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1999 August Council ProceedingsSpecial Session, August 2, 1999 330 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 2, 1999 Council met at 5:30 P.M. Public Library Auditorium Present: Mayor Duggan, Council Membem Buol, Markham, Michalski, Nicholson, Robbins, Voetberg. Staff and Others Present: Laura Carstens, Mike Koch, Gus Psihoyos, Pauline Joyce, Kyle Kr'rtz, Ron Smith, Bob Green, Pat Friedman. There was a discussion on development standards and policies for City Utii~es and Infrastructure. There being no fuKher business, upon consensus this special meeting adjourned at 6:38 P.M. /s/MaP/A. Davis CMC, City Clerk Approved.(~~/' ,1999 AdopterS/ 1999 L/ Council Meml:w~s Cb Clerk~/ 33] Regular Session, August 2, 1999 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, August 2, 1999 Council Met at 7:00 P.M., Public Library Auditorium Present: Mayor Duggan, Council Membem Buol, Markham, Michalsld, Nicholson, Robbins, Voetberg, City Manager Michael Van M[lligen, Corporation Counsel Barry A. Undahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may propedy come before the Council. Invocation was given by Deacon Dave McGhee, Pastoral Associate of Nativity Catholic Chumh. PROCLAMATIONS -- Aug. 4 thru Oct. 31 as "United Way Campaign Time" received by Jim Hall. MINUTES SUBMITTED -- Airport Commission of 5-24 & 6-14; Cable TV Regulatory of 7-14; 5 Flags of 7-19 (canceled); Housing Commission of 7- 13; Park & Recreation Commission of 7-13; Zoning Advisor, Commission of 7-7, presented and read. Voetberg moved that the minutes be received and tiled. Seconded by Robbins. Motion carried 7-0. Printed Council Proceedings for month of June, 1999, presented for approval. Voetberg moved that the proceedings be approved as printed. Seconded by Robbins. Motion carried Proofs of Publication on publishing minutes for council meetings of June 23 & July 6, 1999, presented and read. Voetberg moved that the proofs be received and tiled. Seconded by Robbins. Motion carried 7-0. Substance Abuse Services Center submitting their quarterly report, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. NOTICE OF CLAiMS/SUITS: John Hartwick in unknown amount for personal injuries; Sy~vestar Otting in unknown amount for personal injures; John Penning in amt. of $1,97.33 for vehicle damages; Robert Puls in amount of $234.42 for vehicle damages; Art & Lela Tigges in unknown amount for backup sewer damages; Jill Vondran in unknown amount for vehicle damages, presented and read. Voetherg 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 Communities Assurance Pool; Property damage of Glen L. Albert; Property damage of Judy A. Hohmann; Personal injury of Alice J. KJrpes; Vehicle damage of Igor Kogoutiouk; Property loss and CMl Rights of Harian Kyle; Property damage of Mildred Ucht; Property damage of Pead R. Meyers, presented and read. Voetberg moved that the communica~on be received and tiled. Seconded by Robbins. Motion carried Corporation Counsel recommending $100.00 payments be author[zed and paid as part of the Sanitary Sewer Backup Assistant Program to Louis Henddck and Mr. & Mrs. Russell Hibben, presented and read. Voetherg moved that the communication be received and flied and approved recommendations for payment. Seconded by Robbins. Motion carried 7-0. Beth Lynch submitting her resignation from Environmental Stewardship Advisory Commission, presented and read. Voetberg moved that the resignation be received and tiled and accepted with regreL Seconded by Robbins. Motion carried 7-0. Copy of letter from Resurrection Cemetery Association expressing concerns with development of property and construction project to the east of the cemetery, presented and read. Michalski moved that the communication be received and tiled. Seconded by Markham. Motion carded Reqular Session, Au.qust 2, 1999 332 7-0. Michalski request-ed that City Staff contact Corey Development to express City's concerns regarding development and constru~on in this area. Dubuque Jaycees, KDTH and KAT- FM Radio requesting to conduct a fireworks display on Fdday July 3, 2000 from 9:00 p.m. to 10:30 p.m. located on Volunteer Road between Hawthorne and Lime, presented and read. Voatberg moved that the communication be received and filed and request approved. Seconded by Robbins. Motion carded 7-0.- Environmental Protection Division of State of Iowa submitting the Westewater Compliance Evaluation Inspection report, presented and read. Voetherg moved that the communication be received and tiled. Seconded by Robbins. Motion carded 7-0. IDED advising Audit Report for Dubuque Housing Se~ces has met with satisfactory compliance, presented and read, Voetberg moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. Delbert and Larry Miller reques~ng vacation of Kane Court located in West Ridge 2nd Addition, presented and read. Voetberg moved that the communication be referred to the City Manager. Seconded by Robbins. Motion carded 7-0. City Manager recommending apprevsi of Webb Al(iance as the prima~y consultant for the Housing Se.wices Department's Future Search Conference and planning process, presented and read. Voetberg moved that the communication be received and flied. Seconded by Robbins. Motion carded 7-0. City Manager recommending approval of an application for a $200,000 REAP grant from DNR to acquire land adjacent to the Dubuque Star Brewery needed to construct the Mississippi Riverwsik, presented and read. Voetberg moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 411-99 APPLICATION FOR RESOURCE ENHANCEMENT AND PROTECTION FUNDS TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE MISSISSIPPI RIVERWALK PROJECT Whereas, the Iowa Department of Natural Resources has allocated grant funds for the development of natural areas, recreational trails and facilities for pedestrians and bicycles; and Whereas, the City has an adopted Riverfrent Plan which places high priority on hike/bike trail development along the Mississippi River and the linkage of the e~sting Heritage Trail with the Mines of Spain State Recreational Area; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign and the C~ Planner is hereby authorized to submit the resolution and the application to the Iowa Department of Natural Resources for Resource Enhancement and Protection Funds for the Mississippi Rivarvvalk project Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital improvement Program funds to provide the tinancial match for this project should the application be approved by the Iowa Department of Natural Resources. Section 3. That in the event said applica'don is approved, the C~ Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use for a minimum of twenty (20) years following project completion. Section 4. That the City of Dubuque agrees to abide by ali local, state and federal requirements applicable to the proposed project. Passed, approved and adopted this 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest Mary.A. Davis, C~ Clerk Voetherg moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Dubuque Greyhound Park & Casino requesting 3rd amendment to their 1999 ClP Schedule to allow purchase of 4 video reel slot machines at a cost notto exceed $122,000 with the source being DRA Rese~e Funds- Contingency and City Manager recommending approval of request, and read. Vostberg moved that the communications be received and filed and request approved. 333 Regular SeSsion, August 2, 1999 Seconded by Robbins. Motion carded 7-0. City Manager recommending - . acceptance of Alta Place Storm Sewer Extension, presented and read. Voetberg moved that the communication be received and flied. Seconded by Robbins. Motion carded 7~0. RESOLUTION NO. 412-99 ACCEPTING IMPROVEMENT Whereas, the contract for the Alta Place Storm Sewer Extension Improvements Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE tT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Local Option Salss Tax Fund and the Road Use Tax Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 2nd day of August, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 413-99 FINAL ESTIMATE Whereas, the contract for the Alta Place Storm Sewer Extension Improvements Project has been completed and the C~ Engineer has submitted his final estimate showing the cost thereof including the cost of ectmatss, 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 $58,337.09 and the said amount shall be paid from the Local Option Sales Tax Fund and the Road Use Tax Fund. Passed, approved and adopted this 2nd day of August, 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 final assessment(s) for 1998 Sidewalk Assessment Project, ~resented and read. Voetberg moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 414-99 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR 1998 SIDEWALK ASSESSMENT 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 PUBESH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments showing the assessments proposed to be made for the construction of the 1998 Sidewalk Assessment Project, which schedule was filed in the office of the C~ Clerk on the 28th day of July, 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 respec~ve sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective propertes benefitted by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not Reqular Session, August 2, 1999 334 in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said cerlJflcation 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 par[ 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 iestallments and will draw annual interest at nine (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 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ~ .TOTAL ASS Larry & Michelle Oyen Lot 8 Blk 5 Sunset Park Sub. 533.60 Thomas & Noreen Larson Lot 1-3 BIk 6 Sunset Park Sub $294.40 ~onald & Lora Avenarius Lot 10 BIk 8 Sunset Park Sub. $239.20 Thomas & Julie Burke Lots 19, 20 BJk 5 Hillcrest Park Sub. $489.44 Gerald & Bernice Scherrer Lot 5 Gerald Scherrer Sub. $633.88 Stacy & Miles Coble NW 1/4 Lot 8 & Lot 2 SW 1/4 Lot 10, John Kings Sub. $55.02 Dale Sprague Lot 1 SW 1/4 Lot 10 John Kings Sub. $257.60 Robert Ellis Lot 6 South Ave. Add. $379.96 Gregory Csshman Lot 9 E. Langworthy's Addn. $676.20 TOTAL: $3,559.30 Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-O. City Manager recommend ng approval and execution of IA Dept. of Public Health Chi dhood Lead Poisoning Funding and Agreement with the Visiting Nurse Association (VNA), presented and read. Council Member Voetberg moved that the communication be received and flied and recommendation approved. Seconded by Council Member Robbins. Motion carded 7-0. RESOLUTION NO. 414A-99 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH AND AN AGREEMENT WITH THE DUBUQUE VISITING NURSE ASSOCIATION. Whereas, the City of Dubuque has established such a local childhood lead poisoning prevention program; and Whereas, the Iowa Department of Public Health has offered to provide financial support for actM~es re~ating to the Iocat childhood lead poisoning ~prevention pregram in the City of Dubuque; and Whereas, the City of Dubuque will ~revide environmental and medical case management of iden~ed lead )oisoned children in addition to community outreach and education on the problem of childhood lead poisoning. Whereas, the City of Dubuque must provide medical case management for ali lead poisoned children in the city, and provide community outreach and education; and Whereas, the City of Dubuque will enter into an agreement with the Dubuque VIsing Nume Association to )rovide medical case management of lead poisoned children and conduct community outreach and education for the ci~zees of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ses~on 1. That the City of Dubuque, Iowa hereby approves the attached contract between the Iowa Department of Public Hea~th and the City of Dubuque, Iowa. Regular Session, August 2, 1999 Section 2. That the attached Memorandum of Understanding by and between the City of Dubuque, Iowa and the Dubuque Visi~ng Nume -- Association is hereby approved. Section 3. That the City Manager or his designee is hereby authorized and directed to execute said contract and agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 415-99 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 Papem within said City. RENEWALS Billy Buck's, Inc. Billy Buck's East St. Tap 521 E. 22nd St. King of Clubs Inc. Freddy's King of Clubs 1902 Central Ave NEW Jymie Lyons Jym's Bar 1700 Central Ave Passed, approved and adopted this 2nd day of August, 1999. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 416-99 Whereas, applications for Beer Perm~ have been submitted and t~led 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 flied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B' BEER PERMIT Smoke Shack Bar-B-Q Inc Smoke Shack Bar-B-Q+(Sunday Sale) 2255 J.F~K. Rd CLASS "B") PERMIT (SPECIAL ONE-DAY EVENT} Four Mounds Foundation Inc. Four Mounds Foundation +(Outdoor Sale) 3rd St-Harbor Chuck Isenhart Dub. Area Labor /Management+(Outdoor Sale)Tent A Town Clock Chuck Isenhart Dub. Area Labor /Management+(Outdoor Sale}Tent B Town Clock PIz Chuck lsenhart Dub. Area Labor /Management+(Outdoor Sale)Tent C Town Clock P[z Passed, approved and adopted this 2nd day August, 1999. Terrance M. Duggan, Mayor Attest: MaryA Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 417-99 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 City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to muse to be issued the following named applicants a Liquor License. CLASS "C"(COMMERCIAL) BEEPJLIQUOR LICENSE Carol Meyers/LisaTott Tott's Tap +(Outdoor Sale-1 Day ) 3457 Jackson St Apple Corps, LP Applebee's Neighborhood Gdll+(Sunday Sale) 1355 Associates Dr Passed, approved and adopted this 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest'. MaryA: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. BOARDS AND COMMISSIONS: Individuals are invited to address the Council to express their desire to serve on various Boards/Commissions. HOUSING COMMISSION Applicants: Timothy Crabb, David Kapler, Harry Neustadt, Dan Teply III, Reqular Session, August 2, 1999 Paula Stenlund, Thomas Swift II. David Kapler spoke. TRANS~ BOARD OF TRUSTEES- Applicants:-Geo~e Enderson, Joer Ugh~ap and Michael Sand. No one spoke. TV CABLE TELEPROGRAMMING COMMISSION - Applicants: Paul Kohl and Sr. Carol Hoverman. St, Carol Hoverman spoke. APPOINTMENTS to the following Boards/Commission. ELECTRICAL CODE BOARD * Applicants: James Dixon, Kevin Pfohl, Dan Hammet, David Pregler, Troy Coakley, and Elaine Reiss. Electrical Contractor posi~on applicants: James Dixon & Kevin Pfohl. Vote for that appointment was as follows: Budi voted for Dixon. Duggan voted for Dixon. Markham voted for Dixon. Michaiski voted for Dixon. Nichoison voted for Dixon. Robbins voted for Dixon. Vostberg voted for Dixon. Therefore James Dixon appointed to the three year term that will expire 5-21-02 for the Electrical Contractor position. Electrical Journeyman/ Maintenanceman position - needs two. Applicants: Dan Hammel, Kevin Pfohl, David Pregler. Vote on the two appoin~3"nents was as follows: Buol voted for Hammet and Pfohl. Duggan voted for Hammel and Pregler. Markham voted for Hammel and Pfohl. Micha[ski voted for Hammel and PfohL Nichoison voted for Hammel and Pfohl. Robbins voted for Hammel and Pregler. Voetherg voted for Hammel and PfohL Therefore, Dan Hamme~ reappointed and Kevin Pfohl appointed to three year terms to expire 5-21-02 for the Journeyman/Maintenance positions. At Large position - Need 1, now Pregler. Applicants: Troy Coakley, David Pregler. Buol voted for Coaldey. Duggan voted for Pregler. Markham voted for Pregler. Michalski voted for Pregler. Nicholson voted for Pregler. Voetberg voted for Coaldey. Therefore, David A. Pregler reappointed to a three year term to expire 5-21-02 for the At Large position. Electrical Engineer - Need 1, Now Reiss. Applicant Elaine Reiss. Michalsld moved that Elaine Reiss be rea.ppoiated to a three year term to expire 5-21-02 for the Electrical Engineer posYdon. Seconded by Robbins. Motion carded 7-0. 336 TV CABLE REGULATORY COMMISSION - Applicant Ronald Tigges. Voetberg moved that Ronald Tigges be reappointed to a three year term - which .will - expire 6-30-02, Seconded by Robbins. Motion carded 7-0, Robbins moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Nishoison. Motion carded 7-0. Proof of publication ceYdfied to by the Publisher on Notice of Public Headng to consider reclassifcng property located at 1561 Jackson St from R-2A to OR Distdct as requested by St Mary's Church Corporation; Communications of Pat & Harold Keeler; Made Welter;, Edward Karwoski, St.; Mrs. Mary Asbell; Petition containing 108 signatures; Hareld Rissselman; Marcella Riesselman and Gerald A. McGinnity objecting to proposed reclassifica'don, 3reseated and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carded 7-0. Sisters of Charity, BVM, (Opening Doors) requesting approval of rezoning, presented and read. Bud moved that the communication be received and tiled. Seconded by Michalsld. Motion carded 7-0. Sister Helen Huewe on behalf of "Opening Doors' spoke to the requested rezoning for the Mada House, Deacon Tim LoBianco of St Mary's & St. Pat's spoke of the definite need for this type of housing. Mary Kay Podzen, Karen Whalen, Joyce Huseman, Sister lnez Tummeyer, and Jim Holz all spoke endorsing this project. Liliian Kramer, Edward Karwoski, Marce~la RiesseJman, Donald Hoppman, spoke objecting to the proposed project An Ordinance Amending Zoning Map by reclassifying property at 1561 Jackson Street from R-2A Altemate Two-Family Residential District to OR Office Reside. nfial District, with first and second g~ven on 7-19-99, now )resented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 63-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF 337 Regular Session, August 2, 1999 DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1561 JACKSON STREET FROM R-2A- ALTERNATE- TWO-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from R- 2A Alternate Two-Family Residential to OR Office Residential District, to wit: North 130 feet of City Lot 493 of the Original Town and to the centedine of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the Cb of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 2nd day of August, 1999. Terranca M. Duggan, Ma~,or Attest: MaryA: Davis, Cb Clerk Published officially in the Telegraph Herald newspaper this 9th day of August, 1999. Mary A: Davis CMC, City Clerk It 8/9 Buol moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carded 7-0. Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Klingenberg Terrace Retaining Wail Reconstruction Project and City Manager recommending to award contract for project, presented and read. Michalski moved that the proofs and communication be received and tiled. Seconded by Voetherg. Motion carded 7-0. RESOLUTION NO. 418-99 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 Klingenberg Terrace Retaining Wall Reconstruction Project, in the estimated amount of $336,183.00, are hereby approved and ordered tiled in the office of the City Clerk for public inspection. -' Passed, adopted and approved this 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Rasolution. Seconded by Voetberg. Motion carded 7-0. RESOLUTION NO. 419-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Klingenberg Terrace Retaining Wall Reconstruction Project pursuant to Resolution No. 388-99 and notice to bidders published in a newspaper published ia the City of Dubuque, Iowa on the 9th day of July, 1999. Whereas, said sealed proposals were opened and read on the 22th day of July, 1999, and it has been determined that the bid of Portzen Construction inc. of Dubuque, Iowa, in the amount of $279,989.80 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 Podzen Construction Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Voetberg. Motion carded 7-0. Proof of publication cer~fied to by the Publisher on Notice of Public Headng to consider issuance of not to exceed $3,200,000 Urban Renewal Tax Increment Revenue Bonds for Kerper Re.qular Session, Au.qust 2~ 1999 33;q Boulevard Industrial. Park Economic Development District, presented and road. Vostberg moved that the proof be roceived and tiled. Seconded by · ~ Nichelson..Motion carried 7-0. Bud Isenhart spoke questioning the totel costs of the entire area. RESOLUTION NO. 420-99 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $3,200,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS Whereas, pursuant to notice published as requirod by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $3,200,000 Urban Renewal Tax Incroment Revenue Bonds for the purpose of pay costs of aiding in the planning, undertaking and carrying out of urban renewal project actMties under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Kerper Boulevard Industdel Park Economic Development District, including those costs associated with the funding of an economic development grant to Dubuque Eagle, LLC, a Nevada limited liability company, pursuant to and under the condi~ons set forth in that certain Development Agroement dated as of February 15, 1999 by and among the City of Dubuque, Eagle VV~ndow & Door, inc., an Iowa corporation, and Dubuque-Eagle, LLC, in respect of certain minimum improvements to be constructed and jobs to be maintained and created by said pa~es in the Kerper Boulevard Industrial Park Economic Development District under said Development Agreement, and has considerod the extent of obje~ons received from residents or property owners as to said proposed issuance; and, accordingly the following adtion is now considered to be in the best interests of the City and residents theroof: NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That this Council does heroby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $3,200,000 Urban Renewal Tax Incroment Revenue Bonds for the foregoing purpose. Sec'don 2. The City Manager is authorized and dirocted to proceed on behalf of the City with the negotiation of the terms of said Urban Renewal Tax Increment Revenue Bonds, to select a date for .the sale and authorization theroof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and othen~ise to take ali adtion necessary to permit the sale of said Urban Renewal Tax Increment Revenue Bonds on a basis favorable to the City and acceptable to the Council. Passed and approved this 2nd day of August, 1999. Terrance M. Duggan, Mayor Mary.A. Davis CMC, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nishoison. Motion carded 7-0. Voetberg moved to remove the following item which was tabled at the Meeting of July 6, 1999. Seconded by Robbins. Motion carried 7-0. Proofs of publication cer~ed to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of 1999 Curb Ramp Installation - CDBG AND City Manager recommending to award contract for project, presented and read. Michaiski moved that the ~roofs and communication be received and tiled. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 421-99 RESOLUTION ADOPTING AMENDED PLANS AND SPECIFICATIONS Whereas, on the 2nd day of June, 1999, plane, specifications, form of contract and estimated cost were tiled with the City Clerk of Dubuque, Iowa for the 1999 Curb Ramp Installation - CDBG Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as roquirod by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the streets included in the 1999 Curb Ramp Installation - CDBG Project be amended by deleting Algona Street and substituting therefore Jackson Street between 14th and 18th Streets. Se~ee 2: That the said amended plans, specifications, form of contract and estimated cost arc hereby 339 Regular Session, August 2, 1999 approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 2nd day of August, 1999. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 422-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 1999 Curb Ramp Instailafion - CDBG pumuant to Resolution No. 313-99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 11th day of June, 1999. Whereas, said sealed proposals were opened and read on the 22nd day of June, 1999, and it has been determined that the bid of Perry Construcfion of Dubuque, Iowa, in the amount of $57,572.40 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 Perry 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 2nd day of August, 1999. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Cisrk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. HEARINGS to cons[der Penalties for Tobacco Permit Holders and approve penalties as required by Chapter 453A.3 of the Iowa Code. FIRST OFFENSE FOR $300.00 ASSESSMENT: AMOCO Food Shop 1450 Loras Blvd.; Aragon Tap; Bodinss; Dubuque Racing Association; IOCO Speede Shoppe; Tugboat Willy's; Hartig Drug 700 Town Clock, presented and read. Micha[ski moved that the communications be received and filed and penalties approved. Seconded by Nicholson. Motion carded 7-0. Myra &Stan Woodman of the Aragon Tap and a spokesman from Harfig Drug Co. spoke requesting leniency. SECOND VIOLATION within two years - 30 day suspension of the permit:. Angies and KWIK Stop, 2360 Central Ave., presented and read. Michalski moved that the communicafions be received and filed and penalties approved. Seconded by Nichoison. Motion carried 7-0. THIRD VIOLATION within five years - 60 day suspension of the permit: Martin Auto Magic, presented and read. Michalski moved that the communication be received and filed and pena~ approved. Seconded by Nicholson. Motion carded 7-0. MERCHANTS HOTEL BUILDING DEMOLiTION AND SITE CLEARANCE (30 days extension granted on July 6, 1999). City Manager responding to Chamber of Commerca's inquiry about parking availability and communication from the partnership of Jeff Bertsch, Mike Steele and John Gronen advising of their withdrawal on proposal to save the Merchants Hotel, presented and read. Voetberg moved that the communication be received and filed. Seconded by Nichoison. Carded by the following vote: Yeas--Mayor Duggan, Council Members Buol, Markham, Nichoison, Robbins, Vostberg. Nays--Michalski. RESOLUTION NO. 423-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 14th day of May, 1999, plans, spec'~cstJons, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Merchants Hotel Building (304- 326 Main Street) Demolition and Site Clearance Project. Whereas, notice of heating 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 Regular Session~ August 2~ 1999 hereby approved . as the plans, specifcations, form of contract and es~Jmated cost for said improvements for said project. -Passed, adopted and approved this 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest: MaryA: Davis, CH Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Carded by the following vote: Yeas--Duggan, Buol, Markham, Nicholson, Robbins, Voetberg. Nays--Michalski. RESOLUTION NO. 424-99 RESOLUTION AWARDING CONTRACT FOR MERCHANTS HOTEL BUILDING (304-326 MAIN STREET) DEMOLITION AND SITE CLEARANCE PROJECT Whereas, eealed proposals have been subm~ed by contractors for the Merchants Hotel Building (304-326 Main Street) Demolition and Site Clearance Project pursuant to Resolution No. 244-99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa onthe 1st day of June, 1999. Whereas, said sealed proposals were opened and read on the 15th day of June, 1999 and it has been determined that the bid of Tschiggffie .Excavafing Company of Dubuque, Iowa In the amount of $244,140 was the lowest bid for the furnishings of all labor and matadals 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 Tschiggfde Excavating Company and the City Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the completa performance of the work. Section 2. 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 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest; Map/A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Carried by the following vote: Yeas--Duggan, Buol, Markham, NichoJson, Robbins, Voetberg. 34O Nays--Michalski. City Manager subm~ng an Ordinance providing for the prohibi~on on the use of Jake .Brakes in the City, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. Ed Tschiggfde spoke of the additional braking safety factor necessary with Jake Brakes and objected to their prohibifon. An Ordinance Amending City Code of Ordinances by enacfing a new Secfion 32-118 prohib~ng the use of Jake-Brakes presented and read. Counc Member Markham moved to table this matter to re-examine the Ordinance and to see if a straight pipe or failure to use a proper muffler should be attached to this Ordinance. Seconded by Nicholson. Motion carded 7-0. City Manager recommending denial to construct a fence on City right-of- way at 3725 Asbury Rd., Buol moved that the communication be received and filed and recommendafion of denial approved. Seconded by Voetberg. Motion carded 7-0. TABLED FROM MEETING OF JULY 19, 1999 - Upon mo~on the following was removed from the table: CH Manager submitfing comments recommending Parking Revenues for the expansion of the F~h St, Parking Ramp, presented and read. Voetberg moved that the communication be received and filed and approved recommendation and Staff was instructed to prepare proper parking rates increase Ordinance. Seconded by Buol. Motion carded 7-0. Cfty Manager advising of the Housing Commission's appointment of members to the Planning Committee for Future Search Conference. and requesting a delegate from the City Council, presented and read. Voetberg moved that the communication be received and filed and that Council Member Michalski be appointed. Seconded by Nicholson. Mofion carded 7-0. City Manager recommending David Ha~g serve es an alternate for Watier Paterson on the Bnlboard Ad Hoc Committee, representing the Regular Session, August 2, 1999 Environmental Coalition, presented and read. Robbins moved that the communication be received and filed and recommendation approved. Seconded by Vostberg.-Motion carried 7-0. City Manager recommending approval of final plat of Emerald Acres No. 2, presented and read. Robbins moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. RESOLUTION N~. 425-99 A RESOLUTION APPROVING THE FINAL PLAT OF EMERALD ACRES NO. 2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Emerald Acres No. 2 in the City of Dubuque, Iowa; and Whereas, upon said final plst appears, streets to be known as Tanzanite Drive, Sapphire Circle and Millennium Drive (Lot A), together with cer[ain public utility and sewer easements and storm water detention facility, which the owners by said final plat have dedicated to the public forever; and Whereas, the final plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below;, 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; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Tanzanite Ddve, Sapphire Circle (Lot A) and Millennium Drive together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the final plat of Emerald Acres No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce Tanzanite Dr~e and Sapphire Circle and Millennium Ddve to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. b. To install sanitary sewer mains, including interceptor lines and sewer service laterals into each indMdual lot, water mains and water .service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices si~ in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. c. To construct a storm water detention facility in a manner acceptable to the City Engineer in accordance with the improvement plans and City of Dubuque Standard Specifications approved by the City and inspected by the City Engineer, and maintain said detention facility until 80 percent of the sum of the platted lots are fully developed and the remaining 20 percent of said lots have instaJled adequate erosion control measures as approved by the C~ Engineer. d. To provide easements for sanitary sewer lines, storm sewer lines, and detention area lying outside the boundaries of Emerald Acres No. 2, but are essential to the development of said subdivision. e. To construct said improvements prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owners. f. To maintain the public improvements for a period of two (2) years from the date of acceptance of those improvements by the C~ of Dubuque, Iowa, at the sole expense of the owners or future owners. And further provided that said T- Corp., as owners of said property, shall secure the per[ormance of the foregoing conditions provided in this Regular Session, August 2~ 1999 342 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 abut~ng the public rights-of-way, including lots with multiple frontages as mquirad by CH Code 41-16~ through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk instaliatior wilt not be required until the development of the'Jot has been completed, except as required herein. In sparsely developed subdMsions, sidewalks on developed lots wilt not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks insteiled upon development of 80% of the lots approved by the plat Section 4. Thatthefinal acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard spec~cations and accepted by City Council Resolution. Section 5. That maintenance expenses incurred by the City of Dubuque for the storm water detention facility shall be assessed against Lots 1 through 29 in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall pramptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with an in the same manner as general property taxes in accordance with provisions of law. Se~on 6. That in the event T-Corp. 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 provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 425- 99 I, Edward D. Tschiggfde, the undersigned, representing T-Corp., owner and developer, having read the terms and cond~ons of the Resolution No. 425-99, and being familiar with the conditions thereof, hereby accept the same and agree to the conditions requ red therein. Dated this 2nd day of August, 1999. T-Corp., Owner and Developer - -By:/s/Edward D. Tschiggfde, President Robbins moved adoption of the Resolution. Seconded by Niche]son. Motion carried 7-0. City Manager recommending vacating per'on of Clara Street and set hearing for August 16, 1999, presented and read. Vostberg moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 426-99 RESOLUTION APPROVING PLAT OF PROPOSED VACATED CLARA STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated July 6, 1999, prepared by IIW Engineers & Surveyom, P.C., describing the proposed vacated ps,on of Clara Street; and Whereas, said plat conforms to the Jaws 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 July 6, 1999, prepared by IIW Engineers & Surveyors, P.C., reia~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 on behalf of the City of Dubuque, Iowa. Section 2. The CH of Dubuque reserves unto itself a perpetual : easement including the right of ingress and egress thereto, for the purpose of eracting, installing,., constructing, reconstructing, repamng, owning, operating, and maintaining water, sewer, drainage, gas telephone, tv cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of Lot lA of Thomas E. Byrne Subdivision in the C~ of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and dirscted to tile said plat and cer~ed copy of this reeelu~on in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 2nd day of Auguat, 1999. Terrance M. Duggan, Mayor Attest Mary A: Davis, City Clerk 3/*3 Regular Session, August 2, 1999 Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. - -An Ordinance Vacating a portion of Clara St. abutting Lots 6, 12 & 13 Thomas Byrne Subdivision, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 64-99 ORDINANCE VACATING A PORTION OF CLARA STREET ABUTTING LOTS 6, '12, & 13 OF THOMAS E. BYRNE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, Mercy Medical Center has requested the vacating of a portion of Clara Street abutting Lots 6, 12, and 13 of Thomas E. Byrne Subdivision in the City of Dubuque, Iowa; and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of a potion of Clara Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot lA of Thomas E. Byrne Subdivision in the City of Dubuque, Dubuque County, Iowa; Whereas, Mercy Medical Center has agreed to construct a new cul-de-sac and relocate public utilities in accordance with plans to be prepared by I1%/ Engineers & Surveyors, P.C. and approved by the City Engineer. Whereas, the C~ Council of the City of Dubuque, Iowa has determined that this poCdon of Clara Street is no longer required for public use, except for utility easements as noted, and vacating of said portions of Clara Street known as Lot IA of Thomas E. Byrne Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the real estate described as Lot lA of Thomas E. Byrne SubdMsion 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, reconstructng, 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 lA of Thomas E. Byrne Subdivision in the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of August, 1999. - -Terrance M.-Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 9th day of August, 1999. Mary A. Davis CMC, City Clerk It 8/9 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 carried 7-0. Voetherg moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 427-99 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT IA OF THOMAS E. BYRNE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, the Mercy Medical Center has requested the vacating of a portion of Clara Street; and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Clare Street and assigned lot numbers thereto, which hereinafter shall be known and descdbed as Lot lA of Thomas E. Byrne Subdivision in the City of Dubuque, Iowa; and Whereas, Mercy Medical Center has agreed to construct a new cul-de-sac and relocate public utilities in accordance with plans to be prepared by IIW Engineers & Surveyors, P.C. and approved by the City Engineer. Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Clara Street 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 lA of Thomas E. Byrne Subdivision in the C~ 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 ~ interest in Lot IA of Thomas E, Byrne SubdMsion in the City of Dubuque, Iowa. Section 2. That the conveyance of Re.qular Session, Au.qust 2,1999 344 Lot lA of Thomas E. Byrne Subdivision in the City of Dubuque, Iowa to the Mercy Medical Center be contingent upon the payment of $4,085 00, p us platting, publication and tiling fees. Section 3. That Mercy Medical Center shall construct a new cul-de-sa, in accordance with plans approved by the City Engineer and relocate all necsssap/utilities at their sole expense within two (2) yearn from the date of acceptance of this resolu~on. Section 4. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of Lot IA of Thomas E. Byme Subdivision in the City of Dubuque, Iowa. · 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 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Voetberg moved adoption of the Resolu~on and further set this matter for P.ublic Hearing on 8-16-99 at 7:00 p.m. m the Public Librep/ Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carded 7-0. City Manager submititng documents providing for construction of Wm. M. Black Restora~on - Phase III (Hold Lead Abatement and Surface Encapsulation) project, presented and read. Voetberg moved that the communication be received and flied. Seconded by Nichdison. Motion carried 7-0. RESOLUTION NO. 428-99 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, specificatons, form of contract and estimated cost for the William M. Black Steamboat Restoration Project - Phase tll, in the ectmatad amount of $95,000.00, are hereby approved and ordered tiled in the office of the City Clerk for public inspe~on. Passed, adopted and approved this 2nd day of August, '1999. Terrance M. Duggan, Mayor Attest: Maw A. Davis, City Clerk Voetberg moved adoption of the R~sdicton. Seconded by Nichdison. Motion carded 7-0. RESOLUTION NO. 429-99 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 tile in the office of the City Clerk for public inspecton of the William M. Black Steamboat Restoration Project - Phase IlL NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of September, 1999, a public hearing will be held at 7:00 p.m. in the Public Ubrary 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 C~ Clerk be and is hereby directed to cause a notice of time and place of such headng to be published in a newspaper having generei cimulcton in the City of Dubuque, Iowa, which nctce shall be not less than four days nor more than twenty days pdor to the day Red for its consideration. At the hearing, any interested person may appear and tile objections to the proposed plans, specifications, contract, or ectmated cost of the ~mprovement. Passed, adopted and approved this 2nd day of August, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetherg moved adoption of the ResdiutJon. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 430-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the William M. Black Steamboat 3/,5 Regular Session, August 2, 1999 Restoration Project - Phase Ill is hereby ordered to be adveddsed for bids for construction. BE IT FURTHER RESQLVED, 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 edveCdse 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 26th day of August, 1999. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final acfion at 7:00 p.m. on the 7th day of September, 1999. Passed, adopted and approved this 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest: Map/A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. City Manager submitting documents providing for construcfion of Sanitary Sewer Reconstruction in alley between Rhornberg and Garfield from Stanton to Shires Ave. project, presented and read. Voetberg moved that the communication be received and filed· Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO, 431-99 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, specificafions, form of contract and estimated cost for the Sanitary Sewer Reconstruction Project - Alley Between Rhomberg and Garfield, from Stanton to Shires, in the esfimsted amount of $124,100.62, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest Mary A: Davis, City Clerk Rob~ins moved adopfion of the resolution. Seconded by Nichalson. Motion carried 7~0. "RESOLUTION NO. 432-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the C~ of Dubuque, iowa has given its preliminary approval on the proposed plans, sped~cations, and form of contract and placed same on file in the office of the City Clerk for public inspecfion of the Sanitary Sewer Reconstrucfion Project - Alley Between Rhomberg and Garfield, from Stanton to Shiras. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of September, 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 nctice shall be not less than four days nor more than twenty days pdor to the day tixed for its consideration. At the headng, any interested person may appear and file objecfions to the proposed plans, specifications, contract, or estimated cost of the Improvement. Passed, adopted and approved this 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 433-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Sanitary Sewer Reconstruction Project - Alley Between Rhomberg and Garfield, from Stanton to Shires is hereby ordered to be adverased for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an Reqular Session, August= 21 1999 346 amount which shall conform to the provisions of the notice to biddem hereby approved as a part of the plans and specifications heretofore adopted. That' the-City Clerk 'is hereby TM directed to advertisa 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 26th day of August, 1999. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for tinal action at 7:00 p.m. on the 7th day of September, 1999. Passed, adopted and approved th~s 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending public headng be held on August 16, to consider quit claiming North West Artedal right-of-way to Iowa Department of Transportation, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 434-99 RESOLUTION OF INTENT TO DISPOSE OF CiTY INTEREST IN THE FORM OF A QUIT CLAIM DEED FOR THE NORTHWEST ARTERIAL RIGHT-OF-WAY TO THE IOWA DEPARTMENT OF TRANSPORTATION Whereas, the Iowa Department of Transportation has requested the issuance of a Quit Claim Deed for the right-of-way of the Nor[hwest Arterial Right-of-Way (IA 32); and Whereas, the Cb of Dubuque has prepared and submitted to the Cb Council a Quit Claim Deed showing the Northwest Arterial Right-of-Way from Dodge Street to John F. Kennedy Road; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the Quit Claim Deed for the Northwest Artedal Right-Of-Way be issued to the Iowa Department of Transportation. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL Of THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to issue a Quit Claim Deed for the Northwest Artedal Right-of-Way (IA 32) in the City of Dubuque, Iowa,-to the Iowa Department of Transportation. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to deliver said Quit Claim Deed for the Northwest Artedal Right-of-Way to the Iowa Depadrnent of Transportation to be ~ the manner as presctibed by law. Passed, approved and adopted this 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest:. MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution and further set this matter for Public hearing on 8-16-99 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 Robbins. Motion carried 7-9. City Manager submitting documents providing for construction of Cable Car Square Histodc Lighting Project, md read. Voetberg moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 435-99 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 Cable Car Square Histodc Ligh~ng Project, in the estimated amount of $110,516.33, are hereby approved and ordered tiled in the office of the City Clerk for public inspection. Passed, adopted and approved this 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholscn. Motion carded 7-0. RESOLUTION NO. 436-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Counc~ of the City of Dubuque, Iow~a has given its preliminary approval on the proposed plans, specifications, and form of 3/*7 Regular Session, August 2, 1999 contract, and placed same on file in the off'Ice of the City Clerk for public inspection of the Cabla Car Square Histodc Lighting Project. - NOW THEREFORE, BE- IT~ RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of September, 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 lass than four days nor more than twenty days prior to the day fixed for its consideraton; At the headng, any interested person roay appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 2nd day of August, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 437-99 ORDERING BIDS NOW THEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Cable Car Square Historic lighting Project is hereby ordered to be advertised for bids for construction. 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-tve days prior to the receipt of said bids at 2:00 p.m. on the 26th day of August. 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 7th day of September, 1999. Passed, adopted and approved this -2nd day of August. 1999· Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg rooved adoption of the Resolution. Seconded by Nicho[son. Motion carried 7-0. There being no further business, Voetherg moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 9:40 P.M. Is/Mary A. Davis CMC. City Clerk Appro~ed~~ ,1999 Re.qular Session, August 16, 1999 348 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, August 16, 1999. Council met at 7:00 P.M. Public L~brary Auditorium Present: Mayor Duggan, Coun~li Member Buol, Markham, MichalskJ, Nicholson, Robbins, Voetberg. Addng City Manager Pauline Joyce, Corporation Counsel Barry Lindahl. Absent. City Manager Michael Van Mliligen. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may propedy come before the Councli: Invocation was given by Rev. Terry Simm, Pastor of the First Presbyterian Church. Minutes Submitted: Airport Commission of 6-28; Billboard Ad Hoc Comm. of 8-3; Electrical Code Board of 8-2; Environmental Stewardship Advisory Comm. of 8-3; Human Rights Commission of 6-14 & 7-19; Proof of publicafion on pdnfing of Council proceedings for meeting of 7-19-99; presented and read. Robbins moved that the minutes and proof be received and filed. Seconded by Nicholson. Motion carded 7-0. Finance Director subm~ng financial report for month ending July 31, 1999, presented and read. Robbies moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. NOTICES OF CLAIMS/SUITS: Heather Dague in amount of $42.20 for towing charges; Michael Parr in est. amt. of $46.11 for vehicle damages; Leona Ryan in amt. of $890.34 for vehicle damages; Gaii& Leonard Stoffel in amt. of $8000.00 for personal and property damages; Kfisti Trowbddge in amt. of $250.00 for property damages; Michael Van Yom m est. amc of $806.45 for vehicle damages, presented and read. Robbins moved that the claims and su~s be referred to Legal Staff for invesfigation and report. Seconded by Nicholson. Motion carded 7-0. -, Corporation. -Counsel . advising following have been referred to Public Entity Risk Se~ces of Iowa, the agent for the Iowa Commun~es Assurance Pool: Personal injury of John Hartwick; Personal injury of Syivester Otting; Vehicle damage of John Penning; Property damage of Art & Lela Tigges; Vehicle damage of ' Jill Vondran; Corporation Counsel advising property damage claim of Chades Steffen has been forwarded to Renaissance for handling, presented and read. Robbins moved that the communications be received and filed. Seconded by Nicholecn. Motion carded 7-0. Corporation Counsel recommending settlement of property damage claim of Grag & Lynn LeBlanc in amt, of $160.00 and direct Finance Director to issue check, presented and read. Robbins moved that the communication be received and flied and recommendation approved. Seconded by Nicholson. Motion carded 7-0. City Manager' recommending approval of consent to First Amendment to Sublease Agreement between DRA and GDREC, presented and read. Robbins moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carded 7-0. Zoning Advisory Commission advising of their approval of plat at 2202 Roosevelt Rd. as requested by Patdcla Smyth, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Mofion carried 7-0 RESOLUTION NO. 438-99 A RESOLUTION APPROVING THE SURVEY PLAT OF THE DIVISION OF THE EAST ½ OF LOT 2 OF A PART OF MINERAL LOT 304, IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a survey plat of the division of the East ~ of Lot 2 of a part of Mineral Lot 304, in the City of Dubuque, Iowa; and Whereas, said plat provides 0 feet of frontage for Lot 1 of the East ½ of Lot 2 of a part of Mineral Lot 304 and Lot 2 of 349 Regular Session, August 16, 1999 the East-~ of Lot 2 of a part of Mineral Lot 304, where 60 feet of frontage is required by Section 42-19(b) of the Subdivision Regulations; and ' Whereas,-said survey plat has been examined by the Zoning Advisory Commission and had its approval endomed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the SubdMsion Regulations is waived to allow Lot 1 of the East ½ of Lot 2 of a part of Mineral Lot 304 and Lot 2 of the East ~ of Lot 2 of a part of Mineral Lot 304 to have 0 feet of lot frontage, where 60 feet is required. Section 2; That the survey plat of the division of the East ½ of Lot 2 of a part of Mineral Lot 304 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat Passed, approved and adopted th s 16th day of August. 1999. Torrance M. Duggan, Mayer Attest: Mary A. Davis, C~ Clerk Robbins moved adoption of the resolLflJon. Seconded by Nicholson. Motion carried 7-0. City Manager submit'ring Resolution authorizing City's sponsomhip of the Dubuque County Historical Socie~s Grant Application to DMATS for the River Discovery Center Depot, presented and read. Robbins moved that the communication be rece'rved and flied. Seconded by Nichcison. Motion carded 7-0. RESOLUTION NO. 439-99 RESOLUTION PROVIDING FOR APPLICATION TO DMATS FOR TEA- 21 TRANSPORTATION ENHANCE- MENT FUNDS FOR THE RIVER DISCOVERY CENTER DEPOT PROJECT BY DUBUQUE COUNTY HISTORICAL SOCIETY Whereas, the Dubuque Metropolitan Area Transportation Study (DMATS) has allocated TEA-21 Trensporta(cion Enhancement Funds for the restora~on and operation of historic transportation buildings, structures, and facilities; and Whereas, the Dubuque County Historical Society (DCHS) has requested City sponsorship of and will provide the required local match for an application to DMATS for TEA-21 Transportation Enhancement Funds for the Restoration of the former Burlington Quincy Depo~ which shall be part of the River Discovery Center;, and Whereas, the City of Dubuque .~ases said depot building to the DCHS for museum activities, and can participate in the River Discovery Center Depot Project as a sponsor. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor hereby authorized to sign the application for the River Discovery Center Depot Project on behalf of the DCHS to DMATS for TEA-21 Transportation Enhancement Funds. Se~on 2. That the City Council hereby authorizes the C~ Manager to nego'date appropdate lease arrangements w~h the DCHS for the depot building to comply with TEA-21 grant requirements for this project, should the application be approved by DMATS. Section 3. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project 'Mil be maintained adequately for its intended public use for a minimum of twenty (20) years folio'Mng project completion. Section 4. That the City of Dubuque hereby agrees to abide by all local, state and federal requirements applicable to the proposed project. Passed, approved and adopted this 16th day of August, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nichoison. Motion carded 7-0. City Manager recommending approval of a Resolution astho~ing a HUD Grant Agreement and the Dubuque County Historical Society contract in support of the Upper Mississippi River National Wlid[lfe and Fish Refuge Interpretive Center presented and read. Robbins moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 440-99 RESOLUTION PROVIDING FOR GRANT AGREEMENT WITH HUD AND SUB-GRANTEE CONTRACT WITH THE DUBUQUE COUNTY HISTORICAL SOCIETY FOR REFUGE Reqular Session, August 16,1999 350 INTERPRETIVE CENTER Whereas, the U. S. Depar'c~ent of Housing and Urban Development (HUD) has allocated an $800,000 Special Projects grant to the City of Dubuque, on behalf of the Dubuque County Historical Society (DCHS), sub- grantee, for development of the Upper Mississippi River National Wildlife and Fish Refuge Interpretive Center;, and Whereas, the DCHS will utilize the grant funds for design development for the Refuge Interpretive Center, which shall be part of the River Discovery Center. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor hereby authorized to sign the grant agreement with HUD and the sub-grantae contract with DCHS for the Special Projects grant for development of the Upper Mississippi River National Wildlife and Fish Refuge Interpretive Center. Passed, approved and adopted this 16th day of August. 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. Geneva M. Block, 3121 Brunswick St., requesting vacation and purchase of Lot 170 Belmont Addn., atthe comer of Brunswick & Elbow Streets, presented and read. Robbins moved that this matter be referred to the Cb Manager for investiga~on and report. Seconded by Nicholson. Motion carded 7-0. City Manager recommending acceptance of Dubuque Technology Park Roadway Improvement Project - Phase Il, presented and read. Robbins moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 441-99 ACCEPTING IMPROVEMENT Whereas, the contract for the Dubuque Technology Park Roadway Improvement Project has been completed and the City Manager has examined the work and tiled his cedfficate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SeclJon 1. Thatthe 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 RISE Grant, General Fund, the Road Use Tax Fund, and the Street Construction Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 16th day of August, 1999. Terrance M. Duggan, Mayor Attest Mary A: Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 442-99 FINAL ESTIMATE Whereas, the contract for the Dubuque Technology Park Roadway Improvement Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of sstimates, 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 $506,690.58 and the said amount shall be paid from the RISE Grant, the General Fund, the Road Use Tax Fund, and the Street Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of Auguat, 1999. Terrence M. Duggan, Mayor Attest MaryA: Davis, City Clerk Robbins moved adoption of the msolu'don. Seconded by Nicholson. Motion carded 7-0. City Manager recommending approval of a renewed Drug Enforcement Agreement between the City, Dubuque County and Jo Daviess County, IL, presented and read. Robbins moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carded 7-0. City Manager recommending approval of an application for the FY 1999 Law Enforcement Block Grant, presented and read. Robbins moved 35[ Regular Session, August 16, 1999 that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Communication from Planning Se~ces Dept. reiterating landscaping necessary between Asbury Plaza Shopping Center/Hy-Vee and Resurrection Cemetery and Attorney Brian Kane representing Resurrection Cemetery Assn. requesting compliance to PUD Landscaping requirements for Asbury P~aza, presented and read. Robbins moved that the communications be rece'rved and flied. Seconded by Nicholson. Motion carried 7-0. City Manager requesting approval of a Notice of Intent to proceed with public improvement for construction of a storm sewer through Lot 6, Block 5 of MetteI-Byrne Addn. - 1793 Glenwood Ct., presented and read. Robbins moved that the communication be received and filed and request approved. Seconded by Nicholson. Motion carded 7-0. City Manager submitting letter of support for St. Mark Community Center Grant application, presented and read. Robbins moved that the communication be received and tiled and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Public Health Specialist recommending continuation of Agreement with Lisa Sesterhenn, through the VNA, for Healthy Dubuque 2000 Project, presented and read. Robbins moved that the communica§on be received and tiled and recommendation approved. Seconded by Nicholson. Motion carried 7-0. REFUND REQUESTED: Diamond Jo - GDREC (MyCap Vendors) in amount of $75.00 on unexpired Cigarette Perm[t, presented and read. Robbins moved that the communication be received and filed and recommendation approved and Finance Director authorized to issue proper check. Seconded by Nicholson. Motion carried 7-0. Donna Ginter dba The West Dubuque Tap requesting to transfer the Liquor License to Fifth & S~h of Main St. on Sept. 11 & 12th, presented and read. Robbins moved that the communication be received and tiled and request approved. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 443-99 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 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 Beer Permit. CLASS "B' BEER PERMIT Tri-State Golf Center Inc Tri-State Golf Center+(Sunday & Outdoor Sale) 1095 Cedar Cross CLASS 'C" BEER PERMIT Oky Doky # 21 LLC Ok7 Doky# 21 +(Sunday Sale) 2010 Kerper Blvd Mulgrew Oil Co. Asbury Amoco Foodshop+(Sunday Sale} 3300 Asbury Rd Mulgrew Oil Co. Amoco Food Shop+(Sunday Sale) 1450 Lores Bivd TFM Co Oky Doky # 6 +(Sunday Sale) 1256 Iowa St Bevedy Miller Sid's Beverage +(Sunday Sale) 2727 Dodge St CLASS "B"(5-DAY SPECIAL EVENT) BEER PERMIT Donna Ginter River[est +(Sunday/Outdoor Sale) 7th & Town Clock Passed, approved and adopted this 16th day August, 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. 444-99 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 City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Regular Session, Au~lust 16, 1999 352 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) BEEPJLIQUOR LICENSE Clarke College Clarke College +(Sunday Sale) 1550 Clarke Dr King of Clubs, Inc Freddy's King of Clubs+(Sunday Sale) 1902 Central Ave Argot, Inc. LaMesa Mexican Restr.+(Sunday Sale) 2700 Dodge St David H. Erickson ' Lucky 13 Tap +(Sunday Sale) 385 E 13th St CLASS B (VVB) WINE PERMIT Bevedy Miller Sid's Beverage +(Sunday Sale) 2727 Dodge St TFM Co. Oky Doky # 6 +(Sunday Sale) 1256 Iowa St Passed, approved and adopted this 16th day of Augu~ 1999. Torrance M. Duggan, Mayor Attest: Ma~yA. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nichoison. Moron carded 7-0. BOARDS AND COMMISSIONS: APPOINTMENTS to the fdilowing Boards/Commissions: HOUSING COMMISSION: Applicants: Timothy Crabb, David Kapler, Harry Neustadt, Paula Stenlund, Thomas P. Swift, II, Dan Teply ill Vote on the appointments was as follows; Buol voted for Crabb, Neustadt and Stenlund. Duggan voted for Swift, Neustadt and Stsnlund. Markham voted for Crabb, Neustadt and Stanlund. MichalskJ voted for Crabb, Neustadt and Stenlund. Nicho~son voted for Swift, Neustadt, and Stenlund. Robbins voted for Swift, Neustadt and Stenlund. Voetberg voted for Swift, Neustadt and StanJund. Therefore, Harry Neustadt, Paula Stsdiund and Thomas P. Swift, J[ were all reappointed to three year terms which will expire 8~17-2002. TRANSIT BOARD OF TRUSTEES: Applicants -- George Endemon, Joel Lightcap and Michael Sand. Voetberg moved that the three individuals be appointed to the Transit Board of Trustees for three year terms to expire July 30, 2002. Seconded by Robbins. Motion carded 7-0. TV CABLE TELEPROGRAMMNG COMMISSION: Applicants -- Paul Kohl, Sr. Carol Hoverman. Vote on the appointment was as follows: Budi voted for Hoverman. Duggan voted for Hoverman. Markham voted for Hoverman. - Michalski voted for Noverman. Nicholson voted for Hoverman. Robbins voted for Hoverman. Voetberg voted for Hoverman. Therefore, Sr. Carol Hoverman was reappointed for a three year term to expire June 30, 2002. Robbins moved to suspend the rules to allow anyone present to address the Counciliftheyso desire. Seconded by Nicholson. Motion carded 7-0. Proof of Publication cedifled to by the Publisher on Notice of Public Hearing for waiver of franchise granting TCI permission to charge an administrative fee on delinquent accounts, and Chadss Ellis, Chairman of Cable TV Regulatory Comm., recommending approval of a Conditional Waiver in the Cable Franchise Ordinance No. 42-81 which would allow an administrative fee on delinq.uent accounts and inclusion of a conspicuous notice on the monthly statement advising consumem of that fee, presented and read. Robbins moved that the proof and communication be received and flied. Seconded by Budi. Carded by the fdilowing vote: Yeas---Duggan, Markham, Robbins Voetberg. Nays~Buol, M chalski, Nichalson. Kathy McMuilen, of TCI addressed the Council requesting to grant permission to charge administrative fee on delinquent accounts. RESOLUTION NO. 445-99 RESOLUTION (1) APPROVING AND GRANTING THE JULY 6, '1999 PETITION OF TCl OF IOWA. (NOW AT & T CABLE SERVICES). (2) GRANTING A CONDITIONAL WAIVER OF A SPECIFIC REQUIREMENT CONTAINED IN CABLE FRANCHISE ORDINANCE NO. 42-81 SECTION 8.8 TO SEPTEMBER 30, 2001. Whereas, TCI of Iowa, Inc., al.b.a. TCl Cablevialon of Dubuque, Inc., and which is now iden~ed as AT&T Cable Services, is the Grantee to the Dubuque Cable Services Delivery Franchise, Ordinance No. 42-81; and Whereas, the City Council of the City of Dubuque, Iowa, on 4/20/87, and again on 8,~/90, granted condYdonal 353 Regular Session, Aug ust 16, 1999 wai. vers. of Ordinance No. 42-81 Section 8.8 pertaining to specific of customer billing practices of the Grantee within the Dubuque city limits; and Whereas, the Grantee, in a letter received and flied by the City Councit July 6, 1999, has requested a further conditional waiver of Section 8.8 which would permit the Grantee to apply an administrative fee to delinquent customer accounts at the close of each billing cycle; and Whereas, the Cable TV Regulatory Commission has studied the request and additional information researched by the Cable Franchise Administrator, City legal staff, and the City's Washington, D.C. legal counsel, and the Commission recommends that the City Council grant the requested waiver condifoned upon the ongoing use of a spec[ftc form of notice on cable subscribers' monthly bills; and Whereas, the C~ Council finds that the proposed waiver and condifons are reasonable in the conduct of business, that they would enable the Grantee to more direly attribute costs associated with late payments to those delinquent accounts rather than to the entire subscriber base, and that they would help to reduce the number of monthly cable service disconnects and ease the customer se~ce staff load and telephone line congestion associated with the disconnect/reconnect process: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the July 6, 1999 petition of TCI of Iowa, Inc. (AT&T Cable Se~ces) to waive the specific requirement contained within Ordinance No. 42-81, Section 8-8 is hereby granted subject to the following cond~ons: 1. That the Grantee adepts a bl31ing policy which: a) bills on a monthly basis: b) bills in advance of service actually being provided; c) indicates payment is due on a specifc due date; d) indicates that a reasonable administrative fee for late payment will be assessed on accounts where payment has not received prior to the next b~ling cycle (approximately 7 days after the due date); and e) disconnects subscribers 15 days after the last day of the service period (i.e. 45 days after the first day of the service period). 2. That every subscriber's monthly billing statement contain the following sentence in as conspicuous a fashion as possible: "If payment is not received by the end of your billing period, a $5.00 administrative fee for late payment will be added to your next monthly statement." · - Passed, approved and adopted this 16th day of August, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Vote on the motion was as follows: Yeas--Duggan, Markham, Robbins, Vostberg. Nays---Buol, Michalski, Nicholsoe. Proof of Publication cedified to by the Publisher on Notice of Public Hearing to consider disposing of Lot lA of Thomas Byrne Subdivision to Mercy Medical Center; Zoning Advisory Commission advising of their approval of plat located on Clara Street as requested by Mercy Medical Center and City Manager recommending to proceed with sale of property, presented and read. Michaiski moved that the proof and communications be received and tiled. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 446-99 RESOLUTION DISPOSING OF CITY INTEREST IN LOT IA OF THOMAS E. BYRNE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the C~y of Dubuque, Iowa on the Sth day of August, 1999, the City Counc of the City of Dubuque, Iowa met on the 16th day of August, 1999, at 7:00 p.m. in the Public Ubrery Auditorium, llth and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot lA of Thomas E. Byme Subdivision in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and ail objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1A of Thomas E. Byrne Subdivision in the City of Dubuque, Iowa to Mercy Medical Center be and the same is hereby approved for the sum of Reqular Session, Au.q ust 16, 1999 $4,085.00 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That Mercy Medical Center shall construct a new cul-de-sac- in accordance with plans approved by the City Engineer and relocate all necessary u~li~ss at their sole expense within two (2) years from the date of this resolution. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstruc'dng, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Mercy Medical Center upon receipt of the purchase price in full. Section 5. That the City Clerk be and is hereby authorized and directed to record a cedJfied copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 16th day of August, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, C~y Clerk ACCEPTANCE OF RESOLUTION NO. 446-99 The undersigned, representing Mercy Medical Center, owner and developer, having read the terms and conditions of the Resolution No. 446- 99, and being familiar with the conditions thereof, hereby accept the same and agree to the cond~ons required therein. Passed, approved and adopted this 16th day of August, 1999. MERCY MEDICAL CENTER /s/James D. Schreeder Director- Architectural Services Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 447-99 A RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT t AND LOT A OF CLARA STREET PLACE, IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a plat of survey of Lot 1 and Lot A of Clare Street Place, in the 354 City of Dubuque, Iowa; and Whereas, upon said plat of survey appears a street to be known as Clara Street (Lot A), together with certain public--uMity easements which the owners by said final plat have dedicated to the public forever, and Whereas, said plat of survey has been reviewed by the Zoning Advisory Commission and had their approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below;, Whereas, said plat of survey has been examined by the City Council and they find that ~t conforms to the statutes and ordinances relating thereto. Whereas, the City Council concurs in the cond~ons of approval established by the Zoning Advisory Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Clara Street (Lot A), together with the easements for public utiJ~es, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Sec~on 2. That the survey plat of Clara Street (Lot A) and Lot 1 of Clara Street Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said survey plat, provided the owners of said property herein named, execute their written acceptance hereto sttached agreeing: a) To reduce Clara Street cul-de-sac grade and to construct concrete curb and gutter and to hard surface with aspha~c concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. b) 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. Section 3. Sidewalk installation shall be the responsibility of the owner abutting the ?,ublic rights-of-way, including lots with muppie frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs 3.55 Regular Session, August 16, 1999 and assignees. Sidewalk installation will not be required until the development of the lct has been completed, except as required herein. In spameiy--devaloped 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 bythe plat Section 4. That in the event the owners shall fail to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolu~/on, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, approved and adopted this 16th day of August, 1999. Terrance M. Duggan, Mayor Attest: Map/A. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 447-99 I, James D. Schreeder, representing Mercy Medical Center, the undersigned, having read the terms and conditions of the Resolution No. 447-99 and being familiar with the cond~ons thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 16th day of August, 1999. By/s/James D. Schraeder Michals~ moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. Proof of Publication cert~ied to by the Publisher on Notice of Public Headng to grant quit claim deed for NW Artedal dght-of-way to IDOT and City Manager recommending approval on granting quit claim deed, presented and read. Buol moved that the communication be received and flied. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 448-99 RESOLUTION ISSUING A QUIT CLAIM DEED FOR THE NORTHWEST ARTERIAL RIGHT-OF-WAY TO THE IOWA DEPARTMENT OF TRANSPORTATION Whereas, pursuant to resolution and published notice of time and place of heating, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 6th day of August, 1999, the City Council of the City of Dubuque, Iowa met on the 16th day of August, 1999, at 7:00 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the issuance of a Quit Claim Deed for the Northwest Artedal Right-Of-Way (IA 32) from Dodge Street to John F. Kennedy Road; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all obje~ons, oral or written to the proposal to issue said Quit Claim Deed to the Iowa Department of Transportation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the issuance of a Quit Claim Deed for property described as the Northwest Arterial Right-Of-Way (IA 32) from Dodge Street to John F. Kennedy Road in the City of Dubuque, Iowa to the Iowa Department of Transportation be and the same is hereby approved. Sec'don 2. That the Mayor be authorized and directed to execute said Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the Iowa Department of Transportation. Section 3. That the City Clerk be and is hereby authorized and directed to record a cer~fied copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 16th day of August, 1999. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. Thom Determan, Chairperson, submitting the recommendation of the Human Rights Commission as to the proposed changes in Ch. 27 of the City Code of Ordinances which would include sexual odeatation as a category of prohibited discriminatory behavior, Judith Haley Giesen of the Human Rights Commission, Joseph Dover, Penney Hughes, Kathy Blau, David Sheston, Gwen Nilles and Deborah Lazar, Ann Barrash of Dubuque Area Congregations United (DACU) expressing support of a change in City Code Ch. 27 which would prohibit discdminaiton against indMduals based on their sexual preference; Steven Seng and Vedyn Hayes obje~ng to changes as proposed in the Ordinance, presented Re.qular Session, Au.qust '16i 1999 and read. Voetberg moved that the communications be received and tiled. Seconded by Michalski. Vote on the motion was as fdilows: Ayes--- Michalski, Voetberg. Nays---Duggan,~ Buol, Markham, Nicholson, Robbins. MOTION FAILED 5-2. Tom Determan spoke to the recommendation and requested support from Council in approving ordinance. An Ordinance Amending Chapter 27, Human Relations, of the City Code of Ordinances, by adding a new Paragraph to Section 27-1 Defining 'Sexual Orientation,' and Amending Sections 27-51(2), 27-61(1)-(2), 27- 71(1)-(3), 27-91(1)-(3), 27-101, 27- 131(1)-(5), 27-132(c), 27-133(a), (c), 27-134, and 27-145(1)-(3) Prohibiting Discrimination based on "Sexual Orientation" was presented for approval. Voetberg moved first reading of the ordinance. Seconded by Michalski. Vote on the motion was as followa: Ayes---MichaJski, Voetberg. Nays--Duggan, Buol, Markham, Nichdison, Robbins. MOTION FAILED Marry Johnson of Straka Johnson requesting extension of time for install~on of Sidewalks on property on Pennsylvania & the NW Arterial owned by Aesembly of God Church and East Dubuque Savings Bank to October 30, 1999, presented and read. Voetberg moved that the communication be received and flied and extension was granted to October 30, 1999. Seconded by Buol. Motion carried 7-0. John Herdg requesting that sidewalk due to be constructed on East Side of Embassy West Dr. to the North from Pennsylvadia Ave. to the first house on East side of Embassy West Dr. be deleted and installed upon completion of improvements of structures, presented and read. Voetberg moved that this matter be tabled to September 7, 1999. Seconded by Robbins. Carded by the following vote: Yeas--Duggan, Markham, Michalski, Nicholson, Robbins, Voetberg. Nays---Buol. City Manager submitting changes in C~ Standards, Policies and Extension of Utilities and Infrastructure to Facilitate Development in the City, presented and read. Voetberg moved that the communication be received 356 and tiled. Seconded by Nicholson. MctJon carded 7-0. RESOLUTION NO. 449-99 RESOLUTION ADOPTING CHANGES IN CITY STANDARDS, POLICIES AND EXTENSIONS OF UTILITIES AND INFRASTRUCTURE TO FACILITATE DEVELOPMENT IN THE CITY OF DUBUQUE Whereas, the City of Dubuque desires to facirr~ate development within the corporate limits of Dubuque; and Whereas, the City of Dubuque has studied ways in which changes in C~ standards, policies, and extensions of utilities and infrastructure can facilitate development NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 1OWA: Section 1. That the City Council hereby adopts the recommendations ~resentad by City staff in the report ended Facilitating Development: Utilities and Infrastructure Standards, Policies, end Extensions. Semen 2. That the C~ Manager is hereby directed to implement these recommended changes through amendment of City standards, policies, and ordinances, as appropriate. Passed, approved and adopted this 16th day of August, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Voetberg moved adoption of the Resol-tion. Seconded by Nichdison. Motion carried 7-0. City Manager subm~ng Ordinances setting increased fee rates in the parking sy~em and requesting authorization for the City Manager to negotiate and enter into a contract for design and specifications for an addition to the Fifth Street Ramp with the odginal designer, presented and read. Voetberg moved that the communications be received and tiled and approved the Manager's request to negotiate and enter into a contract with Vedi for addition to 5th SL Ramp. Seconded by Nicholson. Carried by the following vote: Yess--Budi, Markham, Michalski, Nichotson, Robbins, Voetherg. Nays---Duggan. Main Street Ltd. objecting to proposed Parking Rate Increases and Bob Felderman, Secretary of Main Street Lt. recommending 'phased in' fee increases, presented and read. Voetberg moved that the communications be received and filed. 357 Regular Session, August 16, 1999 Seconded by Nicholson. Carried by the following vote: Yeas---Budi, Markham, Michalsld, Nicholson, Robbina, Voetberg. Nays--Duggan. City Manager submitting documents providing for stop signs at the side streets intersecting with Auburn St. and on Atlantic St. from Lores Blvd. to N. Grandview Ave. and a stop sign on Custer Street at Aigona presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carded 7-0. An Ordinance Amending the City Code of Ordinances by adding Atlantic Street and Auburn Street to Subsection (b) of Section 32-213 thereof providing for the designation of Through Streets, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 65-99 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CiTY OF DUBUQUE, IOWA BY ADDING ATLANTIC STREET AND AUBURN STREET TO SUBSECTION (b) OF SECTION 32-213 THEREOF PROVIDING FOR THE DESIGNATION OF THROUGH STREETS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Atlantic Street and Auburn Street to Subsection (b) of Section 32-213 thereof as follows: "Sec. 32-213. Throuah Streets. (b) AtJantic Street, from the north property line of Loras Boulevard to the south property line of NoAh Grandview Avenue. Auburn Street, from the north property line of Loras Boulevard to the south property line of NoAh Grandview Avenue. Passed, approved and adopted this 16th day of August, 1999. Torrance M. Duggan, Mayor Attest Ma~yA: Davis, City Clerk Published officially in the Telegraph Herald newspaper this 26th day of August, 1999. Man/A: Davis CMC, City Clerk It 8/26 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 Buol. Motion carded 7-0. Vostberg moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carded 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsect/on (b) of Section 32-214 thereof providing for the Addition of a Stop Sign on Custer Street at Algona Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 66-99 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF A STOP SIGN ON CUSTER STREET AT ALGONA STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Custer Street and AJgona Street to Subsection (b) of Section 32-214 thereof as follows: "~. Stoe Intersections. (b) Westbound Custer Street and Algona Street Passed, approved and adopted this 16th day of August, 1999. Terrance M. Duggan, Mayor Attest: Man/A: Davis, City Clerk Published officially in the Telegraph Herald newspaper this 26th day of August, 1999. Man/A. Davis CMC, City Clerk 1 t 8/26 Voetherg moved that the rule requiring an ordinance to be read and presented at two separate meetings before adoption be suspended. Seconded by BuoL Motion carded 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Buol. Motions Carded 7- 0. City Manager recommending approval for right-of-way encroachment at 1091 University, a Projecting Awning Sign as requested by Jimmy & Debbie Matheos, presented and read. Regular Session, August 16, 1999 358 Vostberg moved that the communication be received and filed. Seconded by Nicholson. Mofion carried 7-0. An Ordinance Authorizing Jimmy & Oebbie Matheos to construct a Projecting Awning Sign at 1091 University presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 67-99 AN ORDINANCE AUTHORIZING JIMMY AND DEBBIE MATHEOS TO CONSTRUCT A PROJECTING AWNING SIGN NOW THEREFORE, BE IT ORDAINED BY THE CITY' COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Jimmy and Debbie Matheos, as the owner of the promises known as 1091 Univem~, Dubuque, Iowa, and legally described as Lot 1 of Marsh's , *#:2, be and they are hereby granted the revocable permit and authority to construct and maintain a properly awning sign under the terms and cond~ons set forth in this Ordinance. Section 2. That such constructon shall be done in accordance wfth plans heretofore submitted by permittees and approved by the City Manager, under the supe~sion and direction of the City Manager, and in accordance with alt applicable state and federal laws and regulations, and the Ordinances of the C~ of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all Iiabil~ for damages to pemons or property which may result from the existence, Jocafion, [natailafion, constructon or maintenance of said awning; and b. Procure and maintain in rome during the term of this permit a policy of liabil~ 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 mason of the liabil~ imposed upon the City of Dubuque for damages of any itnd resuitng from the location, installation, existence, construction or maintenance of said awning sustained by any pemon or pemons, caused by accident or otherwise to defend at its own expense and on behalf of said C~ an.y. claim against the City of Dubuque ansmg out of the location, installation, existence, constructcton or maintenance of awning and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the C~ of Dubuque free and harmless from any and all claims, loss, liabil~ and expense for-death -and/or injuries to third persons or damages to property of third persons, or for damage to any properb/of the C~ of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance ~nd repair of the fac~ity, work or ~mprovement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that shodid the dght and privilege herein granted be rescinded or revoked by the C~ Council, perm~ees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the C~ Manager, so to do, at the r own expense, remove said awning and in the event of their failure to do so the City of Dubuque sha be authorized to remove said awning at permittess' expense and dispose of the same, and the permittee shall have no claim against the City or ~ agents for damages resuming from the removal of said awning. Secton 5. That perm[trees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said fadiiity 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, ~emonai injuries and/or property damage against the perm~ess arising out of or in anyway 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 Jimmy and Debbie Matheos 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 a~thorized and directed to file at perm~ees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Passed, approved and adopted this 16th day of August, 1999. Terrance M. Duggan, Mayor 359 . Regular Session, August 16, 1999 Attest: MaryA. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 67-99 The undemigned having mad and "being familiar-with-the terms and conditions of Ordinance No. 67-99, 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 permittees. By:. Jimmy and Debbie Matheos T'rae: Owners Dated: July 28, 1999 Published officially in the Telegraph Herald newspaper this 24th day of August, 1999. Mary A. Davis CMC, City Clerk It 8/24 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 Nichdison. Motion carried 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Zoning Advisory Commission advising of their approval to rezone pmperbj, with cond~ons, located at 11515 English Mill Road (Dubuque County) from County A-1 to City C-3, R-1 and R-3 Districts as requested by Mike Pod~en and Gerald and Judith Sieger[ presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. An Ordinance Amending Zoning Map by rezoning property located at 11515 English Mill Road in Dubuque County from County A-I Agricultural District to City C-3 General Commercial District, R-I Single-Family Residential Distdct and R-3 Moderate Density Mu~Famiiy Residential District, concurrent with annexation, presented and read. Voetberg moved that the rule requiring an ordinance to be presented and read at two council meetings prior to adoption be suspended and fur[her moved that a public hearing on the ordinance be set for September 7, 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 Budi. Motions carried 7-0 City Manager requesting a public heating be set for Tuesday, Sept. 7, 1999 to consider annexation as requested by Michael Podzen, developer-and Gerald and Judith Sieger[, sellers, of 213 acres East of the landfill along Highway 20 and English Mill Road; presented and read. Voetberg moved that the request be approved and headng set for September 7, 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 their approval to rezone property on Highway 20 West near Cousins Road intersection from AG to C-3 District as requested by Dubuque Metropolitan Area Solid Waste Agency, presented and read. Budi moved that the communication be received and tiled. Seconded by Markham. Motion carried 7-0. An Ordinance Amending Zoning Map by rezoning property on Highway 20 West (near Cousins Road intersection) from AG Agricuiturel District to C-3 General Commercial District, presented and read. Buol moved that the rule requiring an ordinance to be presented and read at two counc~ meetings prior to adoption be suspended and fur[her moved that a public hearing on the ordinance be set for September 7, 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. Motions carried 7-0. Zoning Advisory Commission advising of their approval to rezone property at Cousins Road and Highway 20 West from AG to 0-3 as requested by Paul and Jayne CsteAN'ayne Stewart, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded7-0. An Ordinance Amending Zoning Map by rezoning property at Cousins Road and Highway 20 West from AG Agricultural Distdct to C-3 General Commercial District, presented and read. Buol moved that the rule requiring an Ordinance to be presented and read at two council meetings prior to adoption be suspended and further moved that a public hearing on the ordinance be set for September 7, Regular Session, Au.q ust ~ 6, 1999 36O 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 Nicholson. Motion Carried 7-0. · Zoning Advisory Commission advising of their approval of text amendment to Zoning Ordinance regarding temporary uses, presented and read. Voetherg moved that the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. An Ordinance Amending Appendix A of the Code of Ordinances (Zoning Ordinance) by amending Section 2- 5.3(b) Temporary Uses to allow the City Planner to grant extensions to the time limit for temporary uses, presented and read. Voetberg moved that the rule requiring an Ordinance to be presented and read at two council meetings prior to adoption be suspended and further moved that a public headng on the ordinance be set for September 7, 1999 at 7:00 p.m. in the Public Ubrary Auditorium and that the City Clerk publish notice in the manner prescribed bylaw. Seconded byRobbins. Motion Carded 7-0. City Manager requesting public headng be set for Sept 7th to consider leasing of space on W. Third Street Water Tower and adjacent ground space to Nextel Corp., presented and read. Voetberg moved that the communication be received and tiled and request approved. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 450-99 A RESOLUTION ADVISING OF THE CITY'S INTENT TO DISPOSE OF INTEREST IN THE PROPERTY DESCRIBED IN A LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND NEXTEL WIP LEASE CORP. FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATION ANTENNA FACILITY. Whereas, the City Council of the City of Dubuque, Iowa encourages the expansion of wireless telecommunication se~ces to its citizens, businesses, and insfitu~ons while at the same time minimizing safety and aesthetic concerns posed by the construction of new towem and monopoles in residential areas, and Whereas, Nextel WIP Lease Corp., a Delaware corporation, d/b/a Nextel Pad:nets, is the holder of a current Federal Communications Commission license to provide certain wireless telecommunication services for sale in and around the City of Dubuque, and Whereas, Nextel WIP Lease Corp. desiras to expand its signal coverage area and enhance the quality and capacity of its technical infrastructure by inetalling and operating a wire ess telecommunication antenna facility on or near a water tower owned by the City of Dubuque, identified as site W-2, and located at 1575 West Third Street in Dubuque, and Whereas, the City of Dubuque desires to lease to Nextsi WIP Lease Corp. certain space on the water tower site W-2 catwalk, along with adjacent ground space, for the purpose of installation and operation of a wireless telecommunication facility; and Whereas, representatives of Nextel WIP Lease Corp., and of the City of Dubuque have negotiated terms for such a lease, a copy of which is attached hereto, which the City Council tinds beneficial to the commune. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~on 1. ThettheCityofDubuque, Iowa intends to dispose of interest in :he property described in the proposed ease agreement with Nextel WIP .ease Corp. under the conditions stipu ated in the lease agreement. Section 2. That the City Clerk is hereby authorized and directed to cause a notice to be published of the proposed lease agreement in the manner prescribed by law. Passed, approved and adopted this 16th day of August, 1999. Terrance M. Duggan, Mayor Attest MaryA: Davis, City Clerk Voetberg moved adoption of the Resolution and set this matter for )ub~ic headng on 9-7-99 at 7:00 p.m. in the Public Library Auditedum and that the City Clerk publish notice in the manner prescribed by law Seconded by N cholson. Motion carried 7-0. City Manager reques~ng public hearing be set for Sept 7th to consider leasing of space on W. Third St. Water Tower and adjacent ground space to Iowa Wireless SeMces, LP., presented and read. Voetberg moved that the communication be received and filed and request approved. Seconded by Budi. Motion carried 7-0. Regular Session, August 16, 1999 RESOLUTION NO. 451-99 A RESOLUTION ADVISING OF THE CITY'S INTENT TO DISPOSE OF INTEREST IN THE PROPERTY · - DESCRIBED INA LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND IOWA WIRELESS SERVICES, LP, FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATION ANTENNA FACILITY. Whereas, the City Council of the City of Dubuque, iowa epcourages the expansion of wireless telecommunication services to its cti~ens, businesses, and institutions, while at the same time minimizing safety and aesthetic concerns posed by the construction of new towers and monopoles in residential areas, and Whereas, iowa Wirelsss Services, LP, a Delaware limited partnership, is the bolder of a current Federal Communications Commission license to provide certain wireless talecommunication services for sale in and around the City of Dubuque, and Whereas, Iowa Wireless Services, LP desires to expand its signal coverage area and enhance the quality and capacity of its technica~ infrastructure by installing and operating a wireless telecommunications antenna facaity on or near a water tower oWned by the City of Dubuque, identified as site W-2, and located at 1575 West Third Street in Dubuque, and Whereas, the City of Dubuque desires to lease to Iowa VVireless Services, LP certain space on the water tower site W-2 catwalk, along with adjacent ground space, for the purpose of installation and operation of a wireless telecommunicafion facil~j;, and Whereas, representatives of Iowa Wireless Services, LP and of the City of Dubuque have negotiated terms for such a [ease, a copy of which is attached hereto, which the City Council finds beneficial to the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Sec~on 1. That the City of Dubuque, Iowa intends to dispose of interest in the property described in the proposed lease agreement with Iowa Wireless Services, LP, under the cond~ons stipulated in the lease agreement. Section 2. That the City Clerk is hereby authorized and directed to cause a notice to be published of the proposed lease agreement in the manner prescribed by law. Passed, approved and adopted this 16th day of August, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution setting this matter for public hearing on 9-7-99 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 Buo[. Motion carried 7-0. City Manager requesting public hearing be set for Sept. 7, 1999 to dispose of interest in City property located at gth and Locust Streets to Amedcan Trust and Savings Bank, presented and read. Markham moved that the communication be received and flied and request approved. Seconded by Bud[. Motion carried 7-0. RESOLUTION NO. 452-99 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN PORTIONS OF CITY LOT 638, CITY LOT 639 AND CITY LOT 640 IN THE CITY OF DUBUQUE TO AMERICAN TRUST AND SAVINGS BANK Whereas, the City of Dubuque is the current owner of portions of City Lot 638, City Lot 639 and City Lot 640 in the City of Dubuque, Iowa; and Whereas, the adjacent properly owner, American Trust & Savings, has pe~oned to purchase said property from the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe City of Dubuque, Iowa, intends to dispose of its interest in portions of City Lot 638, City Lot 639 and City Lot 640 to American Trust and Savings Bank, Section 2. That the conveyance of the City's interest shall be for the sum of $18,000.00 plus publication and filing fees and disposed of by quit claim deed. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Section 364.7 Disposal of Property, Code of Iowa, 1999 or as amended. Passed, approved and adopted this 16th day of August, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Bud[ moved adoption of the resolution setting this matter for public hearing on September 7, 1999 at 7:00 Reqular Session, Au.qust 16~ 1999 36? p.m. in the Public Library Auditadum and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carded 7-0. City Manager recommending public hearing be hald on 9-7-99 to vacate unimproved potion of Kane Court, presented and read. Buol moved that the communication be received and filed and request approved. Seconded by Markham; Motion carried 7-0. RESOLUTION NO. 453-99 RESOLUTION APPROVING PLAT OF PROPOSED VACATED KANE COURT Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated July 20, 1999, prepared by Buealng & Associates, describing the proposed vacated portion of Kane Court;, and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated July 20, 1999, prepared by Buesing & Associates, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the C~[y of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and cer~ed copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of August, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. An Ordinance Vacating the unimproved potion of Kane Cou~ presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 68-99 ORDINANCE VACATING THE UNIMPROVED PORTION OF KANE COURT Whereas, Delbert and Larry Miller have requested the vacating of the unimproved portion of Kane Court; and Whereas, Bussing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of the unimproved po~on of Kane Court and assigned lot numbers thereto, which hereinafter shall be known and descdbed as Lot 13A of West Ridge Second Add~fion, in the Cb of Dubuque, Dubuque County, Whereas, the City Council of the City of Dubuque, Iowa has determined that the unimproved portion of Kane Court is no longer required for public use, and vacating of the unimproved portion of Kale Court known as Lot 13A of West Ridge Second Addition in the CKy 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 13A of West Ridge Second AddPJon in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. That the requirements to instalt public and pdvate improvements as indicated in Sections 2 and 3 of Resolution No. 333-76 approving West Ridge Second Addition is hereby rescinded. Passed, approved and adopted this 16th day of August, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 17th day of September, 1999. Mary A. Davis CMC, Cb Clerk It 9/17 Buol moved that the rule reqaldng an ordinance to be presented and read at :two separate meeting before final adop~on be suspended and further moved final adoption of Ordinance. Seconded by Markham. Motions carded 7-0. RESOLUTION NO. 454-99 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 13A OF WEST RIDGE SECOND ADDITION, DUBUQUE, IOWA Whereas, the Dalbert and Larry MiJter have requested the vacafing of the unimproved poKdon of Kane CourL Whereas, Buesing & Associates has prepared and subm[ttad to the City Council a plat showing the vacated ~ortion of Kane Court and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 13A of West Ridge Second Add~on in the Cb of Dubuque, Iowa; and Whereas, the City Coundl of the City 353 Regular Session, AugUst 16, 1999 of Dubuque, Iowa has determined that this poCdon of Kane Court is no longer required for public use, and vacating and sale of said portion known as Lot ~13A of West Ridge Second Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE It RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 13A of West Ridge Second Addifon in the City of Dubuque, Iowa. Section 2. Tha~ the requirements to install improvements as indicated in Sections 2 and 3 of Resolution No. 333-76 approving West Ridge Second Addition is hereby rescinded. Section 3. That the conveyance of Lot 13A of West Ridge Second Addition in the City of Dubuque, Iowa to Delbert Miller be contingent upon the payment of $890.00, plus platting, publication and filing fees. 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 16th day of August' 1999. Terranca M. Duggan, Mayor Attest: MaP/A: Davis, City Clerk Buol moved adoption of the resolution and also set this matter for hearing on 9-7-99 at 7:00 p.m. in the Public Librery Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. City Manager subm~ng documents providing for construction of Schmitt Harbor Boat Ramp, presented and read. Voetberg moved that the communication be received and flied. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 455-99 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 Schmitt Harbor Boat Ramp Project, in the estimated amount of $97,741.49 are hereby approved and ordered tiled in the office of the City Clerk for public inspe~on. Passed, adopted and approved this 16th day of August' 1999. Terrance M. Duggan, Mayor Attest: MaP/A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 456-99 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 Schm~ Harbor Boat Ramp Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 20th day of September, 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 prior to the day fixed for its consideration. At the hearing, any interested person may appear and tile objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 16th day of August, 1999. Terrance M. Duggan, Mayor Attest: MaP/A. Davis, City Clerk Voetberg moved adoption of the Resolu~on. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 457-99 ORDERING BIDS NOW THEREFORE, BE it RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Schmitt Harbor Boat Ramp Project is hereby ordered to be advertised for b ds for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to adveCdse for bids for the construction Renu ar Session, Au.qust~16~ 1999 of the improvements herein provided to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 9th day of September, 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 20th day of September, 1999. Passed, adopted and approved this 16th day of August' 1999. Terrence M. Duggan, May~r Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resdiufion. Seconded by Budi. Motion carried 7-0. City Manager submitting documents providing for construcfion of R~vers Edge Plaza construction, presented and read. Buol moved that the ccmmudication be received and flied. Seconded by Nichdison. Mofion carried 7-0. RESOLUTION NO. 458-99 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 River's Edge Plaza Construction, in the es~mated amount of $473,407.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 16th day of August, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nichotson. Motion carried 7-0. RESOLUTION NO. 459-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Counc~ 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 Rivers Edge Plaza Construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 20th day of September, 1999, a public headng will be held at 36;, 7:00 p.m. in the Public Library Auditorium at which time interested 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 nofice shell 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 objecfions to the proposed plans, specifications, contract, or estimated cost of the Improvement. Passed, adopted and approved this 16th day of August, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resdiution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 460-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, tOWA: That the River's Edge Plaza Construction is hereby ordered to be edverfised for bids for construc~on. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shell be in an amount which shall conform to the provisions of the notice to biddem hereby approved as a part of the plans and specifica§ons heretofore adopted. That the City Clerk is hereby directed to advedJse for bids for the construction of the improvements herein provided, to be published in a newspaper having generei circul~on in the City of Dubuque, lows which notice sba not be ess than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 14th day of September, 1999. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final a~on at 7;00 p.m. on the 20th day of September, 1999. Passed, adopted and approved this 16th day of August' 1999. Terrance M. Duggan, Mayor Attest Mary;.. Davis, City Clerk Buol moved adoption of the resol~on. Seconded by Nicholson. Motion carried 7-0. There being no further business, 365 Regular Session, August 16, 1999 Voetberg moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 8:53 P.M. /si MaryA. Davis CMC City Clerk Adopted ~.~, 1999 ;oun¢il Membem c~, c~erk ~/