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1998 December Council ProceedingsBoard of Health, December 7, 1998 435 DUBUQUE BOARD OFHEALTH SPECIAL MEETING Spec'ial Board of Health Meeting, December 7, 1998. Board met at 6:55 p.m., Public Ubra~y Auditorium. Present: Chairpemon Duggan, Board Membem BuoL Markham, Michalski, Nicholson, Robbins, Voeft)erg. Chairperson Duggan read the call and stated this is a Special Board of Health Meeting called forthe purpose to act upon such business which may propeny come before the Board. City Manager recommending approval of Pediculosis Control Plan, 9resented and reeo. Robbins moved that the communication be recek, ed and filed and recommenda'don approved. Seconded by Buol. M~on carried 7-0. There being no further business, Robbins moved to adjourn the meeting. Seconded by Buol. Motion carSedT-0. The meeting adjourned at 6:58 p.m. /s/MatyA. Davis CMC Secretary, Board of Health Approved ,1999 Couecil Members c~y C~e'rk Regular Session, December 7, 1998 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 7. 1998. Counci Met at 7:00 p.m., Public Ubraw Auditpdum. Present: Mayor Duggan, Council Members Buol, Markham. Michaiski, Nicholson, Robbins, Voetberg, City Manager Michael Van Mliligen, Corporation Counsel Barry A. LindahL Mayor Duggan read the call and s~a~eo ;his is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Father Pau; Otfing, Pastor of Ho~ Ghost Church. ~roclamation: Dec. 13 as "Com- passionate Fdends Day" received by Wayne Havedand. MINUTES SUBMITTED -- Cable Teleprogramming Commission of 12-1; Citizens with Disabilities Parking Review Committee of 10-13; CMl Service Commission of 10-12; Environmenta~ Stewardshie Advisory Commission of 11-3; ;ive Flags Commission of 10-19: Human Rights Commission of 10-12: Library Board of 10-19; Park & Recreation Commies~on of 11-10; Park & Recrea~on Commission Bunker Hill Building Subcommittee of 11-1g: Plumbing Board of 114, presented and read. Voetberg moved that the minutes be received one t~led. Seconded by Nicholson. Motion carded 7-0. Zoning Advisory Commission of 11- 4, presented and read. Michalski moved that me minutes be received and filed. Seconded by Markham. Motion carried 7-0. :roofs of publication certJtied to by the Publisher on publishing 1998 Financial Report for fiscal year ended June 30, 1998; List of Claims paid and Summary of Revenues for month ending September, 1998; Council Proceedings for meetings of 10-19-98 and 11-2-98, presented and read. Voetberg moved that the commun cation be receivec and filed. Seconded by Nicholson. Motion carded 7-0. NOTICE OF CLAIMS/SUITS -- Klm Eppler in amount of $284.75 for vehicle damages; Elizabeth M. Evarts in unknown amount for personal injuries; Jason Grawe in amount of $652.64 for vehicle damages; Lois Leytem in es~ amt. of $1955.58 for vehicle damages; Harold E. Miller in amount of $57.07 for property damages presented and read. 'Voetberg moved that the claims and ss~ts be referred to the Legal Staff for investigation and report. Seconded by Nicholson. Motion carded 7-0. Corporation Counsel advising fcliowing claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Personal injury of Janet LeSandrini; Vehicle damag~ of Progressive Insurance; Personal ~njury of Meivin Reynolds, presented and read. Voetberg moved that the communications be received and filed. Seconded by Nicholson. Motion carded 7-0. Corpoi-ation Counsel recommending setdement of vehicle damage of Renee LeGrand in amount of $576.67 and authodze Finance Director to issue cheek, presented and read_ Voetberg moved that the communication be received and filed anc approved se~ement. Seconded by Niche{son. Motion carded 7-0. Corporation Counsel recommending denial of following claims: Property damage of Marlyn J. Langevin; Property damage of William J. McDermott, presented and read. Voetberg moved that the communication be received and filed and denials approved. Seconded by Nicholson. Motion carded 7-0. November 17, 1998 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1997 Code of Iow~, the Civil Service Commission conducted a written examination on October 27, 1998 for the Dssition of Truck Ddver. We hereby certify that the following Reqular Session, December' 7, 1998 437 individuals have passed this written examination and the vacancy for this position should be made from this list. We further state that this list is good for two (2) years from above date. TRUCK DRIVER Elmer Heaceek Frederick Bdmeyer Jeff Steeer Raymond Behnke Paul Herman Kenny MstcaJf Jim Powers Tern/Dolan Gary Schroeder Respectfully submitted Is/Mede Duehr, Jr., Chairperson Is/Loras J. Kluesner Is/Thomas E. Rawson, Civil Service Commission Voatberg moved that this above certification be made a matter of record. Seconded by Nichoison. Motion carded 7-0. City Zoning Advisory Commission advising of their apprevaJ of final plat for properbz East and West of Edwards Road and South of Kelly Lane, presented and read. Voetber§ moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 545-,98 A RESOLUTION APPROVING THE FINAL PLAT OF EDWARDS ROAD (LOT A) AND LOTS 1 AND 2 OF HANTEN-KOOS PLACE, IN THE CITY OF DUBUQUE, IOWA. Whereas= there has been tiled with the City Clerk a final plst of Edwards Road (Lot A) and Lots 1 and 2 of Hantan-Koos Place, in the City of Dubuque, Iow'a: and Whereas, upon said final plat appears a sfreet to be known as Edwards Road [Lot A), together with certain public utility easements which the owners by said tinal plat have dedicated to the public forever, and Whereas: said tinal plat has been reviewed by the City Planner and had her appreval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said tinal plat has been examined by the City Council and they tind that it conforms to the statutes and ordinances relating to it; ant Whereas, the !mprevements have been completed m accordance with plans and specifications approved by the City Council, and inspected by the City Engineer, and Whereas, the City Council concurs In the conditions of approval established by the Zoning Advisory Commission and the City Planner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Edwards Road (Lot A), together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. Thstthe plat of Edwards Road (Lot A) and Lots 1 and 2 of Hanten-Kees 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 final plat, provided the owners of said property herein namee, execute their written acceptance hereto attached agreeing: a. To dedicate Lot A, known as Edwards Road, to the City of Dubuque. b. To provide a '0,va-year maintenance bond for street improvements from the date of acceptance. Section 3. That maintananca of said improvements shall be the responsibility of the conz~actor for a pedod of two (2) years from the date of this resolution. Section 4. That in the evam the owners shall faf to execute the acceptance and furnish the guarantees provided in Section 2 ho'reef within 180 days after the date of this Rose ution the provsions hereof sba be null and void and the acceptance of the dedication and appreval the plat shall not be effective. Passed, approved and adopted this 7th day of December, 1998 Terrance M. Duggan, Mayor Attest. Mary A. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 545-98 We, the undersigned, James Edwards and Patficia A. Edwards, having read the terms and conditions of the Resolution No. 545-98 and being familiar with the cond~ons thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, iowa this 18th day of December, 1998. By/si James D. Edwards ' By/s/Patdcia Ann Edwards Voetberg moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. City MacaBer recommending to terminate concession agreement with JD, BS & SW LTD, presentec and 43R Regular Session, December 7, 1998 read. Voatberg moved that the communication De received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 546-98 RESOLUTION TERMINATING CONCESSION AGREEMENT FOR McALEECE PARK AND REC- REATION COMPLEX WITH JD, BS & SW, LTD. WHEREAS, the City CotJncil of the City of Dubuque, iowa, met on the 17th day of February, 1998, and approved me Concession Agreemem between the City of Dubuque and JD, BS & SW, LTD., a copy of which is attached hereto and nccrporeted herein by reference: and WHEREAS, the City of Dubuque wishes to terminate the Concession Agreement, NOW THEREFORE, BE ~ iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE= iOWA: Section 1. The Concession Agreement betweer, the City of Dubuque and JE, BS & SW, LTD., a copy ef which is attached berate, is hereby terminated effective the 7th day of December, 1998. Passed, approved and adopted this 7th day of December. 1998. Terranca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voatberg moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Counsel for Board of ReView advising cf Voluntary Set~lemem of an assessment appeal by McGraw-Hil Companies, Inc.; eresented and read. Voetberg movee that the communication be received and filed. Seconded by ' Nichdison. Motion carried 7-0. Attorney Paul Fitzsimmons on behalf of Louis Lugrain, owner.of Inter-Stale Contractors and Building Supply, advising of some concerns regarding.. the streets around hfs property at 155 East 5th St. presented and read. Voetberg moved - that , the communication be received and filed and matter referred to the City Manager and Staff. -Seconded by Nichotson. Motion carried 7-0. City Manager requesting approval {o enter into contract with IA. Dept. of Inspections & Appeals for insoections & licensing of vanous food establishments, presented anc read. Voetberg moved that the communication be received and tiled and request approved. Seconded by Nicholson. Motion carded 7-0. City Manager recommending to enter into contract with National AnimaJ Control Associatior (NACA) to assist in evaluating the Adimai Control Activity, presented and reec. Voetberg moved that the communication be received and tired and recommendation approved Seconded by Nicholson. Motion carried 7-0. City Manager recommending amendment to the Kelly Lane Sanitary Sewer Assessment, presented and read. Voatberg moved that the communmafie~ be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 547-98 RESOLUTION AM ENDING PRELIMINARY SCHEDULE OF ASSESSMENTS FOR THE KELLY LANE SANITARY SEWER PROJECT - PHASE II Whereas, on the 20th day of April, 1998, the City Council of the City of Dubuque, Iowa, adopted a Schedule of Final Assessments for the Kelly Lane Sanitary Sewer - Phase II Project; and Whereas. it has been determined that errors were made in the amount of [he assessment for Lot 2 of 2 of Garrel's Grove, and Lot 1-2-2-1-1 and Lot 2-1-2-1-1 of Mineral Lot 511; and Whereas, in order to correct said assessments an amendment to the Schedule of Final Assessments has been proposed for said tots. NOW, THEREFORE, BE 'IT RESOLVED BY THE CITY COUNCIL:' OF THE CITY OF DUBUQUE; IOWA: Section 1. That the attached sheet I to I inclusive, hereby amends the Schedule of Assessments as adopted_ by Resolution No. 167-98 for the Kelly ~ Lane Sanitary Sewer Project - Phase II, with respect to the assessment for Lot' 2 of 2 of Garrel's Grove, and Lot 1-2-2- 1-1 and Lot 2-1-2-1-1 of Mineral Lot 511. ' Section 2. That the 'ar~n~n~er~ ~ -~ the Schedule of Assessments provide for an additional deficiency for Lot 2 of .. 2 of Gar~el's Grove ef $3,061.38, for a total deticiency of $3 087.91. Section 3. That the amendment to the Schedule of Assessments provide for an additional deficiency for Lot 1-2- 2-1-1 and Lot 2-1-2-1-1 of Mineral Lot 511 of $1,704.52. for a total deficiency Reqular Session, December 7, 1998 439 of $5,968.07. Passed, approved and adopted this 7th day of December, 1998. Terrance M. Duggan, Mayor -Attest: Mary A. Davis, C~ Clerk Voetberg moved adoption of the Resolution. Seconded by Nichoison. Motion carded 7-0. City Manager recommending amendment to 1997 PC Concrete Paving Project Final Assessment Schedule, presented and read. Voetberg moved that the communication be received and flied. Seconded by Nichoison. Motion carded 7-0. RESOLUTION NO. 548-98 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR 1997 P.C. CONCRETE PAVING PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE' NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WI~EN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH . NOTICE THEREOF. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the 1997 P.C. Concrete Paving Project under contract: with Portzen Construction Company, thc. of Dubuque, Iowa, which final plat and schedule were tiled in the office of the City Clerk on the 19th day of . October, 1998, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and' levied conditionally against the respective properties 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 pmpaztion to the special benefits conferred and not in excess of tweaty-five pement of the value of same. That the City Clerk be and is hereby directed to cer~ said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said cedJfication once each week for two consecutive weeks in the manner )rovided in Section 362.3, the fimt ~ublication of which shall be not more than fifteen days from the date of filing of the tinal schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property ownem whose property is subject m assessment, as provided and directed in Section 384.60 of the Code of Iowa. That asssssmenzs may be paid in full or in part without interest at the office of the County Treasurer, az 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 Codnty Treasurer. A~er 30 days unpaid aeseesments of $50.00 or more are payable in 10 annual installments and will draw annual interest at 9 percent commencing on the date of acceptance of the work) computed to the December I 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 Col[owing 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 -- 7th day of December, 1998.':' - Terrance M. Duggan, Maypr Attest: Mary A: Davis, City Clerk . SCHEDULE OF FINAL :. ,- ASSESSMENTS - SPRUCE STREET The .fdilowing schedule is hereby determined to show each lot propose~ to be assessed for the improvement in the l~tie together with the amount proposed to be ssseesec against each lot and the valuations shown oppos~e each lot are hereby fixed as the true valuatioea of such lots by the City_ Council of the City of Dubuque. Regular Session, December 7, 1998 OWNER LOT DESCRIPTION WATERMAIN ASSESS. WATER SERVICE ASSESSMENT FARLEYS SUBDIVISION BROWN, WILLIAM N. LOT 35 $550.00 $350.14 $2892.19 COPELANE. CAROL A. LOT 2-34 $437.86 COPELAND, CAROL A LOT 1-34 $325.62 CAMPBELL CAROL MARIE LOT 33 $424.53 SPRAGUE, HELEN LOT 32 $377.85 SPRAGUE, HELEN LOT 31 W/32 SPRAGUE. HELEN W. 45' - LOT 30 W/32 PLUYM, DANIEL L. & SUSAN E LOT. 44 $1,993.16 DRISCOLL CARL E. LOT 1-45 $535.10 DRISCOLL CARL E. LOT 1-46 W/1-45 BREITBACH ROBERT L & CATHERINE P. LOT 2-45 BREITBACH ROBERT CATHERINE F. LOT 2-46 BREITBACH ROBERT CATHERINE P. LOT 2-46AS548.09 HUSEMANN, LOUIS J. & PAULINE R.N. 50'-N-96.5'-LOT36 $1007.14 CARPENTER, EDWARD H. & . SHIRLEY S. 46.5"-N. 96.5' LOT 36 $800.05 ZIMMERMAN, HOWARD $768.41 ZIMMERMAN HOWARD S. 3.5'-LOT 36 S. & S. INVESTMENTS LOT 1-43 RANSDELL MARY H. N.80' - LOT 37 RANSDELL MARK E. S. BAL. LOT 37 CITY OF DUBUQUE LOT 38 CITY OF DUBUQUE LOT 39 ' W138 CiTY LOT 703 FRANK HARDIE ADVERTISING INC. LOT 1-8 $66.89 BREITBACt-., ROBERT L & CATHERINE P. LOT 6 $82.75 BREITBACH ROBERT L. & CATHERINE P. LOT 5 WI6 BREITBACH ROBERT L. & CATHERINE P. LOT 4 W/6 BREITBACH. ROBERT L & CATHERINE P. W. 139' - $1,736.62 LOT 2-43 $1,523.83 W/2-43 $1.258.30 $611.23 $703.75 - $772.10 LOT3 $115.33 ROBINS.ON, LEWIS & BARBARA W. 116- LOT2 $233.10 TOTALS - SPRUCE STREET ~$550.00 $1,918.60 $16 200.47 / WEST THIRD STREET t M.L. 73 MERCY HEALTH CENTER LOT I-8-M.L 73 $1,564.12 MERCY HEALTH CENTER LOT 1-2-8-M.L 73 W/1-8-M.L73 MERCY HEALTH CENTER LOT 2-2-8 M.L 73 $1,443.08 MERCY HEALTH CENTER LOT 3-8- M.L 73 W/2-2-8 M.L73 MERCY HEALTH CENTER LOT 4-8- M. L 73 $516.18 HIGGINS, JOSEPH C. & DIANA A. LOT 5-8- Vi. L 73 $249.04 HIGGINS JOSEPH C. & DIANAA. LOT 7-8- M. L. 73 $106.24 MERCY HEALTH CENTER LOT 7-8 $212.48 LOCHER. JAMES C. LOT 2-1-2-9- M.L 73 $255.56 GRADY, JAMES R. $692.53 LOT2-1-2-9 M.L 73: ~ ~ $403.14 L & HOFFMANN, PAUL E. $562.50 . LOT 2-1-2-9 M. L 73 $277.25 L & MAY. WILLIAM F. LOT 2-1-2-9 M. L. 73 ' $270.09 SNYDER. JAMES G. LOT 2-1-2-9 M. L 73 $433.45 FUHS, Q, MICHAEL & KATHY E. LOT 2-1-2-9 M. L. 73 $352.40 NEMMERS JODI J. LOT 2-1-2-9-M. L 73 $255.78 WEST THIRD LEASING ASSN. LOT 1-1-2-9 M. L. 73 $2, 175.25 MOZENA, DARRYL K. & TERRY K. LOT 1-9 M. L 73 $4,613.43 MASSEY HEIGHTS LOCHER. JOSEPH C. LOT 1 W/2-1-2-9 M. L:73 GRADY; JAMES R. LOT 1 W/2-1-2-9 Vi. L 73 HOFFMANN, PAUL E. LOT 1 - W.t2-1-2-9 M. L 73 MAY, WILLIAM F. LOT 1 - - W/2-1-2-9 M. L 73 SNYDER, JAMES G. LOT 1 Wf2-1-2-9 M, b 73 FUHS, Q. MICHAEL & KATHYE. ' LOT 1 ~. W/2-1-2-9 M. L. 73 NEMMERS, JAM..~S' J. LOT 1 ~ W/2-1-2-9 M. L 73 LANGWORTHY PLACE MERCY HEALTH CENTER LOT i $599.34 HENKELS, FRANCIS WM. & ELLEN T. LOT 1-1-2 M, L 72 & 1-10- M L 73 Regular Session~ December 7~ 1998 441 &2 M. L 74 $1,424.19 LEMAY, MARYA. LOT2-1-2 M. L. 72 & 1-10 M. L 73 &2. M. L 74 $878.12 NOEL. CARL b & ALICE C LOT A~2-2-2 M. b 72 & 1-10 M. L 73 & 2 M. b 74 $138.68 KARIGAN, OURANIA LOT 1 M. b 74 $1,861,34 KARIGAN, OURANIA LOT 1 M. L 72 W/1 M. L 74 C17~' OF DUBUQUE LOT 1-1- C. L. 732 $5,275.93 C. L. 724 HICKEY, THOMAS d & ROSE MARlEN N.51.5'-6 C. L724 $1,177.55 HICKEY, THOMAS J. & ROSE MARIEN N.51.5'-5 C.L 724 W/N 51.5-6-C.L 724 HICKEY. THOMAS J. & ROSE MARIEN N.51.5'-4 C.L 724 WfN 51.5-6 CL 724 BITTER, CAROL A. S. 49' - 5 C. L. 724 $517.12 BITTER, CAROL A. S. 49'- 5 C. L 724 W/S 49'6 - C. k 72 BITTER, CAROL ~ S. 49'-4 C. L 724 W/S 49.6 - C. L 72 BITTER, CAROL A. LOT 5A C.L 724 W/S 49.6 C.L724 MERCY HEALTH CENTER LOT 7-C. L 724 $202.66 MERCY HEALTH CENTER LOT 10 C. L. 724 $92.45 RADLOFF, DAVID F. & JAXINE M. LOT 3- C. L 724 $1 068.46 RADLOFF, DAVID F. & JAXINE M. LOT 2 C, L. 724 W/3 C.L 724 YAGER, JOHN E. LO7 2-1 C. L 724 $630.96 $910.55 YAGER, MARY ANN LOT 1-% C. L 724 $630.96 $885.28 LOPEZ, VINCENT R. & VIRGINIA LOT 8 C. L 724 . $202.66 STEGER, MARK W. LOT 1-9 C. L. 724 $52.62 STEGER, MARK W. LOT 2-9 C, L 724 $39.83 MOZENA, ANDREW W. & AMY LOT 12- C. L 724 $61.74 McCLAIN, JEAN E. N1/2-13 C. L 724 $15.84 KELL~S BLUFF NAGLE PUBLICATIONS LOT 4 $368.78 (DEFICIENCY ASSESS.) $1,146.26 KELLY'S BLUFF HOMEOWNERS ASSN. LOT A-3 $1.800.71 NAGLE PUBLICATIONS LOT 5 $574.38 DUELAND, MAUREEN A. LOT 1-3 $95.81 RIEDEL. SUSAN J. LOT 2-3 $103.81 OSTERBERGER, KARL& S LOT 3-3 $111.17 HOFFMAN, JOHN H. LOT 4-3 $120.12 BOSVELD, JOHN A LOT 5~3 $128.60 WILLEY, FRANK F. & CONSTANCE J. LOT 6-3 $121.72 SAINT CLARA COLLEGE LOT 2- C.L 723 $458.58 SAINT CLARA COLLEGE ROMAN CATHOLIC GRAVE YARD LOT 2 W/2 C. L 723 KELL~S BLUFF NO. 3 NAGLE PUBLICATIONS LOT1 $311.33 (DEFICIENCY ASSESS.} $6790.44 NAGLE, JEFFREY C. LOT 2 $492.65 ST. RAPHAEL'S ADDITION ALDEMAN, MARK C. & PAMELA A. N. 73.4L1-2 ' $1,398.92 RICHTER, MELFFTA F. S. 28'.4'1-2 $212.73 RICHTER, MELITTA F, LOT 3 $233.21 ADAM, FLORENCE LOT 4 $109.41 KEDLEY, LEROY J. & BARBARA LOT 5 $63.98 OESTERICH, BRUCE C4 & BEVERLY A. LOT6 $49.10 C. L. 607A TRANEL; PATRICK K_ W. 52'-W. 55' C.L 607A $778.64 GOODMAN, CATHERINE A. E. 25' C.L. 607A" : $419.23 GOODMAN, CATHERINE A. · W. 55 ~..L607A W/E 25' C.L 607A TWIN SISTERS SUBDIVISION LOT 2-C.L 607 $988~17 ST. RAPHAEL'S CATHEDRAL LOT 1-C.L 607 $3,421.33 ST. RAPHAEL'S CATHEDRAL C. b 606 $I,495.21 ST. RAPHAEL'S CATHEDRAL _ C. b 605 $689.80 HOS, EUGENE A. & MARIE N LOT 2-S.1/2-E. 113' E. 128' E. 178' E. 228 C.L. 608 $1,588.75 HOS, EUGENE A, & MARIE N. LOT 1-S.1/2-E: 113' E. 128' E. 178' E. 228 C.L 608 WI2-S-1/2 C.L 608 442 Regular Sessio~, December 7, 1998 HOS, WILLIAM & VIRGINIA R. S. 22.8'-N 1/2-E. 113'-E. I28-E. 178' E.- 228-C.L 608 $377.03 LESLEIN. BERNICE N. 20'N. 1/2E. 113'E. 128-E. 178'E. 228. C. L. 608 $254.72 HOS, WILLIAM & VIRGINIA R. W. 15' E. 128' E. 178' F_ 228' C.L 608 $73.94 MILLS. WAYNE K. & PATRIClA L. W 15' E. 128' E. 178' E. 228' C.L 608 $73.94 HOS, EUGENE A. & MARIE N. W. 15' E. 128' E. 178' E. 228 C. b 608 $73.94 LESLEIN. BERNICE W, 15' E. 128' E. 178' E. 228' C.L 608 $73.94 Vi[LLS. WAYNE K. & PATRICIA L. E. 25' - W.50' E 178' E. 228' C.L 608 $712.64 $1,087.08 PLUMLEY. MARLYN J. W. 25' W. 50' E. 178' E. 228' C.L 608 $712.64 $1,087.08 PANKOW ROBERT & VIOLA E. 28' W. 50 E. 228' C.L 608 $419.39 PANKOW, ROBERT & VIOLA W. 22' W. 50' E. 228' C.L 608 $329.50 PANKOW, ROBERT & VIOLA W 50' C.L 608 $748.88 FENELON POINT SUBDIVISION SCHADLE, STEVEN J. & AMY LOT 1 $25~.76 LESLEIN BERNICE LOT 2 C.L 609 $49.52 MANGRICH LYN C. & KATHERINE LOT 1-1- C._. 609 $294.09 MANGRICH. LYN C. & KATHERINE LOT 1-2-1 C.L. 609 $80.00 MANGRICH, LYN C. & KATHERINE E. 77' 2-2-1- C.L 609 $201.54 MAIN JACQUELINE J. & ALAN A~ W. 78' 2-2-1 C.L 609 $204.10 L SCHIESL. JAMES J. & MARY-JO LOT 3-C.L 692 .. -. - $749.82 $1.357.15 SCHiESL JAMES J. & MARY JO KIRKEGAARB, PAULA, & RHONDA L LOT 13 W/14 KIRKEGAARD PAULA. & RHONDA L. LOT 12 $799.75 PA%TERSON. BRADLEY T. & KATHRYN E. LOT 11 $799.75 BROWN JOHN J. LOT 10 $805.59 $1,605.34 BROWN, JOHN J. & ANNA M. LOT 9 $799.75 O'ROURKE, JAMES F. & JEANNE C. LOT 8 $805.59 $1,605.34 MILLS. JEFFREY A. LOT 7 $787.00 $1,586.75 KELLY. KEITH E, & JUDY ~ E.37,5-6 $805.59 $1,405.40 DELIRE. STEPHEN P. & JANET M. LOT 5 $805.59 $1,965.23 DELIRE, STEPHEN P. & JANET M. W. 12.5' 6 W/5 DELIRE, STEPHEN P. & JANET M. E, 10'-4 ' W/5 TURNER, MAYLO J. W. 40'4 $787,00 $1,426.80 BARTON, THOMAS ~ LOT 3 $805.59 $1,605.34 KEARNEY, DENNIS C. & KATHERINE A. E.BAL.-2 $402.80 $730.70 KEARNEY, MARIE A. W. 20.5'-2 $402.80 $730.70 . HEALEY. JOSEPH A. & JANICE LOT 1 $655.79 FORTUNE'S SUBDIVISION NEUMANN, DARLENE b LOT 1 $768.41 $1,568.16 SALIGA, KEVIN M.'& MARGERY K~ LOT 2 $799.75 CONNER, JAMES S. - LOT 3 $1,629.77 $2,429.52 STEWART, TERRYL E. & SCHMIDT, JUDITH M. LOT4 $799.75 ALLENDORF. RICHARD J. SR. & JEAN M. LOT 5 $824.18 $1,623.93: HIRSCH, ~ARBARA-A. & GERALD b SR. E.1/2-6 824.18 $:,224.05~" BENDA VINCENT & DOROTHY '-- W.1]2-6 $824.18 $1,224.05 HOPKINS, PHILLIP W. & PAULA M.. LOT 2-2 C.L 692 $713.06 PT. LOT 7 .-- $615.81 AHERN, JAMES LEO BURCH'S 2ND SUBDIVISION . . LOT 2-E. 78'S. 100-4-C.L692 ~ TRI-STATE CONVALESCENT $638.28 $1,026.64 CENTER LOT 1-1 - $4 210.84 PEACOCK, CLARENCE J. & LINDA L TRI-STATE CONVALESCENT. LOT 1-E.78'S.100-4 C.L 692 - CENTER LOT2-1 . W/1-1 · $859.25~. TRI-STATE CONVALESCENT - ;' KIRKEGAARD, PAUL A. & RHONDA L. ~ CENTER LOT 1-1-2 $3.:~6.65 E. 150' W. 208' S. 100' 4-C.L. 692 $2,399.25 K[RKEGAARD, PAULA. & RHONDA L. E. 55' W. 58'-W 208' S. 100'~, C.L 692 ~ $879.72 PROSPECT HILL KIRKEGAARD. PAUL A. & RHOi~DA L LOT 14 $1 599.50 STRUB, RAPHAEL H. & RUTH LOT 2-1-2 :,: $117.08 GEO. B. BURCH SUBDIVISION GRUBER. JEFFREY -. ~ LOT 2-1-2-2 $805.59 $2,328.79 GRUBER, JEFFREY; - - ': . , LOT 1-2-2 · W/2-1-2-2 TRI-STATE CONVALESCENT Reqular Session, Deqember 711998 CENTER LOT 2-2-2 W11-1-2 G. BURCH'S SUBDIVISION BOLAND,JAMES C. & EVELYN M. LOT 1 $104.93 BOLAND,JAMES C. & EVELYN M. LOT 1-2 WI1 WAGNER, JOSEPH L. & KATHLEEN M LOT3 $48.14 WHITE, JOHN HENRY LOT 4. $18.07 GRUBER, JEFFREY LOT 2-2- M.L 73 W/2-1-2-2 BUETTEL LANGWORTI-fY'S ADDITION GRUBER, JEFFREY SCHROBILGEN DONALD A. & JEAN A. LOT 2 $1,362.61 SCHROBILGEN. DONALD A. & JEAN SCHROBILGEN, DONALD A. & JEAN A. LOT 7 W/'2 LAWSON, MARCIA G. LOT 1-3 $1,516.80 BECHEN, V]CKI M. LOT 2-3 $381.64 NAUMAN, RANDALL S. & KRISTINE M. S. 49'-4 $280.55 MOORE, STACEY J. & SHERRI A S.34'-5 $112.92 MOORE, STACEY J. & SHERRI A. N. 1'-4 WIS 34'-5 SMITH, TAMMY N. 16'-5 $69.42 SMITH, TAMMY S. 18'6 W/N 16'-5 ERSCHEN, CHRISTOPHER N. 32'6 $43.99 M. L76 TRI-STATE CONVALESCENT CENTER LOT 1-3-2-2-3-M.L. 76 STRUB, RAPHAEL H. & RUTH LOT 2-3-2-2-3- M.L 76 $27.83 STRUB, RAPHAEL H. & RUTH LOT 2-1-1-2-2-3 M.L. 76 W/2-3-2-2-3 M.L. 76 STRUB. RAPHAEL H & RUTH LOT 2-2-t-2-2-3 M.L. 76 W/2-3-2-2-3- M.L. 76 EDWARDS, JAMES R. & JO ANN - ' ' LOT 1-1-1-2-2-3 M.L 76 $82.21 DEFICIENCY ASSESSMENT TOTAL: $680.11 WATER SERVICE ASSESSMENT TOTAL: $16,159.16 TOTAL NET ASSESSMENT: Voetberg moved adoptior, of th~ Resolution. Seconded by Nicholson. Motion carried 70. City Manager recommending acceptance of conveyance of property at 2618 Jackson St., presented and read. Voetberg moved that the communication be .received and tiled. 443 JSeconded by Nichoison. Motion carried RESOLUTION NO. 549-98 RESOLUTION ACCEPTING A CONVEYANCE OF REAL ESTATE AT 2618 JACKSON STREET IN THE CITY OF DUBUQUE, SOUTH ONE- HALF (S ~) OF LOT 231 IN GLENDALE ADDITION NUMBER THREE (3}, IN THE ClT~ OF DUBUQUE, COUNTY' OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. Whereas, the City of Dubuque has agreed to ~urchsse the following legally-described real proper[y; South One-half (S ½) of Lot 231 in Gisnda[e Add,on Number Three (3), in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof; from Sheryl Ann Sha~, and Whereas, the owner has prepared a Warranty Deed naming the City of Dubuque, Iowa as ho der of all dghts, title and interest in said property. NOW, THEREFORE,. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of Dubuque,'-' Iowa, 'hereby approves of, accepts and consents to the Warranty Deed from She~ Ann Shaw as required by Iowa Code Section 569.7. Section 2.- The City Clerk be and she is hereby authorized and directed to cause said Warranty Deed to be recorded in 'the office of the Dubuque County Recorder, - Together with certified copy of this Resolution. Section 3. That the C~ Clerk be and she is hereby diCected to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque CountyAuditor. - ,-- - . .- Passed, approved and adopted this ' 7th day of December, 1998. Torrance M. Duggen, May~r Mary A. Davis, City Clerk ~ '- Voetherg moved adoption of the' Rssolution. Seconded by Nichdison. Motion carded 7-0. City - Manager mcammending acceptance of Keyway Interceptor Sanitary Sewer Repairs, presented and read. Voetberg moved that the communicafion be received and filed. Seconded by Nichdiecn. Motion carded 7-0. RESOLUTION NO; 550-98 ACCEPTING IMPROVEMENT 444 Regular Session, December 7. 1998 Whereas, the contract for the Keyway Interceptor Sanitary Sewer Repairs 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 NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CI'P¢ OF DUBUQUE. IOWA: Se~on 1. Thatthe recommendation of the City Manager be approved and that said improvement 2e and the same is hereby accepted. 3E IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor [rom Sanitary Sewer Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of December, 1998. Torrance M_ Duggan, Mayor .; Attest: Mary A. Davis, City Clerk Voetherg moved adoptior of the Resolution. Seconded by Nicholson. Motion carded 7-0.. ' ' ' RESOLUTION NO. 551-98 FINAL ESTIMATE Whereas. the contract f~r the Keyway Interceptor Sanitary Sewer Repairs has been completed and the City Engineer has submitted his final esfimate showing the cost thereof including the cost of estimates, notices and inspection ano ali miscellaneous NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, .OWA: Section 1. That the cost of said improvement is hereby determined to be $36,207.75 and the said amount ' shalr be paid from Sanitary Sewer Construction -~und of the.. City of Dubuque, Iowa. - - _ Passed, approved and ad'opted '~his' 7th day of December 1998 ...... Terrence ~ Duggan, Mayo,:" Attest: Mary A. Davis. City Clerk Voetberg moved adoption of the Resaiu~n. Seconded by Nichols9n. :. Motion carried 7-0 ...... :: City Man~ge~ rec~mmendin~" acceptance of deed from _CMC HeaffJand Partners, presented and read. Voetberg moved that the communication be received and filed. Seconded by Nichoison. Motion carded 7-0. RESOLUTION NO. 552-98 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY LOCATED IN THE KERPER BOULEVARD INDUSTRIAL PARK FROM CMC HEARTLAND PARTNERS TO THE CITY OF DUBUQUE. Whereas, the City of Dubuque entered into a Purchase Agreement with CMC Heartland Partners dated July 22, 1998 pursuant [o which CMC Heartland Partners .agreed to convey Hee~and Place ~n the City of Dubuque, Iowa, as showr on a Dlat recorded on the 4th day of November, 1998, as Instrument No. 17437-98, records of Dubuque County, Iowa; and Whereas, CMC HeaffJand Partners has executed a conveyance of said .' property. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: _ Section 2. The City Council of the City ~ of Dubuque, Iowa, hereby approves of, accepts and consents to the Special Warramy Deed from CMC Heartland Partners, a copy of which is attached hereto, as required by Iowa ,. Code Section 569.7 Section 2. The Mayor is hereby author[zed and directed to execute and acknowledge on behalf of the City .of Dubu. que any instruments m connection herewith. Passed, approved and adopted this 7th day of December, 1998. Terrence M. Duggan, Mayor Mary A. Davis CMC, City Clerk . ' Voatberg moved adop~on of the Resolution. Seconded Dy Nicholson.-' Motion carded 7-0. Or[y Manager recommending _ amendment to R~oseveit Road Assessment, presented and read. Voetherg ,- ~ moved - that the :~ communication be received and filed. - Seconded by, Nichoison. '-' Motion~ carded 7-0. - - RESOLUTION - AMENDING FINAL SCHEDULE OF ASSESSMENTS FOR THE- ROOSEVELT STREET: SANITARY SEWER PROJECT Whereas. on the 7th day of August, ' 1989, the City Council of the City of Dubuque, Iowa, adected a Schedule of Final Assessments for the Roosevelt Street Sanitary Sewer Projec[: and - Whereas, it has~been determined that an'errer in the ownership records ~- ReqUlar Session, b~c~rn~- 7, i~98 445 at the Courthouse resulted in an error in the amount of the assessment for Lot 13 of Weminger Subdivision; and Whereas, in order to correct said assessment, an amendment to the Schedule of Final Assessment has been proposed for said fut, NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Schedule of Amendments of Assessments to the Schedule of Final Assessment as adopted by Resolution No. 288-89 for the Roosevelt Street Sanitary Sewer Project with respect to the sssessmem for Lot 13 of Weminger Subdivision, is hereby adopted. Passed, approved and adopted this 7th day of December, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the ResoJutior. Seconded by Nicholson. Motion carried 7-0. Cit~ Manager recommending to grant project schedule extension to McLeodUSA to Apdl 15, 1999, presented and read. Voatberg moved that the communication be received' and filed and approved the recommendation. Seconded by Nicholson. Motion carried 7-0. City Manager requesting to submit Grantee Performance Report. presented and read. Voetberg moved that the communication be recerved and flied, Seconded by Nicholson. Moflon carried 7-0. RESOLUTION NO. 554-98 RESOLUTION AUTHORIZING THE SUBMISSION OF A FLOOD DISASTER RELIEF GRANTEE ' PERFORMANCE REPORT FOR THE PERIOD COMMENCING AUGUST 19, 1997 AND CONCLUDING AUGUST 19, 1998 AND AUTHORIZING RETURN OF GRANT BALANCE. · Whereas, the City of Dubuque, Iowz, Is a flood disaster ralief grant recipient under the Commun~ Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the CDBG regulaflons require that after the completJor of a program year, each eutfaement recipient mus~ submit a performance and evaluation report, Grantee Performance Report (GPR); and Whereas, the Cit~ has: 1) prepared a GPR for the program year commencing August 19, 1997 and concluding August 19, 1998; 2) published notice of availability of the GPR in the Telegraph Herald on November 1, 1998; 3) made copies of the GPR available for public review at the Public Ubrary, Community and Economic Development Department and City's Clerk's Office; 4) held a public hearing pursuant to published notice before the Community Development Advisory Commission on November 17, 1998 and 5) a $19,285 flood disaster relief fund balance remains; and Whereas, the C~ has no further projects which meet the cdteda for use of these funds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Flood Disaster Relief Grantee Performance Report for the period commencing August 19, 1997 and concluding'August 19, 1998, a copy of which is ar~ached, is hereby approved for submission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Grantee Performance Report on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized and directed to submit the Grantee Performance Report and return the balance of flood disaster .relief funds to the U.S. Department of .Housing and Urban Development Passed, approved and adopted this 7th day of December, 1998. Torrance M Duggan, Mayor Attest: Mary A. Davis, City Clerk Voatberg moved adoption of the Resolution. Seconded by Nichoison Motion carried 7-0. - . ,.. - Surface Transportation Board submitflng no. cation of errata to Draft EA (Decision No. 23), presented and - read. -Voetherg moved that the communication be received and tiled. Seconded by Nichoison. Motion carried 7-0. Cfly Manager reque~ng to authorize Letter of Commitment for Loan to Jerja Moore, presented and read. Voetberg moved that the communication be received and i~led. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 555-98 A RESOLUTION AUTHORIZING A 446 Regular Session, December 7, 1998 LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN TC JORJA MOORE, Whereas. the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan Program for the purpose of stimulating reinvestment in the 3owntown Dubuque Urban Renewal Distdcg and Whereas, the City of Dubuque, Iowa. is encouraging the use of this loan program m tinance code compliance activities and m spur job creatior activities; and Whereas, the ]can application from Jorja Moore meets the requirements of this program; and Whereas, a Commkmem Loan, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of Jqrja Moore's participation in the Downtow,* Rehabilitation Loan Program; end NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Joda Moore for participation in the- Downtown Rehabilitation Loan Program is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Councii of the City of Dubuque, Iowa, the attached Commitment Letter and To fopTvard said letter to JarlS' Moore for review and approval. Section 3. That the City Manager be and he is hereby directed to prepare, upon executioe and receipt of the a~ached Commitmem Letter by the applicant, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. - . -' Section 4. That the City Manager is hereby authorized to execute, on behaff of the City Council of the City of ~ Dubuque, Iowa, all necessary loan- documents and is further authorized to disburse loan funds from the Downtown'C Rehabilitation Loan Program. in accoroance with the terms and conditions of the executed agreement. Passed, approved and adopted this 7th day of December, 1998. Terrance M. Duggan, Mayor Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Mo'don carded 7-0. City ~. Manager recommending approval of amendment to Actio~ :~ian far use of CDBG Funds, presented and read. Vostberg moves that the cammunicatian be received and tiled. Seconded Dy' Nicholson. Motion carded 7-0. RESOLUTION NO. 556-98 RESOLUTION APPROVING AN AMENDMENT TO THE FISCAL YEAR 1998 ANNUAL ACTION PLAN FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Whereas. the City of Dubuque preparea and filed a 1998 Annual Action Plan for the use of Community Development Block Grant funds on May 5, 1997 by Resolution Nc. 199-97; and Whereas, the City of Dubuque now desires to amend said FY98 Annual Action Plan by reallocatin~ funds from Housing Code Enforcement, Residential Rahab, Rental Unit Rahab Loan and DREAMS programs to increase funding Car the Housing Rehabilitation services and s~aff by $28,477, as shown on the at~ached table entiited Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Ci~zen Participation Plan and must therefore be approved by resol~an of the City C~u~il after a public headng by the Community Development Advisory Commission;.. and Whereas, the City advertised a public comment peded beginning October 28, 1998; and Whereas, the Commun~ Deveiopmem 'Advisory Commission reviewed the proposed amendments at a public hearing on December 1;1998,' : and has. voted to approve* said:''' amendment and' to recommend - approval by the City Council ~ -~ NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL' OF THE CITY OF DUBUQUE, IOWA: -: Section 1. That the amendment to the Fiscal Year 1998 Annual Action Plan far the Community Development Block Grant Program attached heratto. as Exhibit A is hereby approved. -.c~¢~ Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the = U.S. Department of Housing and Urban ' Development. Passed, approved and adopted this 7th day of December. 1998. ' Torrance M. Duggan, Mayor Mary'A. Davis. City Clerk Reqular Session, Dec~be~ 7i 1998 447 Voatberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 557-98 RESOLUTION APPROVING AN AMENDMENT TO THE 1999 ANNUAL ACTION PLAN BY INCORPORATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 98 (JULY 1, 1997 THROUGH JUNE 30, 1998) INTO FISCAL YEAR 99 (JULY 1, 1998 THROUGH JUNE 30, 1999) Whereas, the City of Dubuque prepared and flied an Annual Action Plan for Fiscal Years 1998 and 1999; and Whereas, the City of Dubuque now desires to amend said Annual Plans as per the attached Exhibit A; and Whereas, said amendment is a substenfial amendment as provided iq the City's Citizen Pa~cipa§on Plan and must [herefore be approved by resolution of the City Council after a public headng by the Community Developmem Advisory Commission; and Whereas, the Cb adver~sed a public comment period beginning October 28, 1998; and Whereas, the Community DeveJapment Advisory Commission re~ewed the proposed amendment at a public hearing on December 1, 1998, and has voted to approve said amendment and to recommenc approval by the City Council. NOW, THEREFORE. BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec'~on 1. That the Annual Acfion Plans for Fiscal Years 1998 and 1999 are hereby rescinded and the balance of funds from these plans - are incorporated into an amendment to the 1999 Annual Action Plan hereto attached as Exhibit A. Section 2. That the Community Development Block Grant Fiscal Year 1999 Annual Action Plan Amendment 1 hereto attached as Exhibit A is hereby approved. . Section 3. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the- U.S. Department of Housing and Urban Development Passed. approved and adopted this 7th day of December, 1998. Torrance M. Duggan, Mayor Attes~ Mary A; Davis, City Clerk Voetherg moved adoption of the Resolution. Seconded by Nicholson. Motion carried 70. City of Asbury advising of voluntary annexation of property lying west of the City of Asbury (easterly po~on of the Saippel Road Extension), presented and read. Voetberg moved that the communica~Jon be received and ~ed. Seconded by Nichcisca. Mo'don carded 7-0. - RESOLUTION NO. 558-98 NOW, THEREFORE, BE IT ~:ESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Kwik Stop Food Mad Rainbo Oil Co Loras& Central Ave Kwik Sto~: Food Mart _ Rainbo Oil co. 1685 JFK Rd Passed, approved and adopted this 7th day of December, 1998: Terrence M. Duggan, Mayor Attest Mary A; Davis, City Clerk Voetberg moved adop~on of the Resolution. Seconded by Nicholson. Motion carded 7-0. - RESOLUTION NC. 559-98 Whereas, app[ica~ons for Beer Perm~ have been submitted and flied to this Counci~ for approval and-the same have been examined and apprevea; and . -- Whereas, the premises m be occupied by such applicants were inspected and found To comply with the Ordinances of this City and have filed proper bonds. NOW,-~.THEREFORE,- BE ~' IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF DUBUQUE, IOWA;. That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS 'C" BEER PERMiT Iowa Oil Cam IOCO Speede Shoppe #17 +(Sunday Sale) .' ~ ;. 2150 Twin Valley Dr Rainbo Oil Cam Kwik Stop Food Mart +(SundaySale) - - 1685 JFK Rd Rainbo O2 Cam Kwik Stop Food MaN +(Sunday Sale) . 4039 Pennsylvania'Ave Passed, approved and adopted this 7th day December, 1998._~. ~ ' .' Torrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk 448 Regular Session, December 7, 1998 Voetberg moved adoption of the Resolution Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 560-98 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and me 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 ali Cb Ordinances relevant thereto and they have filed proper bonds· NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C"(COMMERCIAL) BEER/LIQUOR LICENSE Pamela Barry Arensderf Instant Reolay+(Sunday Sale) 1602 Central Ave +(Sunday Sale) T & M. Inc. +(Sunday Salel Design Center, +(Sunday Sale) 1413 Rockdale Rd Mado's italian Rest. 1298 Main St Julien Inn 200 Main St IDJ Hoollgan's Sporls Bar & Griil+(Sunday Sale) Plaza 20 Shopping Ctr Billy Buck's Inc Billy Bucks East Street Tap+(Sunday Sale) 521 E 22no St Passed, approved and adopted this 7th day of December, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetbarg move¢ adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0 .... ' -. Buo moved that the rules were suspended to allow anyone present to address the Council if they so desire." Seconded by Robbins. Motion carried Proof of publication~ ced~ed to by the Publisher on Notice of Public Hearing to consider reclassifying proper~ from AG to PUD District with a Planned District Designation" and adopting a Conceptual Development Plan, with conditions for the Alpine Heights Mobile Home Park: Objections reclassification received from Harry J. & Mary E. Aithaus, ;John Lanser & Jean Mastin, Lawrence & Katherine Ludwig, Julle Pirc-Anstoetter, Ronald, Frank & I Al Pothcff Dennis Rath Ken &Angie Botsford. Dick & Julie Doerr, Jeff Jochum, Larry & Nancy Kohnen, Dan & Shidey Lanners, Donna McCann, Jim McCann. Joseph & Sherri Vogt, Sister Dolores Made McHugh BVM, Pres. of the Sister of Charity, 3am/ & Connie Bromberg, Flexsteel lndustdes advising of neither support or opposition to rezonmg request, however expressing concerns regarding ~effic flow and related traffic issues and potential impact on storm water drainage on their property and adjoining properties and Planning Services Manager advising - written objections exceed 20% and therefore 3/4 vote from Council is heeded for adoption, Lawrence and Kefhedne Ludwig advising of their withdrawal of objections to rezomng and City Planner advising this withdrawal now makes opposition total 16.05% of the area within 200 ft.. therefore a simple majority vote needed for Daesage, presented and read. Robbins moved that the proof, petitions, and communications be received and filed. _: Seconded by Buol. Motion carded 7-0. Ed Tschiggfde, de,~eloper of the property, spoke of his proposed developmenT. JeffStiles oftheZoning Adv. Comm. s[raesed that sidewalks are to be involved for the entire. development Atly. Steve Juergens, represenfing 24 property owners,- spoke objecting to the proposed development. Rita Bfimeyer spoke of _ flood water concerns. Jeff Jochum spoke of concerns with access'of- roads. Dick Doerr spoke objecting to access, to the development as proposed, especially traffic concerns for Aerostar Dr. - Janaan Refh of ~: Kennedy Ct., spoke objecting because of traffic concerns on Aerostar? Dick White spoke objecting because of too _: much additional traffic in this area. - Harry Althaus spoke opposing the development because ~of · potential-C trespassing and-vandalism problems< and other concerns. Jeff Plllard spoke objecting to Aerostar as the accass.,,' Andy Frommelt. owner of the property, spoke giving the background of this r: properly and urged the Council to approve this development. - _- Ed_ Crawford, as an Operating Engineering Reerasentative, spoke · stating that mobile homes make nice retirement :~ homes. Ron Licht spoke of traffic concerns on Aerostar Dr. Dave Elliott spoke in agreement with neighbors' chico'dons because of traffic concerns. Reqular Session+ December 7'i 1998 449 Joe Vogt spoke of safety concerns for children. An Ordinance Amending Zoning Map by reclassifying pmperb/ located East of Highway 52 and Southeast of Highway 386 from AG Agricultural District to PUD Planned Unit Development District with a Planned District designation and adopting a Conceptual Development Plan, with conditions for the Alpine Heights Mobile Home Park, said Ordinance was presented at the meeting of 11-6-98 with no readings given, now presented for further action. Michalski moved to .amend the Ordinance as follows: Section 2F. Performance Standards - Sub 5 - The inital access to Alpine Heights Mobile Home Park shall be from Peru Road at the northeast corner of the property and sai¢ access shall be built az a minimum to C~ standards for private streets; in addition, access to Aerostar Drive shall be restricted to an emergency access only, with said access ~:o be gated atthe east proper~y tine of Alpine Heights Mobile Home Park, if Aerostar Drive is extended. Seconded by Nichdison. Motion carried (OFFICIAL PUBLICATION) ORDINANCE NO. 72-98 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED EAST OF HIGHWAY 52 AND SOUTHEAST OF - HIGHWAY 386 FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, W1TH CONDITIONS FOR THE ALPINE HEIGHTS MOBILE HOME PARK. NOW, THEREFORE, BE. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances rs hereby amended by rectassifl/ing the hereinafter described property from AG Agricultural District to PUD Planned Unit Development District with a Planned Residential Dietrict designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions, for the Alpine Heights [ v~bile Home Park as stated be ow, to Lot 2-3-W Y~-NE-Sec. 11, T89N, R2E, NE-NE-Sec. 11, T89N, R2E, Lot 3-SE-NE-Sec. 11, T89N, R2E, Lot 2-NE-SE-Sec. 11, T89N, R2E, Lot 3-3-W Y~-NE-Sec. 11, T89N, R2E and to the center line of the adjoining public right-of-way, and to the center IJne of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (1993}, and as an express condito~ of the reclassification, the undersigned properly owner(s) agree(s) to the fellowing conditions, ali of which the properly owner(s} further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly ny the zoning reclassification: A. Use Reaulations The following regulstioes shall app,, to all uses made of land in the above described PUD District 1) Principal permitted uses shall be limited to mobile home park as parroted by Section 3-5.5(C) of the Zoning Ordinance of the City of Dubuque, towa. 2) Accessory uses shall be limited to any use cuetomafily incidental and subordinste to the pnncipal use it serves. 3) No con~ngency uses wiil be allowed. B. Lot and Bulk Regulations. The bulk regblations in this particular Planned Unit Development District shall be as follows: Minimum Lot Area: ~,0-00 squ-~re feet Minimum Lot Frontage: 50 feet Maximum Lot Coverage as a Percent of Lot Area: 50% _ Minimum Front Yard Setback in Feet: 8 feet Minimum Side Yard Setback in Feet 6 Minimum Rear Yard Setback in Feet 8 feet Maximum Building Height in Feet: 30 feet - . . C. Parking Requirements The fdilowing regdiatio.ns shall apply to all parking areas m the above described PR Planned Residential 1) The off-strest parking requirements for the principal permitted use shall be [wo (2) spaces/dwelling unit 2) No on-etreet parking will be 4 50 Regular Session, December 7, 1998 permitted in this PR District The proper~y owner shall install signs to this effect along the street in this PR Distdct D. Sions The sign regulations in this particular Planned Unit Development District shall be the same as that which is allowec in the R-4 Mult~Famlly Residential District as established in Section 4-3.11 Schedule of Sign Regulations of the Zoning Qrdinance of the City of Dubuque, iowa. E. Site Development Standards The site development standards for this Planned Unit Development Distdct shall be as follows: 1) Prior to any development' a final site development plan shall be submitted n accordance with Section 4-4 of the Zoning Ordinance of the C'r[y of Dubuque, owe. 2) All private streets shall be bui~ to a 27-foot width with curb and guttar and a 40-foot right-of-way. Minimum cul- de-sac radius shall be 37.5 feet 3) Ail outside rubbish, storage and garbage cellecfion areas shall be eermanen+Jy screened from view to a height of ar *east s~x (6) feet, as set for[h in Section 4-4.6(3) of the Zoning Ordinance of the City of Dubuque, towa 4) Adequate illumination shall be provided To streets, sidewalks, and all areas for vehicular and pedestrian circulation, and shell be directed so as not To interfere with the use and enjoyment of adjacent properties. 5) Landscaelng shall be installed as set forth in Secfion 4-5.3 of the Zoning Ordinance of the C~ of Dubuque, iowa. F. Perf~3rmenc~e Standard8. The develcament and maintenance of uses in this P[armed Unit Development District shall be established in conformance with Sedan 3-5.5E of the~ Zoning Ordinance and the following standards: 1) Occupancy will be limited to 115-, dwelling units until access To Iowa Highway 366 is constructed. 2) The access to tswa Highway 386 shall be built and open to traffic no later than 5 years after approval of this ordinance 3) The developer shall secure the performance of the foregoing conditions by aroviding a bond,' in an amount adequate for construction of the access to iowa Highway 386 and 'the internal streets system. The developer shall provide the bond within 180 days after approval of this ordinance. 4) Sidewalks shall be provided along both sides of the internal street system. 5) The in,el access to Alpine Heights Mobile Home Park shall be fram Peru Rood atthe northeast corner of the propers,, and said access shall be built at a minimum to City standards for private streets; in addifion, access to Aerostar Drive shall be restricted to an emergency access on~y, with said access to be gated at the east property line of Alpine Heights Mobile Home Park, if Aerostar Ddve is extended. 6} A storm shelter shall be constructed to sufficient size to accommodate all the residents of the development. Unfil occupancy in excess of 115 units is authorized, the storm shelter may be of sufficient size to accommodate ably residents of 115 units. G. Transfer of Ownemhth Transfer of-ownership or lease of property in this Planned ' Unit~ Development District shall include n the transfer or lease agreement a pro.sion that the purchaser or leesee acknowiedgss awareness of the conditions authorizing the establishment of the district_ H. Open Space and Recreafionel-' Areas Those areas ' designated on the conceptual development plan as "Open Area" shall .be maintained as open space, as defined by Section 8 of the Zoning Ordinance of the City of_ Dubuque, iowa and shall be ~anted with - appropriate coniferous or deciduous trees. ~ ' ' Section 3. A final site development plan shall be approved by the City Planner if found tc be in conformance with the conceptual development plan. If found to be in conformance with the said plan, the issuance of beilding permits shall be ~permittad. Following approval of a site development p an, no construction may take place, except in substan~el conformance with such- ~assed, aeoroved and adopted this 7th day of December, 1998. Terranes M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE ~' NO. 72-98 '- ~- - I, Andrew G. =rommel[. President and Secretary of Frommelt Hasler, inc., property owner, having read the terms'- aha conditions of the foregoing Ordinance No. 72-98 and being familiar with the conditions thereof, hereby Reqular Session~ December 7+ 1998 451 accept the same and agree to the cond~ons required therein. Dated this 7th day of December, 1998. FROMMELT HASLER, INC, By/s/Andrew G. Frommeit President and Secretary Published officially in the Telegraph Herald newspaper this 17th day of December, 1998. Mary A. Davis CMC, City Clerk It 12J17 Robbins moved that the requirement that a proposed Ordinance be considered and voted on for oassags at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by BuoL Motion carried 7-0. Robbins moved final consideration and passage of the Ordinance, as amended. Seconded by Buot. Motion carded 7-0. Council recessed at 9:59 p.m.; Council reconvened at 10:07 p.m. Proof of publication certified to by the Publisher on Notice of Public Headng to reclassify property at 1670 Asbury Road from OS an~ R-I to C-2 District, presented and read. Buol moved that the communicafion be received and filed_ Seconded by Nichoison. Motion carried 7-0. Bob Leytem spoke requesting reclassification. An Ordinance Amending Zoning Map by reclassKying property located at 1670 Asbury Road from OR Office Residential Diatric[ and R-~ Single- Family Residenfia' District to C-2 Neighborhood Shopping Center District, with first and second readings given on 11-16-98, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 73-98 AN ORDINANCE AMENDING APPENDIX A {THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED 1670 ASBURY ROAD FROI~ OR OFFICE RESIDENTIAL DISTRICT AND R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That Appendix A (the Zoning Ordinance} of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from OR Office Residential District and R-1 Single-Family Residential District to C- 2 Neighborhood Shopping Center District, to wit: South 60 fee[ of _ct 5. Finley Addition, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, iowa. Section 3. This ordinance shall take effect immediataly upon publication, as provided by law. Passed, approved and adopted this 7th day of December, 1998. Torrance M. Duggan, Mayor Attest:. Mary A. Davis, C~ Clerk Published officially in the Telegraph Herald newspaper this. It 12/ Mary A. Davis CMC, City Clerk Buol maved final consideration and passage ef the Ordinance. Seconded by Nicheison. Motion carried 7-0. . Proof of publication certified to by the Publisher on Notice of Public Hearing to reclass~ property at comer of Key West Dr. and Maquekata Dr. from PR to C-2 District, presented and read. Michaiski moved that the proof be received and flied. Seconded by Markham. Motion carried 7-0. Jim Kaune representing Table Mound Mobile Home Park spoke requesting the re. zoning. An Ordnance Amending Zoning Map by reclassifying property located at the Southwest comer of Key West Drive and Maquoksta Drive from PR Planned - Residential District to C-2 Neighborhood Shopping Center District, with first & second readings given 11~16-98, now .presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 74-98 AN ORDINANCE AMENDING APPENDIX A {THE ZONING ORDINANCE) OF THE CiTY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED 452 Regular Session, December 7, 1998 AT THE SOUTHWEST CORNER OF KEY WEST DRIVE AND MAQUOKETA DRIVE fro~/ Pr PLANNED RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances s hereby amended by reclassifying the hereinafter described prege~ from PR Planned Residentia District To C-2 Neighborhood Shopping Center District, to wit Lot lA of Annie Waller's Subdivision No. 2 and all that part of Lot 2 of I of of 1 of 1 of 1 of I of 1 of Annie Walier's Subdivision No.-2 in the City of Dubuque, Iowa ~ying southerly of a line 69 feet normally distant southerly from ano parallel to the southerly line of Lot 1 of'~ ofl. ofloflofl of 1 oflof Annie Wallet's Subdivision No. 2 and lying eastedy of a line 125 feet normally distant easterly from and parallel to the centedine of La Matte Street ane lying northerly of a line 100 feet normally distant northerly from and paralie to the centerline of Kremer Park Ddve, sai¢ La Matte Street and Krame- Park Drive as now located in Table Mound Mobile Home Park, and to the center line of the adjoining public right-of-way, all in the City of Dub. uque Iowa. Section 2 The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, lows. Section 3. This ordinanceshalltake effect immediately upon publication, as provided by law. Passed, approved and adopted this 7th day of December. 1998. Terrence M. Duggan, Mayor At~est: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 11th day of December 1998. Mary A. Davis CMC, C~ Cler~k It 12/11 Michalski moved final consideretior, and passage of the Ordinance Seconded by Markham. Motion carried 7-9 Proof of publication cert~ied to by the Publisher on Notice of Public Headng to reclassify property at 2162 Rockdale Rd. from AG to R-1 District,' presented and read. Robbins movec that the proof be received and filed Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Zoning Map by recless;fying proper~y located at 2162 Rockdale Road from AG Agriculture1 D~strict to R-1 Single- Family Residential District, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 75-98 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2162 ROCKDALE ROAD FROM AG AGRICULTURAL DISTRICT TO R- I SINGLE-FAMILY 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 AG Agricultural District to R-1 Single- Family Residential District, to wit: Lot 1 of 1, Lot 2 of Lot 1 of Mineral Lot 482, and to the center line of the adjoining public right-of-way, all in the City of Dubuoue, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City o~ Dubuque, Iowa. Secti~ 3. This ordinance shall ~ke effect immediatay upon publication, as" provided by law. ;~. Passed, approved and adopted this 7th day of December, 1998. Terrance M. Duggan, Mayor Attest Mary A. Davis, C~ Clerk Published officially in the Telegraph Herald n&wspaper .this 11th . day of December:, 1998.. ~ ~ ,-.~.~ It 12J'11Mary A. Davis CMC, City Clark Robbins moved final consderatlon and passage of- the Ordinance:.."i Seconded by Nicholson. '_7.Motidd; carded 7-0. .. : Probf ef publication certified to the Publisher on Notice of' Public Heating to receive public input on. spending of FY'97 and. FY'98 Block Granl Funds for Law Enforcement Center, presented and read. No public Reqular Session, December 7i 1998 453 input was received. Buol moved that the proof be received and tiled. Seconded by Voetberg. Motion carded Proof of publication certified to by the Publisher on Notice of Public Headng to vacate portions of storm sewer easement in Sunset Park Seventh Addition and City Manager recommending to approve Release of Easement, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried RESOLUTION NO. 561-9~ Whereas, pursuant to resolution and published notice of time ane piaca of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 27th day of November, 1998 the City Council of the City of Dubuque, Iowa met on the 7th day of December, 1998 at 7:00 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the release of real estate described as: A 4 foot by 35 foot storm sewer easement on Lots 14 and 15 of Sunset Park Seventh Addition in the City of Dubuque, Iowa, as shown on the attached Exhibit A Whereas, the City Council of the City of Dubuque, Iowa overruled any and ali objections, oral or Written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of ~he City of Dubuque, Dubuque County, Iowa in real property deecdbed as a 4 foot by 35 foot storm sewer easement on Lots 14 and 15 of Sunset Park Seventh Addition in the City of Dubuque, Iowa, be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be authorized and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Cad J. Burbacn, upon receipt of the above fees Section 3. That the City Clerk be and is hereby authorized and directed to record ~ certified copy of this rasolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed approved and adopted this 7th day of December 1998. Terranca M. Duggan, Mayor Attest: MaryA. Davis CityClerk Buai moved adoption of the rasai~on. Seconded by Michaiski. Motion carried 7-0. ' Proofs of publication certified to by the Publisher on Notice of Public Hearing to consider disposing of City's interest of former IDOT property, par~ of West First Street and the alley behveen Main Street and Freeway - Bishop Block and City Manager recommending to proceed with disposal of property, presented and read. Voetberg moved that the proofs and communication be received and tiled. Seconded by Markham. Motion carded 7-0. An Ordinance Vacating the "A' Part of West First Street and an Alley East of Main Street from Locust Street Connector to West First Street, presented and reeo. (OFFICIAL PUBLICATION) ORDINANCE NO. 76-98 ORDINANCE VACATING A PART OF WEST FIRST STREET AND AN ALLEY EAST OF MAIN STREET FROM LOCUST STREET CONNECTOR TO WEST FIRST STREET Whereas, .the City of Dubuque has requested the vaca~ng of a par~ of West First Street and an alley east of Mair Street from Locust Street Connector to West First Street Whereas,- [IW Englneem ' -and Surveyors P.C. have prepared and subm~ed to the City Council a plat showing the vacated portion of a part of West First Street and an alley east of Main Street frorr Locust Street' Connector to West First Street and assigned lct numbers theretc, which hereinafter shall be known and described as Lots 1.~ 1C, and 3A of Block 1 of Dubuque Harbor Company AddiSon in the City of Dubuque, Dubuque County, Iowa; and-" Whereas, the C~ Council of the City'" of Dubuque, Iowa has determined that this part of West First Street and an alley east of Main Street from Locust Street Cennemor to West First Street is no 'longer required for public use, except for ufll~ easements as noted, and vacating of said poffdone of alleys and streets known as Lots lA, 1C, and 3A of Block I of Dubuque Harbor 454 Regular Session, December 7, 1998 Company Addition 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, 1C, and 3A of Block 1 of Dubuque Harbor Company Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itseff a perpetual easement including the fight of ingress and egress thereto, for the purpose of erecting, installing, construc~ng, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable, and elestdc lines as may be authorized by the City of Dubuque, iowa. Passed. approved and adopted this 7th day of December. 1998 Terranca M. Duggan, Mayor Attest: Maw.A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 11th day of December, 1998. It 12/11Mary A. Davis CMC, City Clerk Voetberg ' moved- that the requirement that a proposed Ordinance be considered and voted on. for passage at two Council Meetings prior '_ to the meeting at which it is to be finally passed be suspended. Seconded by Markham. Motion carried 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-9. RESOLUTION NO. 562-98 Whereas, pursuant to resolution and published nol]ce of time and place of hearing, published in the Telegraph Herald, - a newspaper - of genera[ circulafion published in the C~ of Dubuque, Iowa on 27th day of November, 1998, the City Council of me City of Dubuque, Iowa met on the 7th day of December, 1998 at 7:00 P.m. in the Public Library Auditorium _ 11th and Locust, Dubuque. Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lets lA. lB and 1C of Block 1 of Dubuque Harbor Company Add,on in the OH of Dubuque, Iowa Whereas. the City Council of the City ..'; of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE BE . FF RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1 That the ee[e of City of Dubuque 'eal property dsscfibed as Lots lA. lB and lC of Block 1 of Dubuque Harbor Company Addition in the City of Dubuque, iowa to Bishops Block Limited Partnership be and the same is hereby approved upon the payment of $1,500.00 plus the cost of publication, platting, filing fees and upon the granting of parking, access and utility easements across Lots lA and 1C of Block i of Dubuque Harbor Company Addition in the City of Dubuque, Iowa, to Robert and Jane Mehd and David and Linde Herbst and their successors and ' assigns. Conveyance shall be by Quit Clelrr Deed. Section 2. That the Mayor be authorized and directed to exeeu~e a Quit Claim Deed and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Bishops Block Umited Partnership upon receipt of the specified consideration. Section 3. That the cr[Y Clerk be and is hereby authorized and directed to record a certified copy of this resa[ufion in the office of the City Assessor, Dubuque County Recorder. and Dubuque County Auditor. Passed, approved and adopted this 7th day of December, 1998. -"- Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Rssa[ution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 563-98 - Whereas. pursuant to resolution and eublished notice of time and place of hearing published in the Telegraph Herald, - a - newspaper of. general ~. circdlation published' in' the City.~.-of :' Dubuque, Iowa on 27th day ' of.~... November, 1998, the City Council of the City of Dubuque, iowa met on the; 7th day of December, 19~8 ~t.7:00. p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lots 3A and 3B of Block I of Dubuque Harbor Company Addition in: the City of Dubuque, Iowa. :-: - - Whereas, the C~ Council of the City of Dubuque, owe overruled any and Ell objections, oral or- written to the propeea[ th sell such real estate, except for easement as noted. Reqular Session~ December 7~ 1998 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the seie of City of Dubuque real properly described as Lots 3A and 3B of Block 1 of Dubuque Harbor Company Addition in the City of Dubuque, Iowa to Robert Mehd and Jane Mehd be and the same is hereby approved upon the transfer of all rights (except access and u~lit~ easements) in Lot lA of Block 1 of Dubuque Harbor Company Addition in the City of Dubuque, Iowa to Bishop's Block Limited Partnership. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Robert Mehd and Jane Mehri upon receipt of the specified consideration. Section 3. That the City Clerk be and is hereby authorized and directed to record a cart~ed copy of this reeeiution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of Desamber' 1998. Terranca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. Proofs ~f Publication certified to by the Publisher on Notice of Hsanng on Plans & Specs. and Nofica to Bidders on the Receipt of Bids for Construction of Bunker Hill Geif Course Wastewater Pump Station and Force Main and City Manager recommending to award contract for bids, presented and read. Voetberg moved that the proofs and communication be received and tiled. Seconded by Robbins. Motion carried RESOLUTION 564-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 2nd day of November, t998, plan-., specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque Iowa for the CONSTRUCTION OF THE BUNKER HILL GOLF COURSE WASTEWATER PUMP STATION AND FORCE MAIN. WHEREAS, notice of hearing on plans, specifications, form of contract and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 7th day of December, 1998. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 565-98 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the CONSTRUCTION OF THE BUNKER HILL GOLF COURSE WASTEWATER PUMP STATION AND FORCE MAIN, pursuant to Rssdiufion No. 495-98, and no~ce to bidders publisbed in a newspaper published in the City of Dubuque, Iowa, on the 6th day of November, 1998. WHEREAS, said sealed propcaais were opened and read on the 24th day of November, 1998, and it has been determined that the bid of ACE GENERAL CONSTRUCTION CORPORATION, in the amount of $32.250 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 ACE GENERAL -CONSTRUCTION CORPORATION, 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 7th day of December, 1998. Terranca M. Duggan, Mayor Attest: Mapj A. Davis, City Clerk Voetberg moved adoption of the Reseiutior,. Seconde~ by Robbins. 456 Regular Session, December 7, 1998 Motion carried 7-0. Proofs of publication certified to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of South Fork [ntemeptor Sewer Extension Phase Ill, and City Manager recommending to award contract for bids. presented and read. Buo[ moved that the proofs and communication be received and tiled. Seconded by Nicholson. t, lotion carried 7-G. RESOLUTION NO. 566-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas. on the 28th day of October, 1995, plans, specifications, form of contract and estimated cost were flied with the City Clerk of Dubuque, Iowa for the South Fork - Interceptor Sewer Extension - Phase' Whereas notice of headng on plans, specificetions, form of contract, and e~mated cost was published as required Dy 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 e~mated cost are,:- ~ereby approved as the plans, specifications, form of contract and ' estimated cost for said improvements for saic project Passed, aoapted and approved this 7th day of December, 1998. Terrence M. Duggan, Mayor Attest: Mary A. Davis. City Clerk Buol reaved adoption of the' resolution. Seconded by Nicholecn. for in the plans and specifications. NOW THEREFORE, BE IT I RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the con[ract for the above improvemen[ De awarded to Stewart Construction Company, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the . .compete 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 7th day of December. 1998. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoetion - of the resolution. Seconded by Nicholson. Mo'don carried 7-0. Proofs of publication certified to by the Publisher on Notice of Headng Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Dubuque Greyhound Park & Casino Parking Lot and. City Manager recommending to award contract for bids,-presented and read. Robbins movec that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 568-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 28th day of October, 1998, plans, specifications, Motion carried 7-0. form of contract and estimated cost '"-' "' were, filed with the City.~Clerk-jof.:~. RESOLUTION NO. 567-98 ~- .... -" ? Dubu~lue, Iowa for. the,-Dubuque AWARDING CONTRACT -'- Greyhound Park and ~as]no - Parking Whereas, sealed proposals h~ve ''~ Lot. ~ ..... been subm~ed by contractors for'the :' W~reas, notice of hearing on plans, Southfork Interceptor Sewer Extession'''~: specifications, form of contract, and - Phase Ill pursuant to Resolution No.,' 498-98 and notice to bidders published e~mated cost .was published as n a new~paper published in the City of required by law. -- Dubuque, iowa on the 6th day of ~ovembe[ 1998. Whereas, said sealed proposals were opened and read on the25th day of November, 1998 and it has been''r determined that the bid of Stewar[ Construction Company, Inc. of East Dubuque, Illinois, 'in the amount of $689.877.55 was the lowest bid for the furnishings of all labor and materials anc performing the work as provided NOW THEREFORE:' BE:- 1T RESOLVED BY THE CITY COUNCIL, OF THE CITY OF DUBUQUE, IOWA: That the said plans, specitications,~ form of contract and estimated cest are hereby approved as the plans, specifications, form"of_contrect and' estimated cosl for said improvemenm for said project. ". Passed, adored and approved this Fth day of December, 1998. Regular SessiOn, D~e~be~ 7; 1998 457 Terranee M. Duggan, Mayor Attest. Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 569-98 AWARDING CONTRACT Whereas, sealed proposals have been subm~ed by contractors for the Dubuque Greyhound Park and Casino - Parking Lot pursuant to Resolution No. 492-98 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 6th day of November, 1998. Whereas, said sealed 9repoeeis were opened and read on the 24th day of November, 1998 and it has been determined that the bid of Westphai and Company, Inc. of Dubuque, Iowa in the amount of $192,994.00 was the Iowes~ bid for the furnishings of all labor and msteriais and performing the work as provided for in ne plans and specifications. NOW THEREFORE. BE FF RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the contract for the above improvement be awarded to Westphal and Company, Inc. and the Manager be and is hereby directed to execute a contract or behalf of the City of Dubuque for the complete performance ofthework. BE IT FURTHER RESOLVED: That upon the signing of said contract and the apprevai of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsucceesful bidders. Passed, approved and adopted this 7th day of December, 1998. Torrance M. Duggan, Ma,,or At[est Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicheison. Motion carried 7-0. Proofs of publication eer~tied to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Reconstruction of First Street and Locus~ Street Intersection and City Manager recommending to award contract for bids, presented and read. Voetberg moved that the proofs and communication be received and filed. Seconded byMarkham. Motion carried 7q3. RESOLUTION NO. 570-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the llth day of November, 1998, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Reconstruction of First Street and Locust Street Intersection. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the said plans, spedfications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 7th day of December, 1998. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 571-98 AWARDING CONTRACT Whereas, sealed proposals have been submitled by contractors for the Reconstruction of First Street and Locust Street Intersection pursuant to Resolution No. 541-98 and notice to bidders published in a newspaper published in the City of Dubuque, owa on the 20th day of October, 1998. Whereas, said sealed Dropesai~ were opened and read ~n the 25th day of November, 1998 and it has been determined that the bid of Horsfield Construction Company, Inc. of Epwoff. h, Iowa in the amount of $48,628.40 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plane 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 Horsfield Construction Company, 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 Fi" FURTHER RESOLVED: That upon the signing of said 458 Regular Session, December 7, 1998 contract and the approval of the contractor's band, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed. approved and adopted this 7th day cf December, 1998. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voatberg moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Proofs of publication ced~ed to by the Publisher on Notice of Hearing or Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Vacuum Filter Building at Eagle Point Water Plant and City Manager recommending to award contract for bids. presented anc reae. Robbins moved that the proofs - and- communication be received an¢ t~led. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 572-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas on the 20th day of November, 1998 plans, spect~cations, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the constra~en of a 400 sq. ft. room located to the Vacuum Filler Building located at the Eagle Point Water Plant, 1902 Hawthorne St., .- Dubuque, Iowa. Whereas, notice of hearing en Plan§, specifications form of contram and e~mated cost was published ~ as required by law. NOW - THEREFORE. BE - IT RESOLVED BY THE CiTY COUNCIL OF THE CITY QF DUBUQUE, IOWA: Section 1. The said plans, specificafions, form of contract and estimated cost are hereby appro~,ed as the- ;lans, specifications, form of contract anc eatJrnated cost for said improvements for said project Passed. approved and adopted this 7th day of December, 1998. ~; ' Torrance M. Duggan, Mayor Attest: Ma~' A: Davis, City Clerk Robbins moved adoption of the resolution. ' Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 573-98 AWARD OF CONTRACT Authorizing the City Manager"fo execute a contract with Renaissance of Dubuque Corporation for the construction of a new Vacuum Filler Plant Electrical Room. Whereas. the new Vacuum Filter Plant Electrical Room Project has been budgeted and Whereas. Renaissance of Dubuque Corporation of Dubuque, Iowa has submitted to the City an Agreement to conduct construction se~c~s of this improvement in the amount of $46,175.00 dollars. Whereas, Funds have been legatly appropriated for this expenditure. Now therefore, be it resolved by the City Council of the Cfty of Dubuque, Iowa. Section 1. That the City Manager be authorized to execute the. Agreement for construction se~ces with Renaissance of Dubuque Corporation of Dubuque, Iowa dated December 1, 1998 for the construction of a new Vacuum Filler Plant Electrical Room. Passed, approved and adopted this 7th day of December, 1998. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seccnded by Nicholsea. Motion carried 7-0. _ · I Hearing(s) on ~lvil 'F;naltiss for Tobacco Licensees - Providing for the assessment of $300.00 for each business - Cue Master at 900 Central Ave., Denny's Lux Club at 3050 Asbury Rd., Eagle Food Centers at 300 S. Locust, Har[ig Drug at 700 Town Clock Plaza, Hy-Vee Food Store at 3500 Dodge St, K-Mart at 2600 Dodge St, King of Clubs at 1902 Central Ave., Milk House at 620 S. Grandview Ave., and Pop's Gas at 1685 JFK Road.._ Pop's Gas submitted a Resistance and Plee of Not Guiity. Barbara Field ~ representing Hartig Drug Co. also- spoke. Voetberg moved that the-; assessments be approved and that the communication be received and filed. - Seconded by Nicholsan. Motion carried 7-0. mllting pefition containing 42 plus 1006 signatures objecting to the proposed. ~ auto reaair and salvage business at ' 1105 Julien Dubuque D~e and ~ formally appealing the interpretation the PI District ordinance requiring 'the.-.> screening of outdoor storage materials _... and equipment and aisc eskthg for a reinterpretation'of the Dubuque ~ Code, Section 29-6 requiring screemng of salvage operations; Gerda Preston Hat, man objecting zo salvage yard in Reqular Session, DeC~be~?, 1998 459 area of Julian Dubuque Monument, as proposed by Mr. Kunde, being of opinion the location would be detrimental to the landscape and environment; Mole Oil Company opposing sa,'vaga yard at located proposed by Mr. Kunde; Carla Crehan submitting comments regarding Roger's Auto Salvage Yard Locafion; Lois Lampe endorsing location area for the salvage yard; City Manager submitting additional informa'~on on status of Auto Salvage Yard; Petiiton containing approx. 700 signatures supporting the relocation with no reservations of Roger's Auto Salvage to 1105 Julien Dubuque Dr.,a dead-end road, presented and read. Buol moved that the patens and communications be received and filed Seconded by Nicholson. Motion carded 7-0. Regina Thibeau and Sr. Dolores Marie McHugh spoke objecting to present plans, requesting that the pmpoeed project be put in an enclosed building. Roger Kuede spoke elarf~ng specifics of his project. Buol moved that they direct Staff in the screening plan for this indMdual prem~see to conclude that an enclosed building is necessary to eliminate the visual impact of the junk yard contents etc. However much of this area is to be used for salvage operations, storage of wrecked cars or whatever, that is to be screened. If it has to be screened, it has to be screened ay an enclosed building. Seconded by Nicholson. Motion carded 7-0. Direction on the process for appointment to Cffy Enterpdee Zone Commission (one (1) representative of an interna~onal labor organization, one (1) reprssentatJve of the City Council - one (1) member of the City's Long :~ange Planning Commission (Terms to be one, [we or three years.) and Corporation Counsel submitting opinion regarding appointment of City Employee to Enterprise Zone Commission, presented an~ read. Nichoison moved that this matter be referred to the Corporation Counsel to prepare an Ordinance exempting the City Manager and Assistant C~ Manager as appointees [o a Commission. Seconded by Micha~ski. Motion carried 7-0. City Manager submitting Ordinance providing for diagonal parking on 4th & 5th Streets, and an Ordinance Adopting a New Section 32-271 in lieu thereof relating to backing for the purposes of parking in the Business Disttic~, presented and read. Voetberg moved that this matter be tabled. Seconded by Michalski. Me,on carried 7-0. City Manager recommending approval for Dubuque Amedcan Legion to construct a canopy on Delhi St., presented and read. Veatberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0 An Ordinance Authorizing Dubuque American Legion to construct a fabric canopy at 1309 Delhi St., presented and read. (OFFICIAL PUBUCATION) ORDINANCE NO. 77-98 AN ORDINANCE AUTHORIZING DAL BUILDING CORPORATION TO CONSTRUCT FABPJC CANOPY AWNING NOW THEREFORE. BE [T ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That DAL Building Corporation as the owner of the premises known as 1306 Delhi Street, Dubuque, Iowa, be and they are hereby granted the revocable permit and authority to construct and maintair a fabric canopy awning under the terms and conditions set for[h in this Ordinance. Section 2; That such constructio~ shall be done in accordance with plans heretofore submitted by permtitses and approved by the C~' Manager, under the supervision and direc~on of the Cfty Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liabitffy for damages to eersoss or ~rsper~ which may result from the existence, location= installation, construction or maintenance of said fabric canopy awning; and b. Procure and maintain in force during the mrm of this permit a policy of liability insurance as set forth in the attached insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed 460 Regular Session, December 7, 1998 upon the City of Dubuque for damages of any kind rasu[ting from the location, installation, existence, construction or maintenance of said fabdc canopy awning sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque adsmg out of the Iocatior,, inatallation, existence, construction or maintenance of fabdc canopy awning and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque flee and harmless from any and ail claims, loss, liability and expense for death and/or injudas to third persons or damages to property of third persons, or for damage to any proper~y of the City of Dubuque which may occur as a result of or in connection with the location, instsllatior., construction, maintenance and repair of the facility, work or improvemea[ permitted herein. Section 4. That the p~rmis~ion herein granted is expressly conditioned upon permittees' further agreement that should the right and'privilege herein granted be rescinded or revoked by the City Council, permtitees, or. their successors in interest, as owners of the abutiJng property, sha~ within ten (10) days after receipt of written notice f~om · the City Manager, so to do, at theit own expense, remove said fabdc canopy awning and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said fabdc canopy awning at perm~ees' expense and dispose of the same· and the permittee shall have no claim against the City or its agents for damages- resulting from the removal of said fabric ~ canopy awning· Section 5. That per~ittees 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 facility.and 'said permittees hereby covenant and agree no[ to assert such claim or defense against the City of Dubuque In the~ event of claim asserted for personal · injunes and/or property damage against the permittaes adsing out of or in any way connected with the location, installation,' construetion, design, repair and maintenance of the facility herein perm~ed.. Section 6..This ordinance become effe~ve and me fights hereunder accrue to Decamber 1995 when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed file at permitteas' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of Decamber, 1998. Terrance M Duggan, Mayor At[est Mary A. Davis, City Clerk ACCEPTANCE OF · ORDINANCE NO. 77-98 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 77-98, 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 permittaes - By: JamesA. Schute Secretary, DAL Building Corp. 11/17/98 Published officially in the Telegraph Herald newspaper this 11th day of December, 1998. Mary A. Davis CMC. City Clerk lt12/11 : - Voetberg moved that the requitement 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 passed be suspended· Seconded by Buol. Motion carded 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7-0. Horizon ,. Development- Group :' requesting ~esistance from the City to-" private property located at 12801-':' Nightengale Lane by using the City's eminent domain powers,· and-City Manager recommending to proceed with eminent domain proceedings,'~= presented and read. Viarkham moved that'the communications be received and tiled." Seconded by Buol. Motion' carried 7-0. ' .......... RESOLUTION NO. 574-98'" Whereas. Horizon Deveiopment has been negotiating with Kevin and Diane- Torrey, owners of record for an. easement necessary for extension of a sanitary sewer · line to ·service ' Woodland Ridge Subdivision; anc Reqular SessiOn, D~Ceml~ 7; 1998 46 ] Whereas, Horizon Development has not been successful after reasonable attempts in its efforts to negofiate a sale and pumhase price for the required easement; and Whereas, the Cb of Dubuque finds and determines that it is in the best interest of the City that eminent domain proceedings should be instituted to acquire the needed sanitary sewer easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That eminent domain proceedings be ins~uted forthwith by the City of Dubuque, Iowa. for acquisition of a public sanitary sewer easement across Lot 1-2-2~1-1 of Mineral Lot 278. subject to Horizon Development agreeing to the terms hereof. Section 2. That the corporation Counsel be and is hereby directed and empowered to do any and all things necessary and incidental [o said eminent domain proceedings. Section 3. That Horizon Development shell be responsible for and reimburse the Cb for ail costs retated thereto, incJuding the Cites attorney fees, and the costs of acquisition of the easement, and Horizon Development shell also agree re save, defend and hold the City harmless from any and all claims arising out of the eminent domain proceedings. Passed, approved and adopted this 7th day of December, 1998. Terrance M. Duggan, Mayor Attest Mary A: Davis, City Clerk Markham moves adoption of the Resolu~on. Seconded by Buol. Motio~ carried 7-0. Dubuque County' Boar~ of Supervisors requesting City .vacate Eighth Street in the block between Iowa St. & CentraJ Ave., and deed to Dubuque County, presented and reao. Markham moved that the Council recognizes the request and advise that they are open to discuselen to share the plan. Seconded by Nichoison. Me,on carried 7-0. DRA reques~ng appointment ~f City's designees to DRA Board of Direc[ora for year 1999, (Currently City Manager Michael Van Milligen, Mayor Terry Duggan and Council Members Roy Buol and John Markham), presented and read. Nicholson moved that the same individuals conitnue to serve on the Board. Seconded by MichelskJ. Motion carried 7-0. City Manager recommending public hearing be set for December 21, 1998 to vacate a portion of Comall St. and adjacent alley between 16th & 17th Sts.; presented and read. Voetberg' moved that the communicafion be received and filed. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 575-98 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF CORNELL STREET AND ADJACENT ALLEY BETWEEN 16TH AND 17TH STREETS Whereas, there has been presentad to the City Council of the C~ of Dubuque, Iowa. a plat dated November 17, 1998, prepared by Schneider Land Surveying and Planning, describing the proposed vacated po~ca of Cornell Street and adjacent elley between 16th and 17th Streets; and Whereas, said plat confer'ms to the laws and statutes pertaining thereto.- NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated, November 17, 1998, prepared by Schneider Land Surveying and Planning, relate to the real estate herelnabove dsacdbed by and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the C~ Clerk be and is hereby authorized and directed to file said plat and car~ed copy of this resolution in the office of the Resardec in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of December, 1998. Terranca M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetberg moved ado~on of the Resciufion. SecopdedbyBuci. Motion carried 7-0. - · · (OFFICIAL PUBLICATION) ORDINANCE NO. 78-98 ORDINANCE VACATING A PORTION OF CORNELL STREET AND ADJACENT ALLEY BETWEEN 16TH AND 17TH STREETS Whereas, Roneld R. White has requested the vaca'dng nfa portion of Comell Street and adjacent alley between 16th and 17th Streets; and Regular Session December 7, 1998 Whereas: Schneider Land Sun/eying and Planning has prepared and submitted to the City Council a plat snowing the vacated portion of Cornell Streel and adjacent alley between 16th and 17th Streets ane assigned lot numbers thereto, which hereinafter shall Pe known and described as Lot 24A and Lot 24B of Morgan's Subdivision n the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Comell Street and adjacent atley between 16th and 17th Streets is no longer required for public use vacating of said portions of Comell Street and adjacent alley known as Lot 24A and Lot 24B of Morgan's Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, 9E IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rea] estate described as Lot 24A and Lot 24B of Morgan's Subdivision in the City Dubuque, Iowa, be and the same is hereby vacated. Passed. approved and adopted this 7th day of December, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the TelegraPh Herald newspaper this 11th day of December, 1998 Mary A. Davis CMC. City Clerk It 1211 Voatberg moved that tf{e requirement that a proposed Ordinance be considered and voted on -for passage at two Council Meetings prior to the ~neefing at which it is to 9e finally passed be suspended. Seconded by Buol. Motion carried 7-0. Vdetberg moved final considerafion and passage of the Ordinance. Seconc!ed by Buo . Motion carried 7-0. RESOLUTION NO. 576-98 RESOLUTION DISPOSING OF CITY, - INTEREST IN LOT 24A AND LOT 24B OF MORGAN'S SUBDIVISION IN THE CiTY OF DUBUQUE, IOWA Whereas, Ronald R. White 'has requested the vacating of a po~on of Comell Street -and adjacent alley between 16th and 17th Streets; and . Whereas, Schneider Land Surveying and Planning has prepared, and submitted to the City Council a plat showing the vacated portion of Cornell ' Street and adjacent alley between 16th and 17th Streets and assigned lot numbers thereto, which ~ereinafter shall be known and described as L,ot 24A and Lot 24B of Morgans Subdvison in the City of Dubuque, Iowa; and Whereas. the City Council of the City of Dubuque, iowa has determined that this portion of Coroell Street and adjacent alley between 16th and 17th Streets is no longer required for public use, and vacating and sale of said portions of alleys and streets known as Lot 24A and Lot 24B of Morgan's Subdivision In the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE_ iOWA: Section 1. Thatthe CityofDubuque intends to diseose of its interest in Lot 24A and Lot 24B of Morgan's Subdivision in the City of Dubuque, iowa. Section 2.'-That the conveyance of Lot 24A of Morgan's Subdivision in the City of Dubuque, Iowa to Ronald R. White be contingent upon the payment of $775.00, p~us platting, publication and filing fees, and the conveyance of Lot 24B of Morgan's Subdivision in the City of Dubuque, Iowa' te Mark Klinkhammer be contingent upon the payment of $125.00, plus the cost of platling. Section 3. That the City Clerk be and is hereby authorized and directed to cause a nofice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, aooroved and adopted this 7th day of December, 1998. . - Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk - Voetberg moved adoption of the Resolution and further sat this matter for Public Hearing on 12-21-98 at 7:00 p.m. in the Public Library Auditorium'. and direct the City Clerk to publish notice in the manner prescribed by law. C- Seconded by Buol. Motion carriedT-0. City Manager recommending public hearing be set for December 21 1998 to vacate of po~on of 28th St_ and Brunswick St,, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Robbins. Motion carried RESOLUTION NO. 577-98 ' ~ "~ RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTIONS OF 28TH STREET AND BRUNSWICK Reqular Session, D~c~b~r 7+ 1998 463 STREET Whereas, there has been presented to the Cb Council of the City of Dubuque, Iowa, a plat dated November 6, 1998, prepared by Buesing and Associates, dsscfibing the proposed vacated pertons of 28th Street and Brunswick Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW~ Section 1. That the plat dated November 6, 1998, prepared by Buesing and Associates, reia'dve to the real estate hereinabove described by 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. A perpetual easement. including the right of ingress and egress thereto, for the purpose of erecting, installing, construing, reconstructing, repairing, owning, operating, and maintaining water and sewer service lines to serve the N1]2 of Lot 63 and Lot 64 of Belmont Addition shall be established as shown on said plat Section 3. That the City Clerk be and is hereby authored and directed to file said plat and ced~ed copy of this resdiution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of December, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. (OFFICIAL PUBLICATION) ORDINANCE NO; 79-98 ORDINANCE VACATING PORTIONS OF 28TH STREET AND BRUNSWICK STREET Whereas, John R. and Margaret B. Hem have requested vacating portons of 28th Street and Brunswick Street; and Whereas; Buesing and Associates has prepared and submitted to the City Council a plat showing the vacated portions of 28th Street and Brunswick Street and assigned let numbem thereto, which hereinafter shall be known and described as Lot 72A cf Westview Subdivision, in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City cf Dubuque, Iowa has determined that these pertons of 28th Street and -Brunswick Street are no longer required for public use, except for utility easements as noted, and vacating of said portions of-28th Street and Brunswick Street known as Lot 7ZA of Westview Subd'Msion in the City of Dubuque, Dubuque County, iowa should be approved. NOW THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 72A of Westview Subdivision in the City of Dubuque, Iowa; be and the same is hereby vacated. Section 2. A perpetual easement, including the right of ingress and egress thereto, for the purpose of erecting, installing, construc~ng, reconstructing, repairing, owning, operating, and maintaining water and sewer se~ce lines to serve the Nlf2 of Let 63 and Lot 64 of Belmont Add,on shall be established as shown on said plat Passed, approved and adopted this 7th day of December, 1998. ' Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 11th day of December, 1998. Mary A. Davis CMC, City Clerk It 12/11 Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally )aesed be suspended. Seconded by Robbins. Motion carried T-0. Voatberg moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 578-98 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 72A OF WESTVIEW SUBDIVISION IN THE DUBUQUE, IOWA Whereas, the John R. and Margaret B. Horn have requested the vacating of 3ortions of 28th Street and Brunswick Street; and Whereas, Buesing and Associates have prepared and submitted to the City Cquncil a plat showing the vacated )ortions of 28th Street and Brunswick Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 72A of Westview Subdivision in the City of Dubuque, Iow'a; and 464 Regular Session, December 7, 1998 Whereas, the City Council of the City of Dubuque, Iowa has determined that these pordons of 28th Street and Brunswick Street are no longer required for public use, except for u'dlity easements as noted, and vacating and sale of said portions of alleys and streets known as Lot 72A of Weet~iew SubdMsion 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. OWA: Section 1. Thatthe CityofDubuque intends to dispose of its interest in Lot 72A of Westview Subdivision In the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 72A of Westview Subdivision in the Cit~ of Dubuque, Iowa to John R. and Margaret B. Horn be contingent upon the payment of $475.00, plus platling, publication and filing fees. Section 3. A perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, ant maintaining water and sewer service lines [o serve the N1/2 Lot 63 and Lot 64 of Belmont Addition shall be established as shown on said plat. 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 7th day of December, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution and further set this for Public Hearing on 12-21-98 at 7:00 p.m. in the Public Library Auditofiurr and direct the City Clerk to-publish notice in the manner prescribed by law. Seconded by Robbins. Motion carded 7-0. " City Manager submitting documents providing for bidding process for Construction of A~a Place Storm Sewer Extension, presented and 'read. Michalski moved that the communication 9e redeived and filed. Seconded by Robbins. Motion ~arded 7-0. RESOLUTION NO. 581-98 PREUMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE Cl~Y OF DUBUQUE, IOWA: That the proposed plans. specifications, form of contract and estimated cost for the Alta Place Storm Sewer Extension, in ~e estimated amount of $71,218.22, are hereby approved and ordered tiled in the office of the C~ Clerk for public inspection. Passed, adopted and approved this 7th day of December, 1998. Terranca M. Duggan, Mayor Attest Mary A. Davis. City Cterk Michalski moved adoption of the Resolufion. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 582-98 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 AJta Place Storm Sewer Extension. NOW THEREFORE,_ BE-- IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 18th day of January, 1999. a public hearing witl 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 City Clerk be and is hereby directed to cause a notice of time and place of sucr heating to be published in a newspaper .having general circulation in the City of Dubuque,¢lowa, which notice shall be not tees than four days nor more than twenty days prior to the day fixed for its constderefion. -.At the hearing, any interested person-may appear and file objections to the proposed plans,'. ~ specifications, contract, or estimated cost of the improvement. ' ~'~- ' ' ~ - - Passed, adopted and approved this 7th day of Decamber 1998. : Terrance M. Duggan, M~yor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolufion. Seconded by'R~bbins. Motion carried 7-0. ..-~ . _ RESOLUTION NO. 583-98 Reqular Session, December 7i 1998 465 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Alta Place Storm Sewer Extension is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provtsions of the notice to bidders hereby approved as a par[ of the plans and specificetJons heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provide~, to be published in a newspaper having general ciroulation 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 et 2:00 p.m. on the 7th day of January, 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 18th day of January, 1999. Passed, adopted and approved this 7th day of December, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michaiski moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. C~ Manager submitting documents providing for constru~on of Chestnut & Dell Storm Sewer Project, presented and read. Voetberg moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 584-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY ~-HE CITY COUNCIL OF THE CITY OF DUBUQUE, That the proposed plans, specifications, form of contract and estimated cost for the Chestnut and Deli Street Storm Sewer Extension, in the estimated amount of $42;015.40, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7th day of December, 1998. Terranca M. Duggan, Mayor Attest: Mary A~ Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO, 585-98 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 ir the office of the City Clerk for public inspection of the Chsstnu[ and Dell Street Storm Sewer Extension. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 18th day of January, 1999, a public heedng wlil be held at 7:00 p.m. in the Public Library Aud'riorium at which lime interested )ersons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improve~nent, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng to be publishe~ in a newspaper having general ciroulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the ~mprovement Passed, adopted and approved this 7th day.of December, 1998. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetberg 'moved edootion of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 586-98 ORDERING BIDS NOW THEREFORE, 9E IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOW~ That the Chestnut and Dell Street Storm Sewer Extension is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the )rov'mions of the notice to bidders Regular Session, December 7, 1998 hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to adverse for bids for the construction of the improvements herein provided, to be published in a newspaper having genera[ circulation [n the City of Dubuque, iowa, wbich not,ce shall not be less than faur days nor more than forty-tive days prior to the receipt of said bids at 2:00 p.m. on the 7th day of January, 1999 Bids shall be opened and read Dy the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 18th day of January, lggg. Passed, adopted and approved this 7th day of December, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moveo adoption of the Resolution. Seconded b~, Robbins Motion carried At 1 li56 p.m. Buol moved that it be resolved m go into Closed Session ~j) To discuss the purchase of padJcular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Robbins. CouncilMembers. Couno reoonvened R.gu ar Session at 12:14 a.m. with ststement City Clerk /~ that staff had been given direction. There being no further business,- Vostberg moved that the meeting adjourn. Seconded by ~4ichalski. Motion carried 7-0. The meeting ' adjourned at 12:15 a.m. Dec_ 8. 1998 Is~ Mary A Davis CMC _: City Clerk Special Session, D~be~be~ 15, i998 467 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, December 15, 1998 Council Met at 5:09 P.M. Public Library Auditorium. Present Mayor Duggan, Council Members Buol, Michalski, Nicholson, Robbins, Veatberg, City Manager Michael Van Mililgen; Corporation Counsel, Barry A. Lindahl. Absent Council Member Markham at Roll Call. Markham entered the Closed Session at 5:24 p.m. Mayor Duggan read the call and stated this is a Special Session of the City Council called for the purpose to set a Public Hearing to consider disposing of property in Dubuque Technology Park. City Manager requesting public heating be set for 1-18-99 to consider disposing of property in Dubuque Technology Park, presented and read. Voetberg moved that the communication be received and flied. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 587-98 RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS~ COMP~ II~ iV'E CPJTERIA, OFFERING PROCEDURES FOR DISPOSITION OF CERTAIN URBAN RENEWAL PROPERTY; (2) DETERMINING THAT THE PROPOSAL SUBMITTED BY HORIZON DEVELOPMENT GROUP, LLC SATISFIES THE OFFERING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO ENTER INTO THE DEVELOPMENT AGREEMENT WITH HORIZON DEVELOPMENT GROUP, LLC AND CARTEGRAPH SYSTEMS, INC. IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS. Whereas, the City of Dubuque, iowa, did on April 7, 1997, adopt an Urban Renewal Project known as the Dubuque Industrial Center South Economic Development District (the ;"Plan") for the urban renewal area described therein; and Whereas, such Plan providss for, among other things, the disposition of propedies for pdvate development purposes as a proposed renewal action; and Whereas, Horizon Development Group, LLC ("Develo,p, er') and Cad:eGreph Systems, Inc. (Employer'') have submitted to the City a specific proposal for the acquisition of cer[ain property hereinafter described for the development of a corporate office, together with the request that this property be made available for dispes~on as rapidly as possible; and Whereas, in order to establish reasonably competitive bidding for disposition of the property in accordance with the statutory requirements of Chapter 403, Code of Iowa, 1997, par'dculariy Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of Submission requirements and minimum requirements and competitive criteria for the property offering has been prepared and is attached hereto as Exhibit "A' and by this reference is m.ad.e a par[ hereof, which sets out the m~mmum requirements each proposal must satisfy in order to qualify for consideration wffh respect to the compet~ve criteria, the information and - documents which must be submitted, and the schedule for submission and compefitive bid-off procedures; and Whereas, said Developer and Employer . have tendered a Development Agreement wffdl the City, attached hereto as Exhibit "B', which proposes the development of a corporate Office on this property;, and - Whereas, to both recognize the firm proposal for disposition of the property already received by the City;. as described above, and to give full and fair opper[un~ to other devalopere interested in submitting a proposal for development of the property, this Council should by this Resolution: 1) Set the Fair Market Veiea of the as determined by an independent appraser for uses in accordance with the Urban Renewal Plan; 2) Approve the Guidelines for Developers for the Ddbuque ndusthal Center South Economic Dave opment Dstrict Urban Renewal Plan Area for' 468 Special Session, December 15, 1998 subm~esion of proposals for the purchase and development of the property and the minimum requirements and competitive cdtada attached hereto as Exhibit 3) Approve as to form the Developer's and Employer's proposed Development Agreemen[ attached hereto as Exhibit 4) Set a date for receipt of competing procosais aha the opening thereof; establish a procedure for each proponent to better its proposal and set a cutofftime for such modification; and provide for review of such proposals with recommendations to this Council in accordance with established Dracedures; 5} Declare that the proposal submitted by Developer and Employer satisfies the requirements of the offenng anc that in the event ho other qualified proposal is timely subm~ed that the City intends to accept such proposal and enter into the Development Agreement and direct publication of' notice of said intent; - 6) Approve and direct publication-of notice to advise ~ny would be competitom of- the opportunity to compete for purchase of the property for development on the terms and condffions set out above; 7) Dectare that in the event anothe~ quaked proposal is timely submitted and accepted, another and future notice ,MIl be published on the intent of me City to enter into the resuEing contract, as required bylaw; and Whereas· this Council believes it is in the best interest of the C~Y and the Plan to act as expeditiously as pessibta to offer this proper~y for deveispment as set forth herein· ' ' NOW, THEREFORE, BE ~ IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the fbllowing described praperzy'shall be offered for development in accordance with the [arms and conditions contained in this Resolution, to wit: ' - ...... Lots 10 and 11 of Block 2 of Dubuque Technology Park, in the City of Dubuque, Dubuque County, iowa. :- ' Section '2. That the current Fair Market Value of Lot' 11 Block 2 of~' Dubuque Technology Park shall, be $76.230 per buildable ~cre. The Fair Market Value of Lol 10, Block 2 of Dubuque Technology Park, the option ~)arce, sba be determined by :: appraisal at or about the time of closing Section 3. That it is aereby determined that in order to qualify for consideration for selection each Developer mus[ submit a proposal which meets these minimum requirements: a) Contains an agreement to acquire Lot 11. Block 2 at not less than the Fair Market Value and an option on Lot 10. Block 2 both for use in accordance with the Plan; b) Is for the deveiopmem of the property for use by an actual expanding or new business in conformance with the Plan and is not for speculative development; cl Includes a construction schedule in which the construction of approximately 30,000 square feet of building space on Lot 11, Block 2 is substantially complete on or before thirteen months from a eiosing date; d] Sets out or provides through other means acceptable [o the C~ ~the proposed developer's expenence m woddng with other . development projects and with construction; ~nd e) Sets out or provides through other means acceptable to the. City .the; experience of the principals and key staff who are directly .engaged in performance of contract obliga~ons in carrying out projects of similar scale and character. Section · 4. Thai ii is hereby determined that each proposal which satisfies the minimum requirements as determined by the City, shall be reviewed on the basis of the strength of such proposal as judged by the following competitive criteria: a} Quality of the proposal . ' 1] The overall cost of the project; and"-: 2) The types of materials shown for~ construction of the structure. b) Architectural design of the proposed 1} - ComPatibiltiy~ of the design with surrounding ' structures vistas veh cu ar' - :activities ~ and ' -future .' development of adjacent property; 2} The functional design of the site, structure and all public spaces; and '..: ¢ :: 3) :The aesthetic, quality of .~ the c) Economic feasibility of the proposed 1) The econbmic.,return community provided by the'~roposed development in'cluding, but not limited to, the properly anc sales tax geq~rated, the number of jobs provided. and the encouragement of s mi~ar and · .; Special Session, December ~ 5, 1998 469 related development in the urban renewal disttict; and 2) The ability of the prospective developer to finance and complete the project as proposed. Secton 5. That the proposed Devekipment Agreement by and among the City, Developer and Employer, be and is hereby approved as to form for the purposes hereinafter stated. Secton 6. That for the purpose of defining the offering of the property for development, said Development Agreement shall be deemed to be illus~afive of the terms acceptable to the City with respect to: a) Purchase price; b) Conveyance of properly and option; c) Required minimum improvements; d) Timing of improvements; e) City padJcipation; f) Covenants; g) Events of Default and Remedies; and h} General terms and previsions; provided, however, that each competing proposal and contract shall be permitted to: a~ Devise and report its own design for development so long as the m~nimurr requirements set out in Exhibit "A" are me[; b) Devise and repor~ its own method and sources of financing, so long as such proposal is sufficient to assure financing of the project in a timely manner; and c) Allow taking pcesess~n of the property to be delayed for up to six months after the execu~on of the contract. _ No other substantive deviations will be perm~ed. Secton 7. That the proposed Development Agreement submitted by the Developer and Employer satisfies the requirements of the offering and, ih the event tha~ no other qualified proposals are timely submitted, that the City 'enter into said Agreement is hereby accepted and approved. Section 8. That it is' hereby determinec that the Developer possesses the qualifications, financial resources and legal abll'r~y necessary to acquire and develop the property in the manner proposed by this offering in accordance with the Plan. Section 9. That it is hereby datermined that the disposition price for the properly offered to the Developer shall be in the amount at the Fair Market Value as established by this Council for uses in accordance with the Plan. S?ction 10. That the CH Clerk shall receive and retain for public examination the attached Development Agreement submitted by the Developer and Employer and, in the event no other qualified propossls are timely submitted, shall resubmit the same to this Council for final approval and execution upon expiration of the notice hereinafter prescribed. Section 11. That the action of this Council be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are fimeiy submitted, to accept the proposal of the Developer and Employer to acquire and develop the prope~ and to enter into the Development Agreement by and among the City, Developer and Employer. Section 12. That the official notice of this offering and of the intent ef the City, in the event no other qualified proposals are timely submitted, to enter, into said Development Agreement, shall be a mJe copy of this Resolution, but without the attachments referred to herein. Section 13. That the City Clerk is authorized and directed [o secure immediate publication of said official notice in the Tele~raoh Her~lr~ a newspaper having a general c rculafio~ in the community, by public.ion of the text of this Resciutio~ without attachments on or before the 18th day of December, 1998. Section 14. That written proposals for the seie and development of the property will be received by the City Clerk at or before 10:00 a.m., January 18, 1999, in the Office of the City Clerk,.- located on the first floor at City Hall, Dubuque iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on January 18, 1999. Said proposals will then be presented to the City Council at 7:00 p.m., January 18, 1999, at a meeting to be held in the Auditorium of the Carnegie Stout Public Library, Dubuque, Iowa. Section 15. That such offering shall be in substantial conformance with the provisions of Section 403.8, ~ode of towa requiring 'reasonable competitive bidding procedures" as are hereby prescribed which method is hereby determined m be the appropriate method for making the Property available for development. 470 Special Session, December 15, 1998 Section 16. That the required documents for the submission of a proposal shall be in substantial conformity with the provisions of this Resolution. Section t7. That the City Clerk is hereby nominated and appointed as the agent of the CH of Dubuque, Iowa to receive proposals for the sale of the proper~ at the date and according to the procedure hereinabove specified for receipt of such proposals and to proceed at such time to formally acknowledge receipt of each of such proposals by noting the receipt of same in the Minutes of the Council; that the Cfty Manager is hereby authorized and directed to make preliminary analysis of each such proposal for compliance with the mimmum requJremeats established by this CounciJ hereinabove. For each proposal which satisfies these requirements, the Council shall judge the strength of the proposal by the compe~ve c~eria established hereinabove. The Council shall then make the final evaluation and seJectien of the proposals. Section 18. That fdilowing receipt of competing proposals, the Developer shall have until 10:00 a.m. on January 25, 1999, to amend its proposal in response and to deliver same to the City Clerk. - Section 19. That if, and only if, competing proposals are received and determined by the Council to meet the minimum requirements of this Resolution, and the Developer amends ifs proposal in response thereto, such Counci' shall forthwith schedule ~ meeting within seven (7) days atter January 25, 1999, at which meeting there shall be a bid-off, each proposal against the other, sedatim sta~ng with the second 9reposal~received until such time as each proponent for the' - sale of the properb' shall decline 'to ~mprove its bid in response to the lasz bid ofthe ather bidder or bidders. The pedod of time to be allowed for such did-off shall not be in excess of three consecutive hours on said date. The rules of such bid-off shall be as informally determined by the Council at or before such bid-off period and shall be absdiut~. Section 20. That in th~ event another qualified proposal is timely submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the rssu~ng contract, as required by law. Passed, approved and adopted this 15th day of December, 1998. Torrance M Duggan, Mayor Attest: Mary A. Davis, City Clerk Voatberg "noved adoption of the Resolution and further set it for Public Headng on 1-18-99 at 7:00 p.m. in the Public Library Auditadum and directed the CH Clerk to 9ublish notice in the manner prescribed by law. Seconded by Nichoison. Motion carried 6-0. At 5:15 p.m. Michalski moved to go into Closed Session In accordance with Chapter 21.5 l(j) To discuss the purchase of particular real es~a~e where premature disclosure could be reasonably expected to increase the price the governmental body would have m pay for that proper~y. Seconded by Nicholson. Motion carded 6-0. Council Reconvenec in Regular Session au 5:4I p.m. stating that the City Manager had been given proper direction There being Voetberg moved to adjourn the meeting. Seconded by Budi. Motion carried 7-0. A. Davis CMC - ' 1999 Council Members Attest:.~ ,,/3 City Clerk// Re.qular Session, December 21; 1998 471 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, December 21, 1998 Council Met at 7:00 p.m., Public Library Auditorium Present: Mayor Duggan, Council Membem Buol, Markham, Michais~, Nichoison, Robbins, Voetberg, City Manager Michael Van Milligen, Coreoration Counsel Barry A. Lindahl. 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 Rev. Kenneth Bickei, Pastor of First Congregational United Church of Chr~t PROCLAMATIONS- Jan. 17, 1999 as 'Ma~n Luther King, Jr. Day' received by Ruby Sutton. Cindy Kohlmann, on behalf of Local Authors, made a presentation to the City for Public Library use. MINUTES SUBMITTED: Cabie TV Regulatory of 12-9; Environmental Stewardship Advisory Commission of 12-1; Housing Commission of 12-8; Park & Rec. of 12-8; Zoning Advisory Commission of 12-2; Zoning Board of Adjustment of 11-19, presented and, read. Voetberg moved that the minutes be received and filed_ Seconded by Buci. Motion osrred 7-0. Human Rights Commission submitting their Annual Report for FY'98, presented and read. Voetberg' moved that the report be received and filed. Seconded by Michalski. Motion carried 7-0. Thom Determan, Chair of the Human Rights Commission, spoke outlining the reporL Printed Council Proceedings for month of October, 1995, presented for approval. Voetberg moved that the proceedings be approved as pfintad. Seconded by Buol. Motion carried 7-0. Proofs of Publication on Notice of publishing Counc] meefings for 11-16 & 11-24, presented and read. Voetherg moved that the preots be received and filed. Seconded by Buci. Motion carded 7-0. Finance Director submitting Financial Reports for month ending November 30, 1998, presented and read. Voetherg moved that the communication be received and filed. Seconded by Buci. Motion carded 7-0. Pmef of Publication on publishing List of Claims & Summar~ of Revenues for month ending October, 1998, presented and raao. Voetberg moved thet the proof be received and filed. Seconded by BuoL Motion carded 7-0. Proofs of Publication on publishing Notice of filing final assessments for 1997 Asphalt Paving Project; Kelly Lane/Pego Court Sanitary Sewer Extension; Louise & Louella Lane Sanitary Sewer and Wetermain Extension, prssente¢ and read. Voetberg moved that the proofs be received andtiJed. Seconded by Buol. Motion carried 7-0. NOTICES OF CLAIMS/SUITS: Daniel Starkey in unknown amount for vehicle damages; Medical Associates HeaffJ~ Plan submitting subroga~on claim on behalf of their insured, Sarah A. Hickey, for personal injuries~ presented and read. Voetberg moved that the claims and suits be referred td the Legal Staff for investigation and report. Seconded 5y BuoL Mofion carried 7-0. - -.- ;~- =. Corporation Counsel advising following claims have been referred ro Public Entity Risk Services of Iowa, the agent for the iowa Communities Assurance Pool: Personal injury of Elizabeth M. Evarts; Vehisle damage of Lois Leytem, presented and. read. Voetberg moved that . the communicatio~ be received and tiled. Seconded by Buol. Motion carded 7-0. Corporation Counsel recommending 472 Regular Sess on, December 21, 1998 settlemem of following claims and authorizing Finance Director ro issue checks and submit m ICAP for reimbursement: Vehicle damage of Jason E. Grawe in amount of $652.64; Property damage of Harold E. Miller in amount of $57.07, presented and read. Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Buol. Motion cartied 7-0. REFUNDS REQUESTED-- Holiday Oil Distribution, Inc. (1685 J.F.K. Rd.) and Holiday Oil Distribution, inc. [1401 Central Ave.} .$50.00 each for unexeired Cigarette Licenses, presented and read. Voetherg moved that the refunds ee approved and Finance Director to issue proper check. Seconded by Buol. Motion carried 7-0. City Manager recommending acceptance of Operations Maintenance Dept. Building Improvement Project - Annex Building Rehabilitation Project, presented and reea. Veetberg moved that the communication be received and tiled.- Seconded by Buol. Motion carded 7-0. RESOLUTION NO, 588-98 ACCEPTING IMPROVEMENT Whereas, the contract for the Operations and Maintenance Department Annex Building ~:ehabilitation Project has been completed and the City Manager has examined the work and filed hie certificate stating that the same has been comeleted according to the terms of the contract, olans and specifications and recommends it NOW THEREFORE,' BE' IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 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 General Fund equal to the amount of this contract, less-any retained percanmge provided for thereto. Paesee, approved and adoeted this 21st day of December 1998. Torrance M. Duggan, Mayor Attest. Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 589-98 FINAL ESTIMATE Whereas, the contract for the Operations ' and Maintenance Departmest Annex Building Rehabilitation Project has been completed and the Operations and Maintenance Department Manager has subm~ed his final estimate showing the cast thereof including the cost of estimates, notices and inspection and atJ 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 be $20,182.70 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa Passed, approved and adopted this 21st day of December, 1998. Terranca M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voatberg moved adoption of the Resolution. SesondedbyBuol. Motion carded 7-0 City Manager recommending acceptance of Operations & Maintenance Dept. Building Improvement Project Relighting System, presented and read. Voetberg moved that the communication be received and flied. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 590-98 ..... ACCEPTING IMPROVEMENT : Whereas, - the contract for; the --" Operations and Maintenance_ Department Raiighting Project has' been completed and the City Manager~:' has examined the work and tiled his ced~ficate stating [hat..the same has been completed according to the terms of the con~racr' plans and specifications and recommends - it 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 acee~ed BE iT FURTHER RESOLVED that Reqular Session, the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund equal to the amount of this contract, less any retained pementage provided for therein. Passed, approved and adopted this 21st day of December, 1998. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adopfion of the Rssolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 591-98 FINAL ESTIMATE Whereas, the con~'act for the OperaCdons and Maintenance Department Raiighting Project has been completed and the Operations and Maintenance Department Manager has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $17,§00.00 and the said amount shall be paid from the General Fund of the Cb of Dubuque, Iowa. Passed, approved and adopted this 21st day of December, 1998. Terrence M. Duggeo, Mayor Attest: MaryA: Davis, City CJerk Voetberg moved adoption of the Ressiufion Seconded byBuai. Mofion carried 7-0. City Manager recommending acceptance of 1998 ADA Curb Ramp Project, eresented and read. Voatberg moved that the communication be received and fiisd. Seconded by Buol. Motion carried 7-0. - RESOLUTION NO. 592:-98 ~ ACCEPTING IMPROVEMENT Whereas, the contract for the 1998 ADA Curb Ramp Project has been completed and the City Manager has examined the work and filed his ced~cate 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: Decembei- 21, 1998 473 Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED tha[ the City Treasurer be and he is hereby directed to pay to the con,rector from the Community Development Block Grant Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 2tst day of December, 1998. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Bucl. Mo~on carried 7-0. RESOLUTION NO. 593-98 FINAL ESTIMATE Whereas, the contract for the 1998 ADA Curb Ramp Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and ail 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 $61,432.36 and the said amount shall be paid from the Commun~ Development Block Grant Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of December~ 1998. Terrance M. Duggan. Mayor Attest:. Mary A. Davis, City Clerk Voetberg moved adoption of the Rssolution. Seconded by Buol. Motion carried 7-0_ - -' . . --.:_ City Manager recommending approvat to submit a grant appiica~en for Granger Creek Recreational Trail, presented and read. ~ Voetherg moved -' that the communicatien be received and filed. Seconded by BuoL Motion carded 7-0. '" ' ~ · RESOLUTION NO. 59-4-98 RESOLUTION TO SUBMIT A GRANT APPLICATION TO THE IOWA DEPARTMENT OF TRANS- PORTATION FOR RECREATIONAL TRAIL FUNDS FOR THE GRANGER CREEK RECREATIONAL TRAIL 474 Regular Session, December 21, 1998 Whereas, the Iowa Department of Transportation qas allocated Recreational Trail grant funds for the development of recreational trails and facilities for pedestrians and bicycles; and Whereas, the City has an adopted Comprehensive Plan which includes goals and 'objectives for hike/bike trail development in the community. 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 submit the grant application to the Iowa Department of Transportation for Recreational Trail funds for the Granger Creek Recreational Trail. Section 2. That the City Council hereby provides its written assurance that the completed project will maintained adequately for its intended use for a minimum of twenty (20) years following project completion. Section 3. Thatthe City of Dubuque hereby agrees to abide by all local, state and federal requirements applicable to the proposed project.' Passed. approved and adopted this 21st day of December, 1998_ Terrance M. Duggan, Mayor Attest Mary A. Davis, Cit~ Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7~0. City Manager recommending submission of Delinquent Sewer, Garbage and Refuse Collection Accounts [o the Dubuque County Treasurer, presented and read. Voatberg moved that the communication be received and t~led. Seconded by Buol. ~.4otion cardedT-0. RESOLUTION NO. 595-98 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT"- GARBAGE - AND REFUSE - COLLECTION ACCOUNTS ACCORDANCE WTJ'H SECTION 40-37 AND 40-38(d) OF THE CODE OF ORDINANCES OF THE CiTY OF DUBUQUE, IOWA Whereas. City garbage and refuse collection from residential premises, as defined in the Code of Ordinances of the City of Dubuque, iowa, is mandatory; and -_ ,- Whereas, as of December 31st of each year, delinquent garbage and refuse collection charges shall be cedftied by the City Clerk to the Dubuque County Treasurer for collection with and in the same manner as general properly taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe persons named hereinunder, owning the property thereby se[ forth, are delinquent in the payment of refuse collection NAME AND ADDRESS AMOUNT Gary Bernhard 10-12-201-003 1110 RooseveltSt. [2nd) $115.83 Jeanie Frommelt 10-11-476-005 3974 Jackson St 96.38 MarkKrolich 10-12-356-004 107.10 743 Louise St. Wm. Brown 10-24-390-001 74.41 950 Spruce St. Dennis Rath 10-12-101-004 120.43 679 Kenneoy Ct. J. Foht · 10-12-358-007 126.24 723 Peru Rd. Ricky J. Hurst 10-12-177-005 126.24 3975 Inwood St GaryBemhard 10-12-20%003 126.24 1110 Roosevelt St (2nd) Vincant Ehdich 10-11-378-003 132.58 333 Olympic Heights Section 2. That the City Clerk be and is hereby ordered and directed to certify to the Courr~ Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquen[ in the payment of refuse collectio, charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as generel property taxes against the respective parcels of properly set opposite the names of the Passed, approved ~nd adopted this 21st day of Dec'er~b'er, 1998_ '-Terrance M. Duggan, Mayor ~ Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion - carded 7-0. ~" ' RESOLUTION NO. 596-98- RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT SEWER ACCOUNTS IN ACCORDANCE WITH SECTIONS 44- 83 AND 44-86 OF THE CODE OF Regular Session, December 21 i 1998 475 ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, Section 44-83 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rates or rentals upon all iota, parcels or real estate and buildings that are connested dkectly or indirectly with the sanitary sewer system; and Whereas, Section 44-86 of the Code of Ordinances provides that the City shall have a lien upon the real properb~ served by the sanitary sewer system for all delinquent rates and charges; and Whereas, delinquent sewer charges shall be codified as of December 31st of each year by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW THEREFORE. BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That /~e persons hereinafter named, owning the following described property, have unpaid sewer charges in the amount set out and that said charges are delinquent. NAMF AND ADDRESR PROPFR~ BESCRIPTION AMOUNT Dennis Rath 10-12-101-004 $251.40 679 Kennedy Ct. J. Foh~ 10.12-358-007 260.05 723 Peru Rd Ricky J. Hurst 10-12-177-005 260.05 3975 lnwead St. Gary Bernhard 10-12-201-003 261.05 1110 Rooseveit St. Vincent Ehdich 10-11-378-003 349.20 333 OiYmpic Heights Section 2. That the City Cterk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named herein are delinquent in the payment of sewer charges in the amounts set forth above and that said delinquent sewer charges shal~ be collected in the same manner ss general properly taxes against the respective parcels of properly set opposite the name of the proper~ ownsr. Se~on 3. That the delinquent sewer charges shall be collected with, and in the same manner as general property taxes as provided by law. Passee, approved and adopted this 21st day of December, 1998. Terrence M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetberg moved ado~on of the Resolution Seconded by Budi. Motion carried 7-0. City Manager recommending pe~Jon from reeldents along North Burden Street for total reconstrucfion of their street be included in t'rve year Street Paving Program, presented and read. Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Buol. Motion carried 7-0. City Manager recommending approval from Montgomery Watson to install monitofing wells, presented and read_ Vostberg moved that the communication be received and filed. Seconded by Buol. Mofion carded 7-0. RESOLUTION NO. 597-98 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND MONTGOMERY WATSON AMERICAS INC. TO INSTALL MONITORING WELLS ON PUBLIC RIGHT-OF-WAY AT 395 7TM STREET Whereas, Montgomery Watson Americas ~ Inc. on behalf_ of Bridgestone/Firestone has requested permission from the City of Dubuque to install monitoring wells on City fight-of- way at 395 7~ Street in Dubuque, Iowa for the purpose of assessing current groundwater condffioce a[ and surrounding the proper[y; and Whereas, the License Agreement Right-of-Entry for Site Assessment has been prepared outlining the responsibilities of Montgomery Watson Americas Inc. and He Bridgestone/Firestane Company in the installa~on of the monitoring wells on public fight-of-way; and Whereas, the performance of the activities', of Montgome~ WataoF Americas Inc.-will be at no cost or expense to the C~, and all work will be performed by the Licensee, or its employees, agents or subcontractors; and Whereas, it is the desire of the City Council to enter into said License Agreement for the installation of monitoring wells in the public right-of- way as requested. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL 476 Regular Session, December 21, 1998 OF THE CiTY OF DUBUQUE, IOWA: Section 1. The License Agreement for Right-of-Entry for Site Assessment be and the same is hereby approved. Section 2. That the Mayor be andis hereby authorized to execute said _icense Agreement for and on behalf of the City Council. Passed, approved and adopted this 21st day of December, 1998. Terrance M. Duggan, Mayor Attest Mary A. Davis, Cit7 Clerk Voetberg moved adoption of the Resolution. Seconded 9y Buol Motioc carried 7-0. City Manager requesting a commitment [o retssue Loan Comm~nent letter for Iowa Inn Project, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0 RESOLUTION NO. 598-98 ~ RESOLUTION AUTHORIZING REISSUANCE OF A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING DOWNTOWN REHABILITATION. LOAN TO STOUT PLACE APARTMENTS, L.P. Whereas, the City of Dubuque, t0wa, has created a Downtown Rehabilitation Loan Program [or the purpose of stimulation reinvestment of' the Downtown Dubuque Urban Renewal District; and Whereas. the City of Dubuque, Iowa rs encouraging the use of this loan program [o finance code compliance activ'~es and to spur job creation and upper smq~ housing unit development; eno Whereas, the loan application from the Stout Place Apartments, LP. meets the requirements of this program; and Wheraas, a revised Commitment Letter, hereto attached and'by this reference made a part hereof, sets forth the terms and conditions of Stout Place Apartments, L.P.'s participation in the Downtown Rehabilitation Loan Program .... NOW THEREFORE, BE IT REsoLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Stout Place Apar~meots. LP. :,for participation in the Downtown Rehabilitatior Loan Program ~ hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque. iowa, the attached revised Commitment Letter and to forward said letter to Stout Place Apartments. L.P. for review and approval. SeciJon 3. Thatthe City Manager be and he is hereby directed to prepare, upon execution and receipt of the attached Commitment Letter by the applicant, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. Section 4. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authored to disburse loan funds from the Downtown Rehabilitation Loan Program, in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 21et day of December, 1998. Terrance M. Dbggen, Mayor MaryA. Davis. City Clerk Voetberg moved adoption of the Resolution. Seconded b~ Buol. Motion carried 7-0 ..... RESOLUTION NO. 599-98 NOW, THEREFORE BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having cemp[ied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. ' ' .... NEW L & M Wharf. Inc." ~' Michael's BarX :~ -' * 2616 Windsor Ave Passed, approved and adopted this 21et day of December, 1998. - - : Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ' Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. ' ' - RESOLUTION NO. 600-98 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and · - Whereas. the premises to be Regular Session, December 21, 1998 477 occupied by such applicants were inspected and found to comply with the Ordinances of this City and have fl~ed proper bends. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit CLASS "C' BEER PERMIT Molo Oil Co. Big 10 Mart +(Sunday Sale) 9th &Centrei Ave Angel Inv. Co Casey's General Store +(Sunday Sale) . 2699 Rockdeie Rd Passed, approved and adopted this 21st day December, 1998. Terrenca M. Duggan, Mayor Attest: Mary A Davis, City Clerk Voatberg moved adoption, of the Resolution. Seconded byBuei. Motion carried 7-0. RESOLUTION NO. 601-98 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 eli City Ordinances relevant thereto and they have tiled proper bonds. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be author[zed to cause to be issued the following named applicents a Liquor License. CLASS "C" (COMMERCIAL) LIQUOR LICENSE L & M Wharf Michael's Bar × + (Sunday Sale) 2616 Windsor Ave Delores G. Weber Ten Pin Tap +(Sunday Sole) 601 Rhomberg Ave David Hoffman White House 450 W Locust St Dubuque County His~oricel Soc. Ryan House +(Sunday Sole) 1375 Locust St Kinsath Hotel Corp Holiday Inn 5- Flags+(Sunday/Outdoor) 450 Main St WCB Hotels, Inc. Hoffman House/ 3100 Club + (Sunday/Outdoor) 3100 Dodge St Passed, approved and adopted this 21st day of December, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carded 7-0. BOARDS AND COMMISSIONS: IndMduals are invited to address the Council to express their desire to serve on vadous Boards/Commissions. HUMAN RIGHTS COMMISSION: Applicants - Kathy Blau, Rev. Kris KJncaid, Thomas Determan, Katherine Stevens, Ruby Sutton. Kathy Blau, ' Thom Daterman, Ruby Sutton all spoke requesting consideration. Robbins moved that the rulss be suspended to allow anyone present to address the Council if they so desire. Seconded by BuoL Motion carried 7-0. Proof Of publication certified to by the Publisher on Notice of Public Heating to consider disposing of City's interest in Lots 24A and 24B of Morgan's Subdivision (Vacated portion of Corneli Street and adjacent a~ley between 16th & 17th Streets) and City Manager recommending to proceed with sale, presented and read. Buol moved that the proof and communication be received and tiled. Seconded by Robbins. Motion carried Run White spoke reque~ng approval of sale. RESOLUTION NO. 602-98 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circuiafion published in the City of' Dubuque, Iowa on 11th day of December, 1998, the City Council of the City of Dubuque, iowa met on the 21st day of December, 1998, at 7:00 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque; County, Iowa to consider the proposal for the sale of reel estate described as: Lot 24A and Lot 24B of Morgan!s SubdMeion in the City of Dubuque, iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such reel estate, except for easement as noted. NOW THEREFORE, BE IT 478 Regular Session, December 21, 1998 RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sa~e of City of Dubuque real property described as Lot 24A of Morgan's Subdivision in the City of Dubuque, Iowa m Ronald R. White be aha the same is hereby approved for the sum of $775.00 plus cost of publication, platting and filing fees and that the sale of City of Dubuque real property described as Lot 24B of Morgan's Subdivision in the City of Dubuque, Iowa to Mark Klinkhammer be and the same is hereby approved for the sum of $125.00 plus cost of platting. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authored and directed to execute Quit Claim Deeds and the City Clerk be and is hereby authorized and directed m deliver said deeds of conveyance To Ronald R. White and Mark Klinkhammer upon receipt of the purchase orice in full Section 3. That the City Clerk be and is hereby authorized and directed to record a cer~ed copy ofthis resolution ,n the offce of the City Assessor, Dubuque County Recorder and Dubuque Coumy Auditor. Passed, approved and adopted this 21 st day of December, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried ~'-0. Proof of publication ced~fied to by the Publisher on Notice of Public Headng m consider disposing of City's interest in Lo1 72A of West~{ew' SubdMsien (Vacated Dor~ons of 28th Street and Brunswick Street) and City Manager recommending to proceed with sale. presented anc read. Markham movec that the proof and communication be received and. filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 603-98 Whereas, pursuant to reeolution and published notice of fime and place of hearing, published in the Telegraph Hera[d, a newspaper of general - cireulatier, published in the City of Dubuque, Iowa on 11th day of December, 1998, the City Council of the City of Dubuque, Iowa met on the 21st day of December. 1998, at 7:00 p.m. in me Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot 72A of Westview Subdivision in the City of Dubuque, Dubuque County, iowa: and Whereas. the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written To the proposal to sell such real ss[ale. 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 72A of Westview SubdMsien in the City of Dubuque, Iowa to John R. and Margaret B. Horn be and the same is hereby approved faf the sum of $475.00 plus cost of publication: platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. A perpetual easement including the fight of ingress and egress thereto, for the purpose of erecfing, installing, construction, reconstructing, repaifing, owning, operating, and maintaining wa~er and sewer service lines to serve the N1/2 of. Lot 63 and Lot 64 of Belmont Add,on shafi be established as shown on the plat of Lot 72A of Westview SubdMsien. - Section 3. That the Mayor be author~ed and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed ro deliver said deed of conveyance to John R. and Margaret B. Horn upon receipt of the eurchsse DfiCe in full. Section 4. That the C~ Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor,. Dubuque County Recorder and Dubuque County Auditor. Passec, approved and adopted this 21 st day of December, 1998. Terrence M. Duggan, Mayer Attest Mary A. Davis, City Clerk Markham moved aeeetion of the Resolution. Seconded by Robbins. Motion carried 7-0. Roger Kunde requesting Council direction regarding relocating salvage yard, presented and read. Nicholson moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 Mr. Kunde spoke requesting direction. Reqular Session, Corporation Counsel submitting an Ordinance exempting City Manager and Assistant City Manager from serving on City Boards and Commissions~ presented and read. Michalski moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. An Ordinance Amending Sectioa 2- 42(8) of City Code providing that City Employees are not eligible for appointment to any Committee, Board or Commission of the City by exempting the City Manager and the Assistan[ City Manager therefrom, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 80-98 AN ORDINANCE AMENDING SECTION 2-42(8) OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROVIDING THAT CITY EMPLOYEES ARE NOT ELIGIBLE FOR APPOINTMENT TO ANY COMMITTEE, BOARD OR COMMISSION OF THE CITY BY EXEMPTING THE CITY MANAGER AND THE ASSISTANT CITY MANAGER THEREFROM. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seciioa 1. Sec. 242(8) of the C~of Dubuque Code of Ordinances is amended to read as follows: (h) City Employees Not Eligible: City employees, other than the City Manager and the Assistan[ City Manager, are not eligible fer appointment to any committee, board or commission. A committee, board or commission member employed by the City shell be deemed removed from such office as of the date of employment by the City. Section 2. This Ordinance shell take effect upon publication. Passed, approved and adopted this 21st day of December, 1998. Terrance M. Duggan, Mayor Attast Mary A. Davis, City Clerk Published efficielly in the Telegraph Herald newspaper this 31at day of December, 1998. Mary A. Davis CMC, City Clerk It 12/31 Michaiski moved that the requirement that a proposed Ordinance be considered and voted on for December 21, 1998 479 passage at two Council Meetings prior to the meeting at which it is to be finally passed De suspended. Seconded ~y Buol, Motion carried 7-0. Michaiski moved final consideration and passage of the Ordinance_ Seconded by Budi. Motion carried 7-0. City Manager recommending approval and execution of Loan Agreement between the City of Dubuque and Bishop's Block Limited Partnership, presented and read. Michalsk~ moved that the communication be received and tiled and approved recommendation. Seconded by Markham. Motion carried 7-0. Zoning Advisopj Commission advising of their denial to reclassify property at 4100 Asbunj Road from AG to C-2 and C-3 Districts as requested by Tim and Sara Hilby, presented and read. Nichdison moved thal the communication be received and file(:_ Seconded by Markham. Motion carried 7-0, Tim & Sara Hilby spoke reque~ng a public hearing to change a C-3 lotto C- 2. An OrdinanceAmending Zoning Map by reclessifying property at 4100 Asbury Road from AG Agricultural District to C-2 Neighborhood Shopping Center District and C-3 General Commercial District. presented and read. Nichdison moved that this Ordinance be referred to the Zoning Advisory Commission. Seconded by Markham. Motion carded 7-0. Zoning Advisop/ Commission advising of their approval to reclassify property at 35 NoAh Booth Streat from OR to OS-(ex~ng YMCA-YWCA property), presented and teac. Budi moved that the communication be received and filed. Seconded by Nichdison. Motion carried 70. An Ordinance Amending Zoning Map by reclassifying preperty at 35 North Booth Street from- OR Office Residential District to OS Office Service District and rezone property west and east of the YMCA-YVVCA Building from R-1 Single-Family Residential District to OS Office 480 Regular Session, December 21, 1998 Service Distdc~. presented and read, Buo[ moved that the requirement that a proposed Ordinance be considered anc voted on for passage at two Council Meetings pdor to the meeting at which it is to be flnat[y passed be suspended. Seconded by Nichoison. Motion carded 7-0. Buol moved that a Public Hearing be herd or the proposed Ordinance on the 4th day of January, 1999 au 7:00 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner required by law. Seconded by Nicholson. Motion carded7-0. Zoning Advisory Commission advising of their approval to reclassify properoj North of 2275 Elm St. from R- 2A to CS District as requested by Todd Schmitz, presented and read. Buot moved that the communication be receivec and filed. Seconded by. Robbins. Motion carried 7-0. An Ordinance Amending Zoning Map by reclassifying property located North of 2275 Elm Street (Lot 2 of Ambling Subd.) from R-2A Alternate Two-Family Residential Distfic~ m CS Commercial Se~ce and Wholesale Distdct presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting au which it is to be finally passed be suspended Secondec by Robbins: Motion carded 7-0 Buol moved that a Public Hearing be held on the: proposed Ordinance on the 4th day of January, 1999 at 7:00 p.m. in the Public Library Auditorium and direct the City Clerk m publish notice in the manner prescribed by law. Seconded by Robbins. Motion carded 7-0. - ' Zoning Advisory Commission advising of their approval to reclassify property South of A~bury Road and , west of the Northwest Arterial from AG ana C-3 District to PUD with a PC and PR designation reoussted by QHQ Properties/Mike Quagliano, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried An Ordinance Amending Zoning" Map be reclassifying property South of Asbury Road and west of the Northwest AKerial from AG Agricultural Distdct and C-3 General Commercial Distdct with conditions to a PUD Panned Unt Deveopment with a PC Planned Commercial and PR Planned Residential zoning designation, presented and read. Buol moved that the requirement that a 9ropossd Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Motion carded 7-0. Buol moved that a Public Hearing be held on the proposed Ordinance on the 4th day of January, 1999 at 7:00 p.m. in the Public Library' Auditorium and that the City Clerk publish notice in the manner 9rescdbed by law. Seconded by Robbins. Motion carded 7-0. Zoning Advisory Commission advising of their approval of a text amendment to Zoning Ordinance regarding regulations for towers and antennas, presented and read. Buol moved that the communication be receivec and tiled. Seconded by Robbins. Motion carded 7-0. '.-~"- An Ordinance Ame&~ing A~pendix "A' of the Code of Ordinances (Zoning Ordinance} by adding Section 4-9 to establis~ regulations for towers and antennas, presented and read Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at ~wo Council Meetings pdor tothe meeting- at which it is to be finally passed be suspended. ¢ Seconded by Robbins. Motion carded 7-0~ Buol ~oved thata - Public Headng be -'held on the - proposed Ordinance bn the 4th day of January, 1999 at 7:00 p.m. in the Public Libranj Auditorium and that the City Clerk publish notice in the manner prescribed ;by law. Seconded by Robbins. Motion carried 7-0. City Manager submitting documents providing for cdnstruction of 'Key Corners Storm Sewer Extension, presented and read. Michaiski moved that the communication be received and tiled. Seconded by Markham. Motion'carded 7-0 Regu ar Session, December 21, 1998 481 RESOLUTION NO. 604-98 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 cos[ for the Key Comers Storm Sewer Extension, i~ the estimated amount of $55,637.06, ars hereby approved and ordersd filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 21st day of December, 1998. Temanca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michaisk~ moved adoption of the Resolution. Seconded by Markham. Motion carried 7-C. RESOLUTION NO. 605-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Counml of. the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on ~e in the office of the City Clerk for public inspection of the Key Corners Storm Sewer Extension. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 18th day of Janua~', 1999, a public hearing will be held at 7:00 p.m. in the Public Library Audftodum au which time interssted persons may appear and be hearc for or against the proposed plans and specifications, form of contract and cost of said improvement and the City Clerk be and is hersby directed to cause a notice of time and place of such hearing to be published in a newspaper having general ciroulatJon in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than ~wenty days prior to the day fixed for its consideration. At the heating, any interested pemo~ may appear and tile objections to the proposed plans, specifications, conltacf, or estimated cost of the improvement. Passed, adopted and approved this 21st day of December, 1998. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Michalstd moved adoption of the Resdiution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 606-98 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Key Corners Storm Sewer Extension is hereby ordersd [o be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a par~ of the plans and specificafJons heretofore adopted. That the City Clerk is hereby directed to adver~se for bids for the construdi~on of the improvements herein provided, 1o be published in a newspaper having genersJ circulation in the Cf~y of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-~ve days prior to the receipt of said bids at 2:00 p.m. on the 7th day of January, 1999. Bids shall be opened and read by the City Clerk at said flee and will be submitted to the Counc~ for final action at 7:00 p.m. on the 18th day of January, 1999. Passed, adopted and approved this 21st day of December, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis. City Clerk Michalsld moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. At 7:52 p.m. Michaiski movedto go into Closed Session ~n accordance with Chapter 21.5 1.(j) To discuss the purchase of pa~cular real estate where prematurs disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Buol. Motion carded 7-0. At 8:45 p.m. Counc] reconvened Regular Session with statement that Staff had been grven direction. There being no further business, Michaisld moved to adjourr the meeting. Seconded by Budi. Motion carded 7-0. The meeting adjourned at 8:49 p.m. Regular Session, December 21, 1998 /s/Mary A. Davis CMC City Clerk / 1999 1999 Council Mercbers~ . City Cle,r/~