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2001 September Council Proceedings Regular Session, September 4, 2001 295 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, Tuesday, September 4, 2001 Council met at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michaei 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 Tom Rhomberg. PROCLAMATIONS: Awareness Day for A-T (September 8, 2001) received by Joel Harvey and family; Alzheimer's Association Memory Walk Awareness Day (September 15, 2001) received by Sr. Michelle Nemmers. . Shelby Duggan and her mother Judith spoke about her concerted effort to raise money on her paper route to help with the victims of the terrorist activities on September 11,2001. CONSENT ITEMS Minutes Submitted: City Council Proceedings of 8/20, 8/22, and 8/23, Electrical Code Board of 8/14; Five Flags Commission of 8/21; Housing Code Appeals Board of 5/15 (Corrected); Library Board of 4/25; Park and Recreation Commission of 8/14; Zoning Board of Adjustment of 7/26; presented and read. Michalski moved that the minutes be received and filed. Seconded by Robbins. Motion carried 7-0. Minutes of the August 6, 2001 City Council Special Meetintll on the opening of Main Street from 5'h to 9 Streets; presented and read. Michalski moved that the minutes be received and filed. Seconded by Robbins. Motion carried 7-0. . Notice of Claims/Suits: Sharon Armbruster in estimated amount of $245.00 for personal injury; Gene Chapman in estimated amount of $17.00 for property damage; Karen A. Saboe in estimated amount of $62.90 for property damage; Servicemaster in estimated amount of $102.35 for vehicle damage, presented and read. Michalski moved that the communications be received and filed and claims referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7-0. Crompton Corporation and The Aspermont Company Original Notice of Appeal of Appraisement Award and Resistance to Motion to Dismiss; Agri Industries a/kla American Grain and Related Industries - Resistance to Motion to Dismiss by Defendant City of Dubuque, presented and read. Michalski moved that the communication be received and filed and matter referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7- O. Corporation Counsel advising that the following ciaim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Sharon Armbruster for personal injury, presented and read. Michalski moved that the communication be received and filed and concurred with referral. Seconded by Robbins. Motion carried 7- O. Corporation Counsel advising that the personal injury claim of Joan Schlueter and the vehicle damage claim of Tracy Burns have been administratively closed, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Corporation Counsel recommending that the claim of David Fisch for property damage be denied, presented and read. Michalski moved that the communication be received and filed and concurred with recommendation. Seconded by Robbins. Motion carried 7-0. Corporation Counsel recommending settlement of the claims of Jayne Banfield (for Service master) in the amount of $102.35 for vehicle damage, Lisa Greenwood in the amount of $316.22 for vehicle damage, and John Sullivan in the amount of $232.94, presented and read. Michalski moved that the communications be received and filed and that the Finance Director be directed to issue the payments. Seconded by Robbins. Motion carried 7-0. Citizen Communications: Communication of Eric and Bonita Timmerman requesting to purchase City-owned property known as Lot 130 in Lenox Subdivision, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Robbins. Motion carried 7-0. 296 Regular Session, September 4, 2001 Petition requesting repaving of the alley off the east side of Wilson Avenue; presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Robbins. Motion carried 7-0. Supervisory Controi and Data Acquisition System Project - Acceptance: City Manager recommending acceptance of the Supervisory Control and Data Acquisition System in the final contract amount of $232,999, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 378-01 ACCEPTING IMPROVEMENT WHEREAS, the Contract for the fabrication of the new Supervisory Control and Data Acquisition System has been completed and the City's Water Department Staff and I recommend acceptance of the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be accepted. Passed, adopted and approved this 4th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 379-01 FINAL ESTIMATE WHEREAS, the Contract for the new Supervisory Control and Data Acquisition System Project, located at the Eagle Point Water Plant, 1902 Hawthorne Street, and it's satellite locations, has been compieted and the City has submitted the final estimate showing the cost thereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $232,999.00 dollars. Section 2. That the final payment $11,649.95 be paid to Miller Electric of Dubuque, Iowa in accordance with the State Statues from funds in the Water Department's FY '01 CIP Bud\j,et. Passed, adopted and approved this 4 day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Michaiski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Eagle Point Water Plant Chlorine Feed Room Expansion Project - Acceptance: City Manager recommending acceptance of the Eagle Point Water Plant Chlorine Feed Room Expansion Project in the final contract amount of $135,283, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 380-01 ACCEPTING IMPROVEMENT WHEREAS, the Contract for the construction of the Expansion of the Chlorine Feed Room has been completed and the City's consultant I.I.W. Engineering and Associates of Dubuque, Iowa recommends acceptance of the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be accepted. Passed, adopted and approved this 4'h day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 381-01 FINAL ESTIMATE WHEREAS, the Contract for the Chlorine Feed Room Expansion Project, located at the Eagle Point Water Plant, 1902 Hawthorne Street, Dubuque, Iowa has been completed and the city has submitted the final estimate showing the cost thereof. NOW THERE, FORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $135,283.00 dollars. Section 2. That the final payment $8,422.00 be paid to Portzen Construction, Inc. of Dubuque, Iowa in accordance with the State Statues from funds in the Water Department's FY '01 CiP Budget. Passed, adopted and approved this 4th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resoiution. Seconded by Robbins. Motion carried 7-0. Pennsylvania Pump Station Project Acceptance: City Manager recommending acceptance of the Pennsylvania Pump Station Project in the final contract amount of $328,796.11, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Regular Session, September 4, 2001 297 . RESOLUTION NO. 382-01 ACCEPTING IMPROVEMENT WHEREAS, the Contract for the construction of the Pennsylvania Pump Station BuHding with pumps and equipment has been completed and the City's consuitant I.I.W. Engineering and Associates of Dubuque, Iowa recommends acceptance of the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be accepted. Passed, adopted and approved this 41h day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 383-01 FINAL ESTIMATE WHEREAS, the Contract for the construction of the Pennsylvania Pump Station Project, iocated at 4136 Pennsylvania Avenue, Dubuque, Iowa has been completed and the city has submitted the final estimate showing the cost thereof. NOW THERE, FORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $328,796.11 dollars. Section 2. That the final payment $16,440.11 be paid to Portzen Construction, Inc. of Dubuque, Iowa in accordance with the State Statues from funds in the Water Department's FY '01 CIP Budget. Passed, adopted and approved this 41h day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Pine Knoll - Acceptance: City Manager recommending acceptance of the pubHc sanitary sewer improvements in Pine Knoll Subdivision - Phase I as completed by Kane Development Corp., presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 384-01 ACCEPTING SANITARY SEWER IMPROVE. MENTS IN PINE KNOLL - PHASE I Whereas, certain improvements including sanitary sewer were installed by the deveioper of Pine Knoll - Phase I (Lot 1-1-3 St. Mary's Place); and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements in Pine Knoll - Phase 1 (Lot 1-1-3 St. Mary's Place) be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the contractor and the owner for a period of two years from this date. Passed, approved and adopted this 41h day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. U.S. Army Corps of Engineers: City Manager recommending approval of an agreement with the U.S. Army Corps of Engineers for repair of the City of Dubuque floodwall, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 385-01 RESOLUTION APPROVING AN AGREEMENT WITH THE U.S. ARMY CORPS OF ENGINEERS FOR REPAIR OF THE CITY OF DUBUQUE FLOODWALL Whereas, the City of Dubuque received written notice from the U.S. Army Corps of Engineers that, under the provisions of Public Law 99, 84th Congress, the Corps has received authorization and funds to repair flood-related damage to the City of Dubuque floodwall; and, Whereas, the U.S. Army Corps of Engineers has submitted the attached Agreement For Rehabilitation Of Damaged Flood Control Works, which requires the approval of the City Council of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1_. The Agreement For Rehabilitation Of Damaged Flood Control Works attached herein is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Agreement For Rehabilitation of Damaged Flood Control Works and accompanying documents. 298 Regular Session, September 4, 2001 Passed, approved and adopted this 4'h day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michaiski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. 966 Liberty Street: City Manager recommending the acceptance of a deed to real property located at 966 Liberty Street from the United States of America, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 386-01 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM THE UNITED STATES OF AMERICA WHEREAS, the City of Dubuque entered into an Agreement with the United States Of America for the purchase of the following described real property in Dubuque County, Iowa: Lot 1 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 16, Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 16, Lot 2 of Lot1 of Lot 2 of Lot 1 of Lot 1 of Lot 16, Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 16 and Lot 2 of Lot 2 of Lot 16 in Clark's Subdivision in the City of Dubuque, Iowa AND WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Deed from the United States of America, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed, approved and adopted this 4th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Four Mounds Estate: Historic Preservation Commission recommending that the Four Mounds Estates Historic District located at 4900 Peru Road be nominated to the National Register of Historic Places, presented and read, Michalski moved that the communication be received and filed and nomination approved. Seconded by Robbins. Motion carried 7-0. Town Clock Building: Historic Preservation Commission recommending that the Town Clock Building located at 823/825 Main Street be nominated to the National Register of Historic Places, presented and read. Michalski moved that the communication be received and fiied and nomination approved. Seconded by Robbins. Motion carried 7-0. Young Men's Christian Association (Iowa Inn) Building: Historic Preservation Commission recommending that the former YMCA/Iowa Inn Building located at 125 West Ninth Street be nominated to the National Register of Historic Places, presented and read. Michalski moved that the communication be received and filed and nomination approved. Seconded by Robbins. Motion carried 7-0. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the Four Mounds Estate Historic District at 4900 Peru Road, the Town Clock Building located at 823 - 825 Main Street and the Dubuque Young Men's Christian Association Building located at 125 West Ninth Street will be considered by the State National Register Nominations Review Committee for nomination to the National Register of Historic Places on October 12, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Demolition Permit - 125 West Ninth Street: Historic Preservation Commission recom- mending approval of the request of MetroPlains / MOl Development for a demolition permit at 125 West Ninth Street, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carried 7-0. Iowa Department of Economic Deveiopment - City Development Board: Communication from the City Development Board advising that the City of Asbury has petitioned for a voluntary annexation within the urbandized area of the City of Dubuque, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion earned 7-0. Communication from the City Development Board advising that the City of Dubuque has petitioned for a voluntary annexation within the urbandized area of the City of Asbury, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Iowa Department of Transportation: Communication from the Iowa Department of Transportation in the matter of the condemnation of certain rights in land by the IDOT for the improvement of Primary Road No. U.S. 20 in and south of the City of Dubuque located in Dubuque County, Iowa, presented Regular Session, September 4, 2001 299 . and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Great Lakes Aviation, LId: Communication from the United States Department of Transportation allowing suspension of service by Great Lakes Aviation, LId between Dubuque and Chicago O'Hare as of August 25, 2001, presented and read. Michaiski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Commission on Accreditation for Law Enforcement Agencies: Communication from the Commission on Accreditation for Law Enforcement Agencies advising that the Dubuque Police Department has been awarded reaccreditation status, presented and read. Nicholson moved that the communication be received and fiied and commended Police Chief Kim Wadding for this honor. Seconded by Michalski. Motion carried 7-0. . Local Housing Assistance Program: Communication from the Iowa Department of Economic Development advising that the City's Local Housing Assistance Program has achieved substantial compliance with financial and program requirements. presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Zoning Advisory Commission Vacancy: Communication from the Zoning Advisory Commission advising that Commission Member Bob Nagle no longer lives in the City of Dubuque and requesting that this position be declared vacant, presented and read. Michalski moved that the communication be received and filed and approved the request that the position be declared vacant. Seconded by Robbins. Motion carried 7 -D. Housing Trust Fund Awards: City Manager recommending approval of Housing Trust Fund Awards to Maria House ($5,130); Scott and Dawn Potter for the Davis Place SRO facility {$31 ,884); and the Dubuque Food Pantry ($7,666), presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carried 7-0. . Worker's Compensation Claim: Com- munication from City Solicitor Bill Blum requesting approval of a proposed settlement for a Workers' Compensation claim - Atchison, presented and read. Michalski moved that the communication be received and filed and request approved. Seconded by Robbins. Motion carried 7-0. Business Licenses: RESOLUTION NO, 387-01 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 Ucense. CLASS C BEER/LIQUOR LICENSE P.M.S.T. inc Happy's Piace+ (Sunday Sale) 2323 Rockdale Rd David H. Erickson Lucky 13 Tap+ (Sunday Sale) 385 E. 13th St SPECIAL CLASS "COO LIQUOR LICENSE Legionnaires Drum & Bugle Corp Colts Community Center+(Sunday Sale) 1101 Central Passed, approved and adopted this 4th day of September 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS Interviews for the following Boards and Commissions: Plumbing Board (Three unexpired terms - Master Plumber to expire 11/2/02) - Applicant: Harlan Willenborg. Zoning Advisory Commission (One vacancy to expire 7/1/03) - Applicants: Ferd Nesler and Ben Rousch. Mr. Rousch spoke requesting consideration for appointment. Appointments to the foliowing Boards and Commissions: Airport Commission (Two four-year terms to expire 9/14/05) Applicants: Doug Brotherton, Jim O'Neill and Dale Hirsch. Vote on the appointments was as follows: Michalski voted for Brotherton and O'Neill. Nicholson voted for Brotherton and O'Neill. Robbins voted for Brotherton and O'Neill. Buol voted for Brotherton and O'Neill. Cline voted for Brotherton and O'Neill. Duggan voted for Brotherton and O'Neill. Markham voted for Brotherton and O'Neill. Therefore, Doug Brotherton and Jim O'Neill 300 Regular Session, September 4, 2001 were reappointed to four year terms on the Airport Commission which wlli expire 9/14/05. Cable Teleprogramming Commission (One three-year term to expire 6/30/04) Applicant: Paul R. Kohl. Michalski moved that Paul Kohl be reappointed to the three year term to expire 6/30/04. Seconded by Nicholson. Motion carried 7-0. ACTION ITEMS Seippel Road - Speed Limits: City Manager recommending that the speed limit on Seippel Road from Oid Highway Road to U.S. Highway 20 be raised from 35 miles per hour to 45 miles per hour, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by revising Subsection (C) of Section 32-231 thereof providing for the establishment of speed limits on Seippel Road, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 55-01 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REVISING SUBSECTION (C) OF SECTION 32-231 THEREOF PROVIDING FOR THE ESTABLISHMENT OF SPEED LIMITS ON SEIPPEL ROAD NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by deleting Seippel Road from Subsection (c) of Section 32- 231 thereof as follows: "Sec. 32-231. limits Generallv. (c) THIRTY-FIVE (35) MILES PER HOUR Seippel Road, from U.S. Highway 20 to the northerly City limits. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Seippel Road to Subsection (c) of Section 32- 231 thereof as follows: "Sec. 32-231. Limits Generallv. (c) ******.. THIRTY-FIVE (35) MILES PER HOUR Seippel Road, Old Highway Road to the northerly City limits. FORTY-FIVE (45) MILES PER HOUR Seippel Road, U.S. Highway 20 to Old Highway Road. Passed, approved and adopted this 41h day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Teiegraph Herald newspaper this 81h day of September, 2001. Jeanne F. Schneider, City Cieri< 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. Project Manager - Port of Dubuque: City Manager recommending approval of a Request for Proposals for a Project Manager for the Port of Dubuque project, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nichoison. Motion carried 7-0. Request to Vacate a Portion of 1 zih Street: City Manager recommending preliminary approval of a request from Greg and Pe~gy Stover to vacate a 12-foot wide portion of 12 Street right-of-way immediately west of Bluff Street, presented and read. Robbins moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carried 7-0. Ice Harbor Hotel (Platinum Hospitality) Request for Building Permit Due to potential conflict of interest Mayor Duggan turned the meeting over to Mayor Pro- Tem Robbins City Manager recommending approval of Platinum Hospitality's request for a building permit to construct a 192 room, seven-story hotel with attached indoor Water Park on the Fourth Street Peninsula; presented and read. Jim Rix, President of Platinum Hospitality, spoke to the request. Nicholson moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 6-0. Mayor Duggan returned to the table and took over control of the meeting. National League of Cities: Communication from Donald J. Borut, Executive Director of the National League of Cities, requesting that the City designate Voting and Alternate Voting Deiegates for the Annuai Congress of Cities, presented and read. Nicholson moved that Council Member Markham be the Voting Delegate and Council Member Cline the Alternate Voting Delegate. Seconded by Michalski. Motion carried 7-0. COUNCIL MEMBER REPORTS Regular Session, September 4, 2001 301 . Michalski commended City Staff for their work on the Labor Day Parade. Cline requested information on what repairs were necessary on the Town Clock. ITEMS TO BE SET FOR PUBLIC HEARING Mediacom Cable Franchise Extension: City Manager recommending that a public hearing be set for September 17, 2001 to consider extending Mediacom Cable Franchise iease to June 30, 2002, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson, Motion carried 7- O. . RESOLUTION NO. 388-01 A RESOLUTION OF THE CITY'S INTENT TO GRANT A SHORT-TERM EXTENSION OF AN EXISTING CABLE SERVICES FRANCHISE AND AN EXISTING HUB SITE LEASE TO MCCIOWA L.L.C. Whereas, MCClowa, L.L.C. (Mediacom) is the current holder of a cable services franchise, embodied in Ordinance No. 42-81, as modified by a series of waivers and side agreements, and acquired from TCI of Iowa, Inc. via a transfer approved by the Dubuque City Council on June 18,2001;and Whereas, one of the side agreements is a lease to Mediacom to build and maintain a network hub on City-owned property located at 1585 West Third Street in Dubuque; and Whereas, the tenns of the franchise and of the lease will expire September 30, 2001; and Whereas, representatives of the City of Dubuque and of Mediacom have entered into good faith negotiation of terms and conditions for the renewal of the franchise and the lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to extend the term of the cable services franchise and the term of the lease to June 30, 2002 under the same tenns and conditions as currently in effect; and Section 2. That the City Clerk is hereby authorized and directed to cause notice to be published of the proposed extension in the manner prescribed by law. Passed, approved and adopted this 4th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and further set this matter for Public Hearing on 9/17/01 at a meeting to commence at 6:30 p.m. in the Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. . Arbor Oaks Easement - Request to Vacate: City Manager recommending that a pUblic hearing be set for September 17, 2001 to consider a request to vacate a portion of Arbor Oaks, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 389-01 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE UTILITY EASEMENT OVER LOT 23 BLOCK 9 ARBOR OAKS IN THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA Whereas, James and Patricia Peters, are the current owners of Lot 23 Block 9 Arbor Oaks; and Whereas, a 10-foot wide utility easement is currently platted on the westerly side of said lot; and Whereas, James and Patricia Peters have petitioned to vacate the easterly 5 feet of said easement in said lot. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate the easterly 5 feet of a 10-foot wide utility easement along the westerly boundary line of Lot 23 Block 9 of Arbor Oaks in the City of Dubuque, Iowa, as shown on the attached Exhibit A. Section 2. That the City Clerk be and Is hereby authorized and directed to cause a notice of intent to be published as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this 4~ day of September, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resoiution and further set this matter for Public Hearing on 9/17/01 at a meeting to commence at 6:30 p.m. in the Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Lease with Iowa State Conservation Commission: City Manager recommending that a public hearing be set for September 17, 2001 to consider amending the lease for the E.B. Lyons Prairie-Woodiand Preserve and Nature Interpretive Center with the Iowa State Conservation Commission to include a section of the Rip Row Valley property, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. 302 Regular Session, September 4, 2001 RESOLUTION NO, 390-01 RESOLUTION DECLARING CITY COUNCIL INTENT TO AMEND THE LEASE AGREEMENT WITH THE tOWA STATE CONSERVATION COMMISSION FOR THE E,B. LYONS PRAIRIE-WOODLAND PRESERVE AND NATURE INTERPRETIVE CENTER WHEREAS, the City is the Lessor and the DNR is the Lessee under the terms 01 a Lease Agreement entered into on June 6, 1983; and WHEREAS, the DNR desires to lease additional properly lrom the City lor a park area; and WHEREAS, it is deemed to be in the best interest of both parties to the Lease Agreement that this First Amendment to Lease Agreement be approved, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is the intent of the City Council 01 the City 01 Dubuque, iowa, to amend the lease, alter a publiC hearing, of the Iowa State Conservation Commission lor the E.B. Lyons Prairie-Woodland Preserve and Nature Interpretive Center to include a section 01 Rip Row Valley properly, located in the City of Dubuque, lor the purpose 01 providing a park area. Section 2. That the first amendment, attached hereto and made a part hereol, 01 such properly shall be lor the term of the original lease agreement, and shall be subject to such terms and conditions as set lorth in the lease agreement. Section 3. That the City Clerk is hereby directed to give notice in the manner required by law 01 a publiC hearing to be held on September 17, 2001, at 6:30 p.m., in the City Council Chambers, Carnegie-Stout Public Library, Dubuque, Iowa, at which time and place all interested parties will be given opportunity to be heard for or against the proposal to lease the laciiity herein described. Passed, approved and adopted this 4th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne M. Schneider, City Clerk Michalski moved adoption 01 the Resolution. Seconded by Nicholson. Motion carried 7-0. iowa National Guard Training at Rooseveit Park: City Manager recommending that a public hearing be set lor September 17, 2001 to consider a usage agreement with the Iowa National Guard allowing them to do training at the lorrner Roosevelt Park, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 391-01 RESOLUTION DECLARING CITY COUNCIL INTENT TO ENTER AN AGREEMENT WITH THE IOWA NATIONAL GUARD FOR A SECTION OF THE FORMER ROOSEVELT PARK, AND AUTHORIZING PUBLIC HEARING WHEREAS, the City 01 Dubuque is the owner 01 a public lacility lormerly known as Roosevelt Park; and WHEREAS, the City of Dubuque desires to allow a section 01 the former Rooseveit Park to be used as a training site by the Iowa National Guard: and WHEREAS, the usage agreement lor a section 01 the lormer Roosevelt Park to the Iowa National Guard, is determined to be in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is the intent 01 the City Council 01 the City 01 Dubuque, Iowa, to enter an agreement, alter a public hearing, with the Iowa National Guard, lor a section 01 the lormer Roosevelt Park, located in the City of Dubuque, for the purpose 01 conducting training. Section 2. That the agreement, attached hereto and made a part hereof, 01 such property shall be for one year, automatically renewed unless terminated, and shall be subject to such terms and conditions as set lorth in the lease. Section 3. That the City Clerk is hereby directed to give notice in the manner required by law 01 a pubiic hearing to be held on September 17, 2001, at 6:30 p.m. in the City Council Chambers, Carnegie-Stout Public Library, Dubuque, Iowa, at which time and place all interested parties will be given opportunity to be heard lor or against the proposal to lease the lacility herein described. Passed, approved and adopted this 4th day 01 September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Michalski moved adoption 01 the Resolution. Seconded by Nicholson. Motion carried 7-0. Local Law Enlorcement Block Grant Award: City Manager recommending that a public hearing be set lor September 17, 2001 to consider final acceptance of the 2001 Local Law Enforcement Block Grant Award, presented and read. Michalski moved that the communication be received and fiied. Seconded by Nichoison. Motion carried 7-0. Michalski moved to set this matter lor Public Hearing on 9/17/01 at a meeting to commence at 6:30 p.m. in the Library Auditorium and directed the City Cierk to publish notice in the Regular Session, September 4, 2001 303 . manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Comiskey Park Building - Initiate: City Manager recommending initiation of the bidding process for the Comiskey Park Building Project and that a public hearing be held October 15, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 392-01 PRELIMINARY 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 COMISKEY BUilDING CONSTRUCTION PROJECT, in the estimated amount of $310,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 4th day of September, 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. 393-01 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 COMISKEY BUilDING CONSTRUCTION PROJECT. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 15th day of October, 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 generai 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 4th day of September, 2001. . Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 394-01 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the COMISKEY BUILDING CON- STRUCTION 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 shail 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 twenty days prior to the receipt of said bids at 2:00 p.m. on the 5th day of October, 2001. Bids shali 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 15th day of October, 2001. Passed, approved and adopted this 4th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Fishing Jetty at Bergfeld Recreation Area: City Manager recommending initiation of the bidding process for the Fishing Jetty at Bergfeid Recreation Area and that a public hearing be held October 1, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 395-01 PRELIMINARY 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 BERGFELD RECREATION AREA FISHING JETTY AND ACCESS TRAil PROJECT, in the estimated amount of $56,147, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 4th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 304 Regular Session, September 4, 2001 Michalski moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 396-01 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 frle in the office of the City Clerk for public Inspection of the BERFELD RECREATiON AREA FISHING JETTY AND ACCESS TRAIL PROJECT. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 1 st day of October, 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 frle objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 4th day of September, 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. 397-01 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the BERGFELD RECREATION AREA FISHING JETTY AND ACCESS TRAIL 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 twenty days prior to the receipt of said bids at 2:00 p.m. on the 20th day of September, 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 1st day of October, 2001. Passed, approved and adopted this 4th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. There being no further business, Buol moved to adjourn the meeting. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 7:22 P.M. Isl Jeanne F. Schneider City Cierk 11 9/12 Approved: .~-L~::~e:~v{ ..5 Adopted: ~~/:,? ~ 2001 2001 Council Members Attest: Clerk Special Session, September 17, 2001 305 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, September 17, 2001 Council met for Dinner at 5:00 P.M. in the Library Rotunda Council met in Special Session at 5:34 P.M. in the Library Auditorium. Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nichoison, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the special session of the City Council called for the purpose of hearing a presentation by HOK Venue. Representatives of HOK Venue presented schematic designs of the proposed Conference and Education Center and discussed various elements of the project. . . There being no further business, upon consensus special meeting adjourned at 6:23 P.M. Isl Jeanne F. Schneider City Clerk 1\9/27 . Approved: - " . 2001 ) w 306 Reg.ular Session, September 17, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, September 17, 2001 Council met 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. A Color Guard provided by the Dubuque Police and Fire Departments and representatives of the Military, Pledge of Allegiance, Striking the Four Fives by the Dubuque Fire Department and a Proclamation in remembrance of the recent Attack on America. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Sr. Dolores Ullrich, OSF, Stonehill Franciscan Services. PROCLAMATION: Stonehill Adult Center Day (September 22, 2001) received by Sr. Dolores Ullrich, OSF, President of Stonehill Franciscan Services. CONSENT ITEMS Minutes Submitted: Airport Commission of 8/27; Civil Service Commission of 7/31; Community Development Advisory Commission of 9/6; Downtown Planning Committee of the Long Range Planning Commission of 8/13; Electrical Code Board of 8/30; Environmental Stewardship Advisory Commission of 9/4; Historic Preservation Commission of 8/27; Housing Commission of 8/27; Housing Commission Trust Fund Committee of 8/23; Zoning Advisory Commission of 9/5; Zoning Board of Adjustment of 8/23, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0. Proof of publication of Council Proceedings of 8/6, 8/20, 8/22 and 8/23; Proof of Publication of List of Claims and Summary of Revenues for month ending July 31, 2001, presented and read. Buol moved that the proofs be received and filed. Seconded by Markham. Motion carried 7-0. Notice of Claims/Suils: Karen A. Heaiy in undetermined amount for personal injury; Elizabeth Heiberger in estimated amount of $115.00 for property damage; Norma J. Winter Smith in undetermined amount for property damage, Teamsters Local Union No. 421 v. City of Dubuque, 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 recommending settlement of the claim of Robert Reding in the amount of $76.43 for vehicle damage; Corporation Counsel recommending denial of the claim of Karen A. Saboe for vehicle damage; presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Whiskey River: Communication from Joseph J. Bitter, representing Chad Streff (d/b/a Whiskey River), regarding the City's noise ordinance and City Manager response on the enforcement of municipal infractions for noise/disturbance complaints, presented and read. Buol moved that the communications be received and filed. Seconded by Markham. Motion carried 7-0. Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the periOd of July 1, 2000 through June 30, 2001 as required by the U.S. Department of Housing and Urban Development (HUD) for the City's Community Development Block Grant Program, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 398-01 RESOLUTION AUTHORIZING THE SUBMIS- SION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2000 AND CONCLUDING JUNE 30, 2001. Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Community Deveiopment Block Grant (CDBG) Program of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the CDBG regulations require that no later than ninety (90) days after the completion of a program year, each entitlement recipient must submit a performance and evaluation report, Consolidated Annual Performance and Evaluation Report (CAPER); and, Regular Session, September 17,2001 307 . Whereas, the City has 1) prepared a CAPER for the program year commencing July 1, 2000 and concluding June 30, 2001; 2) published notice of availability of the CAPER in the Telegraph Herald on August 20, 2001 and in the Dubuque Advertiser on August 22, 2001; 3) made copies of the CAPER available for public review at the Carnegie Stout Public Library, City Hall, and Housing and Community Development Department; 4) held a public hearing pursuant to published notice before the Community Development Advisory Commission on September 6, 2001; and Whereas, the Community Development Advisory Commission has voted to approve the CAPER and to recommend City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing Juiy 1, 2000 and concluding June 30, 2001, a copy of which Is attached, is hereby approved for submission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized and directed to submit the Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 17th day of September 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. . Grand Opera House - Downtown Rehab Loan: City Manager recommending approval of a request from the Grand Opera House Foundation for a Downtown Rehabilitation Loan in the amount of $73,000 to complete renovation of the front fa9ade of the Grand Opera House, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. . RESOLUTION NO. 399-01 A RESOLUTION AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN TO THE GRAND OPERA HOUSE FOUNDATION. 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 loan application from the Grand. Opera House Foundation 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 Grand Opera House Foundation'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 Grand Opera House Foundation 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 Commitment Letter imd to fOlWard said letter to the Grand Opera House Foundation 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 17'" day of September, 2001. Terrance M. Duggan. Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Cottingham and Butler - CEBA Agreement Approval: City Manager recommending execution of a CEBA Loan Agreement of $120,000 to support Cottingham and Butler's renovation project of the Town Clock Building. presented and read. Buoi moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 400-01 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT LOAN AGREEMENT FOR ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000) WITH COTTINGHAM AND BUTLER INSURANCE SERVICE, INC. 308 Regular Session, September 17, 2001 Whereas, the Community Economic Betterment Account (CEBA) program has been created by the Iowa Department of Economic Development to assist in the economic development efforts of iocal jurisdictions; and Whereas, on April 19, 2001, the City of Dubuque, iowa was awarded a one hundred twenty thousand dollar ($120,000) loan from the CEBA program by the Iowa Department of Economic Development; and Whereas, the City of Dubuque, Iowa desires to assist Cottingham and Butler Insurance Service, Inc. in its efforts to expand its operations in downtown Dubuque and create new, permanent employment opportunities for local citizens; and Whereas, a CEBA Loan Agreement, hereto attached and by this reference made a part hereof, is to be executed between the Iowa Department of Economic Deveiopment, Cottingham. and Butier Insurance Service, Inc. and the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and Corporation Counsel be and they are hereby authorized and directed to endorse, on behalf of the City Council of the City of Dubuque, iowa, the attached CEBA Loan Agreement. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds to Cottingham and Butler Insurance Service, Inc. from the CEBA program in accordance with the terms and conditions of the executed Agreement. Passed, approved and adopted this 17th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Assumption and Subordination of Mortgage Obligation - Bakey Property: City Manager recommending approval of an Assumption Agreement and a Mortgage. Subordination Agreement for the purchase of the Bakey property at 231 West 2'" Street, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 401-01 RESOLUTION AUTHORIZING AN ASSUMPTION AGREEMENT AND A MORTGAGE SUBORDINATION AGREEMENT IN REGARD TD A MORTGAGE INTEREST IN THE EASTERLY 40 FEET OF LOT 85 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. Whereas, the City of Dubuque, Iowa holds a Mortgage on property iegally described as follows: The Easterly 40 feet of Lot 85 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City provided a Downtown Rehabilitation Loan to Frederick R. Bakey and Patricia E. Bakey on November 20, 1995 for the renovation of said property located at 231 W. 2'" Street; and Whereas, Frederick R. and Patricia E. Bakey are proposing to sell said property to Denis Gioietti and Richard L. Hatton; and Whereas, Frederick R. and Patricia E. Bakey have asked the City to transfer their liability for the mortgage and promissory note associated with said property to Denis Gioletti and Richard L. Hatton; and Whereas, the Assumption Agreement, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of the ag reement; and Whereas, Dubuque Bank & Trust Company requests the City subordinate its interest in said property by executing a Mortgage Subordination Agreement for a Real Estate Mortgage filed November 22, 1995, as instrument No. 12265- 1995, and; Whereas, the Mortgage Subordination Agreement, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Assumption Agreement attached hereto is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute said Assumption Agreement on behaif of the City of Dubuque, Iowa. Section 2. That the Mortgage Subordination Agreement attached hereto is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute said Mortgage Subordination Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 17'" day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Preservation Services Grant Application for Design Guidelines: City Manager recommending approval of an application to the State Historic Preservation Office for a $5,000 Preservation Services Grant to develop, print, and distribute a historic design guidelines manual, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Regular Session, September 17, 2001 309 . RESOLUTION NO. 402-01 RESOLUTION AUTHORIZING APPLICATION FOR A PRESERVATION SERVICES GRANT Whereas, the City Council has budgeted funds for the development of a historic design guidelines manual for the city's historic districts; and Whereas, the National Trust Preservation provides grants Preservation Services Fund preservation projects, such as this. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the City Council does hereby authorize the application for a Preservation Services Grant application for development of a historic district design guidelines manual. Section 2. That the Planning Services Manager is hereby authorized to act as the City's representative for this project. Passed, approved and adopted this 17th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. for Historic from the for local . Certified Local Government Grant Contract for Historic Design Guidelines: City Manager recommending approval of a contract with the State Historical Society of Iowa for a $10,000 grant for historic design review training, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Train Depot - IDOT Agreement: City Manager recommending approval of a Supplemental Agreement with the Iowa Department of Transportation (IDOT) for the Buriington Northern Railroad Depot Restoration Project, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. 2000 PC Paving Project - College, Douglas, Parkway, and Langworthy Streets - Acceptance: City Manager recommending acceptance of the 2000 PC Paving Project in the finai contract amount of $1,039,554.82 and establishing the preliminary scheduie of final assessments, presented and read. Buoi moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. . RESOLUTION NO. 403-01 ACCEPTING IMPROVEMENT Whereas, the contract for the 2000 P.C. Concrete Paving Project - No. 1 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Street Construction Fund, the Road Use Tax Fund, and the 1% Local Option Saies Tax Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 17'" day of September, 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. 404-01 FINAL ESTIMATE Whereas, the contract for the 2000 P.C. Concrete Paving Project - No. 1 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $1,143,510.30. Section 2. That $146,498.35 of the cost thereof shall be assessable upon private property and $651,021.33 shail be paid from the Street Construction Fund. Passed, approved and adopted this 17'" day of September, 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. 405-01 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2000 P.C. CONCRETE PAVING PROJECT - NO.1 INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO 310 Regular Session, September 17, 2001 CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the 2000 P.C. Concrete Paving Project - NO.1 under contract with Horsfield Construction, Inc. of Epworth, Iowa, which final plat and schedule were filed in the office of the City Clerk on the September 14, 2001, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sumS indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose properly is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filin9 of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payabie in 10 annual installments and will draw annual interest at 9 percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Properly owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 17'h day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carned 7-0. Manson Road - Acceptance of Warranty Deeds: City Manager recommending acceptance of warranty deeds for right-of-way purchases on Manson Road, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 406-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY-A PART OF LOT 1-1-1-1-1-1-1-1-1 OF MINERAL LOT 499 IN THE CITY OF DUBUQUE, IOWA-ON MANSON ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition A9reement with Richard C. and Mildred L. Henschel and Mark W. Henschel, pursuant to which Richard C. and Mildred L. Henschel and Mark W. Henschel agreed to convey a part of Lot 1-1-1-1-1-1-1-1-1 of Mineral Lot 499 in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Richard C. and Mildred L. Henschel and Mark W. Henschel, have executed a conveyance of said properly. 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 Richard C. and Mildred L. Henschel and Mark W. Henschel, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authonzed and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 17th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carned 7-0. RESOLUTION NO. 407-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY--A PART OF LOT 2-2-4 OF MINERAL LOT 501 IN THE CITY OF DUBUQUE, IOWA--ON MANSON ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Thomas L. and Sheri A. Henschel, pursuant to which Thomas L. and Sheri A. Henschel agreed to convey a part of Lot 2-2-4 of Mineral Lot 501 in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Regular Session, September 17, 2001 311 . Whereas, Thomas L. and Sheri A. Henschel, 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 Thomas L. and Sheri A. Henschel, copies of which are attached hereto. as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 17th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buoi moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. . RESOLUTION NO. 408-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY-A PART OF LOT 1-1-2-4 OF MINERAL LOT 501 IN THE CITY OF DUBUQUE, IOWA-ON MANSON ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Mark D. and Amy L. Lattner, pursuant to which Mark D. and Amy L. Lattner agreed to convey a part of Lot 1-1-2-4 of Mineral Lot 501 in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Mark D. and Amy L. Lattner, 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 Mark D. and Amy L. Lattner. 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 acknowiedge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 17th day of September, 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. 409-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY-A PART OF LOT 1-2-1-2-4 OF MINERAL lOT 501 IN THE CITY OF DUBUQUE, IOWA-ON MANSON ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Mark D. and Amy L. Lattner, pursuant to which Mark D. and Amy L. Lattner agreed to convey a part of Lot 1-2-1-2-4 of Mineral Lot 501 in the City of Dubuque. Iowa, as shown on the Acquisition Plat thereof; and Whereas, Mark D. and Amy L. Lattner, have executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED SY 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 Mark D. and Amy L. Lattner, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and aCknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 17th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Suol moved adoption of the Resolution. Seconded by Markham. Motion carried 7 -0. Fiscal Year 2001 Street Finance Report: City Manager recommending approval of the City of Dubuque's Fiscal Year 2001 Street Finance Report and authorize the filing of the report with the Iowa Department of Transportation, presented and read. Suo I moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 410-01 RESOLUTION APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2001 STREET FINANCE REPORT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Street Finance Report for the period July 1, 2000, to June 30, 2001, be and the same is hereby approved and that the City Clerk is hereby authorized and directed to file said report with the Iowa Department of Transportation. Passed, approved and adopted this 17'h day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resoiution. Seconded by Markham. Motion carried 7-0. Civil Penalties - Tobacco Permit Holders: City Manager recommending that a hearing be set for October 1, 2001 to assess civil penalties against five establishments for underage sale of tobacco, presented and read. Suol moved that 312 Regular Session, September 17,2001 the communication be received and filed and set hearing for 10/1/01 at a meeting to commence at 6:30 P.M. in the public library auditorium. Seconded by Robbins. Motion carried 7-0. Unit Based Pricing Program: City Manager providing information on planning and implementation of the Unit Based Pricing Program for solid waste collection, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Water Pollution Control Plant Evaluation Inspection: Communication from the Iowa Department of Natural Resources submitting the inspection report compieted for the Water Pollution Control Plant, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Platinum Hospitality: Communication from Jim Rix, Platinum Holdings, LLC, requesting permission to display fireworks on September 21, 2001 as part of their groundbreaking ceremony, presented and read. Buol moved that the communication be received and filed and approved request. Seconded by Markham. Motion carried 7-0. Dubuque County Land Use Development Plan: Communication from Jim Gonyier, East. Central Intergovernmental Association, regarding revision of the Dubuque County Land Use Development Plan and inviting the City Council to attend a Community Workshop on Tuesday, September 25, 2001, from 6:30 p.m. to 9:00 p.m. at the Carnegie Stout Library Auditorium, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Liquor License Refund: The Monday Co., dlbla Casey's General Store, requesting a refund of their Class C Beer Permit in the amount of $25.00, presented and read. Buoi moved that the communication be received and filed and refund approved. Seconded by Markham. Motion carried 7-0. Business Licenses: RESOLUTION NO. 411-01 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 "B" BEER PERMIT (Special 5-day Event) Dubuque Jaycees Dubuque Jaycees+ (Outdoor Sale) Cable Car Square CLASS "C" BEER PERMIT Wal-Mart Store, Inc. Wal-Mart Supercenter #2004+(Sunday Sale) 4200 Dodge St 5-Point Mart, Inc 5-Point Mart+ (Sunday Sale) 405 Rhomberg Ave Rainbo Oil Company Kwik Stop Food Mart+(Sunday Sale) 2360 Central Ave Mulgrew Oil Com Asbury Amoco Foodshop + (Sunday Sale) 3300 Asbury Rd Passed, approved and adopted this 17th day September, 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. 412-01 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 James/Janet Kohl Grand Tap + (Sunday Sale) 802 Centrai Ave Angela Mangeno Angie's Bar+ (Sunday Sale) 1401 Elm St Grandma's Pantry West Inc. Attitudes Pub & Grill+(Sunday Sale) 2660 Dodge St One Flight Up Inc. One Flight Up + (Sunday Sale) 44-48 Main St Main Street Caboose,. Inc. Main Street Caboose+(Sunday Sale) 253 Main St Aramark Educations Service Loras College Alumni Center(Outdoor Sale) 1450 Alta Vista (5-Day Special) SPECIAL CLASS "C" LIQUOR Ray Sanders Sugar Ray's Barbeque 951 Main St Aramark Educations Service Lams College Campus Field House 1450 Alta Vista Regular Session, September 17, 2001 313 . (5-DA Y LICENSE) CLASS "B" WINE Wal-Mart Stores, Inc Wal-Mart Supercenter # 2004 4200 Dodge St Passed, approved and adopted this day 17~ of September, 2001. Terrance M. Duggan, Mayor Altest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. BOARDSICOMMISSIONS . Appointments to the following Boards Commissions: Plumbing Board (Three unexpired terms). Applicant: Harlan Willenborg (Master Plumber). Michalski moved that Harlan Willenborg be appointed to the unexpired three year Master Plumber position on the Plumbing Board which will expire 11/2/02, Seconded by Nicholson, Motion carried 7-0, Zoning Advisory Commission (One vacancy to expire 7/1103). Applicants: Ferd Nesler and Ben Roush, Vote on the appointment was as follows: Michalski voted for Roush. Nicholson voted for Nesler. Robbins voted for Roush. Buol voted for Rousch. Cline voted for Roush. Duggan voted for Nesler. Markham voted for Roush. Therefore, Ben Roush appointed to the unexpired term which will expire 7/1103. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to speak. Seconded by Nicholson. Motion carried 7-0, . Kebbie Drive - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located along the east and west sides of Kebbie Drive from R-l Single- Family Residential District to R-3 Moderate Density Multi-Family Residential District and Zoning Advisory Commission recommending denial of the request, and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ord"nances by reclassifying hereinafter described properly located along the east and west sides of Kebbie Drive from R-1 Single-Family Residential District to R-3 Moderate Density Multi-Family Residential District, presented and read. Roger Klauer, 381 Moore Heights, spoke in support of this proposed rezoning. Steve Krieg spoke of concerns with larger structures and increased traffic, Neil Ransford, 1584 Bies Dr., spoke of concerns with increased traffic, Buol moved that this matter be tabled and referred back to the Zoning Advisory Commission, Seconded by Markham, Motion carried 7-0. Roger Klauer - Request to Rezone Along Kebbie Drive: Proof of publication on notice of hearing to consider rezoning properly located along the east and west sides of Kebble Drive from R-l Single-Family Residential District and R-4 Multi-Farnily Residential District to C-3 General Commercial District and Zoning Advisory Commission recommending approval of the request, presented and read. Buoi moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0, Roger Klauer spoke in support of this requested rezoning. Steve Krieg spoke of concerns with traffic on Bies Dr. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described properly located along the east and west sides of Kebbie Drive from R-4 Multi- Family Residential District and R-l Single- Family Residential District to C-3 General Commercial District, with conditions, presented and read, OFFICIAL PUBLICATION ORDINANCE NO. 56-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY lOCATED ALONG KEBBIE DRIVE FROM R-4 MULTI-FAMILY RESIDENTIAL DISTRICT AND R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO C.3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: Section 1, Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property as shown in Exhibit A, and to the center line of the adjoining public rights-of- way, all in the City of Dubuque, Iowa, from R-4 Multi-Family Residential District and R-l Single- Family Residential District to C-3 General Commerciai District, with conditions described in the Memorandum of Agreement. 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 immediateiy upon publication, as provided by law. Passed, approved and adopted this 17th day of September, 2001 . Terrance M. Duggan, Mayor Altest: Jeanne F. Schneider, City Clerk 314 Regular Session, September 17, 2001 ACCEPTANCE OF ORDINANCE NO. 56-01 I, Roger G. Klauer, joint property owner, having read the terms and conditions of the Ordinance No. 56-01 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 18th day of October, 2001 By: Isl Roger G. Klauer ACCEPTANCE OF ORDINANCE NO. 56-01 I, Pamela A Triolo, joint property owner, having read the terms and conditions of the Ordinance No. 56-01 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 1Bth day of October, 2001. By: Isl Pameia A. Triolo ACCEPTANCE OF ORDINANCE NO. 56-01 I, Kathleen M. Sullivan, joint property owner, having read the terms and conditions of the Ordinance No. 56-01 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 19th day of October, 2001. By Isl Kathleen M. Sullivan Published officially in the Teiegraph Herald newspaper this 27th day of October, 2001. Jeanne F. Schneider, City Clerk 1t 10/27 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Mediacom Cable Franchise Extension: Proof of publication on notice of public hearing and City Manager recommending that the City extend the Mediacom Cable Franchise lease to June 30, 2002, presented and read. Buol moved that the proof be received and filed. Seconded by Michalski. Motion carried 7-0. An Ordinance Extending the term of the existing Cable Franchise Agreement and Hub Site Lease of MCClowa, L.L.C. to June 30, 2002, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 57-01 AN ORDINANCE EXTENDING THE TERM OF THE EXISTING CABLE FRANCHISE AGREEMENT AND HUB SITE LEASE OF MCCIOWA, L.L.C. TO JUNE 30, 2002 Whereas, MCClowa, LLC. (Mediacom) is the current holder of a cable services franchise, embodied in Ordinance No. 42-81, as modified by a series of waivers and side agreements, and acquired from TCI of Iowa, Inc. via a transfer approved by the Dubuque City Council on June 1B, 2001: and Whereas, one of the side agreements is a lease to Mediacom to build and maintain a network hub on City-owned property located at 1585 West Third Street in Dubuque: and Whereas, the terms of the franchise and of the lease will expire September 30, 2001: and Whereas, representatives of the City of Dubuque and of Mediacom have entered into good faith negotiation of terms and conditions for the renewal of the franchise and the lease, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The term of the cable services franchise and the term of the lease are hereby extended to June 30, 2002, with all the rights, privileges and responsibilities appertaining thereunto: and Section 2. The City Manager is hereby authorized to sign and administer the extension agreement on behalf of the City of Dubuque. Passed, approved and adopted this 17th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officiaily in the Telegraph Herald newspaper this 20th day of September, 2001. Jeanne F. Schneider, City Clerk 1t 9/20 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 Michalski. Motion carried 7-0. Arbor Oaks Easement - Request to Vacate; Proof of publication on notice of public hearing and City Manager recommending approval of a request to vacate a portion of Arbor Oaks, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 413-01 RESOLUTION DISPOSING OF INTEREST AND VACATE 5 FEET OF A 10-FOOT WIDE UTILITY EASEMENT OVER BLOCK 23 BLOCK 9 ARBOR OAKS IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, 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 7'h day of September, 2001, the City Council of the City of Dubuque, Iowa met on the 17'h day of September, 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: Regular Session, September 17, 2001 315 . The easterly 5 feet of a 10-foot wide utility easement along the westerly line of Lot 23 Block 9 of Arbor Oaks in the City of Dubuque, Iowa, as shown on the attached Exhibit A. Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa, in real property described as the easterly 5 feet of a 10-foot wide utility easement along the westerly line of Lot 23, Block 9 in Arbor OaKs in the City of Dubuque, Iowa, be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be authorized and directed to execute a Release of Easement, and the City ClerK be and is hereby authorized and directed to deliver said Release to James and Patricia Peters upon receipt of the above fees. Section 3. 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 1 ih day of September, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. . Lease with Iowa State Conservation Commission; Proof of publication on notice of public hearing and City Manager recommending amending the lease for the E.B. Lyons Prairie- Woodland Preserve and Nature Interpretive Center with the Iowa State Conservation Commission to include a section of the Rip Row Valley property, presented and read. Robbins moved that the proof and communication be received and fried. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 414-01 RESOLUTION APPROVING AN AMENDMENT TO THE LEASE AGREEMENT WITH THE IOWA STATE CONSERVATION COMMISSION Whereas, publiShed notice of date, time, and place of a public hearing, published in the Telegraph Herald, a newspaper of general circulation publiShed in the City of Dubuque, Iowa, on the 7'" day of September, 2001, the City Council of the City of Dubuque, Iowa, met on the 17th day of September, 2001, at 6:30 p.m., in the Public Library Auditorium, Eleventh and Locust Streets, Dubuque, Iowa, to consider the first amendment to the Lease Agreement between the City of Dubuque and the iowa State Conservation Commission, a copy of which is attached hereto and incorporated herein by reference: and Whereas, the City Council Dubuque, Iowa, overruled objections, oral or written, ag reement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The amendment to the Lease Agreement between the City of DUbuque and Iowa State Conservation Commission, a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is authorized and directed to execute the Lease Agreement on behatt of the City of Dubuque. Passed, approved and adopted this 1th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. of the City of any and all to the lease Iowa National Guard Training at Roosevelt Park: Proof of publication on notice of hearing and City Manager recommending approval of a usage agreement with the Iowa National Guard allowing them to do training at the former Roosevelt Park, presented and read. Robbins moved that the proof and communication be received and fried. Seconded by Nichoison. Motion carried 7-0. RESOLUTtON NO. 415-01 RESOLUTION APPROVING A USAGE AGREEMENT WITH THE IOWA NATIONAL GUARD FOR THE FORMER ROOSEVELT PARK Whereas, published notice of date, time, and place of a public hearing, published in the Telegraph Herald, a newspaper of general circulation publiShed in the City of Dubuque, Iowa, on the th day of September, 2001, the City Council of the City of Dubuque, Iowa, met on the 17th day of September, 2001, at 6:30 p.m., in the Public Library auditorium, Eleventh and Locust Streets, Dubuque, Iowa, to consider the lease of certain real property as set forth in the Usage Agreement between the City of Dubuque and the Iowa National Guard, a copy of which is attached hereto and incorporated herein by reference; and Whereas, the City Council Dubuque, Iowa, overruled objections, oral or written, agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: of the City of any and all to the lease 316 Regular Session, September 17, 2001 Section 1. The Usage Agreement between the City of Dubuque and the Iowa National Guard, a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is authorized and directed to execute the Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 17th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Local Law Enforcement Block Grant Award; Proof of publication on notice of public hearing and City Manager recommending finai acceptance of the 2001 Local Law Enforcement Block Grant Award, presented and read. Robbins moved that the proof and communication be received and fiied and concurred with the recommendation. Seconded by Michalski. Motion carried 7-0. Buol moved that the rules be reinstated limiting discussion to the Council. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Standard Encroachment Policy: City Manager recommending approval of a standard encroachment policy which would grant the City Manager authority to issue permits for encroachments into the public right-of-way, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by adopting a new Section 5, including new Sections 41-160 through 41-169, Authorizing the City Manager to Issue Permits for Right-of-Way Encroachments, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 58-01 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADOPTING A NEW SECTION 5, INCLUDING NEW SECTIONS 4-160 THROUGH 41-169, AUTHORIZING THE CITY MANAGER TO ISSUE PERMITS FOR RIGHT- OF-WAY ENCROACHMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: DIVISION 5. OTHER ENCROACHMENTS Sec. 41-160. Oefrnition: Public Place, Or Places: Public grounds, streets, sidewalks, alleys, bridges, culverts, overpasses, underpasses, grade crossing separations and approaches, public ways, squares and commons. Sec. 41-161. Permit Required: No person, firm or corporation shall place and/or maintain any encroachment not otherwise provided for in this Article in a public place without frrst obtaining a permit therefor from the City Manager and compiying with all applicable local, state and federal regulations, providing acceptabie proof of. liability insurance and paying the permit fee, all as provided in this division. Sec. 41-162. Application For Permit: Any application for a permit under this Article shall be fried with the City Manager on a form provided by the City Manager. Sec. 41-163. Permit Fees; . The applicant shall pay the permit fee to the city for an encroachment at the time of the filing of an application. Sec. 41-164. Compliance With Historic Preservation Ordinance: The City Manager shall not issue a permit for any encroachment which does not comply with the regulations set forth in chapter 25 of this code. Sec. 41-165. Maintenance: The permit holder for any encroachment for which a permit is issued shall: (1) Maintain the encroachment in a good state of repair; and (2) Construct the encroachment of such materials as to meet all local, state and federal regulations. Sec. 41-166. Hold Harmless: The permit holder shall enter into a hold harmless agreement with the city of Dubuque for any encroachment prior to issuance of the permit, which shall require that the permit holder pay on behaif of the city all sums which the city shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from the placement or maintenance of an encroachment, whether sustained by any person or persons, caused by accident or otherwise, and shall defend at its own expense and on behalf of the city any claim against the city arising out of the placement or maintenance of the encroachment. Sec. 41-167. Insurance: (a) Prior to the issuance of a permit for an encroachment, proof of insurance shall be furnished to the City Manager by the permit applicant. (b) Coverage shall include such comprehensive public liability and property damage insurance written by an insurer licensed to do business in the state of Iowa as shall protect the city during the life of the encroachment from claims or damages, personal injury, including accidental death, as Regular Session, September 17, 2001 . weil as claims for property damages, which may arise from the existence of the encroachment in such a manner as to impose liability on the city, and the amounts of such insurance shail be as required by the City Manager. (c) Such insurance shail name the city as an additional insured. (d) The permit holder shail also maintain on file with the City Manager a certificate evidencing that the insurer will give the City Manager thirty (30) days' written notice prior to termination or canceilation of the required insurance. (e) Upon notice of canceilation or termination of insurance, or expiration of proof of insurance, the City Manager shall notify the permit hoider by certified mail, that the encroachment is in vioiation of this division and shall be removed by the date stated in the notice. Sec. 41-168. Covenant of Permit Holder: The permit holder shall agree in writing prior to the issuance of a permit to the following: (1) The permit holder, by acceptance of a permit, covenants and agrees that the revocable permit granted does not constitute approval of the design, construction, repair or maintenance of any encroachment. (2) The permit holder, by acceptance of a permit, covenants and agrees not to assert a claim or defense against the city in the event of claim asserted for death, personal injuries andlor property damage against the permit holder arising out of or in any way connected with the design, construction, repair or maintenance of the encroachment for which a permit is issued. Sec. 41-169. Revocation: (a) A permit granted under this division shall be revocable upon ten (10) days' written notice by the City Manager to the permit holder at the convenience of the city. A permit also may be revoked or not renewed for failure to comply with the requirements of this division or any other appiicable legal requirements, or for fraud, deceit, or misrepresentation in connection with an application for a permit. (b) in the event of such revocation, the City Manager shall notify the permit holder in writing of such revocation or refusal of renewal, speCifying the reasons therein for such refusal. The permit holder or permit holder's successor in interest may petition the city council for a hearing on such refusal within thirty (30) days of receipt of the City Manager's letter. (c) The permit holder, within thirty (30) days of receipt of a written notice from the City Manager to remove the encroachment, shall at the penn it holder's expense remove such encroachment. In the event of the permit holder's failure to do so, the city of Dubuque shall remove the encroachment at the permit halder's expense and dispose of the same. The permit holder shaH agree in writing prior to the issuance of a . . 317 permit to make no claim against the city or its agents for damages resuiting from the removal of the encroachment. (d) Nothing in this section shall preClude the City Manager from giving Immediate notice to a permit holder to remove an encroachment in the event such encroachment has been damaged or has been moved or otherwise placed to cause an immediate threat to public safety. In the event the encroachment is not removed within seven (7) days of such notification, the City Manager shall remove such encroachment as provided in subsection (c) of this section. Passed, approved and adopted this 17'" day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 20" day of September, 2001. Jeanne F. Schneider, City Clerk 1t 9/20 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 Nicholson. Motion carried 7-0. Human Rights Commission - Utilization of HUD Funds: City Manager recommending that the City apply for HUD Partnership Initiative funds in four different categories; (1) $11,000 for testing: (2) $5,000 for novel and complex cases; (3) $5,000 for outreach and education: and (4) $20,000 for enforcement projects, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Rebuild Iowa Program: Communication from the Environmental Stewardship Advisory Commission requesting City Council approval to prepare an application for submission to the Iowa Department of Natural Resources for the "Rebuild Iowa" Program, presented and read. Cline moved that the communication be received and filed recommendation approved. Seconded by Nichoison. Carried by the following vote: Yeas-Michalski, Nicholson, Robbins, Buol, Cline, Duggan. Nays-None. Abstaln- Markham. Stormwater Management Pian: Communi- cation from the Environmental Stewardship Advisory Commission requesting that the Commission be involved in the discussions and planning for the City's Storm Water Management Plan, presented and read. Ciine moved that the communication be received and 318 Regular Session, September 17, 2001 filed and request approved. Seconded by Buol. Motion carried 7-0. COUNCIL MEMBER REPORTS Markham stated the City responded exceptionally well to last week's events, especially at the Airport. ITEMS TO BE SET FOR PUBLIC HEARING 1133 White Street - Request to Dispose: City Manager recommending that a public hearing be set for October 1, 2001 to consider disposing of City-owned property at 1133 White Street to Jack and Steven Stackis, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 416-01 RESOLUTION OF INTENTION TO DISPOSE OF CITY-OWNED PROPERTY, SPECIFf- CALLY, SOUTH ONE-HALF (S1/2) OF THE MIDDLE ONE-FIFTH (M1/5) OF OUT LOT 479 IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE UNITED STATES COMMISSIONERS MAP; OTHERWISE KNOWN AS 1133 WHITE STREET WHEREAS, the City of Dubuque purchased certain real estate from Madonna Lucas, due to its abandoned and dereiict condition; and WHEREAS, bids have been received from members of the general pubiic in response to a solicitation to purchase. 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 its interest in the following legally-described property: South One-ha~ (S1/2) of the Middle One-fifth (M1/5) of Out Lot 479 in the City of Dubuque, County of Dubuque, Iowa, according to the United States Commissioners Map. Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above described real estate to Jack and Steven Stackis for the sum of Five Thousand, One Hundred, Sixty-Five dollars ($5,165.00). Section 3. That the City Council meet in the Carnegie Stout Public Library Auditorium, 11'h and Bluff Streets, Dubuque, Iowa, at 6:30 p.m. on October 1, 2001 for the purpose of holding a pubiic hearing and taking final action on the disposition of the above described real estate in the City of Dubuque, Iowa. Section 4. That the City Clerk be and she is hereby authorized and directed to cause a notice of such public hearing and the City Council's intent to dispose of such property to be published as prescribed under Iowa Code Section 364.7. Passed, approved and adopted this 17th day of September 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michaiski moved adoption of the Resolution and further set this for Public Hearing on 10/1/01 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 Nicholson. Motion carried 7-0. 2001 Harbor Maintenance Dredging Project: City Manager recommending initiation of the bidding process for the 2001 Harbor Maintenance Dredging Project and setting a publiC hearing for October 15, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 417-01 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 2001 Harbor Maintenance Dredging Project, in the estimated amount of $128,685, are hereby approved and ordered filed In the office of the City Clerk for public inspection. Passed, approved and adopted this 17'h day of September, 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. 418-01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATtONS Whereas, the City Council of the City of Dubuque, iowa has given its preliminary approval on the proposed pians, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the 2001 Harbor Maintenance Dredging Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 15'h day of October, 2001, a public hearing will be held at 6:30 p.m. in the Pubic 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 Regular Session, September 17, 2001 319 . 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 17th day of September, 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. 419-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 2001 Harbor Maintenance Dredging 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 4'h day of October, 2001. Bids shall be opened and read by the City Cierk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 15'h day of October, 2001. Passed, approved and adopted this 17'h day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Manson Road Bridge Project - Initiate: City Manager recommending initiation of the bidding process for the construction of the Manson Road Bridge and setting a pUblic hearing for October 15, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 420-01 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 Manson Road Bridge Reconstruction Project, in the estimated amount of $1,132,363, are hereby approved and ordered fiied in the office of the City Cierk for public inspection. Passed, approved and adopted this 17th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City CierI< Michaiski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 421-01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Councii 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 Manson Road Bridge Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 15th day of October, 2001, a public hearing wili be held at 6:30 p.m. in the Pubic 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 generai 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 nearing, any interested person may appear and fiie objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 17th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Kebbie Drive - Request to Vacate: City Manager recommending that a public hearing be set for October 1, 2001 to consider a request from Roger Klauer to vacate a portion of Kebbie Drive, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. 320 Regular Session, September 17, 2001 RESOLUTION NO. 422-01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 4A OF BLOCK 3 C.J. BIES SUBDIVISION AND LOT SA OF BLOCK 3 C.J. BIES SUBDIVISION, DUBUQUE, IOWA Whereas, Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan have requested the vacating of a portion of Kebbie Drive south of Daniels Street. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kebbie Drive south of Daniels Street and assigned lot numbers thereto, which hereinafter shall be known and described as lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kebbie Drive south of Daniels Street is no longer required for public use, except for utility easements as noted on said piat, and vacating and sale of said portions of alleys and streets known as Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C. J. Bies 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 Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Iowa. Section 2. That the conveyance of lot 4A of Block 3 C.J. Bles Subdivision in the City of Dubuque to Julie A. and Rick J. Hardorff be contingent upon the payment of $664.00. Section 3. That the conveyance of Lot 5A of Biock 3 C.J. Bies Subdivision in the City of Dubuque to Pameia A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan be contingent upon the payment of $18,553.00, plus platting, publication, and filing fees. Section 4. 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, as shown on the plat of Survey of lot 4A and lot 5A of Block 3 C.J. Bies Subdivision. Section 5. 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 17'h day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and set this for public hearing at a meeting on 10/1/01 to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. An Ordinance Vacating a portion of Kebbie Drive south of Daniels Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 59-01 ORDINANCE VACATING A PORTION OF KEBBIE DRIVE SOUTH OF DANIELS STREET Whereas, Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan have requested the vacating of a portion of Kebbie Drive south of Daniels Street; and Whereas; IIW Engineers & Surveyors, P .C. has prepared and submitted to the City Council a piat showing the vacated portion of Kebbie Drive south of Daniels Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 4A and Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that portion of Kebbie Drive south of Daniels Street is no longer required for public use, except for utility easements as noted, and vacating of said portion of Kebbie Drive south of Daniels Street known as Lot 4A on said plat and Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. "Bies Subdivision 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, as shown on the plat of survey of Lot 4A and 5A of Block 3 C.J. Bies Subdivision. Passed, approved and adopted this 17'h day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 20~ day of September, 2001. . Jeanne F. Schneider, City Clerk Regular Session, September 17, 2001 321 11 9/20 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 finai consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 423-01 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF KEBSIE DRIVE SOUTH OF DANIELS STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 5, 2001, prepared by IIW Engineers & Surveyors, P.C., describing proposed vacated portion of Kebbie Drive south of Daniels 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 September 5, 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. The City of Dubuque reserves unto itself a penpetual 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, as shown on said pial. Section 3. That the City Cierk 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 17'" day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. There being no further business, Buol moved to adjourn. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 8:11 P.M. /sl Jeanne F. Schneider City Cierk 1\ 9127 . 2001 Council Members '/{/