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Proof proceedings 9 3 2002Seconded by Connors. Motion carried 7-0. High Bluff Sanitary Sewer Project - Acceptance: City Manager recommending acceptance of the High Bluff Sanitary Sewer Project as completed by Drew Cook & Sons Excavating, Inc. in the final contract amount of $126,846.09, upon motion received and filed. Buol moved adoption of Resolution No. 439-02 Accepting .improve- ment and Resolution No. 440- 02 Establishing final contract amount. Seconded by Connors. Motion carried 7-0. Rental Agreement with Dubuque Hockey, Inc.: City Manager recommending approval of an agreement with Dubuque Hockey, Inc. (Thunderbirds) for use of the Five Flags Center for the 2002 - 2003 season, upon motion received and filed and approved recommendation. FONSI/Final Section 4(f) Statement - U.S. 20 Across the Mississippi River: The "Finding of No Significant Impact" (FONSI) and Final Section 4(f) Statement for the capacity improvement of U.S. 20 across the Mississippi River is available for review in the Public Works Director's office, upon motion received and filed. EDA Application: City Manager recommending approval of an application to the Economic Development Administration (EDA) for a $1.75 million grant for the acquisition and relocation of the Adams Company, upon motion received and filed. Buol moved adoption of Resolution No. 441-02 Authorizing the filing of an application to the Economic Development Administration. Seconded by Connors. Motion carried 7-0. Right -of -Way Encroachment - Bricktown: City Manager recommending approval of a request from The Cooper Company - Bricktown to install a three-foot tall decorative wall on the public right-of-way at Third and Locust.Streets, upon motion received an approved. Business License Refunds: Sumba) Corporation request- ing a refund of their Class "C" Beer Permit in the amount of $56.25, upon motion received and filed and approved refund. Dennis Murray, Galaxies, requesting a refund of their Cigarette License in the amount of, $75.00, upon motion received and filed and approved refund. Business Licenses: Buol moved adoption of Resolution No. 442-02 Granting the issuance of a Class "C" Beer Permit to Family Mart and Five Point Mart and Resolution No. 443-02 Granting the issuance of a Class "C' Beer/Liquor License to Players Sorts Bar. Seconded by Connors. Motion carried 7-0. Ice Harbor West Road/Trail Project: City Manager recom- mending that the receipt of bids date for the Ice Harbor West Road and Trail Project be changed from September 5, 2002 to September 10, 2002 and that Resolution No. 415- 02 Ordering bids be rescinded, upon motion received and filed and approved recommenda- tion. Buol moved adoption of Resolution No. 444-02 Ordering bids. Seconded by appointed to the unexpired three year term to expire 7/1/03 representing the Cathedral District. Housing Commission (Three 3-year terms to expire 8/17/05): Applicant: Floy. Schneider (also on Long Range Planning Advisory Commission). Upon ,motion Mr. Schneider not appointed as he is on the Long Range Planning Commission. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. Raven Oaks - Request to Vacate: Proof of publication on notice of hearing and City Manager recommending approval of the request of Joseph C. Weis, Arbor Glen Limited Partnership, for the vacation of the proposed extension of Raven Oaks Drive. to allow them to proceed with their development at the end of Raven Oaks, upon motion received and filed. Ordinance No. 65-02 Vacating the portion of Raven Oaks Drive platted in Oak Brook Development, pre- sented and read. Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7-0. Markham moved adoption of Resolution No. 445-02 Disposing of City inter- est in Lot A of Oak Brook Development, Dubuque, Iowa. Seconded by Buol. Motion carried 7-0. Hughes Court - Request to Rezone: Proof of publication on notice of hearing to consid- er rezoning property located at 3197 Hughes Court from AG Agricultural District to LI Light Industrial District at the request of Schneider Land Surveying/Kevin Kirpes and Zoning Advisory Commission recommending approval, upon motion received and filed. Robert Kirpes, 419 Winona St., spoke in favor of the proposed rezoning. Ordinance No. • 66-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the end of Hughes Court from AG Agricultural District to LI Light Industrial District, presented and read. Buol moved that the require- ment that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final con- sideration and passage of the Ordinance. • Seconded by Nicholson. Motion carried 7-0. 3925 Dodge Street - Request to Rezone: Proof of publica- tion on notice of hearing to consider rezoning property located at 3925 Dodge Street from C-3 General Commercial District to PC Planned Commercial District at the request of Tom Luksetich / Luksetichand Smith,..LLC and Zoning Advisory Commission recommending approval, upon motion received and filed. Tom Luksetich, 2744 Linda Ct., spoke in favor of the pro- drdinance No. -68-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the southwest cor- ner of Sunny Slope Drive an. Camelot Drive from R-4 Multi - Family Residential District to R-3 Moderate Density Multi - Family Residential District, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Rhomberg Avenue - Request to Rezone: Proof of publica- tion on notice of hearing to consider rezoning property located at 2701, 2705 and 2711 Rhomberg Avenue from R-1 Single Family Residential District to CR Commercial Recreation District and CS Commercial Service and Wholesale District at the request of the City of Dubuque and Zoning Advisory Commission recommending approval, upon motion received and filed. Ordinance No. 69-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the end of Rhomberg Avenue from R-1 Single Family Residential District to CS Commercial Service and Wholesale District and CR Commercial Recreation District, with conditions, pre- sented and read. Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Zoning Ordinance - Text Amendment: Proof of publica- tion on notice of hearing to consider a text amendment to the Zoning Ordinance by removing the provision that states no accessory building shall exceed one floor level at the request of the City of Dubuque and Zoning Advisory Commission recommendin. approval, upon motion received and filed. Ordinance No. 70-02 Amending Section 4-1.1(C) of the Zoning Ordinance of the City of Dubuque Code of Ordinances by removing the provision that states no accessory building shall exceed one (1) floor level, presented and read. Cline moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Flora Pool Painting Project: Proofs of publication on notice of hearing on plans and speci- fications and notice to bidders on the receipt of bids, and City Construction Project to Portzen Construction, Inc., upon motion received and filed. Cline moved adoption of Resolution No. 450-02 Adopting plans and specifica- tions for the project and Resolution No. 451-02_ Awarding contract to Portzen Construction, Inc. Seconded by Nicholson. Motion carried 7-0. Education and Conference Center - Bid Package #3: Proofs of publication on notice of hearing on plans and speci- fications and notice to bidders on the receipt of bids, and City_ Manager recommending award of the contract for the Education and Conference Center - Bid Package #3 Project to J.P. Cullen and Sons, Inc., upon motion received and filed. Buol moved adoption of Resolution No. 452-02 Adopting plans and specifications for the project and Resolution No. 453-02 Awarding contract to J.P. Cullen and Sons, Inc. Seconded by Nicholson. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Request for ..Proposals - Dubuque Star Brewery Building: City Manager requesting authorization to invite The Alexander Company team and the Platinum Hospitality team to respond to a Request for Proposals (RFP) for redevelopment of the for- mer Dubuque Star Brewery Building, upon motion, received and filed. Fran Henkels, Dubuque Star Brewing Company, addressed the Council and requested that the Company be allowed to respond to the Request for Proposals for the project. Buol moved to approve the recommendation and that Dubuque Star Brewing _ Company also be invited to submit a response to the Request for Proposed. Seconded by Nicholson. Motion carried 7-0. Residential Parking Permit District - Green Street and Avoca Street: City Manager recommending that a petition to establish a Residential_ Parking Permit District in the Senior High School area be denied as none of the through streets included in the petition reached the necessary parking occupancy level, presented and read. Nicholson moved to table this matter for six weeks and do another traffic study and count. Seconded by_ Cline. Motion failed due to the following vote: Yeas — Nicholson, Cline. Nays — Connors, Duggan, Markham, Michalski, Buol. Markham moved to receive and file and approve the recommendation to deny. Seconded by Buol. Motion carried 7-0. John F. Kennedy Road Removal of "No Parking" Restriction: City Manager rec- ommending that the current parking restriction on John F. Kennedy Road be amended to allow parking from 230 feet north of Spring Valley Road to 360 feet south of the Northwest Arterial, upon motion received and filed. An - Ordinance Amending Section 32-262 (d) of the City of Dubuque Code of Ordinances, prohibiting parking on desig- nated streets or portions district, presented and read. Buol moved that the require- ment that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final con- sideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Historic District Public Improvement Program: City Manager and Historic Preservation Commission rec- ommending approval of the Historic District Public Improvement Program guide- lines providing matching grants on a competitive basis to neighborhood associations and neighborhood groups for streetscape improvements in the City's five historic districts, upon motion received and filed and approved recommenda- tion. Dubuque County's Proposed Land Development Plan and Map: Long Range Planning Commission submitting com- ments on Dubuque County's proposed land development plan and map and recom- mending City Council approval of the Commission's recom- mendations, presented and read. Buol moved that the communication be receive. and filed and approved rec- ommendation. Seconded by Nicholson. No vote taken on the motion. Michalski then moved to table this and go back to the County and share concerns. Seconded by Markham. Carried by the fol- lowing vote: Yeas —Cline Connors, Duggan, Markham, Michalski. Nays—Buol, Nicholson. Homeownership Assistance Funds: City Manager recom- mending sponsorship of an application for $250,000 to the Federal Home Loan Bank (FHLB) for Affordable Housing Program funds to assist income -qualifying families to purchase a home, upon motion received and filed. Cline moved adoption of Resolution No. 454-02 Authorizing sponsorship of an application to the Federal Home Loan Bank of Des Moines for Affordable Housing Program funds. Seconded by Michalski. Motion carried 7-0. FLYDBQ Campaign: City Manager recommending approval of a request from the Airport. Commission for fund- ing in the amount of $35,000 for the FLYDBQ Campaign, upon motion received and filed and approved. National League of Cities: Request from the National League of Cities for appoint- ment of a Voting Delegate and Alternate Voting Delegate for the National League of Cities Annual Business Meeting on Saturday, December 7, 2002, upon motion designated Council Member Nicholson as the delegate with Council Member Buol as Alternate Delegate. Code of Ordinance Review: City Manager requesting Council direction regarding the process to be used for updat- ing the City's Code of Ordinances, upon motion received and filed and directed that monthly reports be made, highlighting the summary of changes. ITEMS TO BE SET FOR PUBLIC HEARING Anuen m ve, upootion received Motion carried 7-0 and filed. Michalski moved adoption of Resolution No. 456-02 of Intent to dispose of City interest in Lot 31A of Eagle Point, Lot 1, Lot 2, and Lot 3 of Eagle Point No. 2, Dubuque, Iowa and further set it for Public Hearing on 9/16/02 at a meeting to corn- mence at 6:30 P.M. in the pub-_ lic library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. Old Mill Road - Vacating Request: City Manager rec- ommending that a public hear- ing be set for September 16, 2002 to consider a request from David S. Hartig, Jr., for the vacating of a portion of Old Mill Road, upon motion received and filed. Michalski moved adoption of Resolution No. 457-02 Approving plat of proposed vacated Old Mill Road. Seconded by Markham. Motion carried 7-0. Ordinance No. 73-02 Vacating_ a portion of Old Mill Road, pre- sented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration - and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Michalski moved adoption of Resolution No. 458-02 of Intent to dis- pose of City interest in Lot A of Old Mill Place in the City of Dubuque, Dubuque County, Iowa and further set this for Public Hearing on 9/16/02 at a_ meeting to commence at 6:30 P.M. in the public library audi- torium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. Ailey Between Iowa Street and Central Avenue - Request to Vacate: City Manager rec-_ ommending that a public hear- ing be set for September 16, 2002 to consider a request from Dubuque Bank and Trust to vacate the alley between Iowa Street and Central Avenue from 13th Street to 14th Street and to establish the purchase • price, upon motion received and -filed__. Michalski moved adoption of Resolution No. 459-02 Approving plat of proposed vacated alley between Iowa Street and Central Avenue from 13th Street to 14th Street. Seconded by Markham. Motion carried 7-0. Ordinance No. 74-02 Vacating the alley between Iowa Street_ and Central Avenue from 13th Street to 14th Street, present- ed and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur,. ther moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Michalski moved adoption of Resolution No. 460-02 of Intent to dis- pose of City interest in City Lot 449A Dubuque, Iowa and fur- ther set this for Public Hearing on 9/16/02 at a meeting to - commence at 6:30 P.M. in the public library auditorium and Flora Park Rest Room Project - Initiate: City Manager recom- mending initiation of the bid- ding process for the Flora Park Rest Room Project and that a public hearing be set for October 7, 2002, upon motion received and filed. Michalski moved adoption of Resolution No. 462-02 Preliminary approval of plans and specifi- cations; Resolution No. 463- 02 Fixing date of hearing on plans and specifications for 10/7/02 at a meeting to com- mence at 6:30 P.M. in the pub- lic library auditorium and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 464-02 Ordering bids. Seconded by Markham. Motion carried 7-0. Dubuque Girls' Independent League Ballfield Fencing Project - Initiate: City Manager recommending initiation of the bidding process for the Dubuque Girls' Independent League Ballfield Fencing Project (Riprow Valley) and that a public hearing be set for October 7, 2002. upon motion received and filed. Michalski, moved adoption of Resolution No. 465-02 Preliminary approval of plans and specifi- cations; Resolution No. 466- 02 Fixing date of hearing on plans and specifications for 10/7/02 at a meeting to com- mence at 6:30 P.M. in the pub- lic library auditorium and that the City Clerk publish notice in_ the manner prescribed by law and Resolution No. 467-02 Ordering bids. Seconded by Markham. Motion carried 7-0. First Street and Main Street Lighting Project - Initiate: City Manager recommending initia- tion of the bidding process for the First Street and Main Street Lighting Project and that a public hearing be set for October 7, 2002, upon motion received and filed. Michalski moved adoption of Resolution No. 468-02 Preliminary approval of plans and specifi- cations; Resolution No. 469- 02 Fixing date of hearing on plans and specifications for 10/7/02 at a meeting to com- mence at 6:30 P.M. in the pub- lic library auditorium and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 470-02 Ordering bids. Seconded by Markham. Motion carried 7-0. Port of Dubuque Phase #3 (Utilities) Project - Initiate: City Manager recommending initia = tion of the bidding process for the Port of Dubuque Phase #3 (Utilities) Project and that a public hearing be set for October 7, 2002, upon motion received and filed. Michalski moved adoption of Resolution No. 471-02 Preliminary approval of plans and specifi- cations; Resolution No. 472 02 Fixing date of hearing on plans and specifications for 10/7/02 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner pre- scribed by law and Resolution No. 473-02 Ordering bids. Seconded by Markham. i Motion carried 7-0. There being no further busi- ness, upon motion meeting adjourned at 8:40 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 9/11 STATE OF IOWA DUBUQUE COUNTY I, { SS: CERTIFICATION OF PUBLICATION TAMMY M. FELDMANN a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates ,° /71 i'er if , 20 C, , and for which the charge is $ .3/ %, to 2 . Subscribed to before me, a '7tary Public in a d for Dubuque County, Iowa, this / 94" day of 20 D (A; Notary Public in and for Dubuque County,iwa MARY K. WtSTERMEYER Commleelon Number 154885 My Comm. Exp. FEB. 1, 2005 motion received and filed. Architectural Guidelines for Historic Structures: Historic Preservation Commission rec- ommending Council approval_ of revisions to the City's Architectural Guidelines for Historic Structures which the City Council adopted on March 20, 2002, upon motion received and filed and approved recommendation. Lead Paint Training Instruction Agreement: City Manager recommending_ approval of a Lead Paint Training Instruction Agreement with Tucker Enterprises LLC to perform training under the lead hazard reduction program, upon motion received and filed and approved recommenda- tion. Special Events Grant Program: City Manager rec- ommending approval of revised criteria for a Special Events Grant Program for events held on public right-of- way that require insurance, upon motion received and filed and approved recommenda- tion. Iowa Department of Public Health Childhood Lead Poisoning Funding and Agreement with the Visiting Nurse Association: City Manager recommending approval of a contract with the Iowa Department of Public =Health for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the Dubuque Visiting Nurse Association for services relat- ed to the CLPPP, upon motion received and filed. Buol moved adoption of Resolution No. 437-02 Authorizing the City Manager or his designee to sign a contract with the Iowa Department of Public Health and an agreement with the Dubuque Visiting Nurse Association. Seconded by Connors. Motion carried 7-0. Jackson Street and West Locust Street Resurfacing Project: City Manager recom- mending award of the contract. for the Jackson Street and West Locust Street Resurfacing Project to River City Paving, upon motion received and filed. Buol moved adoption of Resolution No. 438-02 Awarding contract to River City Paving. Seconded by Connors. Motion carried 7-0. High Bluff Sanitary Sewer Project - Acceptance: City Manager recommending acceptance of the High Bluff Sanitary Sewer Project as completed by Drew Cook & Sons Excavating, Inc. in the final contract amount of $126,846.09, upon motion received and filed. Buol moved adoption of Resolution No. 439-02 Accepting improve- ment and Resolution No. 440- 02 Establishing final contract amount. Seconded by Connors. Motion carried 7-0. Rental Agreement with Dubuque Hockey, Inc.: City Manager recommending approval of an agreement with Dubuque Hockey, Inc. (Thunderbirds) for use of the Five Flags Center for the 2002 - 2003 season, upon motion received and filed and approved recommendation. FONSI/Final Section 4(f) Statement - U.S. 20 Across the Mississippi River: The "Finding of No Significant Impact" (FONSI) and Final Section 4(f) Statement for the capacity improvement of U.S. 20 across the Mississippi River ' is available for review in the Public Works Director's office, upon motion received and filed. EDA Application: City Manager recommending approval of an application to the Economic Development Administration (EDA) for a $1.75 million grant for the ' acquisition and relocation of the Adams Company, upon Motion received and filed. Buol moved adoption of Resolution No. 441-02 Authorizing the filing of an application to the Economic Development Administration. Seconded by Connors. Motion carried 7-0. Right -of -Way Encroachment - Bricktown: City Manager recommending approval of a request from The Cooper Company - Bricktown to install a three-foot tall decorative wall on the public right-of-way at • Third and Locust.Streets, upon • motion received an. approved. Business License Refunds: ' Sumba! Corporation request- ing a refund of their Class "C" Beer Permit in the amount of $56.25, upon motion received ' and filed and approved refund. Dennis Murray, Galaxies, requesting a refund of their • Cigarette License in the amount of, $75.00, upon motion received and filed and approved refund. Business Licenses: Buol moved adoption of Resolution No. 442-02 Granting the issuance of a Class "C" Beer Permit to Family Mart and Five Point Mart and Resolution No. -443-02 Granting the issuance of a Class "C" Beer/Liquor License to Players Sorts Bar. Seconded by Connors. Motion carried 7-0. Ice Harbor West Road/Trail Project: City Manager recom- mending that the receipt of bids date for the Ice Harbor West Road and Trail Project be changed from September 5, 2002 to September 10, 2002 and that Resolution No. 415- 02 Ordering bids be rescinded, upon motion received and filed And approved recommenda- • tion. Buol moved adoption of Resolution No. 444-02 Ordering bids. Seconded by Connors. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the fol- lowing Commissions: Airport Commission (One 4- year term to expire 9/14/06). Applicants: Steven R. Accinelli, Evan W. Fleisher. Mr. Accinelli spoke requesting consideration for appointment. Mr. Fleisher had conveyed he was unable to be in atten- dance. Environmental Stewardship Commission (Two 3-year terms to expire 10/1/05); Applicant: William L. Niemann. No one spoke. Housing Commission (Two 3- year terms to expire 8/17/05); Applicant: Thomas P. Swift, II. No one spoke. TV Cable Regulatory Commission (One 3-year vacant term through 6/30/04). Applicant: Kevin Nekvinda. Mr. Nekvinda spoke request- ing consideration for appoint- ment. TV Cable Community Teleprogramming Commission (Two 3-year terms to expire 6/30/05 and two vacant 3-year terms through 6/30/03). Applicant: Carol Hoverman, OSF. No one spoke. Appointments to the follow- ing Commissions: Historic Preservation Commission (Three 3-year unexpired terms); Applicant: Christopher R. Scheopner (Cathedral District). Upon motion Mr. Scheopner appointed to the unexpired three year term to expire 7/1/03 representing the Cathedral District. Housing Commission (Three 3-year terms to expire 8/17/05): Applicant: Floy. Schneider (also on Long Range Planning Advisory Commission). Upon •motion Mr. Schneider not appointed as he is on the Long Range Planning Commission. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. Raven Oaks - Request to Vacate: Proof of publication on notice of hearing and City Manager recommending approval of the request of Joseph C. Weis, Arbor Glen Limited Partnership, for the vacation of the proposed extension of Raven Oaks Drive to allow them to proceed with their development at the end of Raven Oaks, upon motion received and filed. Ordinance No. 65-02 Vacating the portion of Raven Oaks Drive platted in Oak Brook Development, pre- sented and read. Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7-0. Markham moved adoption of Resolution No. 445-02 Disposing of City inter- est in Lot A of Oak Brook Development, Dubuque, Iowa. Seconded by Buol. Motion carried 7-0. Hughes Court - Request to Rezone: Proof of publication on notice of hearing to consid- er rezoning property located at 3197 Hughes Court from AG Agricultural District to LI Light Industrial District at the request of Schneider Land Surveying/Kevin Kirpes and Zoning Advisory Commission recommending approval, upon motion received and filed. Robert Kirpes, 419 Winona St., spoke in favor of the proposed rezoning. Ordinance No. 66-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the end of Hughes Court from AG Agricultural District to LI Light Industrial District, presented and read. Buol moved that the require- ment that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final con- sideration and passage of the Ordinance. • Seconded by Nicholson. Motion carried 7-0. 3925 Dodge Street - Request to Rezone: Proof of publica- tion on notice of hearing to consider rezoning property located at 3925 Dodge Street from C-3 General Commercial District to PC Planned Commercial District at the request of Tom Luksetich / Luksetich and Smith, .LLC and Zoning Advisory Commission recommending approval, upon motion received and filed. Tom Luksetich, 2744 Linda Ct., spoke in favor of the pro- posed rezoning. Ordinance No. 67-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the northwest cor- ner of U.S. Highway 20 and North Crescent Ridge from C- 3 General Commercial District to PUD Planned Unit Development District with PC Planned Commercial District designation and adopting a conceptual development plan, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Sunny Slope Drive - Request to Rezone: Proof of publication on notice of hearing to consid- er rezoning property located at 2193/2195 and 2197/2199 Sunny Slope Drive (southwest corner of Camelot Drive and Sunny Slope Drive) from R-4 Multi -Family Residential District to R-3 Moderate Density Residential District at the request of Ken Moore and Zoning Advisory Commission recommending approval, upon motion received and filed. Ken Moore, 816 Vine St., Maquoketa, IA spoke in favor of the proposed rezoning. Ordinance No. 68-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the southwest cor- ner of Sunny Slope Drive an. Camelot Drive from R-4 Multi - Family Residential District to R-3 Moderate Density Multi - Family Residential District, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Rhomberg Avenue - Request to Rezone: Proof of publica- tion on notice of hearing to consider rezoning property located at 2701, 2705 and 2711 Rhomberg Avenue from R-1 Single Family Residential District to CR Commercial Recreation District and CS Commercial Service and Wholesale District at the request of the City of Dubuque and Zoning Advisory Commission recommending approval, upon motion received and filed. Ordinance No. 69-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the end of Rhomberg Avenue from R-1 Single Family Residential District to CS Commercial Service and Wholesale District and CR Commercial Recreation District, with conditions, pre- sented and read. Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Zoning Ordinance - Text Amendment: Proof of publica- tion on notice of hearing to consider a text amendment to the Zoning Ordinance by removing the provision that states no accessory building shall exceed one floor level at the request of the City of Dubuque and Zoning Advisory Commission recommendin. approval, upon motion received and filed. Ordinance No. 70-02 Amending Section 4-1.1(C) of the Zoning Ordinance of the City of Dubuque Code of Ordinances by removing the provision that states no accessory building shall exceed one (1) floor level, presented and read. Cline; moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Nicholson._ Motion carried 7-0. Flora Pool Painting Project: Proofs of publication on notice of hearing on plans and speci- fications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Flora Pool Painting Project to Fred Jackson Tuckpointing,-- upon motion received and filed. Cline moved adoption of Resolution No. 446-02 Adopting plans and specifica- tions for the project; and Resolution No. 447-02 Awarding contract to Fred Jackson Tuckpointing. Seconded by Nicholson. Motion carried 7-0. West Locust Storm Sewer Improvements: Proofs of pub- lication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the West Locust Storm Sewer Improvement Project to Connolly Construction, upon` motion received and filed. Markham moved adoption of Resolution No. 448-02 Adopting plans and specifica- tions for the project and Resolution No. 449-02 Awarding contract to Connolly Construction. Seconded by Nicholson. Motion carried 7- 0. Hotel Conference Center Parking Lots and Fifth Street Construction Project: Proofs of publication on notice of hearing on plans and specifi- cations and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the_ Hotel Conference Center Parking Lots and Fifth Street Construction Project to Portzen Construction, Inc., upon motion received and filed. Cline moved adoption of Resolution No. 450-02 Adopting plans and specifica- tions for the project and Resolution No. 451-02_ Awarding contract to Portzen Construction, Inc. Seconded by Nicholson. Motion carried 7-0. ' Education and Conference Center - Bid Package #3: Proofs of publication on notice of hearing on plans and speci- fications and notice to bidders on the receipt of bids, and City_ Manager recommending award of the contract for the Education and Conference Center - Bid Package #3 Project to J.P. Cullen and Sons, Inc., upon motion received and filed. Buol moved adoption of Resolution No. 452-02 Adopting plans and specifications for the project_ and Resolution No. 453-02 Awarding contract to J.P. Cullen and Sons, Inc. Seconded by Nicholson. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Request for .Proposals - Dubuque Star Brewery" Building: City Manager requesting authorization to invite The Alexander Company team and the Platinum Hospitality team to respond to a Request for Proposals (RFP) for redevelopment of the for- mer Dubuque Star Brewery Building, upon motion received and filed. Fran Henkels, Dubuque Star Brewing Company, addressed the Council and requested that the Company be allowed to respond to the Request for Proposals for the project. Buol moved to approve the recommendation and that Dubuque Star Brewing_ Company also be invited to submit a response to the Request for Proposed. Seconded by Nicholson. Motion carried 7-0. Residential Parking Permit District - Green Street and Avoca Street: City Manager recommending that a petition to establish a Residential Parking Permit District in the Senior High School area be denied as none of the through streets included in the petition reached the necessary parking occupancy level, presented and read. Nicholson moved to table this matter for six weeks and do another traffic study and count. Seconded by_ Cline. Motion failed due to the following vote: Yeas — Nicholson, Cline. Nays — Connors, Duggan, Markham, Michalski, Buol. Markham moved to receive and file and approve the recommendation to deny. Seconded by Buol. Motion carried 7-0. John F. Kennedy Road -. Removal of "No Parking" Restriction: City Manager rec- ommending that the current parking restriction on John F. Kennedy Road be amended to allow parking from 230 feet north of Spring Valley Road to 360 feet south of the Northwest Arterial, upon motion received and filed. An - Ordinance Amending Section 32-262 (d) of the City of Dubuque Code of Ordinances, prohibiting parking on desig- nated streets or portions thereof by deleting portions of John F. Kennedy Road, pre- sented and read. . Buol moved that the requirement that a proposed Ordinance be_ considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Nicholson. Vote on the motion was as follows: Yeas—Buol, Cline, Connors, Duggan, Markham. Nays — Michalski, Nicholson. Motion failed due to lack of 3/a vote. Buol moved that this be con- sidered the first reading of the Ordinance. Seconded by Markham. Carried by the fol- lowing vote: Yeas—Buol, Cline, Connors, Duggan, Markham. Nays —Michalski,,, Nicholson. Alternate Side Street Parking Ordinance: City Manager rec- ommending approval of changes to Section 32-285 of the Code of Ordinance to allow the City Manager the discretion of establishing park- ing restriction hours in the Alternate Side Street Parking_ District designated by the City Council, upon motion received and filed. Ordinance No. 71- 02 Amending City of Dubuque Code of Ordinances Section 32-285 Alternate Side Street Parking by establishing an Alternate Side Street Parking District and authorizing the City Manager to establish time restrictions for parking in the district, presented and read. Buol moved that the require- ment that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final con-® sideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Historic District Public Improvement Program: City Manager and Historic Preservation Commission rec- ommending approval of the Historic District Public Improvement Program guide lines providing matching grants on a competitive basis to neighborhood associations and neighborhood groups for streetscape improvements in the City's five historic districts, upon motion received and filed and approved recommenda- tion. Dubuque County's Proposed,, Land Development Plan and Map: Long Range Planning Commission submitting com- ments on Dubuque County's proposed land development plan and map and recom- mending City Council approval of the Commission's recom- mendations, presented and read. Buol moved that the communication be received" and filed and approved rec- ommendation. Seconded by Nicholson. No vote taken on the motion. Michalski then moved to table this and go back to the County and sha,e concerns. Seconded by Markham. Carried by the fol- lowing vote: Yeas —Cline,... Connors, Duggan, Markham, Michalski. Nays—Buol, Nicholson. Homeownership Assistance Funds: City Manager recom- mending sponsorship of an application for $250,000 to the Federal Home Loan Bank (FHLB) for Affordable Housing Program funds to assist_ income -qualifying families to purchase a home, upon motion received and filed. Cline moved adoption of Resolution No. 454-02 Authorizing sponsorship of an application to the Federal Home Loan Bank of Des Moines for Affordable Housing Program funds. Seconded by, Michalski. Motion carried 7-0. FLYDBQ Campaign: City Manager recommending approval of a request from the Airport. Commission for fund- ing in the amount of $35,000 for the FLYDBQ Campaign, upon motion received and filed and approved. National League of Cities: Request from the National League of Cities for appoint- ment of a Voting Delegate and Alternate Voting Delegate for the National League of Cities Annual Business Meeting on Saturday, December 7, 2002, upon motion designated Council Member Nicholson as the delegate with Council_ Member Buol as Alternate Delegate. Code of Ordinance Review: City Manager requesting Council direction regarding the process to be used for updat- ing the City's Code of Ordinances, upon motion received and filed and directed that monthly reports be made,_ highlighting the summary of changes. ITEMS TO BE SET FOR PUBLIC HEARING Vacating Petition - Kimball Street: City Manager recom- mending that a public hearing be set for September 16, 2002 to consider a request from Michael Schmalz to vacate a,. part of Kimball Street west of Rhomberg Avenue, upon motion received and filed and set for Public Hearing on 9/16/02 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner pre- scribed by law. Michalski moved adoption of Resolution... No. 455-02 Approving plat of proposed vacated part of Kimball Street west of Rhomberg Avenue. Seconded by Markham. Motion carried 7-0. Ordinance No. 72-02 Vacating a part of Kimball Street west of Rhomberg Avenue, presented and read. Michalski moved that the requirement that a proposed' Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final con- sideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. _ Sale of Property Along Rhomberg Avenue: City Manager recommending that a public hearing be set for September 16, 2002 to con- sider a request from Clint Johnson, John Duccini, and Michael Schmalz to purchase property along Rhomberg Avenue, upon motion received_ and filed. Michalski moved adoption of Resolution No. 456-02 of Intent to dispose of City interest in Lot 31A of Eagle Point, Lot 1, Lot 2, and Lot 3 of Eagle Point No. 2, Dubuque, Iowa and further set it for Public Hearing on 9/16/02 at a meeting to com- mence at 6:30 P.M. in the pub-_ lic library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. Old Mill Road - Vacating Request: City Manager rec- ommending that a public hear- ing be set for September 16, 2002 to consider a request - from David S. Hartig, Jr., for the vacating of a portion of Old Mill Road, upon motion received and filed. Michalski moved adoption of Resolution No. 457-02 Approving plat of proposed vacated Old Mill Road. Seconded by Markham. Motion carried 7-0. Ordinance No. 73-02 Vacating_ a portion of Old Mill Road, pre- sented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration_ and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Michel* moved adoption of Resolution No. 458-02 of Intent to dis- pose of City interest in Lot A of Old Mill Place in the City of Dubuque, Dubuque County, Iowa and further set this for Public Hearing on 9/16/02 at a_ meeting to commence at 6:30 P.M. in the public library audi- torium and that the. City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. Alley Between Iowa Street and Central Avenue - Request to Vacate: City Manager rec __ ommending that a public hear- ing be set for September 16, 2002 to consider a request from Dubuque Bank and Trust to vacate the alley between Iowa Street and Central Avenue from 13th Street to 14th Street and to establish the purchase • price, upon motion received and -filed._ Michalski moved adoption of Resolution No. 459-02 Approving plat of proposed vacated alley between Iowa Street and Central Avenue from 13th Street to 14th Street. Seconded by Markham. Motion carried 7-0. Ordinance No. 74-02 Vacating the alley between lowa Street_ and Central Avenue from 13th Street to 14th Street, present- ed and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur ther moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Michalski moved adoption of Resolution No. 460-02 of Intent to dis- pose of City interest in City Lot 449A Dubuque, lowa and fur- ther set this for Public Hearing on 9/16/02 at a meeting to - commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner pre- scribed by law. Seconded by Markham. Motion carried 7-0. Proposed Land Use Map: Long Range Planning Advisory Commission recommending that the City Council set a pub-- lic hearing for September 16, 2002, to consider adoption of the proposed Land Use Map to complete the update of the 1995 Comprehensive Plan, upon motion received and filed and set this for Public Hearing on 9/16/02 at a meeting to commence at 6:30 P.M. in the public library auditorium and_ that the City Clerk publish notice in the manner pre- scribed by law. Mediacom Franchise Extension: City Manager rec- ommending that' a public hear- ing be set for September 16, 2002 to consider an additional three-month lease extension of the existing Mediacom_ cable franchise, upon motion received and filed. Michalski moved adoption of Resolution No. 461-02 of the City's intent to grant a short-term extension of an existing cable services franchise and an existing hub site lease to MCClowa L.L.C. (Mediacom), and further set this for Public Hearing on. 9/16/02 at a meeting to com- mence at 6:30 P.M. in the pub- lic library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. Flora Park Rest Room Project - Initiate: City Manager recom- mending initiation of the bid- ding process for the Flora Park` Rest Room Project and that a public hearing be set for October 7, 2002, upon motion received and filed. Michalski moved adoption of Resolution No. 462-02 Preliminary approval of plans and specifi- cations; Resolution No. 463- 02 Fixing date of hearing on _ plans and specifications for 10/7/02 at a meeting to com- mence at 6:30 P.M. in the pub- lic library auditorium and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 464-02 Ordering bids. Seconded by Markham. Motion carried 7-0. Dubuque Girls' Independent_ League Ballfield Fencing Project - Initiate: City Manager recommending initiation of the bidding process for the Dubuque Girls' Independent League Ballfield Fencing Project (Riprow Valley) and that a public hearing be set for October 7, 2002. upon motion received and filed. Michalski.. moved adoption of Resolution No. 465-02 Preliminary approval of plans and specifi- cations; Resolution No. 466- 02 Fixing date of hearing on plans and specifications for 10/7/02 at a meeting to com- mence at 6:30 P.M. in the pub- lic library auditorium and that the City Clerk publish notice in,, the manner prescribed by law I and Resolution No. 467-02 Ordering bids. Seconded by Markham. Motion carried 7-0. First Street and Main Street Lighting Project - Initiate: City Manager recommending initia- tion of the bidding process for the First Street and Main Street Lighting Project and that a public hearing be set for October 7, 2002, upon motion received and filed. Michalski moved adoption of Resolution No. 468-02 Preliminary approval of plans and specifi- cations; Resolution No. 469- 02 Fixing date of hearing on plans and specifications for 10/7/02 at a meeting to com-_ mence at 6:30 P.M. in the pub- lic library auditorium and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 470-02 Ordering bids. Seconded by Markham. Motion carried 7-0. Port of Dubuque Phase #3 (Utilities) Project - Initiate: City Manager recommending initia . tion of the bidding process for the Port of Dubuque Phase #3 (Utilities) Project and that a public hearing be set for October 7, 2002, upon motion received and filed. Michalski moved adoption of Resolution No. 471-02 Preliminary approval of plans and specifi- cations; Resolution No. 472 02 Fixing date of hearing on plans and specifications for 10/7/02 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner pre- scribed by law and Resolution No. 473-02 Ordering bids. Seconded by Markham. Motion carried 7-0. There being no further busi- ness, upon motion meeting adjourned at 8:40 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 9/11 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, September 3, 2002 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligan, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of act- ing upon such business which _ may properly come before the City Council. Invocation was given by Deacon Dave McGhee of Nativity Catholic Church. Mayor Duggan swore in Council Member Roy D. Buol as Mayor Pro-Tem. Proclamations: Regional Dragon Boat Festival Days_ (September 6, 7, and 8, 2002) received by Sue Hamilton; Always Remember 9-11 Day (September 11, 2002); Alzheimer's Association Memory Walk Awareness Day (September 14, 2002) received Awareness Diane eDay BorndyAk T (September 14, 2002) received - by Linda, Tony, Joel, and Rebecca Harvey. CONSENT ITEMS Minutes Submitted: Cable TV Regulatory Commission of 8/14; City Council of 8/19 and 8/27; Downtown Planning Committee of 8/12; Electrical Code Board of 8/19; Historic Preservation Commission of_ 8/13 and 8/14; Long Range Planning Advisory Commission of 8/21; Zoning Advisory Commission of 8/14; Zoning Board of Adjustment of 8/22, upon motion received and filed. Proof of publication of City Council Proceedings of 8/5/02; proof of publication of_ List of Claims and Summary of Revenues for the month end- ing June 30, 2002, upon motion received and filed. Notice of Claims/Suits: Lois Link vs. City of Dubuque; James Van Vors vs. Pamela B. Arensdorf and City .of Dubuque, upon motion referred to the Legal Staff for investigation and report. "' Citizen Communications: (a) Angela C. Simon regarding the closure of Main Street in preparation for the All That Jazz Festival on August 16, 2002, upon motion received and filed and referred to the City Manager; (b) Kelly Sullivan Soley regarding outdoor cafes, Town Clock Plaza, and sup - port for the arts; upon motion received and filed and referred to the City Manager; (c) Sharon Culpepper regarding north end drainage, upon motion received and filed and referred to the City Manager; (d) Katherine Kelley regarding maintenance of the retaining_ wall on the north side of Hamilton Street, upon motion received and filed and referred to the City Manager; (e) Karen M. Kuhle regarding the recent eight inch rainstorm of August 21 and City Manager submit- ting a response to correspon- dence from Karen M. Kuhle, upon motion received and filed. Environmental Stewardship Advisory Commission: David B. Czarnecki submitting his resignation from the Environmental Stewardship Advisory Commission, upon motion received and filed and accepted resignation. Legal Department Intern: Communication from Crenna Brumwell thanking the City Council for the opportunity to work in the Legal Services Department as an intern, upon motion received and filed. Architectural Guidelines for Historic Structures: Historic. Preservation Commission rec- ommending Council approval_ of revisions to the City's Architectural Guidelines for Historic Structures which the City Council adopted on March 20, 2002, upon motion received and filed and approved recommendation. Lead Paint Training Instruction Agreement: City Manager recommending_ approval of a Lead Paint Training Instruction Agreement with Tucker Enterprises LLC to perform training under the lead hazard reduction program, upon motion received and filed and approved recommenda- tion. Special Events Grant Program: City Manager rec ommending approval of revised criteria for a Special Events Grant Program for events held on public right-of- way that require insurance, upon motion received and filed and approved recommenda- tion. Iowa Department of Public Health Childhood Lead Poisoning Funding and - Agreement with the Visiting Nurse Association: City (Manager recommending approval of a contract with the Iowa Department of Public = Health for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the Dubuque Visiting Nurse Association for services relat- ed to the CLPPP, upon motion received and filed. Buol moved adoption of Resolution No. 437-02 Authorizing the City Manager or his designee to sign a contract with the Iowa Department of Public Connors. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to' address the Council regarding their desire to serve on the fol- lowing Commissions: Airport Commission (One 4- year term to expire 9/14/06). Applicants: Steven R. Accinelli, Evan W. Fleisher. Mr. Accinelli spoke requesting consideration for appointment. _ Mr. Fleisher had conveyed he was unable to be in atten- dance. Environmental Stewardship Commission (Two 3-year terms to expire 10/1/05); Applicant: William L. Niemann. No one spoke. Housing Commission (Two 3- year terms to expire 8/17/05);_ Applicant: Thomas P. Swift, II. No one spoke. TV Cable Regulatory Commission (One 3-year vacant term through 6/30/04). Applicant: Kevin Nekvinda. Mr. Nekvinda spoke request- ing consideration for appoint - posed rezoning. Ordinance No. 67-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the northwest cor- ner of U.S. Highway 20 and North Crescent Ridge from C- 3 General Commercial District to PUD Planned Unit Development District with PC_ Planned Commercial District designation and adopting a conceptual development plan, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally_ passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Sunny Slope Drive - Request to Rezone: Proof of publication Manager recommending award of the contract fot the Flora Pool Painting Project to Fred Jackson Tuckpointing,-- upon motion received and filed. Cline moved adoption of Resolution No. 446-02 Adopting plans and specifica- tions for the project; and Resolution No. 447-02 Awarding contract to Fred Jackson Tuckpointing. Seconded by Nicholson. Motion carried 7-0. _ West Locust Storm Sewer Improvements: Proofs of pub- lication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the West Locust Storm Sewer Improvement Project to Connolly Construction, upon motion received and filed. Markham moved adoption of Resolution No. 448-02 Adopting plans and specifica- tions for the project and ❑a�ni+inn Mn 449-02 thereof by deleting portions of John F. Kennedy Road, pre- sented and read. Buol moved that the requirement that a proposed Ordinance be - considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Nicholson. Vote on the motion was as follows: Yeas—Buol, Cline, Connors,_. Duggan, Markham. Nays — Michalski, Nicholson. Motion failed due to lack of 14 vote. Buol moved that this be con- sidered the first reading of the Ordinance. Seconded by Markham. Carried by the fol- lowing vote: Yeas—Buol, Cline, Connors, Duggan, Markham. Nays —Michalski„ Nicholson. Alternate Side Street Parking Ordinance: City Manager rec- ommending approval of changes to Section 32-285 of the Code of Ordinance to Vacating Petition - Kimball Street: City Manager recom- mending that a public hearing be set for September 16, 2002 to consider a request from Michael Schmalz to vacate a part of Kimball Street west of Rhomberg Avenue, upon motion received and filed and set for Public Hearing on 9/16/02 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner pre- scribed by law. Michalski moved adoption of Resolution No. 455-02 Approving plat of proposed vacated part of Kimball Street west of Rhomberg Avenue. Seconded by Markham. Motion carried 7-0. Ordinance No. 72-02 Vacating a part of Kimball Street west of Rhomberg Avenue, presented and read. Michalski moved that the requirement that a propose. Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be that the Cit notice in th scribed by Ia1 Markham. M Proposed Long Range I Commission that the City lic hearing fc 2002, to con the propose( to complete 1995 Coml upon motion and set this I on 9/16/02 commence e public librar that the Ci notice in t scribed by le Media Extension: I ommending ing be set f 2002 to con: three-month of the exi cable franct received an nw,vmd artnr