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1997 December Council ProceedingsRegular Session, December 1, 1997 DUBUQUE CITY COUNCIL DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 1, 1997. Council Met at 7:00 p.m., Public Library Auditorium. Present: Mayor Duggan, Council Members Michalski, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent: Council Members Buol, Krieg, Nicholson. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Sr. Mary Lee Cox, OSF, Chaplain at the Law Enforcement Center. PROCLAMATIONS - Dec. 1 as "World AIDS Day" received by students Joe Blocker and Summer Stuter. NOTICES OF CLAIMS/SUITS -Ken-Mo Fanns, Inc., in amount of $322.00 for property damages; Rebecca S. and Steven P. Lange vs. City in unknown amount for personal injuries; Curtis J. Marks, in amount of $1140.00 for property damages; Mike Schmalz in amount of $2,640.25 for boat damages, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Robbins. Motion carried 4-0. Corporation Counsel advising that the following claims have been referred to the Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Grace Clement Buelah Kieffer; Shawn McCullough by Martin Diaz, Esq.; Mary McCullough by Martin Diaz, Esq.; George & Marie Moeller; Evelyn Mullen by Alfred E. Hughes, Esq.; Eric Welu. presented and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. William Hendricks, Jr., requesting to purchase the alley between 8th & 9th Streets between Central Ave. & White St., presented and read. Council Member Voetberg moved that the matter be referred to the City Manager. Seconded by Council Member Robbins. Motion carried 4-0. Iowa Finance Authority notifying City that an Affordable Housing Tax Credit application has been submitted for the following projects: Stout Place Apartments (Iowa Inn) and Alpine Heights Senior Apartments, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. MINUTES SUBMITTED - Cable Teleprogramming Commission of 11-18; Cable Regulatory Commission of 11-12; Community Development Commission of 10- 16; Electrical Code Board of 11-14; Five Flags Commission of 11-17; Historic Preservation Commission of 10-20 & 10-23; Housing Code Appeals Board of 10-21; Housing Commission Trust Fund Committee of 11-6; Human Rights Comm. of 10-13; Mechanical Bd. of 11-18; Park & Recreation Commission of 11-12; Zoning Advisory Commission of 11-5; Zoning Board of Adjustment of 11-12, presented and read. Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. Printed Council Proceedings for Month of August, 1997, presented for approval. Council Member Voetberg moved that the proceedings be approved as printed. Seconded by Council Member Robbins. Motion carried 4-0. City Manager recommending support of Application for Affordable Housing Tax Credit Program for the Iowa Inn renovation (Stout Place Apartments), presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. RESOLUTION NO. 487-97 RESOLUTION AUTHORIZING THE CITY COUNCIL TO ENDORSE THE IOWA HOUSING CORPORATION'S APPLICATION FOR FEDERAL ASSISTANCE FOR RENOVATION OF THE IOWA INN Whereas, the federal government, through Section 42 of the Internal Revenue Code, offers incentives for construction of affordable rental housing which is made available to low- and moderate-income households; and Whereas, the Iowa Housing Corporation has submitted an application for Affordable Regular Session, December 1, 1997 Housing Tax Credits in connection with a proposed project to construct 32 rental units, located at the Iowa Inn; Whereas, the City Council has established the renovation of the Iowa Inn property as a first priority in the interest of revitalization of the downtown neighborhood; and Whereas, the Council has approved a package of financial assistance totaling $725,000 for this project; and Whereas the Council has amended the downtown urban renewal district to include the Iowa Inn property, in order to establish the project's eligibility for assistance from proceeds of tax increment district revenues; and Whereas, indication of City support for the requested federal assistance is favorable to the Iowa Finance Authority's consideration of the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. The City of Dubuque endorses and supports the Iowa Housing Corporation's application for tax credits to the Iowa Finance Authority, for the intended project. Section 2. The City Manager is hereby authorized and directed to forward this resolution to the Finance Authority. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 4-0. City Manager recommending support for the Application for Affordable Housing Tax Credit Program Application for Renaissance Development for Rental Housing Development on Carter Road, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. RESOLUTION NO. 488-97 RESOLUTION AUTHORIZING THE CITY COUNCIL TO ENDORSE RENAISSANCE DEVELOPMENT'S APPLICATION FOR FEDERAL ASSISTANCE FOR A RENTAL HOUSING DEVELOPMENT ON CARTER ROAD Whereas, the federal government, through Section 42 of the Internal Revenue Code, offers incentives for construction of affordable rental housing which is made available to low- and moderate-income households; and Whereas, Renaissance Development has submitted an application for low income housing tax credits in connection with a proposed project to construct 42 rental units, located at 2600 Carter Road in the City of Dubuque; and Whereas, indication of City support for the requested federal assistance is favorable to the Iowa Finance Authority's consideration of the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. The City of Dubuque endorses and supports Renaissance Development's application for tax credits to the Iowa Finance Authority, for the intended project located at Carter Road. Section 2. The City Manager is hereby authorized and directed to forward this resolution to the Finance Authority. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of Resolution. Seconded by Council Member Robbins. Motion carried 4-0. STATE OF IOWA ABSTRACT OF VOTES DUBUQUE County, Iowa We, the undersigned Members of the Board of Supervisors, and ex-officio Board of Canvassers, for Dubuque County, hereby certify the following to be a true and correct abstract of votes cast in this county at the Dubuque City Election held on the 4th day of November, 1997, as shown by the tally lists returned from the several election precincts. Forthe offce of Mayor of Dubuque (One to be elected) there were Two thousand two hundred seventy-two 2,272 votes cast, as follows: Terry Duggan received Two thousand two hundred-two.........2,222 votes Scattering received Fifty.......60 votes. We therefore declare Terry Duggan duly elected to the office of Mayor of Dubuque for the term of Four Years. For the office of Dubuque City Council - At Large (One to be elected) there were One Thousand nine hundred twenty-eight.... 1,928 votes cast, as follows: Dan Nicholson received One thousand eight hundred sixty-eight.....1,968 votes Scattering received Sixty... 60 votes. We therefore declare Dan Nicholson duly elected to the office of Dubuque City Council for the term of Four Years. For the Office of Dubuque City Council - Ward One (One to be elected) there were Nine hundred six.......906 votes cast, as follows: John Markham received Seven hundred thirty-six.....736 votes Allen Troupe received One hundred seventy....170 votes Scattering received Four......4 votes. We therefore declare John Markham duly elected to the office of Dubuque City Council - Ward One for the term of Four Years. For the Office of Dubuque City Council - Ward Three (One to be elected) there were Four hundred fifty-six....466 votes cast, as follows: Joe Robbins received Four hundred forty- seven....447 votes Scattering received Nine....9 Votes. We therefore declare Joe Robbins duly Regular Session, December 1, 1997 elected to the office of Dubuque City Council - Ward Three for the term of Four years. IN TESTIMONY WHEREOF, We have set our hands and caused this to be attested by the Clerk of the Board of Supervisors, with the seal of this County. Done at Dubuque, Iowa, the county seat of this County, this 10th day of November, 1997. /s/Allen Manternach Chairperson Jim Waller Donna L. Smith Members of the Board of Supervisors and ex-officio County Board of Canvassers. (Seal) Attest: Denise M. Dolan, County Auditor and Clerk of the Board of Supervisors. Council Member Voetberg moved that the Abstract of Votes be received and filed and made a matter of record. Seconded by Council Member Robbins. Motion carried 4-0. Zoning Advisory Commission advising of their approval of Survey Plat of property West of Kerper Blvd. and North of E. 16th St., presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. RESOLUTION NO. 489-97 A RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1 OF 2 AND LOT 2 2 OF FDL FIRST ADDITION, IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1 of 2 and lot 2 of 2 of FDL First Addition, in the City of Dubuque, Iowa; and Whereas, said plat provides 0 feet of frontage for Lot 1 of 2 and 0 feet of frontage for Lot 2 of 2, where 60 feet is required by Section 42-19(b) of the Subdivision Ordinance; and Whereas, said plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Ordinance is waived to allow Lot 1 of 2 and Lot 2 of 2 Addition to have 0 feet of frontage, where 60 feet of frontage is required. Section 2. That the Survey Plat of Lot 1 of 2 and Lot 2 of 2, FDL First Addition, in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Section 3. That in the event the owners shall fail to execute the acceptance within 180 days after the date of this resolution, the provisions hereof shall be null and void and the acceptance and approval of the plat shall not be effective. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor ATTEST: Karen M. Chesterman, Deputy City Clerk ACCEPTANCE OF RESOLUTION NO. 489-97 We, the undersigned, John P. Mihalakis and Richard L. Billmeyer, having read the terms and conditions of the Resolution No. 489-97 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 1997. NOT SIGNED AS OF FEBRUARY, 1998. By John P. Mihalakis By Richard L. Billmeyer Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 4-0. Zoning Advisory Commission advising of their approval of Survey Plat in FDL First Addition, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. RESOLUTION NO. 490-97 A RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1 OF 3 AND LOT 2 OF 3, FDL FIRST ADDITION, IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a plat of survey of Lot 1 of 3 and Lot 2 of 3, FDL First Addition, in the City of Dubuque, Iowa; and Whereas, said plat provides 0 feet of frontage for Lot 1 of 3, where 60 feet, is required, and 5,881 square feet of lot area, where 6,000 square feet is required by Section 42-19(b) at the Subdivision ordinance; and Whereas, said plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Ordinance is waived to allow Lot 1 of 3 of FDL First Addition to have 0 feet of frontage, where 60 feet of frontage is required, and 5,881 square feet of lot area, where 6,000 square feet is required. Section 2. That the Survey Plat of Lot 1 of 3 and Lot 2 of 3, FDL First Addition, in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Section 3. That in the event the owners shall fail to execute the acceptance within 180 days after the date of this resolution, the provisions hereof shall be null and void and Regular Session, December 1, 1997 the acceptance and approval of the plat shall not be effective. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor ATTEST: Karen M. Chesterman, Deputy City Clerk ACCEPTANCE OF RESOLUTION NO. 490-97 We, the undersigned, for the City of Dubuque, having read the terms and conditions of the Resolution No. 490-97 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of .1997. NOT SIGNED AS OF FEBRUARY 1998. For The City of Dubuque, Iowa By Terrance M. Duggan, Mayor By Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 4-0. City Manager requesting approval of response to Army Corps of Engineers' inquiry related to the River Discovery Center Project, presented and read. Council Member Voetberg moved that the communication be received and filed and approved request. Seconded by Council Member Robbins. Motion carried 4-0. Planning Services Manager submitting copy of a Grant Agreement from the IA Dept. of Natural Resources in the amount of $194,583, Resource Enhancement and Protection (REAP) grant to construct the Heron Pond Wetlands Nature Trail on Schmitt Island, presented and read. Council Member Voetberg moved that the communication be received and filed and request approved. Seconded by Council Member Robbins. Motion carried 4-0. Cily Manager providing a copy of the Stout Place Urban Revitalization Area Plan, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. Cily Manager recommending the execution of a Memorandum of Understanding with the Dubuque Visiting Nurse Assn. for services related to the City's Childhood Lead Poisoning Prevention Program (CLPPP), presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. RESOLUTION NO. 491-97 APPROVING MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY OF DUBUQUE AND THE DUBUQUE VISITING NURSE ASSOCIATION AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque has signed a contract with the Office of Housing & Urban Development (HUD) for 3.69 million dollars to be used for a lead based paint hazard reduction project in the city of Dubuque; and Whereas, the City of Dubuque must provide medical case management for all lead poisoned children in the city; and Whereas, the City of Dubuque must oversee the medical case management of children living in residences where lead based paint hazard reduction projects will occur; and Whereas, the City of Dubuque will enter into an agreement with the Dubuque Visiting Nurse Association to provide medical case management of children enrolled in the lead paint hazard reduction program and conduct community outreach and education for the citizens of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Memorandums of Understanding by and between the City of Dubuque, Iowa and the Dubuque Visiting Nurse Association is hereby approved. Section 2. That the City Manager or his designee is hereby authorized and directed to execute the Memorandums of Understanding for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 4-0. Cily Manager requesting the execution of a Railroad Easement Agreement for crossing the Railroad right-of-way for a portion of the Kelly Lane Pego Ct., Sanitary Sewer Extension Project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. RESOLUTION NO. 492-97 RESOLUTION APPROVING EASEMENT AGREEMENT WITH CHICAGO, CENTRAL AND PACIFIC RAILROAD COMPANY RELATING TO CONSTRUCTION OF SANITARY SEWER LATERAL FOR THE KELLY LANE/PEGO COURT SANITARY SEWER EXTENSION PROJECT Whereas, the City of Dubuque has developed plans for the laying of a sanitary sewer lateral in conjunction with the Kelly Lane/Pego Court Sanitary Sewer Project which crosses property owned by the Chicago, Central and Pacific Railroad Company; and Whereas, the Chicago Central and Pacific Railroad Company has prepared an Easement Agreement stipulating the terms and Regular Session, December 1, 1997 conditions of their approval for the construction of said sanitary sewer lateral crossing across railroad property; and Whereas, the City approves the terms and conditions of said Easement Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Easement Agreement with the Chicago Central and Pacific Railroad Company relating to the construction of a sanitary sewer lateral across railroad property for the Kelly Lane/Pego Court Sanitary Sewer Extension Project be approved. Section 2. That the Mayor be authorized and directed to execute two copies of the agreement with the Chicago, Central and Pacific Railroad Company. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 4-0. City Manager recommending approval of John and Carole Heiderscheit's request for voluntary annexation of 1.65 acres of their land along the N. Cascade Rd., presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. RESOLUTION NO. 493-97 RESOLUTION ANNEXING CERTAIN REAL ESTATE TO THE CITY OF DUBUQUE, IOWA. Whereas, John and Carole Heiderscheit, as owners of an area approximately 1.65 acres in size lying immediately adjacent to the City of Dubuque, Iowa, have voluntarily petitioned for annexation of said territory to the City of Dubuque, as show on the attached Exhibit A; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits in situations of this character by the adoption of a resolution; and Whereas, the future growth and development of the City of Dubuque, Iowa, make it desirable that said territory be made part of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the Cily of Dubuque, Iowa, be and they are hereby extended to include the area comprising the real estate described in the attached Exhibit B, and the center line of the abutting secondary road, North cascade Road, all in Dubuque County, Iowa. Section 2. That the territory hereby annexed shall become a part of the First Ward, Third Precinct of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this Resolution and attached Exhibits A and B with the Dubuque County Recorder, the Iowa Department of Transportation and the Secretary of State. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk VOLUNTARY ANNEXATION: CITY CLERK'S RECORD I, Mary A. Davis, City Clerk of the City of Dubuque, Iowa, hereby certify that the above and foregoing Resolution is a true copy as shown by the records of the City of Dubuque, Iowa. Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 4-0. City Manager recommending proposed changes to the Community Development Block Grant Program FY 1998 Annual Action Plan, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. RESOLUTION NO. 494-97 RESOLUTION APPROVING AN AMENDMENT TO THE 1998 ANNUAL ACTION PLAN BY INCORPORATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PROGRAM YEAR 22 (JULY 1, 1996 THROUGH JUNE 30, 1997) AND PROGRAM YEAR 23 (JULY 1, 1997 THROUGH JUNE 30, 1998j. Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Program Years 22 and 23; and Whereas, the City of Dubuque now desires to amend said Annual Plans as per the attached Exhibit A: and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City advertised a public comment period beginning October 17,1997; and Whereas, the Community Development Advisory Commission reviewed the proposed amendments at a public hearing on November 18, 1997, and has voted to approve said amendments and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plans for Program Years 22 and 23 are hereby rescinded and the balance of funds from these plans is incorporated into an amendment to the 1998 Annual Action Plan hereto attached as Exhibit A. Section 2. That the Community Development Block Grant 23nd Program Year 1998 Annual Action Plan Amendment hereto Regular Session, December 1, 1997 attached as Exhibit A is hereby approved. Section 3. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 4-0. City Manager requesting acceptance of conveyance of property at the corner of Davis and Sheridan Streets. presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. RESOLUTION NO. 495-97 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY LOCATED AT CORNER OF DAVIS AND SHERIDAN STREETS, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, IOWA, ALSO KNOWN AS LOT NINETY-FOUR (94) O'NEILL'S RIVERVIEW SUBDIVISION. Whereas, the City of Dubuque has agreed to purchase the following legally-described real property: Lot Ninety-Four (94) O'Neill's Riverview Subdivision in the City of Dubuque, Iowa, Dubuque County, Iowa, according to the recorded plat thereof from HOMZ Management, Inc., Whereas, the owner has prepared a Warranty Deed naming the City of Dubuque, Iowa, as holder of all rights, title and interest in said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from HOMZ Management, Inc., as required by Iowa Code Section 569.7. Section 2. The City Clerk be and she is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of this Resolution. Section 3. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 4-0. City Manager recommending adoption of Final Special Assessment Schedule for the Kelly Lane Reconstruction Project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. RESOLUTION NO. 496-97 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR KELLY LANE RECONSTRUCTION PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Kelly Lane Reconstruction Project under contract with Tschiggfrie Excavating of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 16th day of October, 1997, 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 defciencies are found to be proper and levied conditionally against the respective properties benefitted by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week fortwo consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will Regular Session, December 1, 1997 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. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS KELLY LANE The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the annual proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. OWNER LOT DESCRIPTION SIDEV~~ALK ASSESS. TOTAL NET ASSESSMENT ROEPSCH PLACE UPSTROM, TERESA L. LOT 1 $992.21 $2,786.68 MCCLEAN HEIGHTS PHILLIPS FAMILY TRUST LOT 2-2-2-2 $805.41 $2,468.40 RAPP, RONALD J. & JUDY A. LOT 1-2-2-2 $747.19 $2,410.17 LESLEIN, STEVEN R. & TWACHTMANN, JANIS LOT 1-2-2 $815.11 $2,478.10 KRAMER, VIRGINIA LOT 2-2-1-2 $970.37 $2,633.36 FRANKEN, GREGORY J. & CHRISTINA LOUISE LOT 1-2-1-2 $970.37 $2,633.36 KOUBA PLACE KOUBA, TERRY L. & JULIANA R. LOT 1 $967.95 $2,597.21 EDWARD'S SUB TRILK, CLIFFORD J. & ANDREA B. LOT 1 $795.71 $2,825.79 LESLEIN, LEO W.& CHARLENE LOT 2 $873.33 $2,897.69 SKEMP'S SUB COSGROVE, EDGAR J. LOT 3 $824.82 $2,227.45 PARKLAND RIDGE SUB BLOCK 1 HERRIG, JOSEPH J. & MARLA J. LOT 2 $834.52 $2,483.74 HYNES, JAMES C. LOT 3 $621.04 $2,138.30 HAUGEN, GERALD H. & MARY D. LOT 4 $834.52 $2,351.78 PARKLAND RIDGE SUB BLOCK 3 EDWARDS, MARK K. & BRENDA L. LOT 1 $640.45 $2,157.71 KNIEF, DANIEL I & MICHELE M. LOT 2 $718.08 $2,230.70 WILLEY, RICHARD L. & SHARON R. LOT 3 $543.41 $2,031.59 NORTON, JAMES L. SR. & PATRICIA A. LOT 4 $851.50 $2,376.03 KUBESHESKI, JOHN T. JR. & ROSALIE A. LOT 5 $688.96 $2,293.94 DUGGAN FARM WHITE, LORRAINE B. LOT 2-1-2-1 $1,581.71 $4,943.11 PARKLAND RIDGE SUB BLOCK 2 VALENTINE, WAYNE J. & ELAINE M. LOT 1 $766.59 $2.600.83 RUSCH, RONALD R. & LINDA S. LOT 2 $761.74 $2,493.88 STEWART, DONALD F. & IMOGENE M. LOT 3 $759.32 $2,655.89 WHITE, BEVERLY A. & WILLIAM M. LOT 4 $669.56 $2,429.69 SISLER, IRENE M. LOT 5 $921.85 $2,623.05 PARKLAND RIDGE SUB BLOCK 3 CULLEN, GERALD E. & AGNES M. LOT 2-2-1-1-A $679.26 $2,497.56 KOOS, JOHN J. LOT 1-2-1-1-A $761.74 $2,593.97 HENSCHEL'S HIGHLANDS SUB BLK 1 KREMER, RALPH P. & MARCELLA F. LOT 1 $926.71 $2,538.18 HANTEN, RICHARD O. & CYNTHIA L. LOT 2 $562.82 $2,014.64 HANTEN, CAROLE L. LOT 3 $795.71 $2,247.53 SCHAEFER, THOMAS F. & MARGARET M. LOT 4 $795.71 $2,247.53 VOSS, CARL H. & ADELE B. LOT 5 $524.00 $1,975.83 WIEGAND, DENNIS J. & JENELLE M. LOT 6 $628.32 $2,025.84 WINNER, THOMAS J. & JUDITH A. LOT 7 $650.15 $2,086.51 HEALEY, GAIL CHAVENELLE LOT 1-8 $795.71 $2,584.61 HEALEY, GAIL CHAVENELLE LOT 2-8 $1,373.08 $4,122.96 HEALEY, GAIL CHAVENELLE LOT 9 W/2-8 W/2-8 HEALEY, GAIL CHAVENELLE LOT 1-10 $778.72 $2,325.84 HEALEY, GAIL CHAVENELLE LOT 2-10 W/2-8 W/2-8 CARRELS GROVE HANTEN, CAROLE L. LOT 1-2-1-1 $1,094.94 HEALEY, GAIL CHAVENELLE LOT 2-2-1-1 $176.66 MINERAL LOT 112 HEALEY, GAIL CHAVENELLE LOT 2-1-1-1-1-1 W/1-8 W/1-8 HEALEY, GAIL CHAVENELLE LOT 2-1-1-1 W/2-8 W/2-8 HEALEY, GAIL CHAVENELLE LOT 2-1-1-1-1 W/1-10 W/1-10 MARK HEIGHTS ATCHISON, FIELDON F. & MARY JO LOT 1-6-1 $402.70 $1,852.83 MAHMOUD, PARVIS & RUTH F. LOT 4-1 $688.96 $2,267.95 MAHMOUD, PARVIS & RUTH F. LOT 3-1 $691.39 $2,265.12 CHALOUPKA, WAYNE C. & DONNA M. LOT 2-1 $635.59 $2,209.32 CZARNECKI, DAVID B. & PHYLLIS A. LOT 1-1 $933.98 $2,944.26 IHM, GERALD JOSEPH & LORLEE ANN Regular Session, December 1, 1997 LOT 2 $1,288.17 $4,246.58 TART, ORLEY & JANE E. LOT 1-3 $1,057.71 $3,291.99 SCHNITZLER, VIRGINIA R. LOT 1-2-3 $507.02 $1,924.19 SCHNITZLER, VIRGINIA R. LOT 2-2-3 $9.59 KREBS, JOAN L ET AL LOT 3-3 $640.45 $1,902.61 BEVERLY PINES IHM, GERALD JOSEPH & LORLEE ANN LOT 1-1-2-1 $118.19 HARRISON, WALTER A. & LOIS M. LOT 1-2-1-1-1 W/1-1 PEG-O W/1-1 PEG-0 KIEFFER, JAMES P. & JULIE ANN LOT 2-2-1-1-1 W/2- PEG-O W/2 -PEG-0 PEG-O-MESA HARRISON, WALTER A. & LOIS M. LOT 1-1 $532.00 HARRISON, WALTER A. & LOIS M. LOT 2-1 W/1 KIEFFER, JAMES P. & JULIE ANN LOT 2 $222.61 MOREHOUSE, WILLIAM P. & JANE C. LOT 3 $65.44 MINERAL LOT 112 ZWACK, JOSEPH P. & PAULA M. LOT 2-1-1-1-1-1-1-1 $912.15 $3,166.54 ZWACK, JOSEPH P. & PAULA M. LOT 2-2-1-1-1-1-1-1 $152.83 $306.60 SCHILLING, DENNIS F. & JULIE K. LOT 1-2-1-1-1-1-1-1 $1,004.34 $3,778.20 HEMESETH, CAROL A. LOT 1-2-1 $907.30 $2,961.67 SMITH, ALICE M. LOT 2-2-1 $963.09 $3,223.36 SMITH, ALICE M. LOT 2-3 w/2-2-1 W/2-2-1 SCHMIDT, ROBERT K. & LINDA R. LOT 2-1-3 $2,057.19 $6,205.22 SCHMIDT, ROBERT K. & LINDA R. LOT 1-1-3 W/2-1-3 W/2-1-3 MINERAL LOT 118 SCHMIDT, ROBERT K. & LINDA R. LOT 1-2 W/2-1-3 W/2-1-3 UDELHOFEN, JAMES L. & WIENEN, ELIZABETH L. LOT 2-2 $2,939.23 VANZILE, JEFFREY H. & JULIE A. LOT 2-2-1 $2,530.99 VANZILE, JEFFREY H. & JULIE A. LOT 1-1-2-1 W/2-2-1 W/2-2-1 KELLY HEIGHTS PLACE REISEN, RALPH A. JR. & DEBORAH M. LOT 1 $703.52 $1,935.37 HEELER, PAUL H. & KATHRYN A. LOT 1-2 $1,067.41 $2,896.69 KELLY HEIGHTS FDR DEVELOPMENT, INC. LOT 1 $587.38 FDR DEVELOPMENT, INC. LOT 2 $61.72 FDR DEVELOPMENT, INC. LOT 3 $63.73 FDR DEVELOPMENT, INC. LOT 4 $67.93 $456.06 FDR DEVELOPMENT, INC. LOT A Def. Assess.: $831.24; Sidewalk Assess: $115.87 $353.75 PETERSEN PLACE BURGER, GERALD P. & RUTHANN E. LOT 1 $2,132.39 $6,794.02 TROWBRIDGE, LARRY L. & ELIZABETH A. LOT 2-2-2-2 $786.00 $2,698.20 KOHL, ROBERT G. & CHRISTINE, A. LOT 1-2-2-2 $970.37 $2,882.57 ADAMS, GREGORY J. LOT 2-1-2-2 $970.37 $2,882.57 COOK, PHILIP J. & CINDY S. LOT 2-1-1-2-2 $853.93 $2,766.13 PREGLER, JOHN P. & GOLDENA R. LOT 1-1-1-2-2 $718.08 $2,630.28 SEIER, JOHN W. & MAUREEN C. LOT 2-1-2 WATER ASSESS: $1009.59 SIDEWALK ASSESS. $970.37 $3,892.16 JOHANNS, H. MARK LOT 1-1-2-1-1-2 $747.19 $2,658.77 WEBER, HENRY LOT 2-1-2-1-1-2 $747.19 $2,315.03 WESTMARK, JAMES B. & ROMELDA LOT 2-2-1-1-2 $815.11 $2,410.19 WESTMARK, JAMES B. & ROMELDA LOT 2-1-1-1-2 $776.30 $2,387.31 MINERAL LOTS 116 & 117 LEHNEN, BRYON K. & CHRISTINE E.LOT 2-2-1-1 WATER ASSESS: $1,097.89 SIDEWALK ASSESS: $1,360.95 $5,376.72 MONTGOMERY, LYLE R. & PATRICIA LOT 1-2-1-1 $1,191.13 $4,005.52 CHEEVER, DOUGLAS L. & JEAN N. LOT 2-1 $1,523.48 $4,961.46 SCHMID, JOHN J. JR. & MANTEA K. LOT 2-1-1-1 $1,523.48 $4,925.88 BIRCH ACRES -BLOCK 4 MCDERMOTT, BERNARD L. & MARY G. LOT 1 $510.50 BIRCH ACRES -BLOCK 1 FUDGE, GERALD L. & JEANNE M. LOT 1 $332.94 $2,020.37 WILLGING, MARK J. LOT 2 $157.87 $1,571.49 LAURENCE, DANIEL T. & KAREN R. LOT 3 $1,330.39 KIEFFER, LORAS W. & ANNA MAE LOT 4 $157.87 $1,488.26 SCHWENDINGER, JOHN R. & JANET R. LOT 5 $47.56 $1,544.25 JENKINS, MARK A. & JANE A. LOT 6 $178.36 $1,591.98 WOLF, RONALD C. & JUDITH E. LOT 7 $47.56 $1,435.50 CAHALAN, DAVID C. & GLORIA A. LOT 8 $54.65 $1,418.30 KLEITSCH, JAMES D. & SHAUN M. LOT 9 $1,363.65 SULLIVAN, MARTIN D. & KATHLEEN A. LOT 10 $338.82 $1,702.47 NICKS, ROBERT J. & ADELE M. LOT 11 $383.75 $1,880.44 CANAVIN, DONALD W. & BERNICE A. LOT 12 $1,496.69 ORTON, MILES G. & VIRGINIA J. LOT 13 $287.81 $1,784.50 GANSHIRT, JOHN F. & MARY ELLEN LOT 14 $273.49 $1,825.56 MINERAL LOT 131 REGAN, JULIAN D. & SHIRLEY M. LOT 2-6 $806.90 PIONEER HILLS SUB KOELLER, DUANE C. Regular Session, December 1, 1997 LOT 4 $98.08 REMAKEL, DONALD J. & WANDA M. LOT 5 $295.93 PITZ, GERALD M. & KATHRYN A. LOT 6 $14.70 CARRELS GROVE ZWACK, JOSEPH P. & PAUL M. LOT 2-2 WATER ASS. $943.36 SIDEWALK ASSESS. $1001.91 $4,004.74 FROMMELT, ALOIS A. & MAUREEN E. LOT 2-1-2 $832.09 $2,871.61 WESTMARK, GERALDINE J. & LEO F. LOT 2-1-1-2 $827.24 $2,866.76 WALKER, JEFFREY A. & JANE C. LOT 2-1-1-1-2 $1,171.72 $4,688.13 HOFFMANN, THOMAS E. &IMELDA M. LOT 1-1-1-1-1-2 $148.20 M.L. 511 WALKER, JEFFREY A. & JANE C. LOT 1-2-1-1-1 W/2-1-1-1-2 W/2-1-1-1-2 HOFFMANN, THOMAS E. &IMELDA M. LOT 1-2-1-1-1-1 $868.97 $2,993.72 KELLEY, MICHAEL A. & PHYLLIS M. LOT 1-1-1-1-1 $1,761.71 $6,049.12 DAHLMAN, HOMER STILLWELL JR. LOT 1-2-1 WATER ASS: $634.27 SIDEWALK ASSESS: $897.59 $4,350.12 UNSEN, MADONNA L. LOT 2-2-2-1 W/1 WHITAKERS W/1 WHITAKERS DOMINY, MICHAEL L. & PAULA L LOT 1-2-2-1 W/3 WHITAKERS W/3 WHITAKERS M.L. 514 CITY OF DUBUQUE LOT 2-1-1 $805.41 $1,305.70 WHITAKER'S ROCKDALE SUB UNSEN, MADONNA L. LOT 1 WATER ASS: $965.44 SIDEWALK ASSESS: $1,431.30 $4,397.58 WILLIAMS, WALTER E. & MARIAN A. LOT 2 WATER ASS:$1,031.67 $1,410.68 DOMINY, MICHAEL L. & PAULA J. LOT 3 WATER ASS: $689.47 $808.90 DOMINY, MICHAEL L. & PAULA J. LOT 4 WATER ASS: $700.50 $819.15 PEG-O MESA OBERFOELL, DOUGLAS M. LOT 9 $1,790.34 $4,084.79 VALENTINE, RICHARD H. & MARY LOT 8 $361.46 $1,658.90 GUY, GERALD L. & MICHAEL E. LOT 7 $938.23 BAHL, MARY E. LOT 6 $902.34 CLARK, PAUL D. & CAROL J. LOT 1-6 $92.66 M. L. 507 & M. L. 513 ROCKDALE METHODIST CHURCH LOT 1 & 2-1-1-M.L. 507 & 513 WATER ASS: 490.77 SIDEWALK ASS: $1,530.76 $7,750.41 CITY OF DUBUQUE CITY LOT $4,813.05 $6,764.54 M.L. 507 BIEDERMANN, MICHAEL H. & DEBORAH E. LOT 2-2-1 WATER ASS: $722.54 SIDEWALK ASS: $1,443.43 $5,274.73 TIMMONS, ROBERT R. & VALORA K. LOT 1-1-2-1 $713.22 $2,381.78 OLD MILL PLACE PANCRATZ, TIMOTHY J. LOT 1 WATER ASS.: $850.63 SIDEWALK ASS.: $1,370.65 $4,441.95 HARTIG, DAVID S. JR. LOT 2 DEFIC. ASSESS: $3634.44 $706.70 $1,668.15 M.L. 508 NEWT, GARY W. & KAREN M. M.L. 508 $7,154.07 $20,941.23 PAPKE PLACE BEINING, JAMES L. LOT 1 $3,146.43 $10,259.22 MCDERMOTT, MICHAEL J. & BARBARA LOT 2 $371.12 M.L. 511 WITT, LEONARD E. LOT 1-2-2-1-1 DEFIC. ASSESS: $5,508.68 WATER ASS: $1,064.78 SIDEWALK ASSESS. $846.92 $3,157.67 WITT, LEONARD E. LOT 2-1-2-1-1 w/1-2-2-1-1 W/1-2-2-1-1 CITY OF DUBUQUE LOT 1-2-2-1-1-1 $1,358.52 $2,533.90 SMOTHER'S PLACE DUNNE, LORAS R. & MYATT, JUDY M. LOT 3 $3,512.75 $11,307.90 M.L. 501 LAUFENBERG, WAYNE L SR. (TRUST) LOT 1-1-2-1-2-1-4 $131.00 $1,522.34 MCDERMOTT, MICHAEL J. & BARBARA LOT 2-1-2-1-2-1-4 $336.46 MCDERMOTT, MICHAEL J. & BARBARA LOT 1-1-2-1-1-2-1-4 W/2-1-2-1-2-1-4 W/2-1-2-1-2-1-4 LAUFENBERG, WAYNE L SR. (TRUST) LOT 2-1-2-1-1-2-1-4 W/1-1-2-1-2-1-4 W/1-1-2-1-2-1-4 MCDERMOTT, MICHAEL J. & BARBARA LOT 2-1-1-1-1-2-1-4 W/2-1-2-1-2-1-4 W/2-1-2-1-2-1-4 FRAZIER, SHAWN D. & MICHELLE R. LOT 2-2-2-2-1-4 WATER ASS.: 921.28 SIDEWALK ASS: $1368.22 $5,717.42 SWIFT, GERALD T. & NORMA JEAN LOT 1-2-2-2-1-4 WATER ASS.: 722.58 SIDEWALK ASS.: $2,018.37 $6,906.62 SWIFT, GERALD T. & NORMA JEAN LOT 2-1-2 W/1-2-2-2-1-4 W/1-2-2-2-1-4 BEINING, JAMES LOT 1-2-2-1-4 $433.15 SWIFT, THOMAS G. LOT 1-1-2 WATER ASS: $855.05 SIDEWALK ASS.: $1,753.95 $6,109.93 BOGE, LORAS LOT 1-1-3-1 $824.82 $3,916.71 BOGE, LORAS LOT 2-2 W/1-1-3-1 W/1-1-3-1 BOGE, LORAS LOT 2-1-3-1 DEF. ASSESS. $1,006. 22 $268.24 $1,045.40 ROCKDALE MILLS, BERNICE C. & WILLIS LOT 15 $950.96 $2,447.50 MUELLER, ALAN D. & DEMENT, ANN LOT 1-1Q 17, 18, 19,20 $417.26 $1,515.60 NEIGHBORS, INC. LOT 2-1 Q 17, 18, 19, 20 $1,057.71 $3,557.27 M. L. 501 Regular Session, December 1, 1997 CHICAGO CENTRAL & PACIFIC RR CO. LOT 1-9 $1,509.22 CHICAGO CENTRAL & PACIFIC RR CO. LOT 3 DEF. ASSESS. $4,280.20 $7,5000.40 M. L. 500 MALONE, MICHELLE & MICHAEL, & USHER, DANA & JEFFREY LOT 1 $56.93 TOTALS: DEF. ASSESS: $15,260.78 WATER ASSESS. $12,688.82 SIDEWALK ASS. $109,509.01 $389.205.93 Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 4-0. Cily Manager recommending acceptance of City Government Inter-Facility Fiber Optic Communications Network Project completed by Volkens Utility Contractors in final contract amount of $55,542.00, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. 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 $55,542.00 and the said amount shall be paid from General Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 4-0. City Manager recommending the City Contract with AO Safety Co. as the City's Safety Eye Glass Vendor, presented and read. Council Member Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Council Member Robbins. Motion carried 4-0. RESOLUTION NO. 497-97 ACCEPTING IMPROVEMENT Whereas, the contract for the City Government Inter-Facility Fiber Optic Communication Network-Phase I Construction/Installation of Buried Ducts with Innerducts has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 4-0. RESOLUTION NO. 498-97 FINAL ESTIMATE Whereas, the contract for the City Government Inter-Facility Fiber Optic Communication Network-Phase I Construction/Installation of Buried Ducts with Innerducts has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of City Manager recommending the purchase of a $6,600 Laptop computer to assist with Fair Housing Presentations, Council Member Voetberg moved that the communication be received and filed and request approved. Seconded by Council Member Robbins. Motion carried 4-0. REFUND REQUESTED: Fat Tuesday's $422.50 on unexpired Liquor License, presented and read. Council Member Voetberg moved that the refund be approved and Finance Director to issue proper check. Seconded by Robbins. Motion carried 4-0. RESOLUTION NO. 499-97 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS'C BEER PERMITS Iowa Oil Co. IOCO Speed Shoppe # 17+(Sunday Sale) 2150 Twin Valley Dr Passed, approved and adopted this 1st day December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 4-0. RESOLUTION NO. 500-97 Regular Session, December 1, 1997 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" (COMMERCIAL) BEER & LIQUOR LICENSE Pamela Barry Arensdort Instant Replay +(Sunday Sale) 1602 Central Ave Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 4-0. BOARDS AND COMMISSIONS: ZONING COMMISSION: Applicants are to be interviewed to serve. Applicants: Eugene J. Bird, Jr., Don Lochner, Ron Smith. Mr. Bird, Mr. Lochner & Mr. Smith all spoke. TRANSIT BOARD OF TRUSTEES: Appointment to be made. Applicant: Pamela Renfro. Council Member Michalski moved that Pamela Renfro be appointed to an unexpired term which will expire 7-31-98. Seconded by Council Member Voetberg. Motion carried 4-0. Council Member Robbins moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Council Member Michalski. Motion carried 4-0. Proof of publication certified to by the Publisher on Notice of Hearing on Amended Resolution for 1997 PC Concrete Paving Project and a Communication of City Manager recommending approval of the amendment, presented and read. Council Member Robbins moved that the proof and communication be received and filed. Seconded by Council Member Voetberg. Motion carried 4-0. A RESOLUTION With Respect to the Adoption of an Amendment to Resolution of Necessity No. 173-97 proposed for the 1997 PC Concrete Paving Project, presented and read. Council Member Robbins Robbins moved to close the Public Hearing and table action on this until the next Council Meeting. Seconded by Council Member Voetberg. Motion carried 4-0. Proof of publication certified to by the Publisher on Notice of Hearing to reclassify properly at 305 W. 16th Street from OS to OR District (Floyd Kunkel d/b/a Benkel Inc.), presented and read. Council Member Voetberg moved that the proof be received and filed. Seconded by Council Member Michalski. Motion carried 4-0. Mr. Kunkel spoke requesting rezoning. Joseph Noll of 315 W. Locust spoke in support of the rezoning with the conditions and thanked all City Departments involved with this. An Ordinance Amending Zoning Map by reclassifying property located at 305 W. 16th Street from OS Office Service District to OR Office Residential District, With Conditions, said Ordinance having been presented and read at the Council Meeting of 11-17-97, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 69-97 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 305 W. 16TH STREET FROM OS OFFICE SERVICE DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described properly from OS Office Service District to OR Office Residential District, with conditions, to wit: South 1/6 of City Lot 473 and South Middle 1/6 of City Lot 473, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning of the property described as: South 1/6 of City Lot 473 and South Middle 1/6 of City Lot 473 and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 69-97, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the Regular Session, December 1, 1997 following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Pertormance Standards 1) Rooming and Boarding Houses shall not be allowed as a permitted use in this OR Office Residential District. B) Reclassification of the Subject Prooertv. The City of Dubuque, Iowa may initiate zoning reclassification for proceedings to the OS Office Service District (which rezoning will include the removal of the above pertormance standards) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 69-97. E)Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 69-97 I, Floyd D. Kunkel, Benkel, Inc., having read the terms and conditions of the foregoing Ordinance No. 69-97 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 26th day of November, 1997. By /s/ Floyd D. Kunkel Benkel, Inc. Published officially in the Telegraph Herald newspaper this 4th day of December, 1997. 1t 12/5 Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Michalski. Motion carried 4-0. Proof of publication certified to by the Publisher on Notice of Hearing to reclassify properly at northeast corner of 12th Street and Pine Street from HI to MHI District QDOT), presented and read. Council Member Michalski moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 4-0. An Ordinance Amending Zoning Map by reclassifying property located East of Pine Street, North of 12th Street, South of 14th Street and West of Highway 61/151 from HI Heavy Industrial District to MHI Modified Heavy industrial District, said Ordinance having been presented and read at the Council Meeting of 11-17-97, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 70-97 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED EAST OF PINE STREET, NORTH OF 12TH STREET, SOUTH OF 14TH STREET AND WEST OF HIGHWAY 61/151 FROM HI HEAVY INDUSTRIAL DISTRICT TO MHI MODIFIED HEAVY INDUSTRIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from HI Heavy Industrial District to MHI Moderate Heavy Industrial District, to wit: Lot 3 of Lot 1 of A. Y. McDonald Mfg. Co. place and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Published officially in the Telegraph Herald newspaper this 5th day of December, 1997. 1t 12/5 Karen M. Chesterman, Deputy City Clerk Council Member Michalski moved final consideration and passage of the Ordinance. Seconded by Council Member Robbins. Motion carried 4-0. Proof of publication certified to by the Publisher on Notice of Hearing to reclassify property located at 1697 Jackson Street from R-2A to C-1 District (Vicki Bechen), presented and read. Council Member Robbins moved that the proof be received and filed. Seconded by Council Member Voetberg. Motion carried 4-0. Vicki Bechen, owner of the property, mentioned that this had been the Washington Tool Library and now requested rezoning. An Ordinance Amending Zoning Ordinance by reclassifying property located at 1697 Jackson Street from R-2A Alternate Two- Family Residential District to C-1 Neighborhood Commercial District, said Ordinance having been presented and read at the Council Meeting of 11-17-97, now Regular Session, December 1, 1997 presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 71-97 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1697 JACKSON STREET FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO C-1 NEIGHBORHOOD COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from R-2A Alternate Two-Family Residential District to C-1 Neighborhood Commercial District, to wit: The north 1/5 of City Lot 492 and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Published officially in the Telegraph Herald newspaper this 5th day of December, 1997. 1t 12/5 Karen M. Chesterman, Deputy City Clerk Council Member Robbins moved final consideration and passage of the Ordinance. Seconded by Council Member Voetberg. Motion carried 4-0. Proof of publication certified to by the Publisher on Notice of Hearing to consider disposing of property at 750 Montcrest and City Manager recommending sale of property adjacent to 750 Montcrest, presented and read. Council Member Voetberg moved that the proof and communication be received and fled. Seconded by Council Member Robbins. Motion carried 4-0. Patricia McGuire spoke requesting the sale of property. RESOLUTION NO. 501-97 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 21st day of November, 1997, the City Council of the City of Dubuque, Iowa met on the 1st day of December, 1997, at 7:00 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lots 38, 39 and 40 of the Pleasant View Addition in the City of Dubuque, Iowa to William G. and Patricia M. McGuire; 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, except for easements as noted, in the hereinabove described real estate to William G. and Patricia M. McGuire. 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 Lots 38, 39 and 40 of the Pleasant View Addition in the City of Dubuque, Iowa to William G. and Patricia M. McGuire be and the same is hereby approved for the sum of $1.00 plus cost of publication, platting and filing fees, conveyance shall be by Quit Claim Deed, and the conveyance by William G. and Patricia M. McGuire to the City of Dubuque of Lots 38, 39 and 40 of Pleasant View Addition. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above named grantees upon receipt of the purchase price in full. Section 3. 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 said plat. Section 4. 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 the Dubuque County Auditor. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 4-0. City Manager recommending funding be provided to the Northend Neighborhood Council and Dubuque County Extension Office for a Northend Neighborhood Family Opportunities Program, presented and read. Council Member Robbins moved that the communication be received and filed and approved. Seconded by Council Member Michalski. Motion carried 4-0. Planning Services Manager submitting an Ordinance to name the frontage road connecting Hill, Alpine, Nevada & Booth Sts. on the north side of Dodge St. be named YM/YW Drive, presented and read. Council Member Voetberg moved that the Regular Session, December 1, 1997 communication be received and filed. Seconded by Council Member Michalski. Motion carried 4-0. An Ordinance Creating a new Street Name of the Existing Frontage Road Connecting Hill, Alpine, Nevada and Booth Streets on the North Side of the Reconstructed Dodge Street as YM/YW Drive, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance. Seconded by Council Member Michalski. Motion carried 4-0. City Manager submitting a Private Streets Policy and Related Text Amendment and recommending a Public Hearing be set for March 16, 1998, with a Worksession to be held on March 2, 1998, and Zoning Advisory Commission advising of their denial to amend text amendment to Zoning Ordinance regarding plat review containing private streets, presented and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Michalski. Motion carried 4-0. An Ordinance Amending Sections 42-1, 42-14(d) and 42-20(a) of the City Code of Ordinances "Subdivision Regulations" to add defnition of private drive, add requirement that both Zoning Advisory Commission and City Council review plats that contain private streets and stipulate that private streets shall conform to applicable standards, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance and that it be set for Public Hearing on March 16, 1998 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Michalski. Motion carried 4-0. Zoning Advisory Commission advising of their denial to amend text amendment to Zoning Ordinance regarding private streets, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 4-0. An Ordinance Amending Section 2-9 of the Zoning Ordinance to eliminate the requirement that private streets must be included as part of a Planned District, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance and that it be set for Public Hearing on March 16, 1998 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Michalski. Motion carried 4-0. City Manager recommending a public hearing be set for December 15th to consider vacating and sale of Lot 1A and Lot 13A of Block 3, and Lot 1A of Block 4, all in Fremont Heights Addn., in the vicinity of the intersection of Fremont Avenue and Bonnie Court, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 4-0. RESOLUTION NO. 502-97 RESOLUTION APPROVING PLAT OF PROPOSED VACATING OF A PART OF FREMONT AVENUE BETWEEN BONNIE COURT AND DOROTHY KAY DRIVE AND A PART OF NORTH CASCADE ROAD AT THE INTERSECTION OF CEDAR CROSS ROAD AND BONNIE COURT Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated November 28, 1997, prepared by Buesing and Associates, describing a part of Fremont Avenue between Bonnie Court and Dorothy Kay Drive, and a part of North Cascade Road at the intersection of Cedar Cross Road and Bonnie Court; 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 November 28, 1997, prepared by Buesing and Associates, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 4-0. An Ordinance Vacating a Part of Fremont Avenue between Bonnie Court and Dorothy Kay Drive and a Part of North Cascade Road at the intersection of Cedar Cross Road and Bonnie Court, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance. Seconded by Michalski. Motion carried 4-0. RESOLUTION NO. 503-97 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1A AND LOT 13A OF BLOCK 3 AND LOT 1A OF BLOCK 4 ALL IN FREMONT HEIGHTS IN THE CITY OF DUBUQUE, IOWA Whereas, Martin J. McNamer has requested the vacating of a part of Fremont Avenue between Bonnie Court and Dorothy Kay Drive, and a part of North Cascade Road at the intersection of Cedar Cross Road and Bonnie Court; and Whereas, Buesing and Associates has prepared and submitted to the City Council a Regular Session, December 1, 1997 plat showing the vacated part of Fremont Avenue between Bonnie Court and Dorothy Kay Drive, and a part of North Cascade Road at the intersection of Cedar Cross Road and Bonnie Court, and assigned lot numbers thereto which hereinafter shall be known and described as Lot 1A and Lot 13A of Block 3, and Lot 1A of Block 4, all in Fremont Heights in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that said streets are no longer required for public use, and vacating and sale of Lot 1A and Lot 13A of Block 3, and Lot 1A of Block 4, all in Fremont Heights in the City of Dubuque, Dubuque County, Iowa shall 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 interests in Lot 1A and Lot 13A of Block 3, and Lot 1A of Block 4, all in Fremont Heights in the City of Dubuque, Iowa, to Martin J. and Nancy McNamer. Section 2. That the City 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, TV cable and electric lines as may be authorized by the City of Dubuque over and across Lot 1A and Lot 13A of Block 3, and a part of Lot 1A of Block 4 as shown on the attached plat, all in Fremont Heights. Section 3. 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 1st day of December, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution and that this be set for Public Hearing on 12-15-97 at 7:00 p.m. in the Public Library and the City Clerk publish notice in the manner prescribed by law. Seconded by Michalski. Motion carried 4-0. meeting. Seconded by Council Member Robbins. The meeting adjourned at 7:46 p.m. Karen M. Chesterman Deputy City Clerk Approved , 1998 Adopted 1998 Mayor Attest: City Clerk At 7:34 p.m. Council Member Voetberg moved to go into Closed Session In accordance with Chapter 21.5 L(c) To discuss strategy with counsel in matters that are presently in litigation (c) To discuss strategy with counsel in matters where litigation is imminent and its disclosure would be likely to prejudice or disadvantage the position of the governmental body in this litigation. Seconded by Council Member Michalski. Motion carried 4-0. At 7:45 p.m. Council reconvened with statement that Staff had been given direction. Council Members There being no further business, Council member Michalski moved to adjourn the Regular Session, December 1, 1997 Regular Session, December 15, 1997 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 15, 1997. Council Met at 7:00 p.m., Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Pottebaum in amount of $30.00 for clothing loss; Sheila Wolbers in unknown amount for vehicle damages and personal injuries, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Buol. Motion carried 7- o. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Property damage of Mike Schmalz; Property damage of Ken-Mo Farms, Inc., presented and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Buol. Motion carried 7-0. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Kristian Kincaid, Pastor of Our Redeemer Lutheran Church. MINUTES SUBMITTED - Cable Teleprogramming Commission of 12-2; Transit Trustee Board of 11-13; Zoning Advisory Commission of 12-3; Zoning Board of Adjustment of 11-20; presented and read. Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Buol. Motion carried 7-0. Printed Council Proceedings for months of September & October for approval, presented and read. Council Member Voetberg moved that the proceedings be approved as printed. Seconded by Council Member Buol. Motion carried 7-0. Proofs of Publication of Council Proceedings for meetings of 11-3 & 11-17; Proof of Publication on List of Claims and Summary of Revenues for month ending 10- 31-97; Finance Director submitting financial reports for month ending November, 1997, presented and read. Council Member Voetberg moved that the proofs and reports be received and filed. Seconded by Council Member Buol. Motion carried 7-0. NOTICES OF CLAIMS/SUITS-Clyde & Carole Adams in unknown amount for property damages; Jean Delaney in approx. amount of $1130.51 for vehicle damages; Thomas Fransen in unknown amount for personal injuries; Rosemary Herman in amount of 213.00 for personal injuries; Iowa DOT submitting Notice of Condemnation for property on U.S. #20 - (DQ, Inc. d/b/a Hardee's); Karen & Dennis Kingsley in amount of $425.00 for property damages; Elizabeth Marie Murphy in amount of $100,000 for emotional injuries and humiliation; Bea M. Corporation Counsel recommending denial of property damage claim of Mary Ransdell, presented and read. Council Member Voetberg moved that the communication be received and filed and approved denial. Seconded by Council Member Buol. Motion carried 7-0. Zoning Advisory Commission approving final plat of Industrial Park at former County Farm, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 504-97 A RESOLUTION APPROVING THE PLAT OF SURVEY OF LOTS 1 OF 1 AND 2 OF 1 OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN AND LOTS 1 OF 1 AND 2 OF 1 OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, ALL IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey of Lots 1 of 1 and 2 of 1 of the Southwest Quarter of the Southwest Quarter of Section 30, Township 89 North, Range 2 East of the 5th Principal Meridian and Lots 1 of 1 and 2 of 1 of the Southeast Quarter of the Southwest Quarter of Section 30, Township 89 North, Range 2 East of the 5th Principal Meridian, all in Dubuque County, Iowa; and Whereas, said plat provides 0 feet of frontage for Lot 2 of 1 of the SW 1/4 of the SW 1/4 and Lot 2 of 1 of the SE 1/4 of the SW 1/4, where 60 feet is required by Section 42-19(b) of the Subdivision Ordinance; and Whereas, said plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. Regular Session, December 15, 1997 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Ordinance is waived to allow Lot 2 of 1 of the SW 1/4 of the SW 1/4 and Lot 2 of 1 of the SE 1/4 of the SW 1/4 to have 0 feet of frontage, where 60 feet of frontage is required. Section 2. That the Plat of Survey of Lots 1 of 1 and 2 of 1 of the Southwest Quarter of the Southwest Quarter of Section 30, Township 89 North, Range 2 East of the 5th Principal Meridian and Lots 1 of 1 and 2 of 1 of the Southeast Quarter of the Southwest Quarter of Section 30, Township 89 North, Range 2 East of the 5th Principal Meridian, all in Dubuque County, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Section 3. That in the event the owners shall fail to execute the acceptance within 180 days after the date of this resolution, the provisions hereof shall be null and void and the acceptance and approval of the plat shall not be effective. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Zoning Advisory Commission advising of their approval of survey plat for property located at Northwest Corner of Main Street and 10th Street, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 505-97 A RESOLUTION APPROVING THE SURVEY PLAT OF LOT 1 AND LOT 2 OF HARTIG ADDITION, IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Survey Plat of Lot 1 and Lot 2 of Hartig Addition, in the City of Dubuque, Iowa; and Whereas, said plat provides 40.90 feet of frontage for Lot 2 where 60 feet is required by Section 42-19(b) of the Subdivision Ordinance; and Whereas, said plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said Survey Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That Section 42-19(b) of the Subdivision Ordinance is waived to allow Lot 2 of Hartig Addition to have 40.90 feet of frontage, where 60 feet of frontage is required. Section 2. That the Survey Plat of Lot 1 and Lot 2 of Hartig Addition, in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Section 3. That in the event the owners shall fail to execute the acceptance within 180 days after the date of this resolution, the provisions hereof shall be null and void and the acceptance and approval of the plat shall not be effective. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 505-97 We, the undersigned, Robert J. Smith and Benjamin L. Andersen, having read the terms and conditions of the Resolution No. 505-97 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 15th day of December, 1997. By: /s/Robert J. Smith By: /s/ Benjamin L. Andersen Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Kenneth Kringle requesting vacation of Dinsney Street, located between Mt. Loretta and Tressa Streets, at the intersection of River Ridge, presented and read. Council Member Voetberg moved that the communication be referred to the City Manager. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of Recreational Trails Grant Application for River's Edge Plaza, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 506-97 APPLICATION FOR RECREATIONAL TRAILS FUNDING TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE RIVER'S EDGE PLAZA Whereas, the Iowa Department of Transportation has allocated grant funds for the development of recreational trails and facilities for pedestrians and bicycles, and Whereas, the City has an adopted Rivertront Plan which places high priority on hike bike trail development along the Mississippi River and the linkage of the existing Heritage Trail with the Mines of Spain State Recreational Area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign and the City Planner is hereby authorized to submit the resolution and the application to the Iowa Department of Transportation for Recreational Trail Funds for Regular Session, December 15, 1997 the River's Edge Plaza. Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital Improvement Program funds to provide the financial match required by this program should the application be approved by the Iowa Department of Transportation. Section 3. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use for a minimum of twenty (20) years following project completion. Section 4. That the City of Dubuque agrees to abide by all local, state, and federal requirements applicable to the proposed project. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of Recreational Trails Grant Application for North End Neighborhood Linear Park (Landscaping, Amenities and Trail Head), presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 507-97 APPLICATION FOR RECREATIONAL TRAILS FUNDING TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE NORTH END NEIGHBORHOOD LINEAR PARK Whereas, the Iowa Department of Transportation has allocated grant funds for the development of recreational trails and facilities for pedestrians and bicycles, and Whereas, the City has an adopted Comprehensive Plan which places high priority on hike bike trail development and the linkage of the existing Heritage Trail with the Mines of Spain State Recreational Area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign and the City Planner is hereby authorized to submit the resolution and the application to the Iowa Department of Transportation for Recreational Trail Funds for the North End Neighborhood Linear Park. Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital Improvement Program funds to provide the financial match required by this program should the application be approved by the Iowa Department of Transportation. Section 3. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use for a minimum of twenty (20) years following project completion. Section 4. That the City of Dubuque agrees to abide by all local, state, and federal requirements applicable to the proposed project. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of Recreational Trails Grant application for Northern Levee Path Expansion, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 508-97 APPLICATION FOR RECREATIONAL TRAILS FUNDING TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE EXPANSION OF THE NORTHERN LEVEE PATH Whereas, the Iowa Department of Transportation has allocated grant funds for the development of recreational trails and facilities for pedestrians and bicycles, and Whereas, the City has an adopted Rivertront Plan which places high priority on hike bike trail development along the Mississippi River and the linkage of the existing Heritage Trail with the Mines of Spain State Recreational Area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign and the City Planner is hereby authorized to submit the resolution and the application to the Iowa Department of Transportation for Recreational Trail Funds for the Northern Levee Path. Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital Improvement Program funds to provide the financial match required by this program should the application be approved by the Iowa Department of Transportation. Section 3. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use for a minimum of twenty (20) years following project completion. Section 4. That the City of Dubuque agrees to abide by all local, state, and federal requirements applicable to the proposed project. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of Regular Session, December 15, 1997 application for the American Heritage Rivers Initiative, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of agreement with IDOT to Joint and Crack Sealing on U.S. Highway #52, Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 509-97 RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF DUBUQUE RELATING TO JOINT AND CRACK SEALING OF NORTHBOUND U.S. 52 ON WHITE STREET BETWEEN 11TH AND 21ST STREET, AND ON 21ST STREET BETWEEN WHITE STREET AND CENTRAL AVENUE Whereas, the Iowa Department of Transportation is proposing to let a contract for joint and crack sealing of northbound U.S. 52 on White Street between 11th and 21st Street, and on 21st Street between White Street and Central Avenue for construction in 1998; and Whereas, Agreement No. 98-MP-080 establishes the relative responsibilities of I.D.O.T. and the City with respect to the work to be pertormed; and Whereas, the City's estimated share of the project along said portions of U.S. Highway 52 is estimated at $4,385.00; and Whereas, the City Council of the City of Dubuque approves the terms and conditions of said Cooperative Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Agreement No. 98-MP- 080, consisting of a Cooperative Agreement with the Iowa Department of Transportation and the City for joint and crack sealing of northbound U.S. 52 on White Street between 11th and 21st Street and on 21st Street between White Street and Central Avenue be approved. Section 2. That the Mayor be authorized and directed to execute two copies of the Cooperative Agreement and forward the executed copies to the Iowa Department of Transportation. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending execution of Memorandum of Understanding with United Clinical Lab, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 510-97 APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBUQUE AND UNITED CLINICAL LABORATORIES, INC. AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque has signed a contract with the Office of Housing & Urban Development (HUD) for 3.69 million dollars to be used for a lead based paint hazard reduction project in the city of Dubuque; and Whereas, the City of Dubuque must provide medical case management for all lead poisoned children in the city; and Whereas, the City of Dubuque must oversee blood lead levels of children living in residences enrolled in the lead hazard reduction program; and Whereas, the City of Dubuque will enter into an agreement with United Clinical Laboratories, Inc. to provide blood lead testing of children enrolled in the lead paint hazard reduction program and conduct training in phlebotomy for VNA staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Memorandum of Understanding by and between the City of Dubuque, Iowa and United Clinical Laboratories, Inc. is hereby approved. Section 2. That the City Manager or his designee is hereby authorized and directed to execute the Memorandum of Understanding for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of resolution designating Fiscal Officers for City of Dubuque, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 511-97 RESOLUTION AUTHORIZING CERTAIN DESIGNATED FISCAL OFFICERS OF THE CITY OF DUBUQUE TO EXECUTE ELECTRONIC INVESTMENT TRANSACTIONS WITH TREASURY DIRECT ON BEHALF OF THE CITY OF DUBUQUE Whereas, the City of Dubuque has established a book-entry account with Treasury Direct; and Whereas, the City of Dubuque invests short-term funds in U.S. Treasury securities through Treasury Direct; and Regular Session, December 15, 1997 Whereas, the City of Dubuque can improve cash management through electronic processing provided by Treasury Direct; and Whereas, Treasury Direct requires evidence of authorization by the City Council for certain fiscal officers to execute electronic investment transactions; and Whereas, the City Council has determined that the fiscal officers who may execute electronic investment transactions with Treasury Direct on behalf of the City of Dubuque are Administrative Services Manager Pauline Joyce, Finance Director Duane Pitcher and Deputy Finance Director Gerald Hird. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Administrative Services Manager Pauline Joyce, Finance Director Duane Pitcher and Deputy Finance Director Gerald Hird are hereby authorized to execute electronic investment transactions with Treasury Direct on behalf of the City of Dubuque. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Cily Manager submitting resolution granting approval of depository institutions for City of Dubuque funds, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 512-97 RESOLUTION NAMING DEPOSITORIES RESOLVED, that the City Council of the City of Dubuque, Iowa in Dubuque County, Iowa, approves the following list of financial institutions to be depositories of the City of Dubuque, Iowa funds in conformance with all applicable provisions of Iowa Code Chapter 453.2. The City Treasurer is hereby authorized to deposit the City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Depository Name Location of Home Office Maximum Balance American Trust & Savings Bank Dubuque, Iowa $40,000,000 Dubuque Bank & Trust Company Dubuque, Iowa $40,000,000 Mercantile Bank of Eastern Iowa Waterloo, Iowa $40,000,000 Firstar Bank Iowa NA Des Moines, Iowa $10,000,000 Dupaco Community Credit Union Dubuque, Iowa $10,000,000 CERTIFICATION. I hereby certify that the foregoing is a true and correct copy of a resolution of the City Council of Dubuque, Iowa adopted at a meeting of said public body, duly called and held on the 15th day of December, 1997, a quorum being present, as said resolution remains a record in the minutes of said meeting, and it is now in full force and effect. Dated this 15th day of December, 1997. s/Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Cily Manager recommending acceptance of Radford Road Reconstruction Project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 513-97 ACCEPTING IMPROVEMENT Whereas, the contract for the Radford Road Reconstruction Project from Pennsylvania Avenue to Chavenelle Drive 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 it 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 Street Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 514-97 FINAL ESTIMATE Whereas, the contract for the Radford Road Reconstruction Project from Pennsylvania Avenue to Chavenelle Drive 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 $804,926.17 and the said amount shall be paid from the Street Construction Fund of the City of Dubuque, Iowa. Section 2. That $62,689.97 of the cost thereof shall be assessable upon private property and $741,708.94 shall be paid from the Street Construction Fund. Passed, approved and adopted this 15th Regular Session, December 15, 1997 day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 515-97 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS That the attached sheet, 1 to 1 inclusive, is hereby determined to be the preliminary schedule of proposed assessments for the Radford Road Reconstruction Project from Pennsylvania Avenue to Chavenelle Drive and the valuations set out herein are hereby approved. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Cily Manager recommending acceptance of 1997 Curb Ramp Project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 516-97 ACCEPTING IMPROVEMENT Whereas, the contract for the 1997 Curb Ramp Construction Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it 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 Community Development Block Grant Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 517-97 FINAL ESTIMATE Whereas, the contract for the 1997 Curb Ramp Construction Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $84,972.46 and the said amount shall be paid from Community Development Block Grant Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. City Manager submitting Human Rights Performance Report as requested by Council, presented and read. Council Member Voetberg moved that the communication and report be received and filed. Seconded by Council Member Buol. Motion carried 7-0. Cily Manager submitting Delinquent Refuse & Sewer Accounts, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 518-97 Resolution Authorizing The Ci[y To Collect Delinquent Garbage And Refuse Collection Accounts In Accordance Wi[h Section 40-37 And 40-28 (d) Of The Code Of Ordinances Of The Ci[y Of Dubuque, Iowa Whereas, City garbage and refuse collection from residential premises, as defined in the Code of Ordinances of the City of Dubuque, Iowa, is mandatory; and Whereas, as of December 31st of each year delinquent garbage and refuse collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the persons named hereinunder, owning the property thereby set forth, are delinquent in the payment of refuse collection: NAME AND ADDRESS PROPERTY DESCRIPTION (Parcel No.l AMOUNT Dennis Rath 10-12-101-004 $150.87 679 Kennedy Ct. James/Helen Foht 10-12-358-007 282.07 723 Peru Rd. Ricky J. Hurst 10-12-177-005 280.58 3975 Inwood Dr. Gary Bernhard 10-12-201-003 290.23 1100 Roosevelt St. Gary Bernhard 10-12-201-003 282.63 1110 Roosevelt St. Dennis Clauer 10-11-380-006 312.70 318 Olympic Hgts. Rd. Vincent Erlich 10-11-378-003 282.24 333 Olympic Hgts. Rd. Regular Session, December 15, 1997 Donald L. Pope No lot description @ Court House 287.77 625 Louella Ln. Terry Cecil 10-12-358-001 287.80 671 Louella Ln. Mark Krolich 10-12-355-019 76.93 743 Louise St. Joanne Datisman 10-00-800-018 284.32 3556 Crescent Ridge Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment of refuse collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 519-97 Resolution Authorizing Collection Of Delinquent Sewer Accounts In Accordance Wi[h Sections 44-83 And 44- 86 Of The Code of Ordinances Of The Ci[y Of Dubuque, Iowa Whereas, Section 44-83 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rates or rentals upon all lots, parcels or real estate and buildings that are connected directly or indirectly with the sanitary sewer system; and Whereas, Section 44-86 of the Code of Ordinances provides that the City shall have a lien upon the real property served by the sanitary sewer system for all delinquent rates and charges; and Whereas, delinquent sewer charges shall be certifed as of December 31st each year by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons hereinafter named, owning the following described property, have unpaid sewer charges in the amount set out and that said charges are delinquent. NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT Dennis Rath 10-12-101-004 $332.40 679 Kennedy Ct. James/Helen Foht 10-12-358-007 644.37 723 Peru Rd. Ricky J. Hurst 10-12-177-005 640.88 3975 Inwood Dr. Gary Bernhard 10-12-201-003 683.38 1100 Roosevelt St. Dennis Clauer 10-11-380-006 137.43 318 Olympic Hgts Rd. Vincent Erlich 10-11-378-003 756.39 333 Olympic Hgts. Rd. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named herein are delinquent in the payment of sewer charges in the amounts set forth above and that said delinquent sewer charges shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the name of the property owner. Section 3. That the delinquent sewer charges shall be collected with, and in the same manner as, general property taxes as provided by law. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of Health Services Food Inspection State Contract, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 520-97 ADOPTION OF INTERAGENCY AGREEMENT A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE IOWA DEPARTMENT OF INSPECTIONS AND APPEALS FOR ENFORCEMENT OF THE FOOD SERVICE ESTABLISHMENT AND FOOD ESTABLISHMENT SANITATION, HOME FOOD ESTABLISHMENT, HOTEL INSPECTION AND VENDING MACHINE LAWS OF THE STATE OF IOWA. Whereas, the City of Dubuque and the Iowa Department of Agriculture entered into an agreement in January, 1979 whereby the CITY was authorized to enforce the Iowa Food Service Sanitation Code, the Iowa Hotel Sanitation Code, and the Iowa food and Beverage Machine Laws; and Whereas, said agreement has been amended for renewal each year and, most recently, automatic renewal with the Iowa Department of Inspections and Appeals; and Whereas, the agreement has been amended for the inspection of food establishments in July of 1989; and Whereas, the Iowa State Department of Inspections and Appeals has submitted a new interagency agreement for the enforcement of said laws which will continue in perpetuity unless canceled by either party; and Whereas, the City of Dubuque, Iowa wishes to enter into said interagency agreement with the Iowa Department of Inspections and Appeals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, Regular Session, December 15, 1997 hereby approves the attached Amendment to the Food Service and Food Establishment Sanitation, Hotel Inspections, Home Food Establishment, and Vending Machine Laws Memorandum of Understanding, which extends the term of agreement until it is canceled by either party. Section 2. The City Manager is hereby authorized and directed to execute said Memorandum on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Communication to area legislators supporting the reduction of employer's contribution rate to Municipal Police and Fire Retirement Systems, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending a Budget Amendment for Fire Department for purpose to purchase ECG/Defibrillation/Pacing equipment, presented and read. Council Member Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending to submit Local Housing Assistance Program Application, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 521-97 A RESOLUTION AUTHORIZING AN APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR LOCAL HOUSING ASSISTANCE PROGRAM FUNDS. Whereas, the Iowa Department of Economic Development has published notice of availability of funds under the Local Housing Assistance Program (CHAP); and Whereas, the Department has extended an invitation to the City of Dubuque to apply for these funds, based on review of a pre- application approved for submittal by the City Council in October; and Whereas, the Department of Economic Development is encouraging municipalities to promote housing assistance programs which complement local economic development activities; and Whereas, the Housing Services Department has offered a successful program of assistance to first-time homebuyers, utilizing funds provided through the HUD Community Development Block Grant (CDBG) Program; and Whereas, the Housing Trust Fund Committee has determined that "moderate- income" families (defined as earning 81-100 of area median income) continue to experience barriers to first-time homeownership, by reason of incomes which disqualify them for participation in the City's existing assistance programs; and Whereas, provision of homeownership opportunities to these working families is a necessary complement to the City's economic development efforts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. The Mayor is hereby authorized to execute this resolution in support of an application to the Department of Economic Development for Local Housing Assistance Program funds, to assist moderate-income families to purchase homes. Section 2. This resolution shall take effect immediately. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of application to conduct Historic Preservation Survey, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Carried by the following vote: Yeas-Council Members Buol, Krieg, Michalski, Nicholson, Voetberg. Nays-Mayor Duggan, Council Member Robbins. RESOLUTION NO. 522-97 RESOLUTION APPROVING THE SUBMISSION OF AN APPLICATION FOR CERTIFIED LOCAL GOVERNMENT FUNDING TO CONDUCT A HISTORIC PRESERVATION SURVEY. Whereas, the State Historical Society of Iowa has announced the availability of Certified Local Government (CLG grant program) funds; and Whereas, the evaluation and survey of properties are eligible activities for CLG funding; and Whereas. the State Historical Society has advised that a historic preservation survey is necessary for the renewal of a Memorandum of Agreement between the State and City for the purposes of conducting local Section 106 reviews; and Whereas, the City of Dubuque Historic Preservation Commission has reviewed and endorsed the proposed historic survey. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application for Certified Local Government Program funds to conduct a historic preservation survey is hereby approved. Section 2. That the Mayor is authorized Regular Session, December 15, 1997 and directed to sign and submit said application to the State Historical Society of Iowa. Section 3. That the City Manager is authorized to utilize Community Development Block Grant Funds to provide the required local match should the application be approved by the State Historical Society of Iowa. Section 4. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the Certified Local Government Grant Program. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Carried by the following vote: Yeas-Council Members Buol, Krieg, Michalski, Nicholson, Voetberg. Nays-Mayor Duggan, Council Member Robbins. City Manager recommending letters be forwarded to designated organizations to appoint the members of the local Enterprise Zone Committee, presented and read. Council Member Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Buol. Motion carried 7-0. City Manager recommending approval of Extension of CDBG Loan to Dubuque Data Services, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 523-97 RESOLUTION AUTHORIZING THE EXTENSION OF DUBUQUE DATA SERVICES COMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT Whereas, the City of Dubuque, Iowa assisted Dubuque Data Services Company with a Community Development Block Grant Loan which was approved on March 23 1987 and later amended on July 6, 1992; and Whereas, an extension of the loan agreement as amended has been requested by Dubuque Data Services; and Whereas, the City Council has determined that it is in the best interests of the public to provide the proposed loan extension. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Development Block Grant Loan Extension with Dubuque Data Services as attached hereto is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque upon said loan extension. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Passed, approved and adopted this 15th day of December, 1997 Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Carried by the following vote: Yeas-Council Members Buol, Krieg, Michalski, Nicholson, Voetberg. Nays-Mayor Duggan, Council Member Robbins. City Manager recommending letters be forwarded to designated organizations to appoint the members of the local Enterprise Zone Committee, presented and read. Council Member Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Buol. Motion carried 7-0. City Manager recommending approval of Extension of CDBG Loan to Dubuque Data Services, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 523-97 RESOLUTION AUTHORIZING THE EXTENSION OF DUBUQUE DATA SERVICES COMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT Whereas, the City of Dubuque, Iowa assisted Dubuque Data Services Company with a Community Development Block Grant Loan which was approved on March 23 1987 and later amended on July 6, 1992; and Whereas, an extension of the loan agreement as amended has been requested by Dubuque Data Services; and Whereas, the City Council has determined that it is in the best interests of the public to provide the proposed loan extension. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Development Block Grant Loan Extension with Dubuque Data Services as attached hereto is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque upon said loan extension. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Community Development Advisory Commission advising that Andrea Shickles- Shireman has submitted her resignation from the Community Development Advisory Commission and requesting Council make appointment to represent Census Tracts 5 Regular Session, December 15, 1997 and 3, presented and read. Council Member Voetberg moved that the communication be received and filed and approved the acceptance of the resignation. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of Amendment of 28E Agreement with Metropolitan Solid Waste Agency, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 524-97 RESOLUTION AMENDING SECTION VI OF THE INTERGOVERNMENTAL AGREEMENT CREATING THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY BY ADDING A NEW PARAGRAPH 6, ESTABLISHING A DEDICATED FUND FOR CLOSURE AND POSTCLOSURE COSTS FOR LANDFILLS. Whereas, the City of Dubuque has entered into an agreement with Dubuque County establishing Dubuque Metropolitan Area Solid Waste Agency (DMASWA); Whereas, the State of Iowa has required that Solid Waste Landfills must establish financial assurance for funding closure, postclosure care and corrective action at solid waste landfills; Whereas, the City of Dubuque has determined that the most effective method of establishing financial assurance for funding closure, postclosure care and corrective action at the Dubuque Metropolitan Area Solid Waste Agency is through establishment of a "dedicated fund" as defined by the Code of Iowa 567-111.6(8) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section VI of the Intergovernmental Agreement Creating The Dubuque Metropolitan Area Solid Waste Agency is hereby amended by adding a new paragraph 6. 6. Pursuant to Iowa Code, Chapter 567- 111.6(/~ "Financial Assurance Requirements for Municipal Solid Waste Landfills," the Board shall establish a dedicated fund to demonstrate financial assurance for closure, postclosure and corrective action costs, whichever is applicable, arising from the operation of the Agency landfill. This fund shall be funded forthe full amount of coverage or for part of the required amount of coverage and used in combination with other mechanism(s) that provide the balance of coverage. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 525-97 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 PERMITS James Theisen Local 94, UAW +(Sunday Sale) 3450 Central Ave CLASS'C' BEER PERMITS Rainbo Oil Com Kwik Stop Food Mart +(Sunday Sale) 2320 Hwy 61 Rainbo Oil Com Kwik Stop Food Mart +(Sunday Sale) 4039 Pennsylvania Angel Inv. Com. Casey's General Store + (Sunday Sale) 2699 Rockdale Rd Molo Oil Com Big 10 Mart + (Sunday Sale) 9th & Central Ave Passed, approved and adopted this 15th day December, 1997. Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 526-97 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'B' HOTEL/MOTEL BEER & LIQUOR LICENSE WCB Hotel, Inc. Hoffman House/3100 Club + (Sunday Sale) 3100 Dodge Kinseth Hotel Corp Holiday Inn 5-Flags + (Sunday Sale) 450 Main St Design Center, Inc. Julien Inn + (Sunday Sale) 200 Main CLASS'C' (COMMERCIAL) BEER & LIQUOR LICENSE Moracco Inc. Moracco + (Sunday Sale) 1413 Rockdale J D,BS,&SW Ltd Hooligan's Sport Bar + (Sunday Sale) 2600 Dodge St David H. Hoffman White House 450 W Locust Billy Bucks Inc Billy Bucks East Str Tap +(Sunday Sale) 521E 22nd St DBQ County Historical Soc. Ryan House +(Sunday Sale) 1375 Locust St Passed, approved and adopted this 15th day of December, 1997. Regular Session, December 15, 1997 Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. BOARDS AND COMMISSIONS: ZONING ADVISORY COMMISSION - Applicants: Eugene J. Bird, Jr., Don Lochner, Ron Smith. Vote on the appointment was as follows: Mayor Duggan voted for Smith. Council Member Buol voted for Smith. Council Member Krieg voted for Smith. Council Member Michalski voted for Smith. Council Member Nicholson voted for Bird. Council Member Robbins voted for Lochner. Council Member Voetberg voted for Smith. Therefore, Ron Smith appointed to the Zoning Advisory Comm. for an unexpired term which will expire 7-1-99. Council Member Robbins moved to suspend the rules to allow anyone present to address the Council. Seconded by Council Member Buol. Motion carried 7-0. Proof of publication certified to by the publisher certified to by the Publisher on Notice of Public Hearing to consider vacating and disposing of property between Bonnie Court and Dorothy' Kay Drive to Martin and Nancy McNamer, presented and read. Council Member Voetberg moved that the proof be received and filed. Seconded by Council Member Krieg. Motion carried 7-0. An Ordinance Vacating a part of Fremont Avenue between Bonnie Court and Dorothy Kay Drive and a part of North Cascade Road at the intersection of Cedar Cross Road and Bonnie Court, said Ordinance having been presented and read at the Council Meeting of 12-1-97 now presented for further action. Cascade Road at the intersection of Cedar Cross Road and Bonnie Court, are no longer required for public use, and vacating of said portions of said streets to be known as Lot 1A and Lot 13A of Block 3, and Lot 1A of Block 4, all in Fremont Heights, 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 1A and Lot 13A of Block 3, and Lot 1A of Block 4, all in Fremont Heights, in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. That the City 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, TV cable and electric lines as may be authorized by the City of Dubuque over and across Lot 1A and Lot 13A of Block 3, and a portion of Lot 1A of Block 4, as shown on the attached plat, all in Fremont Heights. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 19th day of December, 1998. 1t 12/19 Mary A. Davis CMC, City Clerk Council Member Voetberg 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. Seconded by Council Member Krieg. Motion canied 7-0. Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Krieg. Motion carried 7-0. (OFFICIAL PUBLICATION) ORDINANCE NO. 72-97 AN ORDINANCE VACATING A PART OF FREMONT AVENUE BETWEEN BONNIE COURT AND DOROTHY KAY DRIVE AND A PART OF NORTH CASCADE ROAD AT THE INTERSECTION OF CEDAR CROSS ROAD AND BONNIE COURT. Whereas, Martin J. McNamer has requested the vacating of a part of Fremont Avenue between Bonnie Court and Dorothy Kay Drive, and a part of North Cascade Road at the intersection of Cedar Cross Road and Bonnie Court; and Whereas, Buesing and Associates has prepared and submitted to the City Council a plat showing the vacated part of Fremont Avenue between Bonnie Court and Dorothy Kay Drive, and a part of North Cascade Road at the intersection of Cedar Cross Road and Bonnie Court, and assigned lot numbers thereto, which hereinafter shall be known and described as 1A and Lot 13A of Block 3, and Lot 1A of Block 4, all in Fremont Heights; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that part of Fremont Avenue between Bonnie Court and Dorothy Kay Drive, and a part of North City Manager recommending to proceed with sale of property, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Krieg. Motion carried 7-0. RESOLUTION NO. 527-97 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 8th day of December, 1997, the City Council of the City of Dubuque, Iowa, met on the 15th day of December, 1997, at 7:00 p.m. in the Public Library Auditorium, 11th and Locust St., Dubuque, Dubuque County, Iowa, to consider the proposal for the sale of real estate described as: Lot 1A and Lot 13A of Block 3, and Lot 1A of Block 4, all in Fremont Heights, in the Cily of Dubuque, Dubuque County, Iowa, to Martin J. and Nancy McNamer; and, Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written to the proposal to Regular Session, December 15, 1997 sell such real estate, except for easements as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1A and Lot 13A of Block 3, and Lot 1A of Block 4, all in Fremont Heights to Martin J. and Nancy McNamer (McNamers), be and the same is hereby approved for the sum of $26,412.00 plus cost of publication, platting, and filing fees. Conveyance shall be by Quit Claim Deed. No access shall be permitted on Bonnie Court, Cedar Cross Road, or North Cascade Road within 75 feet of Cedar Cross Road. Section 2. That the City 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, TV cable and electric lines as may be authorized by the City of Dubuque over and across Lot 1A and Lot 13A of Block 3 and part of Lot 1A of Block 4 as shown on the attached plat, all in Fremont Heights. Section 3. That the sale of said real estate be subject to the following terms and conditions: a. That there be no access to Lot 1A of Block 4 in Fremont Heights to Bonnie Court, Cedar Cross Road, nor North Cascade Road within 75 feet of its frontage from Cedar Cross Road. b. That the purchase price shall be $25,812.00. c. That Mr. McNamer release the City from any claims for damages to his adjacent property known as Lot 1, Block 4, of Fremont Heights, with respect to loss of street frontage resulting from the Cedar Cross Road and Fremont Avenue Reconstruction Project. d. That such terms and conditions shall be binding and McNamers and their successors and assigns. Section 4. That the City Manager be and is hereby authorized to execute a written agreement between the City and McNamers including said conditions. Section 5. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to McNamers upon receipt of the purchase price in full. Section 6. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and executed agreement in the office of the City Assessor, Dubuque County Recorder, and Dubuque County Auditor. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Krieg. Motion carried 7-0. Proof of publication certified to by the publisher certified to by the Publisher on Notice of Public Hearing to consider reclassifying property at 3285 Asbury Road from OR to C-2 District, Communications of Bette Weidenbacher and James C. Arlen opposing rezoning; Petition containing 13 signatures opposing the zoning change of property, presented and read. Council Member Buol moved that the proof, communication and petition be received and filed. Seconded by Council Member Michalski. Carried by the following vote: Yeas-Mayor Duggan, Council Members Buol, Michalski, Nicholson, Robbins, Voetberg. Nays-Council Member Krieg. Paul Fahey spoke requesting the C2 Zoning. Caren Vogt, 3290 Asbury, spoke objecting to rezoning request. Jim Busch, 3275 Asbury Rd., spoke endorsing the rezoning request. An Ordinance Amending Zoning Map by reclassifying property at 3285 Asbury Road from OR Office Residential District with Conditions to C-2 Neighborhood Shopping Center District, said Ordinance denied by Zoning Advisory Commission and set for hearing on November 17th with no readings given, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 73-97 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3285 ASBURY ROAD FROM OR OFFICE RESIDENTIAL DISTRICT WITH CONDITIONS TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described properly from OR Office Residential District to C-2 Neighborhood Shopping Center District, to wit: Lot 1 Powers Irish Plateau, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 19th day of December, 1997. 1t 12/19 Mary A. Davis CMC, City Clerk Council Member Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Regular Session, December 15, 1997 Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Council Member Michalski. Carried by the following vote: Yeas-Mayor Duggan, Council Members Buol, Michalski, Nicholson, Robbins, Voetberg. Nays-Council Member Krieg. Council Member Buol moved final consideration and passage of the Ordinance. Seconded by Council Member Michalski. Carried by the following vote: Yeas- Mayor Duggan, Council Members Buol, Michalski, Nicholson, Robbins, Voetberg. Nays-Council Member Krieg. Proof of publication certified to by the publisher certified to by the Publisher on Notice of Public Hearing to reclassifying property at 475 East 28th Street from R-2 and CS to LI District, Mrs. Robert Wiezoek and Mr. & Mrs. John C. Schroeder advising of their approval for rezoning as requested, Petition containing 33 signatures opposing the request to rezone property, presented and read. Council Member Robbins moved that the proof, communication and petition be received and filed. Seconded by Council Member Voetberg. Motion carried 7-0. Kelly Jackson and John Schroeder spoke in favor of the proposed rezoning. Jim Goetzinger spoke. Jim Goetzinger, 2739 Elm, spoke stating that a building should be built at 28th &Pinard for the children. A Petition with 24 signers requested approval of the rezoning of the property and L. Smothers endorsed rezoning of the corners lots on 27th &Pinard Sts., presented and read. Council Member Robbins moved that the petition be received and filed. Seconded by Council Member Voetberg. Motion carried 7-0. An Ordinance Amending Zoning Map by reclassifying property at 475 East 28th Street from R-2 Two-Family Residential District and CS Commercial Service and Wholesale District to LI Light Industrial District, denied by Zoning Advisory Commission, then set for hearing on November 17th with no readings given, presented and read. Council Member Nicholson moved that the Ordinance be tabled and referred to the Zoning Advisory Comm. Seconded by Council Member Michalski. Motion carried 7-0. Proof of publication certified to by the publisher certified to by the Publisher on Notice of Hearing on Plans and Specifications for Granger Creek Interceptor Sewer Extension Project, upon motion received and filed. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. Communication of David Leifker, Officer and Board Member, Dubuque County Conservation Society, objecting to proposed project, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 528-97 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 12th day of November, 1997, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Granger Creek Interceptor Sewer Extension. Whereas, notice of hearing on plans, specifcations, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. Proof of publication certified to by the publisher certified to by the Publisher on Notice to Bidders of the Receipt of Bids for project and City Manager recommending to award contract for project, presented and read. Council Member Buol moved that the proof and communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 529-97 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Granger Creek Interceptor Sewer Extension pursuant to Resolution No. 485-97 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 20th day of November, 1997. Whereas, said sealed proposals were opened and read on the 3rd day of December, 1997 and it has been determined that the bid of Langman Construction of Rock Island, Illinois in the amount of $984,773.86 was the lowest bid for the furnishings of all labor and materials and pertorming the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Langman Construction, subject to approval of an easement from the Iowa Department of Natural Resources, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete pertormance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and Regular Session, December 15, 1997 the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. Council Member Michalski moved to remove the following from the table. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 530-97 RESOLUTION WITH RESPECT TO THE ADOPTION OF AN AMENDMENT TO RESOLUTION OF NECESSITY NO 173-97 PROPOSED FOR THE 1997 PC CONCRETE PAVING PROJECT Whereas, the City Council has proposed an amendment to Resolution of Necessity No. 173-97 for the 1997 PC Concrete Paving Project, has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed amendment to Resolution of Necessity No. 173-97. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed amendment to Resolution of Necessity No. 173-97 described above is hereby: Adopted, without amendment, and all objections filed or made having been dully considered are overruled. Passed, adopted and approved this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Voetberg. Motion carried 7-0. Communication of Wm. Brown disagreeing with connection fee required by him to connect to water, presented and read. Council Member Nicholson moved that the communication be received and filed. Seconded by Council Member Voetberg. Motion carried 7-0. Whereas, the contract for the Cedar Cross/Fremont Avenue Intersection Reconstruction Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it 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 Street Construction Fund and Local Option Sales Tax Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Krieg. Motion carried 7-0. RESOLUTION NO. 532-97 FINAL ESTIMATE Whereas, the contract for the Cedar Cross/Fremont Avenue Intersection Reconstruction Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $982,567.78 and the said amount shall be paid from the Street Construction Fund and Local Option Sales Tax Funds of the City of Dubuque, Iowa. Section 2. That $94,835.31 of the cost thereof shall be assessable upon private property and $887,732.47 shall be paid from Street Construction Fund and Local Option Sales Tax Funds. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Krieg. Motion carried 7-0. Cily Manager recommending acceptance of Cedar Cross/Fremont Intersection Reconstruction Project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Krieg. Motion carried 7-0. RESOLUTION NO. 531-97 ACCEPTING IMPROVEMENT RESOLUTION NO. 533-97 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS That the attached sheets, 1 to 2 inclusive, are hereby determined to be the preliminary schedule of proposed assessments for the Cedar Cross/Fremont Avenue Intersection Reconstruction Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 15th Regular Session, December 15, 1997 day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Krieg. Motion carried 7-0. An Ordinance Amending Section 32- 262(D) of Code of Ordinances by prohibiting parking on designated streets or portions thereof adding certain portions of Cedar Cross Road and Fremont Avenue, said Ordinance having been presented and read on 12-1-97, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 74-97 AN ORDINANCE AMENDING SECTION 32- 262jD) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF ADDING CERTAIN PORTIONS OF CEDAR CROSS ROAD AND FREMONT AVENUE 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 Subsection (d) of Section 32-262 the following: Cedar Cross Road, both sides, from U.S. Highway 20 to Starlight Drive. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding to Subsection (d) of Section 32-262 the following: Cedar Cross Road, both sides, from U.S. Highway 20 to Starlight Drive and from North Cascade Road to a point 275 feet north of North Cascade Road. Fremont Avenue, both sides, from North Cascade Road to a point 450 feet east of North Cascade Road and from a point 575 feet north of the Fremont Avenue Bridge to a point 550 feet south of the Fremont Avenue Bridge. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 19th day of December, 1997. 1t 12/19 Mary A. Davis CMC, City Clerk Council Member Voetberg 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. Seconded by Council Member Krieg. Motion canied 7-0. Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Krieg. Motion carried 7-0. An Ordinance Creating a new Street Name for existing Frontage Road connecting Hill, Alpine, Nevada and Booth Street on the North side of Dodge St. (U.S. 20), as YM/YW Drive, said Ordinance having been presented and read at the Council Meeting of 12-1-97, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 75-97 AN ORDINANCE CREATING A NEW STREET NAME FOR THE EXISTING FRONTAGE ROAD CONNECTING HILL, ALPINE, NEVADA AND BOOTH STREETS ON THE NORTH SIDE OF DODGE STREET (U.S. 20) AS YM/YW DRIVE. Whereas, the City Council has approved the alignment of Dodge Street and the newly constructed frontage road connecting Hill, Alpine, Nevada and Booth Streets on the north side of Dodge Street (U.S. 20) in the City of Dubuque, Iowa; and Whereas, upon the final improvement plans prepared by the Iowa Department of Transportation appears a street known only as Dodge Frontage Road; and Whereas, the City Council desires to name this street as YM/YW Drive. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the frontage road north of Dodge Street (U.S. 20) connecting Hill, Alpine, Nevada and Booth Streets is hereby named YM/YW Drive; and Section 2. That the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon such street name, and to file notice of the naming of said street with the Recorder, Auditor and City Assessor of Dubuque County, Iowa. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 19th day of December, 1997. 1t 12/19 Mary A. Davis CMC, City Clerk Council Member Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Council Member Michalski. Motion carried 7-0. Council Member Robbins moved final consideration and passage of the Ordinance. Seconded by Council Member Michalski. Motion carried 7- 0. City Manager requesting amendment to Resolution of Necessity for 1996 P.C. Concrete Paving Project No. 2, Clarke Drive & Heeb St., presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 534-97 RESOLUTION AMENDING RESOLUTION OF NECESSITY NO. 203-96 FOR THE 1996 P.C. CONCRETE PAVING PROJECT Whereas, on the 3rd day of June, 1996, the City Council of the City of Dubuque, Iowa adopted Resolution of Necessity No. 203-96 forthe 1996 P.C. Concrete Paving Project #2; Regular Session, December 15, 1997 and Whereas, in the course of the construction it was found necessary to replaced additional lead water service laterals with copper pipe; and Whereas, in order to construct said water service laterals, abandon said lead water service laterals and install five copper water service laterals as required by Plumbing Code, a new preliminary plat and schedule has been prepared showing the additional amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the 1996 P.C. Concrete Paving Project #2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the foal consideration of this proposed resolution have on file with the City Clerk objections to the amendments to Resolution of Necessity No. 203-96, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. That the cost and expense of extending the public watermain and five copper water service laterals will be assessed against the benefitted properties, in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from Local Option Sales Tax Funds, and Special Assessment Bonds may be issued in anticipation of deferred payments of assessments when a contract has been pertormed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and order placed on file with the City Clerk this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 535-97 FIXING DATE OF HEARING ON AMENDMENT TO RESOLUTION OF NECESSITY NO. 203-96 FOR THE 1996 P.C. CONCRETE PAVING PROJECT #2 Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the 1996 PC Concrete Paving Project #2; and, Whereas, the proposed amendment to Resolution of Necessity No. 203-96 for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 19th day of January, 1998, a public hearing will be held at 7:00 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of an amendment to Resolution of Necessity No. 203-96 and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days priorto the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amendment to Resolution of Necessity No. 203-96 they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 536-97 RESOLUTION AMENDING PRELIMINARY SCHEDULE OF ASSESSMENTS FOR THE 1996 P.C. CONCRETE PAVING PROJECT #2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 1 inclusive, are hereby added to the schedule of proposed assessments as adopted by Resolution No. 168-96 filed in Treasurer's office on May 6, 1996 forthe 1996 PC Concrete Paving Project #2 and the valuations set out herein are hereby approved. Passed, approved and adopted this 15th day of December, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. Mayor Duggan and the Council Members expressed recognition and appreciation to Council Member Katie Krieg whose term ends 12/31/97. At 9:08 p.m. Council Member Krieg moved to into Closed Session In accordance with Chapter 21.5 1.Q) To discuss purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Nicholson. Motion carried Regular Session, December 15, 1997 ~-o. Council reconvened Regular Session at 9:38 p.m. with statement that Staff had been given direction. There being no further business, Council Member Krieg moved to adjourn. Seconded by Council Member Michalski. Motion carried Council Members 7-0. The meeting adjourned at 9:39 p.m. Attest: Mary A. Davis CMC City Clerk City Clerk Approved .1998 Adopted 1998 Mayor