer their Ii~uor license from the Ryan House to 350 East 3' Street (Museum parking lot) for the Taste of Dubuque on August 1, 2001, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Business Licenses: RESOLUTION NO. 315-01 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 Cigarelles within the City of Dubuque, Iowa, be granted a permit to sell Cigarelles and Cigarelle Papers within said City. 3 RENEWALS Centrai Tap Myra Woodman 1046 Central Ave Aragon Tap Myra Woodman 1103 Iowa St Shannon's Bar & Grill Shannon's Bar/Grill Inc. 521 E. 22nd St Passed, approved and adopted this 16th day of July, 2001. Terrance M. Duggan, Mayor Allest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 316-01 Whereas, applications for Beer Permits have been submilled 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: Regular Session, July 16, 2001 243 . installation and operation of a wireless telecommunication antennae facility, conditioned upon the terms of a lease agreement, a copy of which is attached hereto, and which the City Council finds beneficial to the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached iease is hereby approved and the City Manager is authorized to negotiate non-material revisions to said lease and to sign and administer the lease on behalf of the City of Dubuque. Passed, approved and adopted this 16th day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. . Mayor Duggan turned control of the meeting to Mayor Pro- T em Robbins due to potential conflict of interest. Alta Vista Street - Request to Vacate: Proof of publication on notice to hearing to consider a request that the City vacate the alley north of . Kirkwood Street and east of Alta Vista in Union Avenue Subdivision and the City Manager recommending disposal of the property to Rick Dickinson, presented and read. Nichoison moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 6-0. . RESOLUTION NO. 319-01 RESOLUTION DISPOSING OF CITY INTEREST IN LOTS A, B, C, AND D OF UNION AVENUE SUBDIVISION, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, publiShed in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 6'h day of July, 2001, the City Council of the City of Dubuque, Iowa met on the 16'h day of July, 2001, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lots A, B, C, and D of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot A of Union Avenue Subdivision in the City of Dubuque, Iowa to John Brian Priest and Dana Priest be and the same is hereby approved for the sum of $112.00 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot B of Union Avenue Subdivision in the City of Dubuque, Iowa to Richard E. Dickinson and Rae Ann Dickinson be and the same is hereby approved for the sum of $331.00 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 3. That the sale of City of Dubuque real property described as Lot C of Union Avenue Subdivision in the City of Dubuque, Iowa to John Hickey and Pamela Hickey be and the same is hereby approved for the sum of $166.00 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 4. That the sale of City of Dubuque real property described as Lot D of Union Avenue Subdivision in the City of Dubuque, Iowa to Loras College be and the same is hereby approved for the sum of $112.00 plus cost of pubiication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 5. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Priest, Dickinson, Hickey, and Loras College upon receipt of the purchase price in full. Section 6. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, DUbuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 16'h day of July, 2001. Joseph T. Robbins, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. Mayor Duggan returned and took control of the meeting. Voluntary Annexation - W.C. Stewart: Proof of publication on notice of hearing to consider the voluntary annexation request of W.C. Stewart for property located at 8000 Old Highway Road and City Manager recommending approval, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 320-01 RESOLUTION ANNEXING CERTAIN PROPERTY TO THE CITY OF DUBUQUE, IOWA, CONCURRENT WITH REZONING 244 Regular Session, July 16, 2001 FROM COUNTY R-1 RURAL RESIDENTIAL TO CITY R-l SINGLE-FAMILY RESIDENTIAL DISTRICT ZONING DISTRICT, Whereas Wayne Stewart, property owner, has voluntarily petitioned for annexation of approximately 25 acres of property lying outside of the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits in situations of this character by adoption of a resolution after notification as required by State regulations; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan; and Whereas, the future grow1h and development of the City of Dubuque, Iowa, make it desirable that said property be made part of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of Dubuque, Iowa, be, and they hereby are extended' to include the property legally described as Lot 2, except the west 20 acres thereof, of Mason Cate Estates Section 36, T89N, R2E of the 5'h P.M. in Dubuque County. Section 2. The territory hereby annexed shall become a part of the 7th Precinct of the 2nd Ward of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all exhibits and the petition for voluntary annexation with the State of iowa in accordance with State regulations. Passed, approved and adopted this 16th day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Markham moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. 2001 Curb Ramp Installation - CDBG Project #2: Proofs of publication on notice of hearing on plans and specifications, and notice to bidders on the receipt of bids for the 2001 Curb Ramp Installation - CDBG Project #2, and City Manager recommending award of the contract to Superior Concrete in the amount of $20,744.75, presented and read. Robbins moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 321-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 13'h day of June, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 2001 Curb Ramp Installation - CDBG Project #2. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said pians, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 16'h day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 322-01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 2001 Curb Ramp Installation - CDBG Project No. 2 pursuant to Resolution No. 280-01 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 22"d. day of June, 2001. Whereas, said sealed proposals were opened and read on the 5'h day of July, 2001, and it has been determined that the bid of Superior Concrete of Dubuque, Iowa, in the amount of $20,744.75 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 Superior Concrete 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 16'h day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 2001 Asphalt Paving Project: Proofs of publication on notice of hearing on plans and specifications, and notice to bidders on the receipt of bids for the 2001 Asphalt Paving Project and City Manager recommending award Regular Session, July 16, 2001 245 . of the contract to Portzen Construction, Inc., in the amount of $1,694,717.78, presented and read. Robbins moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7.0, . RESOLUTION NO. 323.01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 30lh day of May. 2001 pians, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 2001 Asphalt Paving Project (FY2002). Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 161h day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 324-01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 2001 Asphalt Paving Project (FY2002) pursuant to Resolution No. 254.01 and notice to bidders published in a newspaper pubiished in the City of Dubuque, Iowa on the 22"' day of June, 2001. Whereas, said sealed proposals were opened and read on the Slh day of July, 2001. and it has been determined that the bid of Portzen Construction, Inc. of Dubuque, Iowa, in the amount of $1,694,717.78 (with alternate) 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 Portzen Construction, 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 16th.day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 7.0. Buoi moved that the rules be reinstated limiting discussion to Council. Seconded by Robbins. Motion carried 7-0. ACTION ITEMS Vision iowa Grant Award Agreement and 28E Agreement: City Manager recommending approval of the Vision Iowa Grant Award Agreement and a 28E Agreement with the Dubuque County Historical Society, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0 RESOLUTION NO, 325.01 APPROVING THE VISION IOWA GRANT AWARD AGREEMENT WHEREAS, the Vision Iowa Program was established by the Iowa Legislature and the Governor of Iowa to support community projects that build on Iowa's unique assets and values and expand the recreational, cultural, educational, and entertainment opportunities in Iowa; and WHEREAS, the City of Dubuque, the Dubuque County Historical Society and the Dubuque Area Chamber of Commerce submitted a joint application to Vision Iowa requesting assistance in financing their America's River Project. The America's River Project consists of several components, including the Mississippi River National Education and Conference Center and the Mississippi River Discovery Center and Aquarium, as well as other components; and WHEREAS, Vision Iowa found the America's River Project to meet the requirements estabiished for participation in the Vision Iowa Program; and WHEREAS, the Board, on April 11, 2001, unanimously voted to award a grant not to exceed forty million dollars, for construction of the America's River Project; and WHEREAS, the Board, on July 11, 2001, approved the Grant Award Agreement for the America's River Project, a copy of which is attached hereto; and WHEREAS. the City Council of the City of Dubuque finds that it is in the best interests of the City to approve the Grant Award Agreement. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA AS FOLLOWS; 1. The Vision Iowa Grant Award Agreement attached hereto is hereby approved. 246 Regular Session, July 16, 2001 2. The Mayor is hereby authorized and directed to . execute the Grant Award Agreement on beha~ of the City of Dubuque. Passed, approved and adopted this 16th day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 326-01 APPROVING THE 28E AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE COUNTY HISTORICAL SOCIETY FOR THE CONSTRUCTION AND OPERATION OF THE AMERICA'S RIVER PROJECT WHEREAS, the Vision Iowa Program was established by the Iowa Legislature and the Governor of Iowa to support community projects that build on Iowa's unique assets and values and expand the recreational, cultural, educational, and entertainment opportunities in Iowa; and WHEREAS, the City of Dubuque, the Dubuque County Historical Society and the Dubuque Area Chamber of Commerce submitted a joint application to Vision Iowa requesting assistance in financing their America's River Project. The America's River Project consists of several components, including the Mississippi River Nationai Education and Conference Center and the Mississippi River Discovery Center and Aquarium, as well as other components; and WHEREAS, Vision Iowa found the America's River Project to meet the requirements established for participation in the Vision Iowa Program; and WHEREAS, the Board, on April 11, 2001, unanimously voted to award a grant not to exceed forty million dollars, for construction of the America's River Project; and WHEREAS, the Board, on July 11, 2001, approved the Grant Award Agreement for the America's River Project, a copy of which is attached hereto; and WHEREAS, the City Council of the City of Dubuque has approved the Grant Award Agreement: and WHEREAS, the Grant Award Agreement requires that the City and the Dubuque County Historical Society enter into an agreement to provide for their mutual cooperation with respect to the construction and operation of the America's River Project; and WHEREAS, the City Council of the City of Dubuque finds that it is in the best interests of the City of Dubuque to approve the 28E Agreement Between the City of Dubuque, Iowa and the Dubuque County Historical Society for the Construction and Operation of the America's River Project, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The 28E Agreement Between the City of Dubuque, Iowa and the Dubuque County Historical Society for the Construction and Operation of the America's River Project attached hereto is hereby approved. 2. The Mayor is hereby authorized and directed to execute the 28E Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 16th day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Behr Funeral Home - Construction Ordinance: City Manager recommending approval of a request from Behr Funeral Home to install ornamental lighting and trees within the City right-of-way at 1491 Main Street, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 An Ordinance Authorizing Elehr Funeral Home to construct and maintain four street lights at 1491 Main Street, Dubuque, Iowa, presented and read. ORDINANCE NO. 47-01 AN ORDINANCE AUTHORIZING BEHR'S FUNERAL HOME TO CONSTRUCT AND MAINTAIN FOUR (4) STREET LIGHTS AT 1491 MAIN STREET, DUBUQUE, IOWA NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Kathleen A. Conlon as the owner of the premises known as Behr's Funeral Home, and legally described as Lot 470A, City of Dubuque, Dubuque County, Iowa, be and they are hereby granted the revocable permit and authority to construct and maintain four street iights under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the Regular Session, July 16, 2001 247 . existence, location, installation, construction or maintenance of said streetlights; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Scheduie; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said streetlights sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of streetlights and to pay reasonable attorney fees therefor; and d. indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shail within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said canopy and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said street lights at permittees' expense and dispose of the same, and the permittees shall have no claim against the City or its agents for damages resulting from the removal of said streetlights. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such ciaim or defense against the City of Dubuque in the event of claim asserted for death, personal injurtes and/or property damage against the permittees artsing out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Kathleen A. Conion when this Ordinance has been adopted by the City Council and the terms . . and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authortzed and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Section 8. Iowa One-Call registration is required by State Law and can be accompiished by calling 1-800-292-8989 and asking for Sharon Deyo. Submit documentation to the City Engineertng Division of One-Call membership when received. Passed, approved and adopted this 16th day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 47-01 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 43-01, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By: Is/ Kathieen A. Conlon Behr's Funeral Home Title: Owner Dated: July 5, 2001 Published officia'lIy in the Telegraph Herald newspaper this 20th day of July, 2001. Jeanne F. Schneider, City Clerk 11 7/20 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 Robbins. Motion carried 7-0. Maxim Technologies - Monitoring Wells: City Manager recommending approval of a request from Maxim Technologies to install monitoring wells within the City right-of-way on Kerper Bouievard, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 327-01 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MAXIM TECHNOLOGIES, INC. TO INSTALL MONITORING WELLS ON PUBLIC RIGHT_OF_ WAY IN THE VICINITY OF 2255 KERPER BOULEVARD WHEREAS, Maxim Technoiogies Inc. has requested permission from the City of Dubuque to install a groundwater monitoring well on City right-of-way of Kerper Bouievard, for the 248 Regular Session, July 16, 2001 purpose of assessing groundwater conditions relating to the Kwik Stop Food Mart. WHEREAS, a License Agreement Right-Of- Entry for Site Assessment has been prepared outlining the responsibilities of Maxim Technologies, Inc, in the installation of a monitoring well on the public right-of-way; and WHEREAS, the performance of the activities of Maxim Technologies, Inc, will be at no cost or expense to the City and all work will be performed by the Licensee, Maxim Technologies, Inc., or its employees, agents for subcontractor; and WHEREAS, it is the desire of the City Council to enter into said License Agreement for the installation of a monitoring well in the public right-of-way as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the License Agreement for Right-Of-Entry for Site Assessment be and the same is hereby approved, Section 2. The Mayor be and is hereby authorized to execute said License Agreement for and on behalf of the City Council. Passed, approved and adopted this 16" day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution, Seconded by Nicholson, Motion carried 7-0. Cooper Wagon Works Building - Downtown Rehab Loan: City Manager recommending approval of a revised Letter of Commitment for the Downtown Rehab Loan for the Cooper Wagon Works Building at 299 Main Street, presented and read, Robbins moved that the communication be received and filed. Seconded by Nicholson, Motion carried 7-0, RESOLUTION NO. 328-01 A RESOLUTION AUTHORIZING A REVISED LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN TO THE COOPER DEVELOPMENT COMPANY, LLC, Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan Program for the purpose of stimulating reinvestment in the Downtown Dubuque Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of this loan program to finance code compliance activities and to spur job creation activities: and Whereas, the loan application from The Cooper Development Company, LLC meets the requirements of this program; and Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of The Cooper Development Company, LLC's partiCipation in the Downtown Rehabilitation Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of The Cooper Development Company, LLC for participation in the Downtown Rehabilitation Loan Program is hereby accepted and approved. Section 2, That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached revised Commitment Letter and to forward said letter to The Cooper Development Company, LLC for review and approval. Section 3. That the City Manager be and he is hereby directed to prepare, upon execution and receipt of the attached Commitment Letter by the applicant, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. Section 4. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dvbuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan Program, in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 16th day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Robbins moved adoption of the Resoiution, Seconded by Nicholson. Motion carried 7-0. Iowa Department of Transportation Preconstruction Agreement (Tabled at Meeting of July 2, 2001); Michaiski moved that this matter be removed from the table. Seconded by Nicholson. Motion carried 7-0, Communication from Richard E. Kautz, Iowa Department of Transportation, regarding the proposed extension of Iowa 32 (Northwest Arterial) and City Manager transmitting a request from the Iowa Department of Transportation for approval of a preconstruction agreement for construction of the extension of the Northwest Arterial to US 52, presented and read. Nicholson moved that the communications be received and filed, Seconded by Michalski. Motion carried 7-0, RESOLUTION NO, 329-01 RESOLUTION APPROVING PRECON- STRUCTlON AGREEMENT NUMBER 99-4- 09SA WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE Regular Session, July 16, 2001 249 . CONSTRUCTION OF IOWA 32 FROM JOHN F, KENNEDY TO US 52 Whereas, the Iowa Department of Transportation (IDOT) is proposing to construct Iowa 32 from John F. Kennedy Road to US 52; and Whereas, IDOT has prepared a preconstruction agreement outlining the terms under which the roadway would be extended; and Whereas, the City Council of the City of DUbuque approves the terms and conditions of said preconstruction agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That iowa Department of Transportation Agreement 99-4-095A consisting of the preconstruction agreement providing for IDOT's construction of US 32, from John F. Kennedy Road to US 52. Section 2. That a separate and more detailed agreement will be proposed for transfer of jurisdiction of that portion of Iowa 32 from US 20 to the easterly City limits to the City of Dubuque upon completion of the Southwest Arterial environmental assessment and the commitment of funding for the construction of the Southwest Arteriai, and the completion of the Northwest Arterial extension by IDOT. Section 3. That the Mayor be authorized and directed to execute two copies of the preconstruction agreement. Passed, approved and adopted this 161h day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Michalski. Motion carried 7.0. . Plastic Center, Inc. - Conceptual Development Plan: Communication from Brian J. Kane, Counsei for Plastic Center, Inc., requesting that the conceptual development plan and rezoning request for property located on the southeast corner of the Northwest Arterial and Asbury Road, which was tabled on Juiy 17, 2000, be removed from the table and set for public hearing on August 6, 2001, presented and read. Nichoison moved to receive and file the documents and refer matter to the Zoning Advisory Commission. Seconded by Cline. Motion carried 7.0. . Street Tree and Landscaping on Public Right. of-Way Policy ; City Manager recommending approval of revisions to the Street Tree and Landscaping on Public Right.of-Way Policy, presented and read. Michalski moved to receive and file the communication and approve recommendation. Seconded by Nicholson. Motion carried 7~O. America's River Project - Vacating of Various Streets: City Manager recommending approval of the request to consider vacating Wall Street, Tower Street, East 6" Street and adjacent alleys all east of Bell Street for future platting purposes, presented and read. Buol moved that the communication be received and fried. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 330.01 RESOLUTION APPROVING PLAT OF PROPOSED VACATED WALL STREET, TOWER STREET, EAST 6TH STREET AND ADJACENT ALLEYS ALL EAST OF BELL STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 28, 2001, prepared by IIW Engineers & Surveyors, P.C., describing the proposed vacated portions of Wall Street, Tower Street, East 6'h Street, and adjacent alleys all east of Bell Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated June 28, 2001, prepared by IIW Engineers & Surveyors, P.C., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, iowa. Passed, approved and adopted this 16'h day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7.0. An Ordinance Vacating Wall Street, Tower Street, East 6'h Street and adjacent alleys all east of Bell Street, presented and read. ORDINANCE NO. 48.01 ORDINANCE VACATING WALL STREET, TOWER STREET, EAST 6TH STREET AND ADJACENT ALLEYS ALL EAST OF BELL STREET Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Councli a plat showing the vacated portion of Wall Street, Tower Street, East 6'h Street, and adjacent aileys all east of Bell Street, in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that Wall Street, 250 Regular Session, July 16, 2001 Tower Street, East 6th Street, and adjacent alleys all east of Bell Street are no longer required for public use, and vacating of said portions of Wall Street, Tower Street, East 6~ Street, and adjacent alleys all east of Bell Street known as Lot 1A of Block 23, Lot 1A of Block 24, Lot 1 A of Block 25 all of Dubuque Harbor Company's Addition and Lots 2A and 2B of Riverwalk 3" Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 1A of Block 23. Lot 1A of Block 24, Lot 1A of Block 25 all of Dubuque Harbor Company's Addition and Lots 2A and 2B of Riverwalk 3" Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 161h day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Heraid newspaper this 20th day of July, 2001. Jeanne F. Schneider, City Clerk 1t 7/20 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. 'Housing Commission: Communication from David Harris, Housing and Community Development Director regarding the attendance of a Housing Commission Member and requesting that the position be declared vacant, presented and read. Buol moved that the communication be received and filed and declared the relevant seat vacant. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of an amendment to the Demolition Ordinance, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance amending Ordinance No. 37-01, Demolition Permits in Demolitions Districts, Section 7, providing for exceptions to the Demolition Permit requirement, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 46-01 AN ORDINANCE AMENDING ORDINANCE NO. 37-01, DEMOLlTtON PERMITS tN DEMOLITION DISTRICTS, SECTION 7, PROVIDING FOR EXCEPTIONS TO THE DEMOLITION PERMIT REQUIREMENT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Ordinance No. 37-01, Section 7, is amended to read as follows: Section 7. This ordinance shall not apply to an application for a demolition permit for the buildings located at 841-846 Central Avenue and 805 Central Avenue. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 16th day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 181h day of July, 2001. Jeanne F. Schneider, City Clerk 1t 7/18 Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further,. moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. COUNCIL MEMBERS REPORTS Michalski commended the Director of Housing and Community Development Department David Harris on obtaining additional Housing Vouchers. ITEMS TO BE SET FOR PUBLIC HEARING Airport Air Service Building (FBO) ADA Improvements Initiate: City Manager recommending Initiation of the bidding process for the Airport Air Service Building (FBO) ADA Improvements Project and that a public hearing be set for August 20, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 331-01 PRELtMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the DUbuque Regional Air Service Building (FBO) ADA Improvements Project, in the estimated amount of $44,500.00, are hereby approved and ordered Regular Session, July 16, 2001 251 . filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 1 e'h day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 332-01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on fiie in the office of the City Clerk for public inspection of the Dubuque Regional Air Service Building (FBO) ADA Improvements Project. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 20lh day of August, 2001, a pubiic hearing will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against . the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 161h day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 333-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Dubuque Regional Air Service Building (FBO) ADA Improvements Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the proviSions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the glh day of August, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 20lh day of. August, 2001. Passed, adopted and approved this 16'h day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Michalski moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 7-0. Sutton Pool Tank Painting Project - Initiate: City Manager recommending initiation of the bidding process for the Sutton Pool Tank Painting Project and that a publiC hearing be set for August 20, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 334-01 PRELIMIN,/l.RY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the PAINTING SUTTON POOL TANK PROJECT, in the estimated amount of $34,000, are hereby approved and ordered filed in the office of the City Clerk, for publiC inspection. Passed, approved and adopted this 161h day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 335-01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the PAINTING SUTTON POOL TANK PROJECT. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 20th day of August, 2001, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said 252 Regular Session, July 16, 2001 improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation In the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file Objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 16th day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO,336-01 ORDERING BIOS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the PAiNTING SUTTON POOL TANK PROJECT is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted, That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be iess than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 9th day of August, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 20th day of August, 2001. Passed, approved and adopted this 16th day of July, 200L Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resotut'lon. Seconded by Nichoison. Motion carried 7-0. There being no further business, Buol moved to adjourn. Seconded by Cline. Motion carried 7- 0, The meeting adjourned at 7:34 P,M. Isl Jeanne F, Schneider City Clerk 1t 7125 . "_._,_.,_...."---~^---_..._.~-_._'< Approved: a//~A:./ / 2001 Adopted: (~hkA, / 2001 a.~ Special Session, July 23, 2001 253 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, July 23, 2001 Council met in Special Session at 5:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is a speCial session of the City Council called for the purpose of discussing the Storm Water Management Program. . City Staff introduced representatives of HDR Engineering, Inc., and IIW Engineers. A presentation was made on the Master Plan Preliminary Findings for the City's Storm Water Management Plan. The areas looked at were the North Fork Catfish Creek Drainage Basin and the Bee Branch Drainage Basin and . preliminary recommendations and cost estimates were given. After Council discussion, it was determined that a bus tour of the areas would be arranged and additional information would continue to be brought back to Council as work progressed on the Storm Water Managernent Program. There being no further business, Robbins moved to adjourn. Seconded by Buol. Motion carried 7-0. The meeting adjourned at 7:35 p.m. fsf Jeanne F. Schneider City Clerk 11 7f30 . 2001 2001 Council Members Special Session, July 30, 2001 255 . Iowa, for the acquisition of a part of lot 1-1-4 of Mineral lot 501. Section 3. That the Corporation Counsel be and is hereby directed and empowered to do any and all things necessary and incidental to said eminent domain proceedings to acquire the temporary construction easement and permanent right-of-way needed. Passed, approved and adopted this 30th day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Nicholson moved adoption of the Resoiution. Seconded by Michalski. Motion carried 5-0. There being no further business, Nicholson moved to adjourn. Seconded by Michalski. Motion carried 5-0. The meeting adjourned at 5:36 p.m. Isl Jeanne F. Schneider City Clerk 11 813 . . 2001 2001 Attes ./ /2) ----~ ~f~ .