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1999 April Council ProceedingsReqular Session, April 5, 1999 130 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, April 5, 1999 Council Met at 7:00 P.M., Public Ubrary Auditorium Present Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Undahl. Mayor Duggan read the call and stated this Ls the Regular Session of the City Council called for the purpose to act upon such business which may propedy come before the Council. Invocation was given by Wayne Holt, Bishop of the Church of Jesus Christ of Latter Day Saints. Proclamafions: Month of April as "Fair Housing Month' received by Gary Hur~ of the Board of Realtors and Kelly Larson, Human Rights Director;, and the Month of Apdl as 'Sexual Assault Awareness Month' received by Jennifer Haggas. YOUTH iN GOVERNMENT: Mayor Duggan swore in Andy Babler as City Youth Mayor, City Youth Mayor Babler swore in Brian Anderson, Sarah No[I, Heather Mitchell, Brad Kane, Matt Moothart and Lisa Lancaster as Youth City Counc~'l, Russell Bleymeyer as Youth Corporation Counsel and Stacy Stre~f as Youth City Clerk. MINUTES SUBMI'I-rED: Airport Commission of 1-25; Carnegie-Stout Public Library of 1-27 and 2-11; Enterprise Zone Commission of 2-19; Environmental Stewardship Advisory Commission of 3-2; Historic Preservation Commission of 7-30, 8- 13, 8-27, 9-10, 9-24, 10-8, 10-22, 11- 30, 12-10, 1-14, 1-28 and 2-25; Joint Housing Commission and Housing Code Appeals Board of 3-9; Human Rights Commission of 2-8; Long Range Planning Advisory Commission of 3-17; Transit Trustee Board of 3-11, presented and read. Voetberg moved that the minutes be received and filed. Seconded by Robbins. Motion carded TCI submitting their annual report as of December 31, 1998 (On file in City Clerk's Ofl~ce), presented and read. Voetherg moved that the report be received and filed. Seconded by Robbins. Motion carried 7~0. Proofs of Publication on Nofice of publishing Council proceedngs for meetings of 2-22 3-1 & 3-2; Comb ned Public Nofice of Finding of S gnificant mpact and Notice of Intent to request release of funds for Eagle Window & Door project, presented and read. Voetberg moved that the proofs be received and filed. Seconded by Robbins. Motion carried 7-0. Pdnted Council proceedings for months of January & February, 1999, presented for approval. Voetberg moved that the proceedings be approved as pdnted. Seconded by Robbins. Motion carded 7-0. NOTICES OF CLAIMS AND SUITS: Gary Augusfin in amount of $3036.50 for properb7 damages; Todd Burgess in unknown total amount for vehicle damages; Teresa Db( in amount of $106.64 for towing and storage charges; Robert Feller in approx, est of $450.00 for vehicle damages; Robert Frank in amount of $470.79 for vehicle damages; Mary Ann Gassman in unknown amount for medical costs for )ersonal injuries; Robert M. Green in amount of $342.13 for vehicle damages; Tarry Hauser in unknown amount for clothing damages; Chris McDonough (by State Farm Ins.) in amount of $1550.83 for vehicle damages; Howard Riedel in amount of $21.20 for vehicle damages; Thomas Scherf in unknown amount for property damages; Wilson Bros. Leasing in esfimated amount of $919.39 for vehicle damages to rental car, )resented and read. Voetberg moved that the claims and suits be referred to Legal Staff for invesfigafion and report. Seconded by Robbins. Mofion carried 7-0. Corporation Counsel advising following claims have been referred to Public Enf~y Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Vehicle damage of Bonnie Charboneau; Personal injury of Rita J. Reiser' Personal injury of Patty L Schmitz, presented and read. Voetberg moved that the 131 Regular Session, April 5, 1999 communications be received and filed. Seconded by Robbins. Motion carded Corporation Counsel recommending denial of tire damages claim of Judy Healy, presented and read. Voetberg moved that the communication be received and filed and approved recommendation of denial. Seconded by Robbins. Motion carded 7-0. City Solicitor recommending settlement of Tom Fransen Worker's Compensation Claim, presented and read. Voetberg moved that the communication be received and tiled and recommendation of settJement approved. Seconded by Robbins. Motion carded 7-0. REFUNDS REQUESTED Liquor Depot $75.00 on unexpired Class "C" Beer Permit, presented and read. Voetberg moved that the refund be approved and Finance Director to issue proper check. Seconded by Robbins. Motion carded 7-0. Kevin Eippede, AIA submitting his resignation from the Histodc Preservation Commission; Paul Tabor submitting his resignation from the Environmental Stewardship Advisory Commission; Bdan Southwood subm~ng his resignation from the Board of Trustees of the Carnegie- Stout Public Library, presented and read. Vostberg moved to accept the resignations with regret. Seconded by Robbins. Motion carded 7-0. ContiCardere & Terminals, Inc. requesting Council/City consent to assignment of their leases dated March 29; 1978 and August 21, 1978, to Cargill, Incorporated, and City Manager recommending approval of assignments, presented and read. Vostberg moved that the communications be received and tiled. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 140-99 RESOLUTION GRANTING ASSIGNMENT OF CONTICARRIERS AND TERMINALS, INC. LEASES WiTH CITY OF DUBUQUE TO CARGILL, INCORPORATED Whereas, ContiCarders and Terminals, Inc. is currently esiling its assets and properties to Cargill, incorporated; and Whereas, ContiCarders also has requested to assign its lease dated July 25, 1952, and as amended from time to time, and March 29, 1978 with the City of Dubuque to Cargill, Incorporated; and Whereas, the existing leases stipulate that the Lessee has the dght to assign its leases to any person or concern, with pdor written approval of the Lessor in that the Lessors interest shall be fully protected and which approval of the Lessor. shall not be unressonab[y withheld; and Whereas, the assignment of the leases from ContiCarders to Cargill meets with the approval of the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That approval be granted to ContiCarders and Terminals, Inc. to assign ~ leases with the City to Cargill, in accordance with ContiCarders and Terminals, Inc. leases dated July 25, 1952, and as amended from time to time, and March 29, 1978. Section 2. That the assignment to Cargill is bound by all stated terms and conditions of the e)dsting leases between the City of Dubuque and ConfiCarders and Terminals, Inc. Passed, approved and adopted this 5th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. City Manager recommending approval of License Agreement with Illinois Central Railroad, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 141-99 RESOLUTION APPROVING LICENSE AGREEMENT WITH ILLINOIS CENTRAL RAILROAD RELATING TO THE CONSTRUCTION OF A 16" WATER MAIN CROSSING THE RAILROAD TRACKS NEAR THE COUNTY CARE FACILITY ON SEIPPEL ROAD Whereas, the City of Dubuque is developing plans for the construction of a 16" water main which crosses property owned by the Illinois Central Railroad; and Whereas, the Illinois Central Regu ar Session~ April 5~ 1999 132 Railroad has prepared a License Agreement stipulating the terms and conditions of its approval for the construction of a 16" water main thru railroad property and in the consideration of the sum of six thousand eight hundred and twenty five doliam ($6,825.00); and Whereas, the City Council approves the terms and condi~ons of said License Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec'don 1. That the License Agreement with the Illinois Central Railroad attached hereto and relating to the construction of a 16" water main on Seippel Road be approved in consideration for the sum of six thousand eight hundred and twenty five dol[ara ($6,825.00). Section 2. That the City Manager is authorized and directed to execute two copies of the License Agreement with the ~llinois Central Railroad. Passed, approved and adopted this 5th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetherg moved adoption of the Resolution. Seconded by Robbins. MoUon carded 7-0. IDED advising of their intent to award Dubuque a grant in an amount not to exceed $220,000 from the HOME Investment Partnership Program, presented and read. Voetberg moved that the communica~on be received and tiled. Seconded by Robbies. Motion carried 7-0. Grendview Avenue United Methodist Church requesting voluntary annexation of 20 acres to the City which lies adjacent to the Dubuque Soccer complex on the ci~s northwest side, presented and read. Voetberg moved that this matter be referred to the City Manager. Seconded by Robbins. Motion carded 7-0. Mike Finnin Ford requesting vacation of podJon of Clearview Ddve to develop the adjoining lots, presented and read. Voetberg moved that this matter be referred to the City Manager. Seconded by Robbins. Motion carded 7-0. March 23, 1999 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1997 Code of Iowa, as amended, an entry level examination was held for the position of Computer Programmer for the Information Services DMsion. We hereby certify that the following indMduals have passed this written examination and the vacancy for this position should be made from this list. We further state that this list is good for two (2) years from above date. COMPUTER PROGRAMMER John T. Veysey Jeanne M. Romaine Korey L. Edckson Thomas P. Coyle Respecffully submitted, Is/Merle J. Duehr, Jr., Chairperson Is/Lores K]uesner /S/Thomes E. Rawson CMl Service Commission October 12, 1998 (Amended 3-23-99) Honorable Mayor and Members of the City Ccunc~ In accordance with Chapter 400 of the 1997 Code of iowa, the Civil Service Commission conducted a written examination on September 30, 1998 for the position of EQUIPMENT OPERATOR JL This list is good for two (2) years from date of odginal certification. tn accordance with Chapter 400.9(4) of the 1997 State Code of lo,va, Troy J. Kapparos is requesting that the Civil Service Commission add his name to this first list of certifica~on. We hereby certify that the amended list of individuals are qualified for the ~os~on of Equipment Operator II. EQUIPMENT OPERATOR II John Huekels Scott Pape Dale Gross Vincent Conner Tim Latther Brian Kohn Raymond Behnke Thomas Kramer Terry J. Leibold Paul Herman John Leytem Jeff Steuer Randall Ludowitz Luke Duve Troy J. Kapparos John P. Gil]en Respecffully subm~ed, Is/Mede J. Duehr, Jr., Chairperson /s/Lores Kluesner /s/Thomas E. Rawson CMl Service Commission Voetberg moved that the above two Civil Service ce~fications be made a matter of record. Seconded by Robbins. Motion carded 7-0. CH Manager recommending acceptance of Five Flags Center Arena Partition Wall mprovement Project, presented and 133 Regular Session, April 5, 1999 read. Voetberg moved that the communication be received and flied. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 142-99 ACCEPTING IMPROVEMENT WHEREAS, the contract for the PARTITION WALL IMPROVEMENT PROJECT AT THE FIVE FLAGS CENTER has been completed and the City Manager has examined the work and filed his cer'dficate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends ~ acceptance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, iowa, 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, lees any retained pementage provided for therein. Passed, approved and adopted this 5th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 143-99 FINAL ESTIMATE WHEREAS, the contract for the PARTITION WALL IMPROVEMENT PROJECT AT THE FIVE FLAGS CENTER has been completed and the 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 $91,750 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. DRA requesting approval of 2nd amendment to the 1999 DRA CIP Schedule to allow for the purchase of office furniture at a cost not to exceed $20,000, with the source being DRA Rese~e Funds, and City Manager recommending approval of request for amendment, presented and read. Voetberg moved that the communication be received and filed and approved recommendation. Seconded by Robbins. Motion carded 7-0. City Manager recommending approval of Grant for Reconstruction of Schmitt Harbor Boat Ramp and authorize Mayor to execute, presented and read. Voetherg moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 144-99 RESOLUTION AUTHORIZING A COOPERATIVE AGREEMENT FOR MARINE FUEL TAX FUNDS FOR RECONSTRUCTION OF THE SCHMITT HARBOR BOAT RAMP. Whereas, the Iowa Department of Natural Resources has awarded the City of Dubuque a 75% cost-share grant of $73,306 in Marine Fuel Tax Funds for reconst,"uction of the Schmitt Harbor Boat Ramp; and Whereas, the City of Dubuque has budgeted the 25% local match of $24,436 for this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec'don 1. Thatthe Mayor herebyis authorized to sign a cooperative agreement with the Iowa Department of Natural Resources for Marine Fuel Tax Funds for reconstruction of the Schmitt Harbor Boat Ramp. Section 2. That the City Manager hereby is authorized to utilize budgeted Ca~af Improvement Program Funds to )rovide the local match for this project Passed, approved and adopted this 5th day of Apn'l, 1999. Terrance M. Duggan, Mayor Attest Mary A~ Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. C~ Manager recommending approval of schedule of final aeseesments for Radford Road Reconstruction from Pennsylvania to Asbury Road project, presented and read. Voetberg moved that the Re.qularSess on:,Apri15,.1999~ :. ; : 134 communication be received and tiled. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 145-99 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR RADFORD ROAD RECON- STRUCTION 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the tinal schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Radford Road Reconstruction Project consisting of reconstrudaon of Radford Road from Pennsylvania to City Limit under contract with Horsfiald Construction, Inc. of Epworth, which final plat and schedale were filed in the office of the City Clerk on the 15th day of February, 1999, and an amended schedule tiled on the 31st day of March, 1999, 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, fur[her, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the .respective proper~es 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 propodion 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 ceCdfy said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than tifteen days from the date of filing of the tinal 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 tinal 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 draw annual interest at 9 percent on the date of acceptance of the work) computed to the December 1 next fo]lowing the due dates of the respective installments as of the Code of Iowa. Each installment will be delinquent from October 1 fallowing 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 5th day of Apdl, 1999. Terrsnce M. Duggan, Mayor Attest: Mary A. Davis, City Clerk SCHEDULE OF FINAL ASSESSMENTS RADFORD ROAD The following schedule is hereby determined to show each bt proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot. P = Paving Assess. D = Deficiency. WS = Water Se~ce. S = Sewer. OWNER ~ DEFICIENCYASSESS. NET PAVING SERWCF' TOTAl NFT ASSF:SS McFADDEN LILUAN N.E. 1/4-N.W. 1/4 SEC.29 T. 89N,R.2E. $5,530.07S $5,530.07 NORTHRANGE INDUSTRIAL PARK BLOCK2 CHRISTENSEN, JAMES A. & SHIRLEY LOT1-2-1-1 $5,971.44P $2,107.64WS $7,071.12S $15,150.20 MARKUS, LAVERNE L & VIOLET M. LOT 2-2-1 $2,469.95P $1,010.65WS $5,530.07S $9,010.67 ENVIRONMENTAL RECYCLING 135 Regular Session, April 5, 1999 CORP. LOT 1-2-1 $5,794.37P $5,794.37 KALB, JAMES GERALD LOT 2-2-1-1 $156.05P $156.05 WOLFF PLACE IN NORTHRANGE INDUSTRIAL PARK BLOCK 2 B & W TRUCKING CO. LOT 1 $5,638.31P $5,638.31 McNAMER, MARTIN J. LOT2 $335.14P $335.14 BLOCK 1 B & W TRUCKING CO. LOT1 $5,138.85P $5,138.85 CARR, CHARLES F. & EILEEN B. LOT 2 $305.40P $305.40 WOLFF PLACE NO. 2 SPAHN & ROSE LUMBER CO. LOT I $1,610.22D $7,858.43P $1,978.24WS $10,259.31S $20,095.98 SIEGERT, JOSEPH F. & RUTH M. M.L.401-LOT 2 & N.E.1/4- S.W.l/4-SEC.20-T.89N.-R.2E. $22,577.20P $1,087.90WS $11,060.14S $34,725.24 SUNNYSLOPE ESTATES BLOCK 18 MOORE DEVELOPMENT L.T.D. LOT3 $1,545.11P $1,545.11 MOORE DEVELOPMENT L.T.D. LOT2 $1,163.91P $1,163.91 MOORE DEVELOPMENT L.T.D. LOT 1 $999.78P $999.78 BLOCK 12 MOORE DEVELOPMENT L.T.D. LOT 5 $970.14P $970.14 MORAN, DOUGLAS M. & PATRICIA A. LOT4 $986.32P $986.32 McGOVERN, TERRENCE J. & ELIZABETH M. LOT 1-2-3 $531.22P $531.22 McGOVERN, TERRENCE J. & ELIZABETH M. LOT 2-2-3 $996.29P $996.29 McGOVERN, TERRENCE J. & ELIZABETH M. LOT 1-3 $469.99P $469.99 POPESCU-GATLAN, ALICE M. & GATLAN, MIRCEA DAN LOT2 $1,147.73 $1,147.73 WHITE, RONALD R. LOT 1 $937.01P $937.01 BLOCK 9 MOORE, NANCY JO LOT 1 $674.38P $674.38 MOORE, NANCY JO LOT2 $953.57P $953.57 LEIK, RONALD L. LOT3 $1,219.31P $1,219.31 BLOCK 11 RADFORD ROAD DEVELOPMENT INC. LOT B $27,460.70P $27,460.70 SOCIETY OF ST. VINCENT DePAUL DISTRICT COUNCIL LOT 1 $6,860.59P $6,860.59 MANGRICH, LYN C. & KATHERINE J. LOT 2 $243.92P $243.92 CITY OF DUBUQUE LOT1 -S.W.I/4-N.E. 1/4-SEC.20- T.89N-R.2E. $468.83P $468.83 NORTHRANGE INDUSTRIAL PARK BLOCK 1 C.W.C. REAL ESTATE CORP. LOT 2 $4,725.68P $2,474.26WS $7,004.76S $14,204.70 HANSEN COMMUNICATION INC. LOT 2-1 $2,844.08P $3,686.71S $6,530.79 SMITH, STEVEN J. LOT 2-1-1-1-1 $6,501.76P $6,501.76 JA-MAR PATTERN INC. LOT 2-1-1-1-1-1-1 $8,390.96P $1,248.98WS $9,639.94 SHARKEY, CHARLES C. JR. & CAROL L. LOT 2-1-1-1 $5,598.29P $481.00WS $6,079.29 NORTHRANGE SUBDIVISION NO. 1 HANSEN COMMUNICATION INC. LOT 4 $2,975.77P $2,474.26WS $3,686.71S $9,136.74 JA-MAR PA'Ci-ERN INC. LOT 3 W/2-1-1-1-1-1-1 MULGREW OIL CO. LOT 2-1 $4,446.89P $4,446.89 TOTALS: DEFICIENCY ASSESSMENTS: $ 1,610.22 NET PAVING ASSESSMENTS: $139,357.37 WATER SERVICE ASSESSMENTS: $ 12,862.93 SEWER ASSESSMENTS: $ 53,828.89 TOTAL NET ASSESSMENTS: $206,049.19 Voetberg moved adoption of the ResoluSon. Seconded by Robbins. Motion carried 7-0. City Manager recommending approval of schedule of final assessments for 1998 PC Concrete Paving Project (Creston St., Glenwood Ct. and Marquette Place), presented and read. Voetberg moved that the communica~on be received and tiled. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 146-99 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR 1998 PC CONCRETE PAVING 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 Reqular Session, April ,5, 1999 13~ INSTALLMENTS, THE TiME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOT[CE 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 1998 PC Concrete Paving Project under contract ~ Northwsstem Development of East Dubuque, Illinois, which final plat and schedule were filed in the office of the City Clerk on the 1st day of Februa~,, 1999, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied condi~onalJy against the respective proper'des benefitted by the improvements as shown in the schedule, subject to the provisions of Secfion 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in preportion 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 ce~fy said schedule to the County Treasurer of Dubuque County, Iowa, and to publish nofice of said cer~cation once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose 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 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 5m day of April, 1999. Terrence M. Duggan, Mayor Attest: Ma~' A~ Davis, City Clerk SCHEDULE OF FINAL ASSESSMENTS CRESTON STREET & GLENWOOD COURT The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the We together with the amount proposed to be assessed against each lot. P = Paving Assess. D = Deficiency. WS = Water Service. S = Sewer. T_O_,TA_L..N_ .E.T_ A__SS ESSM ENT METTEL-BYRNE BLOCK 3 KRITZ, PAUL A. & KAREN L. LOT 1 $1,378.38 METTEL-BYRNE BLOCK 4BURCHETT, DONALD G. & CLARA M. LOT 5 $1,461.64 McGRATH, DANIEL J. & CHRISTINE LOT 4 $1,398.15 SCHMI'C[', JEANETTE M. LOT 3 $1,461.64 BLASER, PAUL J. & JEAN A. LOT 2 $1,461.64 GREENWALD, LOUIS A. & LINDA E. LOT 1 $1,461.64 METTEL-BYRNE BLOCK 17 RUSCH, JEFFREY D. & MICHELLE M. LOT 3 $1,461.64 METZ, THOMAS C. & MARY K. LOT 4 $1,508.56 SO0, JONATHAN G. & MARY COLLEEN LOT 5 $1,461.64 ARENSDORF, ROGER L. & D~.NE M. LOT 6 $1,461.64 MOOTZ, PAUL J. & JUDY M. LOT 7 $1,461.64 RUHLAND, CARL J. LOT 8 $1,529.83 WILLIAMS, VINCENT W. & PATR1CIA A. LOT9 $1,532.68 PREGLER, RAYMOND O. & MARIE L. LOT 10 $1,916.52 PREGLER, RAYMOND O. & MARIE L. LOT 2-2 W/10 FERRIS, MICHAEL R. & ANN E. LOT 11 $1,545.42 137 Regular Session, April 5, 1999 GO'FI'SCHALK, LYNN M. LOT 12 $1,518.61 BELL, LAWRENCE S. & LAURIE L LOT 13 $1,516.77 WAGNER, AGNES CECILIA LOT 14 $1,493.14 CRAM, CRAIG R. & JOAN L LOT 15 $1,512.07 GABRIELSON, PAUL G. TRUSTEE LOT 16 $1,494.82 FULLBRIGHT, RACHEL H. LOT 17 $1,462.48 BAGBY, DONALD J. & DIANA b LOT 18 $1,426.29 CITY OF DUBUQUE LOT 1-2 $2,374.59 METTEL-BYRNE BLOCK 5 VANOSTRAND, SCOTA. & KAREN M. LOT 1 $2,440.77 FOX, MICHAEL F. & PEGGY A. LOT 2 $1,564.68 PETERSON, RiCK L & LORI A. LOT 3 $1,542.07 BORLEY, JOHN R. LOT 4 $1,542.74 MEYER, ROBERT M. & CAROL A. LOT 5 $1,543.24 BECK-ER, JAMES A. & MARGARET A. LOT 6 $1,543.57 HERRALD, RALEIGH D. JR. & MARY E. LOT7 $1,543.91 BEECHER, CRAIG A. & BONNIE K. LOT 8 $1,488.28 GIUNTA, FRANK J. & KIRBY, RACHEL M. LOT 9 $1,683.30 FENCHEL, ROBERT B. & CATHERINE M. LOT 10 $1,198.27 O'MALLEY, WILLIAM F. & ELIZABETH J. LOT 11 $1,086.52 KONICHEK, DANIEL M. & JUNE R. LOT 12 $1,572.73 HEIGH, HOWARD J. & DAVISON, SUSAN b LOT 13 $1,460.30 SHETH, VINOD R. & KATHLEEN L LOT 14 $1,571.55 YEAGER, JAMES N. & CYNTHIA b LOT 15 $1,549.10 HAMMERAND, HOWARD W. JR. & SANDRAA. LOT 16 $1,549.10 BALL, MICHAEL S. & BETH ANN LOT 17 $1,549.10 CATRON, JAMES L & LILLIAN LOT 18 $1,572.22 McKIBBEN, BRENDA LOT 19 $2,352.47 HERMSEN, JERRY N. & KRIS b LOT 20 $1,410.21 KOLSRUD, JAMES A. & SUSAN E. LOT 21 $1,379.21 METTEL-BYRNE BLOCK 2 FIRZLAFF, THOMAS E. & JUDY A. LOT 9 $1,426.80 BYRNE'S SUBDIVISION CITY OF DUBUQUE LOT 1-2-1 $3,082.12 TOTAL: $72,953.69 SCHEDULE OF FINAL ASSESSMENTS MARQUETTE PLACE The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot. P = Paving Assess. D = Deficiency. WS = Water Senzice. S = Sewer. DEFICIENCY ASSESS. NET PAVING ASSESS TOTAL NET ASSESSMENT BELLEVUE ADDITION KENYON, WILLIAM T. LOT 2-28 $580.22P $580.22 KENYON, WILLIAM T. LOT 1-1-28 $388.74P $388.74 KENYON, WILLIAM T. LOT 2-1-28 $360.I8P $360.18 HEFEL PLACE HEFEL, CHRISTOPHER M. LOT 1 $1,929.67P $1,929.67 AUDUBON ADDITION KENYON, WILLIAM T. LOT 1-19 W/2-1-28 W/2-1-28 KENYON, WILLIAM T. LOT 2-19 $441.47P $441.47 SMITH, RONALD A. & GLADYS M. LOT 15 $649.06P $649.06 SEARLES, LESLIE J. LOT 14 $663.43P $663.43 DUVE, DEBRA A. LOT 13 $677.09P $677.09 KIELER, STEVEN J. & STORMY b LOT 12 $690.06P $690.06 KIELER, IRVIN b & MARION b LOT 11 $702.85P $702.85 BLEILE, RAPHAEL & ANNA MAE LOT 10 $702.67P $702.67 BIVER, ELDON A. & MARY V. LOT 9 $694.79P $694.79 LONEY, KEVIN C. & DIANA M. LOT 8 $686.73P $686.73 CALLAHAN, THOMAS E. & BARBARA A. LOT 7 $680.25P $680.25 LINK, JAMES A. LOT6 $672.01P $672.01 GINTER, ANN E. LOT 5 $661.68P $661.68 POST, RONALD W. & MARY A. LOT4 $1,249.60P $1,249.60 POST, RONALD W. 8, MARY A. LOT 2-2-3 WI4 WI4 ZURCHER SUB. KRUSE, EDWARD M. & KATHLEEN C. LOT 2 $752.07P $752.07 ZURCHER, JOHN E. & NANCY LOT 1 $1,988.71P $1,988.71 GLENDALE ADDITION #3 ZURCHER, JOHN E. & NANCY LOT 2-309 $2,045.67D $861.89P $861.89 Re.qular Session~ Apd 5 1999 138 ZURCHER, JOHN E. & NANCY LOT 308 W/2-309 W/2-309 AUDUBON ADDITION CONLEY, LARRY p. & CHERYL A: LOT 24 $720.02D $350.01P $350.01 CONLEY, LARRY P. & CHERYL A: LOT 23 $749.58D $366.53P $366.53 CONLEY, LARRY p. & CHERYL A. LOT 22 $774.54D $381.51P $381.51 CITY OF DUBUQUE LOTS REMOVED FROM ASSESSMENT $11,562.26P $11,582.26 BELLEVUE ADDITION DIXON, JAMES R. & PAULA JEAN LOT 29 $1,347.00D $699.00P $699.00 DIXON, JAMES R. & PAULA JEAN LOT 30 $814.90P $614.90 TOTALS: $5,636.81D $30,007.38P $30,007.38 Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. City Manager recommending the selecfion of WHKS and Company as the design firm for the Dubuque Industrial Center West landscaping project, presented and read. Voetberg moved that the communication be received and filed and recommendafion approved. Seconded by Robbins. Motion carded 7-0. Dubuque Bank & Trust requesfing that a portion of Grendview Ave. be vacated, presented and read. Voetberg moved that the communication be referred to the City Manager. Seconded by Robbins, Motion carded 7-0. Petion of David Reardon containing 40 signatures requesting 4-way stop signs at the intersecfion of Alpha Street and Van Buren Ave., presented and read. Voetberg moved that the petition be referred to the City Manager· Seconded by Robbins. Motion carded City Manager recommending approval of plat of survey of South Siegert Farm, presented and read. Voetberg moved that the communication be received and filed. Seconded by Robbins, Motion carded RESOLUTION NO. 147-99 RESOLUTION APPROVING PLAT OF SURVEY OF SOUTH SlEGERT FARM , Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a peat dated March 16, 1999, prepared by KJrkham Michael, consul~ng engineers, describing the retracement of the extedor boundary of Lot 1 of the SW1/4 of the SE1/4; the NWl/4 of the SEl/4; and the SW1/4 all in Section 31, T89N, R2E, 5th P.M., Dubuque County, Iowa; Whereas, said plat conforms to the laws and statutes peWaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec~on 1. Thatthe plat dated March 16, 1999, prepared by Kirkham Michael, consulting engineers, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereb authored and directed to execute sai~ plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolufion in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of Apdl, 1999. Torrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. City Manager recommending approval to install monitedng wells within the public right-of-way at 1081 University for SheU Oil Company as requested by Apex Environmental, Inc.. )resented and read. Voetberg moved that the communication be reca~ved and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 148-99 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND APEX ENVIRONMENTAL, INC. TO INSTALL MONITORING WELLS ON PUBLIC RIGHT-OF-WAY AT 1081 UNIVERSITY Whereas, Apex Environmental, Inc., on behalf of Shell Oil Company has requested permission from the C~y of Dubuque to install monitedng wells on City right-of-way at 1081 Univemity in Dubuque, Iowa, for the purpose of assessing current groundwater conditions at and surrounding the property; and Whereas, the License Agreement 139 Regular Session, April 5, 1999 Right-of-Entp/for Site Assessment has been prepared outlining the responsibilities of Apex Environmental, Inc. and Shell Oil Company in the installation of the monitoring wells on public fight-of-way; and Whereas, the performance of the activities of Apex Environmental, Inc., will be at no cost or expense to the City, and all work ,Mil be performed by the Licensee, or its employees, agents or subcontractors; and Whereas, it is the desire of the City Council to enter into said License Agreement for the installation of monitoring wells in the public right-of- way as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C[T'¢ OF DUBUQUE, IOWA: Section 1. The License Agreement for Right-of-Entry for Site Assessment be and the same is hereby approved. Section 2. That the Mayor be and is hereby authorized to execute said License Agreement for and on behaif of the City Council Passed, approved and adopted this 5th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: Ma~y A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. City Manager recommending approval of a third amendment to the Development Agreement between the City and Horizon/CartsGreph Systems, Inc. to defer closing date to Apdl 30, 1999, presented and read. Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Robbins; Motion carded 7-0. An Ordinance Deleting subsection (e) and adding new Subsections (e), (f) and (g) to Section 32-263 relating to angle parking and adding podions of Fourth Street and Fifth Street to new subsection (0, first reading only given 3-15-99, now presented for further action. Voetberg moved that this be the second reading of the Ordinance. Seconded by Robbins. Motion carded 7-0. An Ordinance Repealing Section 32- 271 relating to backing for the purposes of parking in the business distdct and adopting in lieu thereof a new Section 32-271, first reading only given 3-15-99, now presented for further action. Voetberg moved that this be the second reading of the Ordinance. Seconded by Robbins. Motion carded 7-0. Dubuque Diamond Jo Casino requesting to conduct a fireworks display on Monday, May 31 at approx. 9:30 P.M. with rein date scheduled for June 1, presented and read. Voetberg moved that this matter be referred to the City Manager for implementation. Seconded by Robbins. Motion carried 7-0. City Manager recommending to hire HDR under a City contract to study possible improvements in the Ice Harbor Area with HDR Engineering, presented and read. Voetberg moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 149-99 RESOLUTION APPROVING FUNDING FOR A TRAFFIC ENGINEERING STUDY TO IMPROVE ACCESS FROM U.S. 61 INTO ICE HARBOR Whereas, the Dubuque Metropolitan Area Transportation Study (DMATS) has authorized a traffic engineering study to look at alternatives to improving access from U.S. 61 into the Ice Harbor in anticipation of the area's redevelopment; and Whereas, the engineering firm of HDR from Omaha, Nebraska was the design firm for U.S. 61 and the Third Street overpass, and has subm~ted a )roposel to DMATS to study possible access improvements to the Ice Harbor in the amount of $12,365.00; and Whereas, DMATS has committed $9,892.00 of ISTEA funds toward the study;, and Whereas, the City Counci~ of the City of Dubuque is desirous of funding the 20 percent local match, in the amount of $2,473.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council approves of an engineering contract to study possible access improvements to the Ice Harbor area in anticipation of the area's redevelopment and additional traffic demand. Section 2. That the City Council hereby agrees to pay the 20 percent 3cai match for the study, in the amount of $2,473.00. Section 3~ That the City Council direct the City Manager to enter into a contract with HDR of Omaha, Re.qular Session, April 5, 1999 140_ Nebraska for the study, in the total amount of $12,365.00. Passed, approved and adopted this 5th day of Apdl, 1999. Torrance M. Duggan, Mayor Attest: Map/A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. City Manager recommending headngs be set for Apdl 19, 1999 to consider assessment of civil penalties for 18 establishments with Tobacco Pen'n~, presented and read. Vostberg moved that the communication be received and tiled and recommendation approved. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 150-99 NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having comptied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Tugboat Willy's Inc Tugboat Wiily's 1630 E 16th St. Passed, approved and adopted this 5th day of Apdl, 1999. Terrsnce M. Duggan, Mayor Attest: Mary,A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 151-99 Whereas, applications for Beer Permits have been submitted and tiled to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS'C" BEER PERMIT Arcon Inc Arby's/Q-Mart +(Sunday Sale) 10 Main St Passed, approved and adopted this 5th day Apdl, 1999. Terrance M. Duggan, Mayor Attest Map/A Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 152-99 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 Cib/ 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 'A' (CLUB) BEER/ LIQUOR LICENSE Dubuque Loyal Ord of Moose Dubuque Moose Lodge #355 +(SundaySale) 1166 Main St CLASS "C"(COMMERCIAL) BEER/LiQUOR LICENSE Aramark Service Lores College Campus Cnt+(Sunday Bale) 1450 Alta Vista Map/Lou Kamp Noonan's Tap +(Sunday Sale) 1618 Central Ave GMRI, Inc Olive Garden Italian Rest+(Sunday Sale) 3350 Dodge St Knight of Columbus Counci~ 560 Knights of Columbus #510+(Sunday Sale) 781 Locust St Chad Streff Whiskey River +(Sunday Sale) 1064 University Ave Tugboat W~lly's Inc Tugboat Willys (Sunday/Outdoor Sale) 1630 E 16th St Passed, approved and adopted this 5th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest Map/A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. BOARDS AND COMMISSIONS ZONING BOARD OF ADJUSTMENT: Applicants William Gasper and Cad Scherbdng. Vote on the appointment was as follows: Buol voted for Gasper. Duggan voted for Gasper. Markham voted for Gasper. Michalski voted for Gasper. Nicholson voted for Gasper. Robbins voted for Gasper. Voetberg voted for Gasper. Therefore, William Gasper was reappointed to a five year term which will expire 3-25-2004. Regular Session, April 5, 1999 Buol moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carded 7-0. Proof of publication certified to by the Publisher on Notice of Public Headng pertaining to permitted uses and development on Pareel "G" of the PI District for Julien Dubuque Ddve, with conditions (Kunde) (Set for hearing only at meeting of 3-15-99 with no readings given.), presented and read. Voetberg moved that the proof be received and tiled. Seconded by Michalsld. Motion carded 7-0. An Ordinance Repealing the amended Development Land Use Map, of Ordinance No. 72-92 and enacting a New Development Land Use Map, Second Amendment, in lieu thereof pertaining to permitted uses and development on Parcel "G" of the PI Planned Industrial District for Julien Dubuque Drive, with conditions, presented and read. Voetberg moved to deny passage of the Ordinance. Seconded by Michalski. Motion carded 70. Robert KJauer, Owner of property, requesting Council to deny the Ordinance, presented and read. Vostberg moved that the communication be received and filed and request for denial approved. Mr. Klauer spoke requesting denial. Delores McHugh, BVM, asked that repair work be done within six months. Regina Thibeau, 530 Sunset Ridge, objected to proposed rezoning. MichalskJ moved that the matter of extension of time for land repair work on this property be referred to Staff and resolved as soon as possible. Seconded by Markham. Motion carried 7-0. Proof of publication ce~tied to by the Publisher on Notice of Public Hearing to dispose of City's interest in real property by amendment to lease with Dubuque Marina, Inc. and City Manager recommending to approve extension for Dubuque Marina, Inc., presented and read. Buol moved that the proof and communication be received and flied. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 153-99 RESOLUTION DISPOSING OF AN INTEREST IN REAL PROPERTY BY AMENDMENT TO LEASE AND AGREEMENT WITH DUBUQUE MARINA, INC. WHEREAS, the City of Dubuque, Iowa (City) leases certain real property to Dubuque Marina, Inc. (Marina) as set forth in a Lease and Agreement, dated October 29, 1956, as amended, which Lease and Agreement are attached hereto; AND WHEREAS, the term of the Lease and Agreement ends on December 31, 2023; AND WHEREAS, Keith Kann (Kann) and Mary Wilhelm 0Nilhelm) desire to enter into an agreement for the purchase of the assets of Madna, including the Lease and Agreement, but only on the cond~on that the term of the Lease and Agreement be extended to December 31, 2028; AND WHEREAS, City is amenable to extending the term of the Lease on the condi~on Kann and VViiheim purchase the assets of Madna, including the Lease and Agreement, on terms acceptable to C~ and on the further condition that the annual rent during the lease extension shall be fair market rent. AND WHEREAS, pursuant to Resolution No. 134-99 and published notice of the date, time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the cf[y of Dubuque, Iowa, on the 26~' day of March, 1999, the City Council of the City of Dubuque, Iowa met on the 5~ day of April, 1999, at 7:00 o'clock p.m. in the public Iibra~' auditorium, 11th & Locust, Dubuque, iowa, to consider the disposal of the City's interest by Amendment to the Lease and Agreement, a copy of which is attached hereto. AND WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or wdtten, to the disposal of such interest in the above-described real property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The disposal of the interest of the City of Dubuque, Iowa, in the foregoing-described real property by Amendment to Lease and Agreement to Dubuque Madna, Inc. is hereby approved upon and terms and cond'~ons set forth in said Amendment. Section 2. The Mayor is authorized and directed to execute the Amendment on behalf of the City of Re.qular Session, April $~ 1999 147 Dubuque. Section 3. The City Clerk is authorized and directed to record a certified copy of this Resolution in the offices of the City Assessor, Dubuque County Recorder, and the Dubuque County Auditor. Passed, approved and adopted this 5~' day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. Proof of publication ce~tied to by the Publisher on Notice of Public Headng to dispose of an easement on City Lot 54 in the City of Dubuque and City Manager recommending approval to release easement, presented and read. Buol moved that the proof and communication be received and fi~ed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 154-99 Whereas, pursuant to resolution and published notice of time and place of headng, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 26th day of March, 1999, the City Council of the City of Dubuque, Iowa met on the 5th day of Apnl, 1999, at 7:00 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the vacating and release of real estate described as: An easement for a Clock and Tower on City Lot 54 in the City of Dubuque. Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. 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 consisting of an easement for the erection of a Clock and Tower on City Lot 54 in the City of Dubuque, iowa to Security Partners, L.P. be and the same is hereby approved for the cost of publication and tiling fees. Section 2. That the Mayor be authorized and directed to execute a Re~ease of Easement, and the City Clerk be and is hereby authorized and directed to deliver 'said Release to Security Partners, L.P. upon receipt of the above fees. Sec~on 3. That the City Clerk be and is hereby authored and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 5th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. Proofs of Publication on Notice of Headng on P~ans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Manhole Reconstruction Project - FY99 and City Manager recommending to award contract for project, presented and read. Voetberg moved that the proofs, notice and communication be received and flied. Seconded by Nichoison. Motion carded 7-0. RESOLUTION NO. 155-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 24th day of February, 1999, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Manhole Reconstruction Project- FY99. Whereas, notice of headng on plans, specifications, form of contract, and estimated cost was published as required by isw. NOW THEREFORE, BE tT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, spec~cafions, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and esfimated cost for said improvements for said project. Passed, adopted and approved this 5th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nichoison. Moron carried 7-0. RESOLUTION NO. 156-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Manhole Reconstruction Project - Fiscal Year 1999 pursuant to Resolution No. 116-99 and notice to bidders published in a newspaper )ublished in the Cib/of Dubuque, iowa ]_43 Regular Session, April 5, 1999 on the fifth day of March, 1999. Whereas, said sealed proposals were opened and read on the 25th day of March, 1999, and it has been determined that the bid of Drew Cook & Sons of Dubuque, Iowa in the amount of $47,667.00 was the lowest bid for the furnishings of ail labor and materials and performing the work as provided for in the pisns 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 Drew Cook & Sons and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 5th day of April, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of South Fork Sanitary Sewer - Phase IV, from U.S. 20 to Landfill and City Manager recommending to award contract for project., presented and read. Robbins moved that the proofs and communication be received and filed. Seconded by Nichoison. Motion carded 7-0. RESOLUTION NO. 157-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 24th day of February, 1999, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the South Fork Sanitary Sewer - Phase IV, from U.S. 20 to Landfill. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 5th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: MaryA~ Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 158-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the South Fork Sanitary Sewer - Phase IV pursuant to Resolution No. 113-99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the fifth day of Mamh, 1999. Whereas, said sealed proposals were opened and read on the 25th day of March, 1999 and it has been determined that the bid of Langman Construction of Rock Island, Illinois in the amount of $295,887.32 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Langman Construction and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 5th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Tara Winger requesting to address Council regarding our police officers, ~resented and read. Ms. Winger Re.qular Session~ April 5,1999 146 spoke. Nicholson moved that the request be received and filed. Seconded by Robbins. Motion carded 7-0. There was a verbal request from Council Member Voetberg requesting Council formally refer the Histodc Preservation Ordinance to the Histodc Preservation Commission for review and updating. Voetberg moved that the Histodc Preservation Ordinance be referred to the Historic Preservation Commission for their suggestions and changes. Seconded by Michalski. Motion carded 7-0. City Manager submitting Ordinance allowing the fight to grant extensions on Sewer Conne~ons for properties in Highway 20 Annexation Plan and recommending to not adopt property tax exemption for these properly owners, presented and read. Buol moved that the communication be receNed and tiled. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending City Code of Ordinances, Sec. 44-55 relating to the abandonment of private on-site sewage treatment and disposal system upon availabiIity of public sewer by adding a provision allowing the City Manager to grant an extension to the requirement for such abandonment, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 24-99 AN ORDINANCE AMENDING THE CITY OF DUBUQUE, CODE OF ORDINANCES, SEC. 44-55 RELATING TO THE ABANDONMENT OF PRIVATE ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEM UPON AVAJLABILrrY OF PUBLIC SEWER BY ADDING A PROVISION ALLOWING THE CITY MANAGER TO GRANT AN EXTENSION TO THE REQUIREMENT FOR SUCH ABANDONMENT NOW, THEREFORE, BE tT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 44-55 of the City of Dubuque, Code of Ordinances is amended to read as follows: Sec. 44-55. Abandonment Of Pdvate On-Site Sewage Treat~nent And Disposal System Upon Availability Of Public Sewer. (a) When a public sewer is constructed within two hundred feet (200') of the property line, the building sewer shall be connected to said sewer in accordance with City standards established by the City Manager and within three hundred sixty five (365) days from date of written notification by the City Manager, unless the City Manager for good cause grants an extension from such three hundred sixty five day pedod which extension shall not be in excess of the time provided in paragraph (b), and the private on-site sewage treatment and disposal system abandoned in accordance with subsection (b) of this Section. However, the property shall not be required to connect to the public sewer if construction plans for the private on-site sewage treatment and disposal system are available, the system meets the provisions of chapter 69 of the Iowa Administrative Code, and the system received a construction permit from the City Manager pdor to installation, if the City Manager cannot determine that the system is in compliance with chapter 69 of the Iowa Administrative Code, connection shall be made to the sanitary sewer in accordance with City standards established by the City Manager. (b) Notwithstanding the foregoing, no pdvate on-site sewage treatment and disposal system shall be permitted to operate for more than fifteen (15) years, unless otherwise determined by the City Manager pursuant to standards adopted by the City Manager. At any time the City Manager determines the system is no longer adequate, connection to the sanitary sewer shall be made. Se~on 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 5t~ day of Apdl, 1999. Terrence M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 12th day of April, 1999. Mary A: Davis CMC, City Clerk It 4/12 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. Seconded by Nicholson. Motion carded 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicho[son. Motion carded7-0. City Manager submitting Ordinance 145 Regular Session, April 5, 1999 relating to hours of operation of Municipal Parking Garages, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. An Ordinance Amending Sec. 32- 303 of City Code of Ordinances relating to the hours of operation of Municipal Parking Garages, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 25-99 AN ORDINANCE AMENDING SEC. 32-303 OF THE CITY OF DUBUQUE CODE OF ORDINANCES RELATING TO THE HOURS OF OPERATION OF MUNICIPAL PARKING GARAGES NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 32-303 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 32-303. Hours of operation. The city manager shall designate the hours during which the municipal parking garages will be open for transient parking business. The city manager shall publish notice of such hours by prominently displaying such n'otice within the garages. The city manager shall keep the city council informed of the hours of opening and closing thereof or any change of such hours, it is intended hereby that regular service hours shall be established for the operation of the parking garages, but in addition, permit such flexibility in the established hours so that the municipal parking garages can be operated according to service demand, special events and holiday chopping requirements. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 5th day of April, 1999. Terrsnce M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 12th day of Apdl, 1999. Mary A. Davis CMC, City Clerk lt4/12 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Motion carded 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. · City Manager recommending Xiao Mou Zhang be allowed to construct an awning and sign within the public dght- . of-way to his building at 1278 Central I Avenue, presented and read. Voetberg moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Authorizing Great Dragon Express to construction sign on store front, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 26-99 AN ORDINANCE AUTHORIZING GREAT DRAGON EXPRESS TO CONSTRUCT SIGN ON STORE FRONT NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Xiao Mou Zhang, as the owner of the premises known as 1278 Central Avenue, Dubuque, Iowa, and legally described as N. Middle 1/5 of N. ½ of City Lot 445, be and he is hereby granted the revocable permit and authority to construct and maintain a sign under the terms and conditions set forth in this Ordinance. Section 2. That such constructon shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the C~ Manager, and in accordance with all i applicable state and federsi laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said sign; and b. Procure and maintain in force dudng the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behaff of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said sign sustained by any person or pemons, caused by accident or otherwise to defend at its i own expense and on behalf of said City Reqular Session, April 5,~ 999 146 an.y. claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of sign and to pay reasonable attorney fees therefore; and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injudes to third persons or damages to property of third persons, or for damage to any properb7 of the City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permiesion herein granted is expressly conditioned upon permittess' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permlttees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said sign at permlttees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resuitng from the removal of said sign. Se~on 5. That permlttees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, leeation, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Great Dragon when this Ordinance has been adopted by the C~ Council and the terms and conditions thereof accepted by permittess by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permlttees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Passed, approved and adopted this 5th day of April, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 26-99 The undersigned having read and being familiar with the terms and conditions of Ordinance NoJ 26-99, hereby, for themselves, their successors or assigns, as owners of the abattJng property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By:. XJao Mou Zhang Tite: Owner, Great Dragon Express Dated: March 25, 1999 Published officially in the Telegraph Herald newspaper this 19th day of Apdl, 1999. MaryA. Davis CMC, City Clerk It 4/19 Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally ~aesed be suspended. Seconded by Nicholson. Motion carried 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. City Manager recommending approval of final plat of Holiiday Addition located at the southwest corner of the Northwest Artedal on Asbury Rd., presented and read. Voetberg moved that the communication be received and flied. Seconded by Nicholeen. Motion carried 7-0. RESOLUTION NO. 159-99 A RESOLUTION APPROVING THE FINAL PLAT OF HOLLIDAY ADD- ITION IN THE CITY OF DUBUQUE, iOWA Whereas, there has been filed with the City Clerk a final plat of Holliday Additon in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Holliday Drive (Lot A) together with certain public utility and sewer easements which the owners by said final plat have dedicated to the public forever; and Whereas, the conceptual development plan has been examined Regular Session, April 5, 1999 by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owner agreeing to the conditions noted in Section 2 belo~ and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed, except for sanitary sewer, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Holliday Drive (Lot A) and existing sanita,'y sewer together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the plat of Hoiliday Addition is hereby approved and the Mayor an City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Holliday Drive (Lot A) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or w~th concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install sanitary sewer mains and sewer se~ce latarals into each indMdual lot, water mains and water sap/ice laterals into each indMdual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To construct a temporary detention facility in s manner acceptable to the City Engineer in accordance with the improvement plans and City of Dubuque Standard Specifications approved by the City and inspected by the City Engineer. (d) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owners; (e) To maintain the public improve- ments, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, atthe sole expense of the owners, or future owners; And, further provided that said QHQ Prepediss, as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner abu~ng the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdMsions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat No sidewalk wll[ be required along State Highway 32. Section 4. That the final acceptance of all public improvements shall occur upon cerfification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 5. That in the event QHQ Properties shall fail to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the previsions hereof shall be null and void and the acceptance of the dedication and approval the plat sha]l not be effective. Passed, approved and adopted this 5th day of April, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF Regular Session~ April 5~ :1999 148 RESOLUTION NO. 159-99 l, the undersigned, Michael D. Quagliano, having read the terms and conditions of the Resolution No. 159- 99, and being familiar with the cond~ons thereof, hereby accept the same and agree to the conditions required therein. Dated this 6th day of Apdl, 1999. By:/s/Michael D. Quagliano QHQ Properties To: MaP/A: Davis, City Clerk This is to certify that the required security for the foregoing Resolution No. 159-99 has been propedy filed. Dated at Dubuque, Iowa this 9th day of Apdl, 1999. /s/Michael Van Milligen, City Manager Voatberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. City Manager recommending to vacate and dispose of a portion of E. 14th Street and Pine Street as requested by Phillip Mihalakis, presented and read. Voetberg moved that the communic~on be received and flied. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. t60-99 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF EAST 14TH STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated March 22, 1999, prepared by lIW Engineers & Surveyors, P.C., describing the proposed vacated potion of East 14th Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated March 22, 1999, prepared by IIW Engineers & Surveyors, P.C., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Sec~on 2. That the City Clerk be and is hereby authorized and directed to file said plat and cer~fied copy of this resolatJon in the office of the Recorder, in and for Dubuque, County, Iowa. Passed, approved and adopted this 5th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nichoison. Motion carded 7-0. RESOLUTION NO. 161-99 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF PINE STREET FROM 12TH STREET TO 14TH STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated March 22, 1999, prepared by IIW Engineers & Surveyors, P.C., describing the proposed vacated portion of Pine Street from 12th Street to 14th Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated March 22, 1999, prepared by IIW Engineers & Surveyors, P.C., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for 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 5th day of April, 1999. Terrsnce M. Duggan, Mayor Attest MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. An Ordinance Vacating a portion of Pine Street from 12th Street to 14th Street, (OFFICIAL PUBLICATION) ORDINANCE NO. 27-99 ORDINANCE VACATING A PORTION OF PINE STREET FROM 12TH STREET TO 14TH STREET Whereas, Phillip Mihalakis has requested the vacating of a poCdon of Pine Street from 12th Street to 14th Street Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the Cb Council a plat showing the vacated po~on of Pine Street from 12th Street to 14th Street and assigned lot numbers thereto, which hereinafter shall be known and 7.49 Regular Session, April 5, 1999 dsscdbed as Lot 262A and Lot 262B of East Dubuque No. 2, in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the C~y of Dubuque, Iowa has determined that a portion of Pine Street from 12th Street to 14th Street is no longer required for public use, and vacafing of said po~ons of portion of Pine Street from 12th Street to 14th Street known as Lot 262A and Lot 262B of East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CtTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA, Section 1. That the real estate described as Lot 262A and Lot 262B of East Dubuque No. 2 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of Apdl, 1999. Torrance M. Duggan, Mayor Attest: Man/A. Davis, City Clerk Published officially in the TelegraPh Herald newspaper this 14th day of Apdl, 1999. Man/A. Davis CMC, City Clerk It 4/14 Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carded 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Nicho[son. Motion carded 7-0. An Ordinance Vacating a portion of East 14th Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 28-99 ORDINANCE VACATING A PORTION OF EAST 14TH STREET Whereas, Phi]lip Mihalakis has requested the vacating of a podion of East 14th Street; and Whereas, IIW Engineem & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of East 14th Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 326A of East Dubuque No. 2, in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of East 14th Street is no longer required for public use, and vacating of said poYdons of portion of East 14th Street known as Lot 326A of East Dubuque No. 2 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 326A of East Dubuque No. 2 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of Apdl, 1999. Torrance M. Duggan, Mayor Attest Man/A. Davis, City Clerk Published officially in the Telegraph Herald newspaper thia 14th day of Apdl, 1999. Man/A. Davis CMC, City Clerk It 4/14 Voetberg moved that the requirement that the proposed Ordinance be considered and voted on for passage at two Counc~ Meetings prior to the meefing at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carded 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 162-99 RESOLUTION OF INTENT TO DISPOSE OF CiTY INTEREST IN LOT 326A, LOT 262A AND LOT 262B OF EAST DUBUQUE NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, the Phil]ip Mihalakis has requested the vacating of a portion of East 14th Street and a portion of Pine Street from 12th Street to 14th Street. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of East 14th Street and a porrton of Pine Street from 12th Street to 14th Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 326A, Lot 262A and Lot 262B of East Dubuque No. 2 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of East 14th Street and a por~on of Pine Street from 12th Street to 14th Street are no longer required for public use, and vacating and sale of said portions of alleys and streets known as Lot 326A, Lot 262A and Lot Reqular Session, April $/1999 150 262B of East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the City of Dubuque intends to dispose of its interest in Lot 326A, Lot 262A and Lot 262B of East Dubuque No. 2 in the City of Dubuque, Section 2. That the conveyance of Lot 326A and Lot 262B of East Dubuque No. 2 in the City of Dubuque, Iowa to the Phillip Mihalakis be contingent, upon the payment of $26,370.00, plus platting, publication and tiling fees· Section 3. That the conveyance of Lot 262A of East Dubuque No. 2 in the City of Dubuque, Iowa to the Donald J. Herbst be contingent upon the payment of $948.00, plus platttng, publication and tiling fees. Section 4. In consideration for the conveyance of the foregoing pmpe[ty, Phillip Mihalakis and Donald J. Herbst agree that they shall each permanently screen all outdoor storage now or hereafter located on Lot 3 of Lot 1 of A.Y. McDonald Manufacturing Com- pany Place, and on the property conveyed pursuant to this resolution, so that such outdoor storage cannot be seen from anywhere outside the premises, including but not limited to the elevated highway adjacent to the property. The foregoing requirement shall be set fo[th in the form of a restrictive covenant in the deed of conveyance and may be enfomed by the grantor by injunctive or other appropriate relief. · Section 5. That the City Clerk be and Is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 5th day of Apdl, 1999. Torrance M. Duggan, Mayor Attest: MaP/A. Davis, City Clerk Voetberg moved adoption of the Resolution set'ling this matter for Public Headng on 4-19-99 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 Nicholson. Motion carded 7-0. At 8:28 p.m. Vostberg moved to go into Closed Session In accordance with Chapter 21.5 l.(j) State Code of Iowa, 1997 as amended, To discuss the 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 prapedy and Chapter 21.5 1(c) To discuss strategy with counsel in matters that are presently in litigation. Seconded by Michalski. Motion carded 7-0. Council reconvened Regular Session at 9:57 p.m. The Mayor advised that Staff had been given direction on these matters. There being no further business, Voetberg moved to adjourn the meeting. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 9:58 p.m. /s/Mary A; Davis CMC City Clerk Approved ~/~-.'--"'"¢~ .~ ,1999 Adopta~ '~ ¢ ,1999 ncil Members City Clerk / - Special Session, April 19, 1999 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Apdl 19, 1999 Council Met at 5:12 P.M., Public library Auditorium Present: Council Members Buct, Markham, Michalsld, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. lindahL Absent Mayor Duggan - Mayor Duggan entered Closed Session at 5:22 P.M. Council Member Voetberg left at 6:06 P.M. Mayor~Pro-Tem Buol read the call and stated this is a Special Session for the purpose to call a Closed Session to discuss the pumhase of reel estate. At 5:14 Voetberg moved to go into Closed Session In accordance with Ch. 21.5 1.0) to discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmentel body would have to pay for that property. Seconded by Markham. Motion carded 7-0. Council reconvened at 6:41 P.M. staling that Staff was given proper direction. There being no further business, Michelski moved to adjourn the meeting. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 6:42 P.M. /si Mary A. Davis CMC, City Clerk /-? Approved ~ ~ , 1999 '~ C(~uncil Members Attest:~/..,~_~~. City Clerk ~/ Board of Health, April 19~ 1999 152 DUBUQUE BOARD OFHEALTH QUARTERLY MEETING Board met on April 19, 1999, 6:55 P.M., Public Library Auditorium Present: Chairperson Duggan, Board Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg. Chairperson Duggan read the ca[I and stated this is the Regular QuarteHy meeting of the Board of Health called for the purpose to act upon such business which may properly come before the Board. There was no business to come before the Board at this time. Michalski moved that it be resolved that the C~ of Dubuque Board of Health meet in a joint work session with the Dubuque County Board of Health to hear about the changes in the law and to learn about what we might do to come into compliance with the requirements of the Iowa Code and that this Work Session be tentatively scheduled for May 10, 1999 at 5:00 P.M. Seconded by Buol. Motion carried 7-0. There being no further business, Buol moved that the Board of Health Meeting be adjourned. Seconded by Robbins. Motion carried 7-0. The meeting adjourned at 7:00 P.M. /s/MaryA. Davis CMC Secretary, Board of Health Approved ~.,/.M..~-- ~' ,1999 Ad p~.d. ~'/..<--~-~-y ~ ,1999 / ~ Chair e~s~,,~'//".~ _ ~ Attest: City Clerk~ 153 Regular Session, April 19, 1999 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, April 19, 1999 Council Met at 7:00 P.M., Public Library Auditorium Present: Mayor Duggan, Council Membem Buol, Markham, Michalski, Nicholson, Robbins, Voetberg, Cb Manager Michael Van Milligen, Corporation Counsel Barry A. Undahl. Mayor Duggan read the call and stated this is the Regular Session of the Cb Council called for the purpose to act upon such business which may propedy come before the Council. Invocation was given by Rev. George Bauman, Pastor of Holy Tdn~ Lutheran Church. PROCLAMATIONS: Apd] 24 as 'Arbor Day" received by City Forester Steve Pregler; May 7 & 8 as 'Sertoma Candy Days;" May 15 as 'Kids' Day America/Dubuque." MINUTES SUBMITTED -- Civil Service Commission of 3~23; Community Development Advisory Commission of 3-23; Park & Recreation Commission of 3-9; Hiatodc Preservation Commission of 3-11 & 3- 25; Housing Commission Trust Fund Committee of 3-25; Telepregramming Commission of 4-6; Zoning Board of Adjustment of 3-25 (Draft), presented and read. Buol movedthatthe minutes be received and tiled. Seconded by Robbins. Motion carded 7-0. Pdnted Council Proceedings for month of March, 1999 presented for approval. Buol moved that the proceedings be approved as pdnted. Seconded by Robbins. Motion carded 7-0. Proofs of Publication on pdnting of council proceedings for 3-15-99; List of Claims paid and Summary of Revenues for month of February, 1999, presented and read. Buol moved that the proofs be received and filed. Seconded by Robbins. Motion carded 7-0. Finance Director submitting financial report for month ending March 31, 1999, presented and read. Convention & Visitors Bureau submitting their quartedy report, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. NOTICES OF CLAIMS/SUITS: Madbath Bockenstedt in amount of $330.80 plus other costs for personal injuries; Ron Buxton, in amount of $2,275.00 for vehicle damages; Loretta Schlitz in amount of $306.00 plus other compensation for personal injuries; Gerald & Lola Shuster, no amount, just putting on notice for backed-up sewer; Cladan L Stetzer in amount of $1,579.00 plus rental costs, for vehicle damages; Jeannette Lea Turner, in amount of $1,464.26 for personal injuries, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7-0. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa CommuniZes .~.ssuranca Pool; Vehicle damage of Todd J. Burgess; Vehicle damage of Robert R. Feller; Vehicle damage of Robert Frank; Personal injury of Mary Ann Gassman; Vehicle damage of State Farm Insurance for their insured, Christopher McDonough; Vehicle damage of ~N-dson Bros. Leasing, )resented and read. Buol moved that the communications be received and filed. Seconded by Robbins. Motion carded 7-0. Corporation Counsel recommending seffiement of vehicle damage claim of Howard Riedel in amount of $21.20 and Finance Director to issue check, Buol moved that the communication be received and flied and recommendation approved. Seconded by Robbins. Motion carded 7-0. Corporation Counsel recommending denial of vehicle towing claim of Teresa Dix and clothing damage of Tarry Hauser (Refer to Holiday Inn for hand~ng), presented and read. Buol moved that the communication be received and flied and approved recommendations. Seconded by Robbins. Motion carded 7-0. Reqular Session~ Apd119i 1999 Corporation Counsel recommending property damage claim of Thomas J Scherf be edmidistta~ely closed presented and read. Buel moved that the communication be received and filed and approved recommendation. Seconded by Robbins. Motion carried 7-0. City Manager recommending approval of plat of North Siegert Farm, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. t63-99 RESOLUTION APPROVING PLAT OF SURVEY OF NORTH SIEGERT FARM Whereas, there has been presented to the City Council of the CH of Dubuque, Iowa, a plat dated March 29, 1999, prepared by Kirkham Michael, consulting engineers, dsscdbing the retracement of the exterior boundary of: the west 30 acres of the Northeast 1/4 of the Northwest 1/4; Lot 2 of Lot 1 of the Southeast 1/4 of the Northwest 1/4; Lot 2 of the Southwest 1/4 of the Northwest 1/4; the Southwest quarter of the Northeast quartec Lot 1 of Lot 1 of the Northwest quarter of the Northeast quar[er; Lot 1 of the East 10 acres of the Northeast quarter of the Northwest quaker, and Lot 1 of Lot 1 of the Southeast quarter of the Northwest quarter all in Section 30, Township 89 North, Range 2 East of the 5th P.M., all in Dubuque County, Iowa; Whereas, said plat conforms to the Jaws and statutes pertaining thereto. NOW, THEREFORE, BE JT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated Mamh 29, 1999 prepared by Kirkham M chael, consulting engineers, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk, be and they are hereby authorized and directed to execute said plat for and on behaff of the CH 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 resolutrm in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 19th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. 154 ' Moron carded 7-0. Zoning Advisory Commission recommending approval of Hooper's Addition, presented and read. Budi moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 164-99 A RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 22 OF HOOPER'S ADDITION, IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed With the City Clerk a plat of survey of Lot 22 of Hooper's Add,on in the City of Dubuque, owa; and Whereas, said plat provides Lot 2 of 22 with 1,802 square feet of lot area, where 2,500 square feet is required by Section 42-19(b) of the SubdMsion Regula'dons; and Whereas, said survey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to th'e 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 Regulations is waived to allow Lot 2 of 22 to have 1,802 square feet of lot area, where 2,500 square feet is required. Section 2. That the plat of survey of Lot 22 of Hooper's Add~on is hereby approved and the Mayor and CH Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Passed, approved and adopted this 19th day of Apda, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adopton of the resolution. Seconded by Rohbins. Motion carded 7-0. Zoning Advisory Commission recommending approval of plat of Kerper Indust~al Park, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 165-99 A RESOLUTION APPROVING THE FINAL PLAT OF KERPER [_55 Regular Session, April 19, 1999 INDUSTRIAL PARK IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Kerper Industrial Park in the City of Dubuque, Iowa; and Whereas, upon said final plat appear, a street to be known as Kerper Court (Lot A) together with certain public ufil~ and sewer easements which the owners by said final plat have dedicated to the public forever;, and Whereas, the final plat has been examined by the Zoning Advisory Commission and had its approval endomed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to ~ except that no streets or public ufilites have yet been constructed or installed; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Kerper Court (Lot A) together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the final plat of Kerper Industrial Park is hereby approved and the Mayor an City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached. Section 3. Sidewalk installafion shall be the responsibility of the owner abut~ng the public rights-of-way, including lots with multiple frontages, except Kerper Boulevard, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required un'dl the development of the lot has been completed, except as rsquired herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required unfi[ 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved bythe plat. Section 4. That the final acceptance of all public improvements shall occur upon cert~fica§on of the City Engineer to the C~ Council that all public improvements have been completed in accordance with the improvement plans and City standard speciflcafions and accepted by City Council Resolution. Passed, approved and adopted this 19th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO.165-99 I, the undersigned, Terrance M. Duggan, Mayor, City of Dubuque, having read the terms and conditons of the Resolution No.165-99, and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 19th day of April, 1999. By:/s/Terrance M. Duggan, Mayor Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Dubuque Golf & Country Club requesting permission to display fireworks on July 4th at about 9:00 p.m. rain dates July 5th or 6th) and December 31st at about midnight on their property, presented and read. Buo[ moved that the communication be received and filed and referred to City Manager for implementation. Seconded by Robbins. Motion carded 7-0. Gall Naughton submitting her resignation from the Histodc Preservation Commission (represenfing Jackson Park), presented and read. Buol moved that the communication be received and filed and accepted the resignation with regret Seconded by Robbins. Motion carried 7-0. April 12, 1999 Honorsble Mayor and Members of the City Council In accordance with Chapter 400 of the 1997 Code of Iowa, the CMl Service Commission conducted a written examination on March 23, 1999 for the position of Engineering Assistant I. We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list. We further state that this list is good for two (2) years from above date. ENGINEERING ASSISTANT I Wayne F. Kieffer Patrick Meehan Dale Steuer Colin Riniker Diane Unsen Thomas Kopp Brad Gehl Chad Macke Reqular Session~April 19,1999 Joshua Bahl John Knockel Hugh McCarron Daniel Sch[ueter Chadie Gau John Luher Michael W. Jasper Respectfully submitted, Is/Mede J. Duehr, Jr., Chairperson /s/Thomss E. Rawson, CMl Service Commission Buol moved that the above certification be made a matter of record. Seconded by Robbins. Motion carded 7-0. City Manager recommending approval of the grant agreement with the Four Mounds Foundation to provide the summer day camp program as part of the Uptown Recreation Program, presented and read. Buol moved that the communication be received and ~ed and approved recommendation. Seconded by Robbins. Motion carded City Manager recommending approval of the grant agreement with ISU Extension Sauces to provide summer programs as part of the Uptown Recreation Program, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Robbins. Motion carded City Manager recommending adoption of Supplement #40 to City Code of Ordinances, presented and read. Buoi moved that the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 166-99 ADOPTING SUPPLEMENT NO. 40 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council,, pursuant to Ordinance No. 34-89, readoptsd the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including December 19, 1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been pdnted as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements by resolution, become part of the Code of Ordinances. NOW THEREFORE BE iT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That Supplement No. 40 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 7-99 enacted through February 1, 1999 and prepared by the Steding Codifiers, lnc, Weiser, ID hereto tiled in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of Apdl, 1999. Terrence M. Duggan, Mayor Attest: MaryA: Davis, C~Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. City Manager recommending acceptance of Sanitary Sewer in Cedar Ridge Farm, presented and read. Buol moved that the communication be received and tiled. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 167-99 ACCEPTING SANITARY SEWER IMPROVEMENTS Whereas, cartain sanitary sewer improvements were installed by Julian G. Nemmers; and Whereas the improvements have been completed and the City Manager has examined the work and has filed a cat. cate stating that the same has been completsd in accordance with the plans approved by the City Engineer and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be ,approved and that said sanitary sewer Improvements in the N 1/2 NE 1/4 SW 1/4; E 1/2 SW 1/4 NE 1/4 SW 1/4; SE 1/4 NE 1/4 SW 1/4 all in Section 34, T89N, R2E, 5th P.M., Dubuque County, Iowa, be and the same is hereby accepted. Section 2. That maintenance of said Improvements shall be the responsibility of the contractor and the owner for a pedod of two years from this date. Passed, approved and adopted this 19"' day of Apdl, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk 1.57 Regular Session, April 19, 1999 Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. Copy of Letter supporting paritcipation of Carnegie-Stout Public Library in the Dubuque County Library proposal for a Governmental Enterprise Fund Grant, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. Communication from City Manager to G.D.R.E.C. (Greater Dubuque Riverboat Entertainment Company) requesting that City acknowledges its right to assign dghts under Ice Harbor Parking Agreement to purchaser of gambling boat, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion cardedT-0. City Manager recommending approval for a grant application to be submitted to the Iowa Division of Criminal and Juvenile Justice Planning of the Department of Human Rights for funding of the Dubuque Decategoitza'don Project, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Robbins. Motion carded 7-9. City Manager recommending endorsement of vacating approx. 50 feet of I.D.O.T. right-of-way along the Northwest Arteda[ at Pennsylvania Ave. as requested by the existing Floor Show building, presented and read. Buol moved that the communication be received and ti]ed and recommendation approved. Seconded by Robbins. Motion carried 7-0. Zoning Advisory Commission advising of their approval to grant an extension for submittal of the tinal site development plans for Steve Boge Renaissance Development Senior Housing project on Carter Road, across from Westmore Dr., presented and read. Buol moved that the communication be received and tiled. Seconded by Robbins. Motion carded 7-0. City Manager submitting resolution which removes a condition which creates a possible cloud on the property 'dUe for property transferred to Eagle Window and Door Company, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO,168-99 A RESOLUTION RESCINDING SECTION "[.(B) OF RESOLUTION NO. 222-84 APPROVING THE FINAL PLAT OF FDL FIRST ADDITION TO THE CITY OF DUBUQUE, IOWA, Whereas, Resolution No. 222-84, adopted July 16, 1984, approved the final plat of FDL First Addition to the City of Dubuque, Iowa, a copy of which plat is attached hereto; and Whereas, Section 1.(b) of Resolution No. 222-84 provided that Lot 3 of FDL First Add,on be maintained for future public right-of-way; and Whereas, the City Council now determines that it is no longer necessary to maintain lot 3 for future public right-of-way. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 1.(5) of Resolution No. 222-84 Ls hereby rescinded. Passed, approved and adopted this 19th day of Apdl, !999 Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resol~on. Seconded by Robbins. Motion carded 7-0. The Ryan House requesting to transfer their Liquor License to Mississippi River Museum, 3rd St. ice Harbor on April 21, 1999, presented and read. Buol moved that the communication be received and filed and request for transfer approved. Seconded by Robbins. Motion carded RESOLUTION NO. 169-99 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Puff n Snuff Mob Oil Co. 495 N. Grandview Ave Passed, approved and adopted this 19th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, CityClerk Re.qular Session, April 19~ ~1999 158 Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 170-99 Whereas, applications for Beer Perm[ts have been submitted and tiled 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 tiled proper bonds. NOW, THEREFORE, BE tT 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 Perm[t. CLASS "B" BEER PERMIT Donna Ginter Dubuquefest +(Sunday/Outdoor Sale) 7th & Town Clock CLASS "C~ BEER PERMIT Kwik Trip, Inc. Tobacco Outlet Plus # 504+(Sunday Sales) 806 Wacker Dr #140 Wareco Service Inc Wareco # 662 +(Sunday Sale) 700 Rhomberg Ave Passed, approved and adopted this 19th day Apdl, 1999. Terrence M. Duggan, Mayor Attest: MaryA Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. '171-99 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 inspec[ed and found to comply with the State Laws and all City Ordinances relevant thereto and they have tiled 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) BEEP/LIQUOR LICENSE Donna Ginter West Dubuque Tap +(Sunday Sale) 1701 ~bury Rd Central Tap Inc. Central Tap +(Sunday Sale) 1046 Central Ave Jeannine A. Kerech Idle Hour +(Sunday Sale) 1555 Central Ave IDJS Enterp. Inc Hooligan's Sports Bar/Gdll(Ostdoor Sale) Plaza 20 Shopping Ctr. Passed, approved and adopted this 19th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: Maq/A. Davis, City Clerk Buol moved adoption of the resoltYdon. Seconded by Robbins. Motion carded 7-0. BOARDS AND COMMISSIONS INVESTMENT OVERSIGHT ADVISORY COMMISSION: Individuals are invited to address the Council to express their desire to serve. Applicant: Stephen V. Reisdorf. Mr. Reisdorf spoke. Buol moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Michalsld. Motion carried 7-0. Proof of Publication certified to by the Publisher on Notice of Public Headng to consider disposing of City's interest of property on vacated 12th & 14th Sts. and City Manager recommending to approve sale of propedies, presented and read. Voetberg moved that the proof and communication be received and tiled. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. '172-99 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 326A, LOT 262A, AND LOT 262B OF EAST DUBUQUE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and 3ublished notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the Cb of Dubuque, Iowa on 9~ day of April, 1999, the City CounciJ of the City of Dubuque, Iowa met on the 19~ day of Apdl, 1999, 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 326A, Lot 262A, and Lot 262B of East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, lows overruled any and all objections, oral or written to the proposal to setl such real estate, except for easement as noted. 159 Regular Session, April 19, 1999 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 326A and Lot 262B of East Dubuque No. 2 in the City of Dubuque, Iowa to Phillip Mihalakis a.k.a. M-M+M, L.L.C. be and the same is hereby approved for the sum of $26,370.00 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot 262A of East Dubuque No. 2 in the City of Dubuque, Iowa to DonaId J. Herbst be and the same is hereby approved for the sum of $948.00 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 3. That the Mayor be authorized and directed to execute Quit Claim Deeds, and the City Clerk be and is hereby authorized and directed to deliver said deeds of conveyance to Phi[lip Mihalakis a.k.a. M-M+M, L. LC. and Donald J. Herbst upon receipt of the purchase price in full. Secton 4. In consideration for the conveyance of the foregoing property, Phillip Mihalakis a.k.a. M-M+M, L. LC. and Donald J. Herbst agree that they shall each permaaen~ screen all outdoor storage now or hereafter located on Lot 3 of Lot 1 of A:Y. McDonald Manufacturing Company Place, and on the property conveyed pumuant to this resolution, so that such outdoor storage cannot be seen from anywhere outside the premises, including but not limited to the elevated highway adjacent to the property. The foregoing requirement shall be set forth in the form of a restrictive covenant in the deed of conveyance and may be enforced by the grantor by injunctive or other appropriate relief. Section 5. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 19"~ day of April, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk CONSENT TO RESOLUTION The undersigned hereby acknowledge, consent and agree to the conditions set forth in the foregoing resoluiton on behalf of themselves, their heirs, successors and assigns. /s/Phillip Mihalatds (M-M+M, L.L.C.) /s/Donald J. Herbst Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Proofs of Publication certified to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Soccer Complex Sanitary Sewer Extension and City Manager recommending to award contract for project, presented and read. Robbins moved that the communication be received and flied. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 173-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the loth day of March, 1999, plans, specifications, form of contract and estimated cost were tiled with the City Clerk of Dubuque, Iowa for the Soccer Complex Sanitary Sewer Extension. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 19~ day of April, 1999. Terrence M. Duggan, Mayor Attest Ma~y A~ Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. '174-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Soccer Complex Sanitary Sewer Extension pursuant to Resolution No. 138-99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 19th day of March, 1999. Whereas, said sealed proposals were opened and read on the 8th day of Apn'l 1999 and it has been determined that the b d of Drew Cook & Sons Excavating of Dubuque, Iowa in Regular Session, April 19, 4999 160 the amount of $86,939.44 was the lowest bid for the furnishings of all labor and matsdals and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the contract for the above improvement be awarded to Drew Cook & Sons Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. Section 2. Thatthe Cb Manager be and is hereby authorized to execute a change order to include the sewer extension to the Grandview Avenue United Methodist Chumh properly if the Church so chooses and is willing to pay the entire additional cost. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 19th day of April, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nichoison. Motion carried 7-0. Headngs on Civil Penalties for Tobacco Licenses: $300.00 Assessments for AJrpert Inn, 574 E. 16th St.; Angles, 1401 Elm St.; Dempeey's 359 W. 9th St.; Galaxies, Inc., 3203 Jackson; IOCO Speede Shope, 2335 Univemit,/; Knickem Saloon, 2186 Central Ave.; KSNIK Stop, 2360 Central,; The Lounge, 481 Locust St; Mike's Ten Pin Tap, 601 Rhomberg; Noonan's Tap, 1618 Central Ave.; Puff N Stuff, 2013 Central Ave.; Rivemide Bowl, 1860 Hawthorne; Sid's Beverage, 2727 Dodge St.; Silver Dollar Cantina, 342 Main St.; Tott's Tap, 3457 Jackson, and the following are subject to suspension of permit for 30 days due to the fact this is second offense: HyVee Food Store, 3500 Dodge St.; K-Mart, 2600 Dodge St.; Milk House, 620 S. Grendview Ave., presented and read. Voetberg moved that the assessments and suspension be approved. Seconded by Markham. Motion carried 7-0. John Stangel, Mgr. of K-Mart, Dennis Murray of Gala'des and PhiUip Love of The Lounge, all spoke of their vigilance at upholding the law and requesting consideration for small businesses. Mayor Duggan tett the Council Chambers. The following was tabled from meeting of March 15, 1999. Nichoison moved to remove the fefiowing item from the table. Seconded by Buol. Motion carded 6~0. Ed Tschiggfde requesting assistance from City in secudng a sanitary sewer and water main easement on the property of Mantamach Brothers Investment Group by using the City's right of eminent domain; City Manager recommending to proceed with eminent domain proceedings as requested by Ed Tschiggfde; City Manager providing information and clarifying that proper notices were sent to adjoining property owners and definition of "BuUdable Lot;' Galen and Tom Mantamach requesting to address the Council regarding granting of Eminent Domain; and Ed Tschiggfrie requeefing enactment of the Eminent Domain proceedings, presented and read. MichalskJ moved that the communications be received and tiled. Seconded by Nichoison. Motion carried 6-0. Ed Tschiggfrie spoke of specifics in t~ng to reach an agreement with Mr. Manternach and requested eminent domain proceedings be started as soon as possible. Galen Mantarnach and Tom Mantemach spoke requesting that Mantamachs and Tschiggfrie be allowed to do their own seffiement. Mayor Duggan returned to the Council Chambers. City Manager submitting amended Housing Code as revised by the Housing Department, Ruth & Rues Nash advising of being in favor of proposed revisions to the Housing Code; President of Historic Bluffs Neighborhood Association strongly supperfing maintaining the city ordinance to shield and screen garbage cans and waste containers and suppor~ng the flaking paint ordinance as well; Cadeen Schroeder expressing concern with possible changes; and Thomas J. Mueller reques~ng Council adopt newly proposed amendments, presented and read. Michalski moved that the communications be received and tiled. Seconded by Buol. Motion carded 7-0. 16]_ Regular Session, April 19, 1999 Tom Mueller and John Whalen both spoke supporang the revised changes. An Ordinance Amending cerfain sections of Chapter 26 of City Code, Housing Regulations, relating to scope and application; relating to storage of garbage containers; relating to service of notice of violations; relating to license payment penalties; relating to refunds of appeals fees; relating to ventilation of bathrooms to enclosed porches; relating to extedor openings in enclosed porches; relating to extedor wood and brick surfaces; relating to treatment of intedor and extedor painted sur[aces, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Buol. Motion carded 7-0. Michalski moved final consideration and passage of the Ordinance, as amended. Seconded by Buol. Motion carded 7-0. Nicholson moved that they table ac'don on this Ordinance. Seconded by Voetberg. Motion carded 7-0. Petition from David Hartig with 63 signatures (original signatures on file in City Clerk's office), requesting Council enact an immediate 90-120 day moratorium on the issuance of permits for any new Billboard construction and/or revision of existing structures in the City of Dubuque; Chds iverson of Lamar Outdoor Advertising requesting to address the Council on the issue; and Greg Maim, Pres. of Maim, Outdoor Communications, opposing request of pel~on of David Hartig, presented and read. Voetberg moved to refer this matter to the City Manager to refer to apprepdate Staff for review and recommendation. Seconded by N[cholson. Motion carded 7-0. City Manager recommending approval for Rainbo Oil Co. to construct a projecting sign at 1401 Central Ave., presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carded 7-0. An Ordinance Authorizing Rainbo Co. to construct projecting sign at 1401 Central Ave., presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 29-99 AN ORDINANCE AUTHORIZING RAINBO OIL COMPANY TO CONSTRUCT A PROJECTING SIGN NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Rainbo Oil Company as the owner of the premises known as 1401 Centrel Avenue, Dubuque, Iowa, and legally described as s 1/5 of C.L. 450 be and they are hereby granted the revocable permit and authority to construct and maintain a projecting sign under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly cond~oned on permittees' agreement to: a. Assume any and ali liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said projecting sign; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said projecting sign sustained by any person or persons, caused by accident or othePMse to defend at its own expense and on behalf of said City any claim against the City of Dubuque adsing out of the location, installation, existence, construction or maintenance of proje~ng sign and to pay reasonable attorney fees therefore; and d, Indemn~, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and repair of the facility, work or Reqular Session~ April: 19,,1999 162 and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is express~j conditioned upon permittaes' further agreement that should the dght and privilege herein granted be rsscinded or revoked by the City Council, permittaes, or their successors in interest, as owners of the abuffing property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said projecting sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said projecting sign at permittaes' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages msurdng from the removal of said projecting sign. Sec'don 5. That permittees covenant and agree that the revocable permit herein granted does not cons~tute an approval of the design, erection, location, construction, repair or maintenance of said facirr[y and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal in judas and/or preperty damage against the permittees adsing out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the dghts hereunder accrue to projecting sign when this Ordinance has been adopted by the City Council and the terms and cond~ons thereof accepted by permittaes by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittaes' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 19th day of Apdl, 1999. Tarrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 29-99 The undemigned having read and being familiar with the terms and condi~ons of Ordinance No. 29-99, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by )ermittees. By:./s/Jill Reimer 'Frae: Is/Retail Administrator Dated: Apdl 9, 1999 Published officially in the Telegraph Herald newspaper this 27th day of Apdl, 1999. Mary A. Davis CMC, City Clerk It 4/27 Budi moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally 3assed be suspended. Seconded by Michaiski. Motion carded 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carded 7-0. City Manager submitting ordinance providing for 12 month moratorium on )ermit issuance for U.S. 20 Corridor, )resented and read. Buol moved that the communication be recaived and filed. Seconded by Robbins. Mo'don carded 7-0. An Ordinance Amending Chapter 11 (Buildings and Building Regulations) of the City's Code of Ordinance by amending Section 11-58.1 by establishing a twelve-month moratorium on the issuance of permits for work in the U.S. 20 Corridor, 3rssented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 30-99 AN ORDINANCE AMENDING CHAPTER 11 (BUILDINGS AND BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 11-58.1 BY ESTABLISHING A TWELVE-MONTH MORATORIUM ON THE ISSUANCE OF PERMITS FOR WORK IN THE U.S. 20 CORRIDOR. Whereas, the Iowa and Illinois Deparb'nents of Transportation are conducting a U.S. 20 Mississippi River Crossing Study;, and Whereas, the issuance of permits in the study corridor of U.S. 20 could impact the study. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 11 (Buildings and Building regulations) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 163 Regular Session, April 19, 1999 11~58.1 as follov~: Section 11-58.1 Moratsdum - For work in the U.S. 20 Corridor The building official shall not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building or sign in the U.S. 20 corddor (Dodge Street), but not including demol~on, from the eastern corporate limits of the City of Dubuque westerly to the intersection of U.S. 20 (Dodge Street) with Cherokee Drive/Collins Street, as shown on the maps on fiie at the Office of the City Clerk, 50 W. 13a Street, Dubuque, Iowa, during the pedod from May 1, 1999 to May 1, 2000, except where a vested dght to the issuance of such permit accrued pdor to May 6, 1998. Section 2. This ordinance shall take effect on May 1, 1999. Passed, approved and adopted this 19th day of April, 1999. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 27th day of Apdl, 1999. Mary A. Davis CMC, City Clerk 1 t 4/27 Buol moved that the requirement that a pmpoeed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Robbins, Motion carded 7-0, An Ordinance Amending Code of Ordinances by deleting subsection (e) and adding new subse~ons (e), (0 and (g) to Section 32-263 relating to angle parking and adding portions of 4th Street and 5th Street to new subsection (f), with first reading given on 3-15 and second reading given on 4-5, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 31-99 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY DELETING SUBSECTION (e) AND ADDING NEW SUBSECTIONS (e), (f) AND (g) TO SECTION 32-263 RELATING TO ANGLE PARKING AND ADDING PORTIONS OF FOURTH STREET AND FIFTH STREET TO NEW SUBSECTION (t') NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section I. That the Code of Ordinances of the City of Dubuque, iowa, be amended by deleting Subsection (e) of Section 32-263 thereof as follows: (e) Vehicles having a greater length than twenty feet (20') overall, shall not be permitted to park at an angle upon any street. Vehicles shall be parked within spaces indicated and with front wheel of the vehicle against the curb, upon the following streets designated from time to time as streets where angel parking is perm~ed: First Street, from the First to Second Street Connector to Main Street. Second Street, from the First to Second Street Connector to Locust Street, Section 2, That the Code of Ordinances of the City of Dubuque, owa be amended by adding Subsection (e) to Section 32-263 thereof as follows: (e) Vehicles having a greater length than twenty feet (20') overall, shall not be permitted to park at an angte upon any street Section 3. That the Code of Ordinances of the City of Dubuque, owa be amended by adding Subsection (f) to Section 32-263 thereof as follows: (f) Vehicles shall be parked within spaces indicated and with a front wheel of the vehicle against the curb, upon the following streets designated from time to time as streets where front-in angle parking is permitted: First Street, from the First to Second Street connector to Main Street Second Street, from the First to Second Street Connector to Locust Street. Section 4. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Subsection (g) to Section 32-263 thereof as follows: (g) Vehicles shall be parked within spaces indicated and with a back wheel of the vehicle against the curb, upon the following streets designated from time to time as streets where back-in angle parking is permitted: Fourth Street, north side, from iowa Street to Main Street Fifth Street, north side from iowa Street to Locust Street. Passed, approved and adopted this 19th day of Apdl, 1999. Terrance M. Duggan, Mayor Reqular Session, April 19~ 1999 Attest MaryA: Davis, City Clerk NOT PUBLISHED AS OF JUNE 1, 1999 Buol moved final consideretion and passage of the Ordinance. Seconded by Nicholson. Carded by the following vote: Yeas---Buol, Nicholson, Robbins, Voetherg. Nays--Duggan, Markham, MichalskJ. An Ordinance Repealing Section 32- 271 relating to backing for the purposes of parking in the business distdct and adopting in lieu thereof a new Section 32-271, with tirst reading given on 3-15 and second reading given on 4-5, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 32-99 AN ORDINANCE REPEALING SECTION 32-27'1 RELATING TO BACKING FOR THE PURPOSES OF PARKING IN THE BUSINESS DISTRICT AND ADOPTING IN LIEU THEREOF A NEW SECTION 32-271 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 32-271 of the Code if Ordinances of the City of Dubuque, Iowa be repealed and the following new Section 32-271 be adopted in lieu thereof:. In the Business District the ddver of a vehicle shall not back the vehicle between parked vehicles in order to park the ddver's vehicle unless the ddver can do so without interfering with traffic. Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 19th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest. Mary A: Davis, City Clerk NOT PUBLISHED AS OF JUNE 1, 1999 Budi moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carded bythe following vote: Yeas--Budi, Nichdison, Robbins, Voetberg. Nays---Duggan, Markham, Michalski. Council Member Markham left the Chambers. City Manager requesting public hearing be set for June 7, 1999, to consider voluntary annexation request of William & Jennifer Duffy for their residence at 9606 Maquoketa Drive, and Jennifer Duffy requesting that this annexation request be tabled, presented and read. Jennifer Duffy spoke requesting that the annexation be tabled. Voetberg moved that this matter be tabled. Seconded by Buol. Motion carded 6-0. City Manager requesting public headng be set for June 7th to consider vdiuntary annexation request of Grandview Avenue United Methodist Church for approx. 20 acres of land adjacent to John F. Kennedy Road and the Dubuque Soccer Complex on the City's northwest side, presented and read. Michalsk~ moved thet the request be approved and.the Public Hearing set for 6-7-99 at 7:00 p.m. in the Public Ubrary Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion carded 6-0. Council Member Markham returned to the Chambers. City Manager recommending public headng be held on May 3, for Fiscal Year 1999 Budget, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO, 175-99 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PROPOSED AMENDMENT TO THE FISCAL YEAR 199 BUDGET AND DATE OF PUBLIC HEARING Whereas, it is proposed that the City of Dubuque amend its Fiscal year 1999 budget; and Whereas, Section 384.16 of the Code of Iowa stipulates that a public headng must be held on such a budget amendment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk by and is hereby authorized and directed to publish notice of public headng on an amendment to the adopted budget for the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution and Headng set for May 3, 1999. Seconded by Robbins. Motion carded 7-0. City Manager recommending public 165 Regular Session, April 19, 1999 hearing be set for May 3 to consider vacating a portion of Clearview Drive, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 176-99 RESOLUTION APPROVING PLAT OF OF PROPOSED VACATED CLEARVIEW DRIVE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated March 22, 1999, prepared by Buesing & Associates, describing the proposed vacated podion of Clea~dew Drive; 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. Thatthe plat dated March 22, 1999, prepared by Buesing & Associates, rela~ve to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and en behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstrucfing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electdc lines as may be authorized by the City of Dubuque, Iowa as shown on the attached plat. Section 3. That the City Clerk be and ia 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 19m day of April, 1999. Terrance M. Duggan, Mayor Attest: Mary A~ Dav~s, City Clerk Buol moved adoption of the resolution. Seconded by Nichclson. Motion carried 7-0. An Ordinance Vaca§ng of a portion of Clearview Drive, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 33-99 ORDINANCE VACATING A PORTION OF CLEARVIEW DRIVE Whereas, Mike Firmin Ford has requested the vacating of a poYdon of Clearview Drive; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated po~on of Clearview Ddve and assigned a lot number thereto, which hereinafter shall be known and described as Lot 4A of Northview Center Grove Place, in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that this po~on of Clea~ew Drive is no longer required for public use, except for uti[~ easements as noted, and vacating of said portion of Clea,Mew Drive known as Lot 4A of North'view Center Grove Place in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 4A of Northview Center Grove Place in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of Lot 4A of Northview Center Grove Place in the C~ of Dubuque, Iowa. Passed, approved and adopted this 19~ day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Published officially in the Telegraph Herald newspaper this 27th day of Apdi, 1999. Mary A: Davis CMC, City Clerk 1 t 4/27 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by N[cholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 177-99 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 4A OF NORTHV]EW CENTER GROVE Reqular Session, April 19i 1999 166 PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, the Mike Finnin Ford has requested the vacating of a po~on of Clearview Ddve. Whereas, Buesing & Associates has prepared and subm;~ed to the Council a plat showing the vacated por~on of Ctsa~ew Drive and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 4A of Nor~hvtsw Center Grove Place in the City of Dubuque, Iowa; and Whereas, the Cb Council of the C of Dubuque, Iowa has determined that this vacated po~on of Clea~ew Drive is no longer required for public use, except for utility easements as noted, and vacating and sale of said po~ons of alleys and streets known as Lot 4A of Nor~hv~ew Center Grove Placa in the Cb of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. ThattheC~ofDubuque intends to dispose of its interest in Lot 4A of Northview Center Grove Place in the City of Dubuque, Iow~. Section 2. That the conveyance of Lot 4A of Northview Center Grove Place in the City of Dubuque, Iowa to the Mike Finnin Ford be contingent upon the payment of $300.00, plus platting, publication and tiling fees. Section 3. The City of Dubuque reserves unto tise~ a perpetual easement including the r~ght of ingress and egress thereto, for the purpose of ereddng, installing, constructing, reconstruddng, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable, and etsctric lines as may be authorized by the City of Dubuque, Iowa as shown on the plat of Lot 4A of Northview Center Grove Ptace in the City of Dubuque, Iowa. Section 4. 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 19~ day of April, 1999. Terranca M. Duggan, Mayor Attest: MaryA: Davis, CityClerk Buol moved adoption of the resolution setting this matter for Public Hearing on 5-3-99 at 7:00 p.m. in the Public Library Auditorium and that the City Ctsrk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. City Manager subm~ng documents providing for construction of Dubuque Greyhound ParkAir-Cond~oning Un~t, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 178-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, spec~cations, form of contract and estimated cost for the Dubuque Greyhound Park and Casino Kennel HVAC Replacement Project, in the estimated amount of $162,000.00, are hereby approved and ordered tiled in the office of the City Clerk for public inspec~on. Passed, adopted and approved this 19th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, Cb Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 179-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the Cb Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, spec'r~cations, and form of contract and placed same on tile in the office of the City Clerk for public inspec~on of the Dubuque Greyhound Park and Casino Kennel HVAC Replacement Project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUE~UQUE, IOWA: That on the 17th day of May, 1999, a 3ubJic hearing will be held at 7:00 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and spec~cations, form of contract and cost of said improvement and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day tixed for its consideration. At the hearing, any interested person may appear and file 167 Regular Session, April 19, 1999 objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 19th day of April, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO, 180-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Dubuque Greyhound Park and Casino Kennel HVAC Replacement Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to biddem hereby approved as a part of the plans and specitications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulafion in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than foKy-five days pdor to the receipt of said bids at 2:00 p.m. on the 4th day of May, 1999. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 17th day of May, 1999. Passed, adopted and approved this 19th day of April, 1999. Torrance M. Duggan, Mayor Attest; Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. City Manager submitting documents providing for construction of 1999 Asphalt Paving Project- FY2000, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Mofion carried 7-0. RESOLUTION NO. 181-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, spec'r~catirms, form of contract and estimated cost for the 1999 Asphalt Paving Project - FY2000, in the esfimated amount of $178,639.11, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 19th day of Apdl, 1999. Torrance M. Duggan, Mayor Attest; Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 182-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specificafions, and form of contract and placed same on file in the office of the City Clerk for public inspection of the 1999 Asphalt Paving Project - FY2000. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of May, 1999, a public hearing wi~ be held at 7:00 p.m. in the Public Ubrary Auditorium at which time interested pemons may appear and be heard for or against the proposed p~ans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the headng, any interested pemon may appear and file objections to the proposed p~ans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 19th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest. Mary,&. Davis, City Clerk Buol moved adoption of the rssolutJon. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 183-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 1999 Asphalt Paving Project - FY2000 is hereby ordered to be advertised for bids for construction, Reqular Session, April 19, rl 999 168 BE IT FURTHER RESOLVED, that the amount of the secudty to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 6th day of May, 1999. Bids shall be opened and read by the C~ Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 17th day of May, 1999. Passed, adopted and approved this 19th day of April, 1999. Torrance M. Duggan, Mayor Attest Mary A; Davis, City Clerk Buol moved adop~on of the resolution. Seconded by Robbins. Motion carded 7-0. City Manager submitting documents providing for construc~on of Jackson Street Reconstruc~on, presented and read. Vostberg moved that the communication be received and filed. Seconded by Robbins. Motion carded RESOLUTION NO. 184-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE JT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That the proposed plans, specifications, form of contract and estimated cost for the Jackson Street Reconstruction, in the estimated amount of $752,633.89, ara hereby approved and ordered tiled in the office of the C~ Clerk for public inspection. Passed, adopted and approved this 19th day of Apdl, 1999. Torrance M. Duggan, Mayor Attest: MaryA; Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 185-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, iowa has given its preliminary approval on the proposed plans, specifications, and form of [ contract and placed same on file in the office of the City Clerk for public inspection of the Jackson Street Reconstruction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That on the 17th day of May, 1999, a public headng will be held at 7:00 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pdor to the day fixed for its consideration. At the headng, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 19th day of Apnl, 1999. Terrance M. Duggan, Mayor Attest: MaryA; Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 186-99 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on tile in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the Jackson Street Reconstruction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned Improvements, and unless property owners at the time of the final consideration of' this proposed resolution have on tile with the City Clerk obje~ons to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. 1,69 Regular Session, April 19, 1999 Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in propoYdon to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Street Construction Fund, the Local Option Sales Tax Fund, the Storm Sewer Construction Fund, the Water Depreciation Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolufion was introduced, approved and ordered placed on file with the City Clerk this 19th day of Apdl, 1999. Approved and placed on file for finat action. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 187-99 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Jackson Street Reconstru~on, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of May, 1999, a public headng 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 disthct, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be )ublished once each week for two consecutive weeks, the first publicafion of which shall be not less than ten days )dot to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objeclJons to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 19th day of April, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 188-99 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 2 inclusive, are hereby determined to be the schedule of proposed assessments for the Jackson Street Reconstruction and the valuations set out herein are hereby approved. Passed, approved and adopted this 19th day of Apdl, 1999. Terrsnce M. Duggan, Mayor Attest: MaryA. Davis, CityClerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 189-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Jackson Street Reconstruction is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. Re,qular Session, April 19~ 1999 170 That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 11th day of May, 1999. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final actcton at 7:00 p.m. on the 17th day of May, 1999. Passed, adopted and approved this 19th day of Apdl, 1999. Terranca M. Duggan, Mayor Attest MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. · Motion carded 7-0. City Manager submitting documents providing for construction of 1999 P.C. Concrete Paving Project - No. 1, presented and read. Markham moved that the communication be received and ~ed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 190-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, That the proposed plans, specifications, form of contract and estimated cost for the 1999 P.C. Concrete Paving Project - No. 1, in the estimated amount of $2,569,757.42, are hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, adapted and approved this 19th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest; MaryA, Davis, CityClerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 19'1-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given ~ prctmina~y approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the 1999 P.C. Concrete Paving Project - No. 1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of May, 1999, a public headng will be held at 7:00 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and ifie objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 19th day of Apdl, 1999. Terranca M. Duggan, Mayor Attest MaryA. Davis, CityClerk Markham moved adoption of the Rssolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 192.99 RESOLUTION OF NECESSITY VVhereas, proposed plans have been duly prepared and approved by the City Council of the C~ of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valua~on of each lot aa flied by the City Council, for the 1999 P.C. Concrete Paving Project - No. 1. NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. That the City Council deems it advisable and necessary for the public weEare to make the herein mentioned Improvements, and unless property owners at the time of the final consideration of this proposed rssolufion have on file with the City ;lerk objections to the resolution of lecessity, they shall be deemed to ~ave waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Counct and now on tile with the City Clerk. That the cost and expense of ].7]_ Regular Session, April 19, 1999 making such improvement will be assessed papally or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special beneC~ts conferred. The portion of the cost which shall be borne by the City will be paid from the Street Construction Fund, Local O~on Salss Tax Fund, Sanitary Sewer Constru~on Fund, and the Water Depreciation Fund, and special assessment bonds may be issued in · anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the C~ Clerk this 19th day of April, 1999. Approved and placed on file for final action. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 193-99 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the 1999 P.C. Concrete Paving Project- No. 1, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of May, 1999, a public headng 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 a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and I~lace of such headng 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 publicaiton of which shall be not less than ten days ~dor to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 19th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, C~Clerk Markham moved adop~on of the Resolution. Seconded by Robbins. Mofion carded 7-0. RESOLUTION NO. 194-99 RESOLUTION APPROVING PRE- LIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 9 inclusive, ara hereby determined to be the schedule of proposed assessments for the 1999 P.C. Concrete Paving Project - No. 1 and the valuations set out herein ara hereby approved. Passed, approved and adopted this 19th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 195-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 1999 P.C. Concrete Paving Project - No. 1 is hereby ordered to be advertised for bids for construction. BE tT FURTHER RESOLVED, that the amount of the securf['y to accompany each bid shall be in an amount which shall conform to the )rovisions of the notice to bidders hereby approved as a part of the plans and specific~ons heretofore adopted. That the City Clerk is hereby directed to adveCdse for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not Regular Session, April 19~ 1999 172 be less than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 27th day of May, 1999. Bids shall be opened and read by the City Clerk at said time and wi[l be submitted to the Council for flnaJ action at 7:00 p.m. on the 7th day of June, 1999. Passed, adopted and approved this 19th day of Apdl, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. Zoning Advisory Commission advising of their approval to redaes~ property North of Asbury Rd. and west of Northwest Artedal from AG to PUD and amend distdct for Asbury Plaza Shopping Center (Corey Development Ltd.), presented and read. Budi moved that the communication be received and 'died. Seconded by Robbins. Motion carried 7-0. An Ordinance rezcning property located North of Asbury Road and west of the Northwest Artedal from AG Agricultural Distdct to PUD Planned Unit Development with a PC Ptanned Commercial designation and amending the existing PUD District for Asbury Plaza Shopping Center, presented and read. Budi 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 Robbins. Motion carded 7-0. Buol moved that a Public Headng be held on the proposed Ordinance on the 3rd day of May, 1999 at 7:00 p.m. in the Public Library Auditorium and that the C~ Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carded 7-0. Zoning Advisory Commission advising of their approval to amend the tD Disthct for Univemity of Dubuque, presented and read. Buol moved that the communication be received and flied. Seconded by Robbins. Motion carded 7-0. An Ordinance Amending ID Institutional District at University of Dubuque to allow expansion for the library and a new parking lot st the northwest corner of AJgona and Bennett Streets, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeUng at which it is to be finally passed be suspended. Seconded by Robbins. Carded by the following vote: Yeas--Duggan, Buol, Markham, Nicho~son, Robbins, Voetberg. Nays--Michalski. Budi moved that a Public Headng be he~d on the proposed Ordinance on the 3rd day of May, 1999 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner ~rescdbed by law. ' Seconded by Robbins. Motion carded 7-0. Zoning Advisory Commission advising of their denial to amend the PUD District for Medical Associates Clinic (1500 Associates Drive), )resented and read. Michalsld moved that the communication be received and 'died. Seconded by Budi. Motion carded 7-0. John Patrick, Pres. of Amedcan Asso. Realty, spoke requesting that this be set for Headng. An Ordinance Amending the PUD Planned Unit Development Disthct to aiJow two identificafion signs up to 300 square feet in area and 40 feet in heigh~ presented and read, Michalski moved that a Public Headng be held on the proposed Ordinance on the 3rd day of May, 1999 st 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner )rescdbed by law. Seconded by Buol. Motion carded 7-0. Zoning Advfsory Commission advising of their approval to rezone property at 605 Bluff St from OR to C-4 District, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. An Ordinance Amending Zoning Map by reclassifying property at 605 Bluff Street from OR Office Rssiden'dal District to C-4 Downtown Commercial District (Kathleen FreemanNVashington Westport Corp., Inc.), presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be 'dnally passed be suspended. Seconded by Markham. Carded by the following vote: Yeas--Duggan, Buol, Markham, ].73 Regular Session, April 19, 1999 Nicholson, Robbins, Voetberg. Nays--Michalski. Buol moved that a Public Headng be held on the proposed Ordinance on the 3rd day of May, 1999 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 Markham. Motion carded 7-0. Zoning Advisory Commission advising of their approval to re. zone property at 3536 Crescent Ridge from PUD (with PR designation), R-1 and AG to R-3 District (Michael Steele), presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. An Ordinance Amending Zoning Map by reclassifying property at 3536 Crescent Ridge from PR Planned Residential, R-1 Single-Family Residential District, and AG Agricultural Distdct to R-3 Moderate Density Multi- Family Residential District, presented and read. Buo[ moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Mo'don carded 7-0. Buol moved that a Public Headng be held on the proposed Ordinance on the 3rd day of May, 1999 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescdbed by law. Seconded by Robbins. Motion carded 7-0. Zoning Advisory Commission advising of their approval to rezone property at 3616 Crescent Court from R-1 to C-3 Distdct (Mike Finnin), prssented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. An Ordinance Amending Zoning Map by reclassifying prope~ at end of Crescent Court from R-1 Single-Family Residential District to C-3 General Commercial District, presented and read. Buol movedthatthe requirement that a pmpossd Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Motion carded 7-0. Buol moved that a Public Headng be held on the proposed Ordinance on the 3rd day of May, 1999 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 Robbins. Motion carded 7-0. Zoning Advisory Commission advising of the approval' of text amendment to the Zoning Ordinance regarding sign regulations (City of Dubuque), presented and read. Buol moved that the communication be received and fi]ed. Seconded by Robbins. Motion carded 7-0. An Ordinance Amending Zoning Ordinance regarding Section 4-3 Sign Regulations and Section 8 Definitions of the Zoning Ordinance to permit canopy signs for gas stations and financial institutions in C-2, C-3, C-4, C-5, PC, CR, LI, MHI, HI and P[ Districts, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Motion carded 7-0. Buol moved that a Public Headng be held on the proposed Ordinance on the 17th day of May, 1999 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 Robbins. Motion carded 7-0. There being no further business, Voetberg moved to adjourn. Seconded by Robbins. Mo'don carded 7-0. The meeting adjourned at 9:30 P.M. Is/Mary A. Davis CMC, Cb Clerk Reqular Session, April '19~ 1999 174 Approved ~ ~' ,1999 Adopted .. /¢'~'~', ~, 1999 Council Membe~ A~es Ci~ Clerk /