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2001 April Council Proceedings . Special Session, April 2, 2001 97 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Monday, April 2, 2001 At 5:00 P.M. Council had dinner In the Second Floor Rotunda 01 the Public Library At 5:30 P.M. Councii convened in the Special Session in the Public Library Auditorium Present: Mayor Pro-Tem Markham, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent: Mayor Duggan. Mayor Pro-Tern Markham read the call and stated this is a special session of the City Council calied for the purpose of discussing signage. . Sue Czeshinski of the Convention and Visitors Bureau spoke concerning downtown directional signage. Upon consensus the special meeting adjourned at 6:17 P.M. Isl Jeanne F. Schneider City Clerk . Adopted: 2001 2001 Council Members 98 Regular Session, April 2, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council. Regular Session, April 2, 2001 Council Met in Regular Session at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Miliigen, Corporation Counsel Barry Lindahl. Mayor Duggan read the cali and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Murray Phillips, Director of the Dubuque Rescue Mission PROCLAMATION: CASA Child Advocate Day (April 5, 2001) received by Cindy Juncker, Coordinator of the Casa program. Tammy Pfab and Cinda Welu of the Old House Enthusiasts gave a presentation and donated funds for the Shot Tower Study. CONSENT ITEMS Minutes Submitted: Airport Commission of 3/19; City Council Proceedings of 3/19', Environmental Stewardship Advisory Com- mission of 3/13; Five Flags Commission of 3/19; Human Rights Commission of 2/12; Zoning Board of Adjustment of 3/22, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Proofs of Publication of Council Proceedings for 2/26, 2/27, 2/28, 3/5. and 3/6, presented and read. Buol moved that the proofs be received and filed. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: Steven Althoff in undetarmined amount for property damage and loss of business; Cottingham & Butler's subrogation claim in undetermined amount for Judy Kaiser; Guy Gard in undetermined amount for property damage and loss of business; Beth Lenstra in estimated amount of $482.21 for vehicle damage; Allan .Sauser in undetermined amount for vehicle damage; Steve Vinson in estimated amount of $250 for vehicle damage; David A. and Ellen Willis in undetermined amount for property damage. and loss of business; Clark W. Wolff in undetermined amount for property damage and loss of business, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Nicholson. Motion carried 7.0. Corporation Counsel advising the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Mi-T-M Corporation for vehicle damage, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending that the claim of Annella Meyer for property damage be administratively closed, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending settlement of the claim of Richard Michels (previously denied) in the amount of $314.98 for vehicle damage and that the Finance Director be directed to issue the appropriate check, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation and Finance Director to issue check. Seconded by Nicholson. Motion carried 7-0. Communications: Communication from David W. Leifker regarding the Town Clock Plaza, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Communication from property owners on Booth Street expressing dissatisfaction with the Booth Street repaving project, presented and read. Buoi moved that the communication be received and filed and referred to the City Manager. Seconded by Nichoison. Motion carried 7-0. Communication from Robert P. Willis, 3921 Columbia, Des Moines, lA, regarding the Iowa Tax Shift Plan, Buol moved that the communication be received and med and referred 10 the City Manager. Seconded by Nicholson. Molion carried 7-0. Request of Dubuque Golf and Country Club to display fireworks on July 4, 2001 on the Golf and Country Club grounds, presented and read. . Regular Session, April 2, 2001 99 Suo! moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson, Motion carried 7-0. Communication from Mick J. Michel, City Manager of East Dubuque, Illinois, regarding the possibility of the City providing transit service to East Dubuque on a contractual basis, presented and read. Suol moved that the communication be received and flied and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Dubuque Racing Association: City Manager recommending approval of a request from the Dubuque Racing Association to amend the 2001 ORA Capital Improvement Program schedule, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion carried 7-0. . Joint Labor Management Health Care Committee Agreement D Amendment: City Manager recommending approval of. an amendment to the Joint Labor Management Health Care Committee Agreement extending the agreement through June 30, 2002, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion carried 7-0. Empioyee Assistance Program Services: City Manager recommending an agreement between the City of Dubuque and Mercy Medical Center to provide employee assistance services to City of Dubuque employees and their family members, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion carried 7-0. Historic Preservation Commission - Historic Preservation Programs: Communication from the Historic Preservation Commission expressing their appreciation for the City Council's support of the new historic preservation initiatives, incentives and ordinance amendments, presented and read. 6uol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. . Old Main Historic Preservation District: Communication from the Historic Praser/ation Commission commending the Mayor and City Council for providing financial assistance for business retention and repair of the buildings located in the Old Main Historic Preservation District, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Senate File 168: CommuQication of City Manager to area legislators urging opposition to Senate File 168, which pertains to the granting or competing cable television franchises, presented and read. Suol moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion earned 7-0. HUD Funding Application for Homeless Assistance: City Manager recommending approval of an application to the U.S. Department at Housing and Urban Development for assistance to homeless families and individuals. presented and read. Suol moved that the communication be received and filed and concurred with the recommendation, Seconded by Nicholson. Motion carried 7-0. Penalties for Tobacco Permit Holders: City Manager recommending that a hearing be set for April 16, 2001 tor six businesses for underage tobacco sales, presented and read. Suol moved that the communication be received and filed and set Hearing for 4-16-01 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by iaw. Seconded by Nicholson. Motion carried 7-0. School Resource Officer Program: City Manager recommending approval of a grant application for the School Resource Officers (SRO) Program, presented and read. Buol moved that the communication be received and tiled and concurred with the recommendation. Seconded by Nicholson. Motion carried 7-0. Amendment to the Amended Development Agreement with Platinum Hospitality, Inc., and Site Access Agreement: City Manager recommending approval of an Amendment to the Amended Deveiopment Agreement with Platinum Holdings, LLC to establish a new ciosing date of May 15, 2001, and a Site Access Agreement for property on the Fourth Street Peninsuia, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 118-01 APPROVING SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND PLATINUM HOLDINGS, LLC Whereas, the City of Dubuque (City) and Platinum Holdings, LLC (Developer) have entered into a Development Agreement pursuant to which City will lease to Developer certain real property for Developer's construction and operation of a hotel and water park; 100 Regular Session, April 2, 2001 And Whereas, the Closing Date established in the Amended Development Agreement is March 15, 2001;0 And Whereas, City and Developer now desi re to further amend the Development Agreement to establish a new closing date of May 15, 2001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Second Amendment to Development Agreement attached hereto is hereby approved. 2. The Mayor is authorized and directed to sign the Second Amendment on behalf of the City, Dated this 2nd day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Buol moved adoption of the Resolution, Seconded by Nicholson, Motion carried 7-0. Business License Refunds: Request from Madhatters, Inc, and Family Beverage Center for a refund of their cigarette licenses in the amount of $25.00 each, presented and read. Buol moved that the communication be received and filed and approved refunds, Seconded by Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO. 119-01 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a penmit to sell Cigarettes and Cigarette Papers within said City. NEW A & B Tavern Mullnc 2600 Central Ave Passed, approved and adopted this 2nd day of April ,2001, Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Buol moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 7-0, RESOLUTION NO, 120-01 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicaots a Beer Permit. CLASS "C" BEER PERMIT A & T, LLC Plaza 20 AMOCO +(Sunday Sale) 2600 Dodge St Passed, approved and adopted this 2nd day April,2001 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson, Motion carried 7-0. RESOLUTION NO. 121-01 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "A" (CLUB) LIQUOR LICENSE Dubuque Lodge # 355 Loyal Order of Moose+(Sunday Sale) 1166 Main St CLASS "C" BEER/LIQUOR LICENSE DBQ Inc. Shot Tower Inn +(Sunday Sale) 390 Locust St Chad Streff Whiskey River + (Sunday Sale) 1064 University Ave Marco's Inc, Marco's Italian American Food 2022 Central Ave Donna Ginter West Dubuque Tap+(Sunday Sale) 1701 Asbury Rd Neighbor's Inc. Neighbor's Tap 1899 Rockdale Rd Tugboat Willys Inc. Tugboat Willys + (Sunday/Outdoor Sales) 1630 E 16th SI Passed, approved and adopted this 2nd day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Suol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Appointments to the following Boards Commissions: CIVIL SERVICE COMMISSION: Applicant: Merle J. Duehr, Jr. Mayor Duggan made the reappointment of Merle J. Duehr, Jr. for a four year term which will expire 4-6-05, Michalski moved to approve the appointment. Seconded by Markham. Motion carried 7-0. . Regular Session, April 2, 2001 101 MECHANICAL CODE BOARD: Applicants: David W. Grothe, Tom W. Giese. Markham moved that David W. Grothe and Tom W. Giese be reappointed 10 terms which will expire 3/16/02. Seconded by Cline. Motion carried 7-0. PUBLIC HEARiNGS Michalski moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carried 7- O. 1999 P.C. Concrete Paving Project - No, I (Bryant, Booth, and Van Buren) Reconstruction Project: Proof of publication on notice of hearing on a new watermain and sanitary sewer assessment added to the project at the request of a property owner, presented and read. Markham moved that the proof be received and filed. Seconded by Nicholson, Motion carried 7- O. . RESOLUTION NO, 122-01 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE AMENDED 1999 P,C, CONCRETE PAVING PROJECT CJ NO, 1 (BRYANT STREET, BOOTH STREET, AND VAN BUREN STREET) INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF_ NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That aher full consideration at the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the amended 1999 P.C. Concrete Paving Proiect 0 NO.1 (Bryant Street, Booth Street, and Van Buren Street) under contract with Horsfield Construction, Inc. of Epworth, Iowa, which final plat and schedule were tiied in the office of the City Clerk on the 28" day of March, 2001, the said scheduie at 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 finc.1 schedule of assessments as deficiencies are found to be proper and levied conditionally against the respectIve properties . benefited by the improvements as shown in the schedule, subject to the proVisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said scheduie to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than @een days from the date of filing of the final schedule. Qn or before the date of the second publication of the notice, the Cily Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessrnents may be paid in luil or in part without interest at the office of the County Treasurer, at any lime within 30 days after the date of the first publicalion of this notice of the filing of the final schedule of assessments with the County Treasurer. Aher 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates at the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 2"' day of Aprii, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk BOOTH, BRYANT, & VAN BUREN STREET FINAL ASSESSMENTS BOOTH STREET (DODGE TO FIFTH) DEFICIENCY WATER SERVICE TOTAL CITY OF DUBUQUE IA D.O.T. LOT $919.13 CITY OF DUBUQUE IA D.O.T.LOT $2,103.55 MIN. LOT 158 YMCA. YWCA CORPORATION, THE BAl. 2-1- 2-1-1-5 10-26.426-015 $301.90 YMCA-YWCA BUILDING CORP.. THE 2-2,1-1-1-4 10-26-426-006 $2,037.46 YMCA-YWCA BUILDING CORP.. THE S.32.55'-S.182.55'-S.Pt.-2-3 10-26-426-006 W/2-2-1-1-1-4 NORTH BOOTH STREET PLACE YMCA-YWCA210-26-426-011 $94.36 51,498.12 $1,498.12 WEIDENBACHER,DAVID L. 1 10-26-426-010 51,981.33 $0.00 51,981.33 MIN. LOT 158 102 Regular Session, April 2, 2001 SCHUMACHER, MARY M. 1-1-N.Pt.-2-3 10- 26-426-009 S2,254.11 HENNING,WILLlAM G. & DIANE M. 2-1-N.Pt.- 2-310-26-287-025 $816.18 $2,844.57 WEBER, DAVID J. & WALTERS, MELINDA J. 2-N.Pt.-2-3 10-26-287-024 $1,401.86 $798.78 $2,200.64 DIAMOND PLACE YMCA-YWCA BUILDING CORP.. THE 2-210- 26-426-004 $724.36 $538.12 $0.00 $538.12 YMCA-YWCA BUILDING CORP.. THE 2-110- 26-426-004 W/2-2 HENNING,WILlIAM G. & DIANE M. 1-110-26- 287-012 $611.57 $830.52 $830.52 SUNNYSIDE ADD. PARADISO, PHILIP O. & SUSAN A. 37 10-26- 287-023 $0.00 $1,088.09 $807.48 $1,895.57 BELKEN, SCOTT J. & LUDOVISSY, SHANNON M. 36 10-26-287-022 $0.00 $1,088.09 $0.00 $1,088.09 ALBERT, GREGORY K. & DEBRA J. 35 10-26- 287-021 $0.00 $1,088.09 $798.78 $1,886.87 BROWN, YVONNE 34 10-26-287-020 $0.00 $1,088.09 $798.78 $1,886.87 BASSLER, EUGENE P & GENEVIVE F. 33 10- 26-287-019 $978.77 $781.37 $1,760.14 WALSH, KEVIN J. 32 10-26-287-018 $0.00 $672.34 $0.00 $672.34 O'NEILL'S SUB, KUBESHESKI, JOHN T. & LENORE S.58'.110- 26-282-015 $711.56 $807.07 $1,518.63 GHEER, RICK l. & DEBORA J.N. 2'-1 10.26- 282-014 $911.71 $911.71 GHEER, RICK L. & DEBORA J. S.38'-21 0-26- 282-014 W/N.2'-1 REDING, CHRISTOPHER N. & CINDY K. N22'- 210-26-282-013 $1,015.21 $807.07 $1,822.28 LORENZ, MATHIAS K. aka LORENZ, MATHIAS KIEBEL W.30'-3 10-26-282-007 $0.00 $0.00 $0.00 $0.00 LORENZ, MATHIAS K. aka LORENZ, MATHIAS KIEBEL E.1 0'-41 0-26-282-007 WI'N .30'-3 SANDERS, WILLARD N. & JOYCE H. W.40'-4 10-26-282-006 $0.00 $0.00 $0.00 $0.00 O'NEILL'S NO.2 SUB. REDING, CHRISTOPHER N. & CINDY K. S.18'-810-26-282-013 W/N.22'-2 SLATTERY, ROGER T. N.40'-8 10-26-282- 012 $0.00 $1,015.21 $807.07 $1,822.28 HOUSELOG, ROBIN J. S.1/2.9 10-26-282- 011 $0.00 $736.86 $807.07 $1,543.93 GOEDERT, RUTH N1/2-910-26-282-010 $0.00 $736.86 $807.07 $1,543.93 O'BRIEN, JULIE A. 10 10-26-282-009 $0.00 $1,473.98 $807.Q7 $2.281.05 OAKWOOD INVESTMENTS G.P. 11 10-26- 282-008 $0.00 $1,473.98 $0.00 $1,47398 KUEHNLE'S SUB. SPANGLER, RICHARD J. & DARLENE L. S.49'9"-2 10-26-278-026 $0.00 $1,289.76 $0.00 $1,289.76 SPANGLER, RICHARD J. & DARLENE L. W .28' -N.9.2' -210-25-357-026 W/S.49'9"-2 TOMMARO, MERLYN C. E.72'-N9.2'-2 10-26- 278-02550.00 $1,166.02 $0.00 $1,166.02 PI. MIN LOT 159 TOMMARO, MERLYN C. N.38'1"-S.39'9"- E1 00' -N 1/2-1-2-8 10-26-278-025 W/E.72'-N.9.2'-2 COLLINGS, WILLIAM N. N.17.5'.1-2-8 10-26- 278-022 $0.00 $1,961.08 5807.Q7 $2,768.15 COLLINGS, WILLIAM N. 1-810-26-278-022 W/N.17.5'-1-2-8 S.M. LANGWORTHY ADD. POWERS, MICHAELJ. & KARLA A. 1 10-26- 278-021 $0.00 $1,633.90 $0.00 $1,633.90 TWINING, ROBERTT. & CONSTANCE l. 210- 26-278-020 $0.00 $1,549.89 $0.00 $1,549.89 AYLERS, JACK l. & JO ANN l. 310-26-278- 019 $0.00 $1,551.15 $807.07 $2,358.22 HAEGER, ANNE MARIE F/K1A ANNE MARIE RANDOLF410-26-278-018 $0.00 $1,552.17 $807.Q7 $2,359.24 WALLACE, JOSEPH E. & CHARLOTTE S.50'-5 10-26-278-017 $0.00 $1,265.22 $807.07 $2,072.29 WALLACE, JOSEPH E. & CHARLOTTE S.50'-6 10-26-278-017 W/S.50'-5 LIVElY, MICHAEL E. & SHARON K. S.50'- N.112.9'-510-26-278-007 $0.00 $2,071.16 $859.69 $2,930.85 LIVELY, MICHAEL E. & SHARON K. N.62.9'-N.112.9'-5 10-26-278-007 W/S.50'-N.112.9'-5 HUSEMANN, LAWRENCE J. N.112.9'-6 10-26- 278-00650.00 $785.70 $0.00 $785.70 SZYMANSKI,GEORGE l. 710-26-278-005 $0.00 5618.44 $0.00 $618.44 KUETER, CHRISTOPHER J. & GRETCHEN S. 1.810-26-278-004 $0.00 $157.39 $0.00 $157.39 T.S. NAIRN'S DUB. ADD. LENSTRA, TERRANCE P. & JULIE L. W.25.3'- N.117.5'-2310-26-279-001 $0.00 $1,424.13 $0.00 $1,424.13 FUERST, STEVEN A. E.24.7'-N.117.5'-2310- 26-279-002 $0.00 $1,549.13 $0.00 $1,549.13 FUERST, STEVEN A. N.117.5'-24 10-26-279- 002 W/E.24.7'.N.117.5'-23 TOPF, MARK & ELIZABETH M. 25 10-26-279- 001 $0.00 $434.48 $0.00 $434.48 KERSCH, MATTHEW J. & COLLEEN M. S.46'- 2410-26-279-005 $0.00 $1,164.00 $616.04 $1,780.04 KERSCH, MATTHEW J. & COLLEEN M. S.46'-2310-26-279-005 w/S.46'-24 OLDS, ROY D. & ANGELA M. N.40'-22 10-26- 279-006 $0.00 $1,094.16 $0.00 $1,094.16 CORRIGAN, GERALD T. & ANNA M. S10'-22 10-26-279-007 $0.00 $1,094.16 $616.04 $1,710.20 . Regular Session, April 2, 2001 103 . CORRIGAN. GERALD T. & ANNA M. N.30'-21 10-26-279-007 wIS.10'-22 DRURY, ROBERT N. & POLLY J. S.20'-21 10- 26-279-008 $0.00 S 1.094.16 $616.04 $1,710.20 DRURY. ROBERT N. & POLLY J. N.20'-20 10-26-279-008 w/S.20'-21 CAPEL, KRISTINE K. + COYLE, DANIAL J. S.30'-20 10-26-279-009 SO.OO $1,094.16 $598.63 51,692.79 FEDERAL NATIONAL MORTGAGE ASSOC. N.10'-1910-26-279-009 w/S.30'-20 VAHL, WILLIAM H, & RUTH H. S.40'-1910-26- 279-010 $0.00 $1,094.16 $633.44 $1,727.60 LUENSMAN, RICHARD J. & HAINES, CYNTHIA 18 10-26-279-011 50.00 $1,367.95 $616.04 51,983.99 CRAY, GREGORY & NANCY J. 17 10-26-279- 012 $0.00 $1,367.95 $0.00 51,367.95 CRAY, GREGORY & NANCY J. 16 10-26-279- 013 $0.00 $1,367.95 $0.00 51,367.95 NOEL, JOHN L. & RITA M. 15 10-26-279-014 $0.00 $1,367.9550.00 Sl,367.95 S.M. LANGWORTHY'S SUB. BURKE, STEVEN W. & BRENDA G. 12 10-26- 283-001 $0.00 $2,053.97 $0.00 52,053:97 BURKE, STEVEN W. & BRENDA G. (to be paid by city) 10-26-283-001 $240.00 $0.00 $240.00 KREASSIG, MELVIN J. 11 10-26-283-002 $0.00 $865.65 $0.00 $885.65 CONNOLLY, JAMES B. N.36'-10 10-26-283- 003 SO.OO $984.845616.04 51,600.68 SULLIVAN, TERRENCE JAMES & SHEILA BLAHA S.18.5-10 10-26-283-004 50.00 $1,997.025616.04 52,613.06 SULLIVAN, TERRENCE JAMES & SHEILA BLAHA 910-26-283-004 wiS. 18.5'-1 0 UDELHOFEN, JEFFREY W. & DENISE A. 1-1- 2-N.-23.5'-7&8 10-26-283-005 $0,00 $1,504.59 S598.63 52,103.22 ERSCHEN, ROBERT J. & JUANITA M.2-1-2- N.23.5'-7&8 10-26-283-006 $0.00 51,946,91 $0.00 51,946.91 ERSCHEN, ROBERT J. & JUANITA M.2- 2N.23.5'- 7&8 10-26-263-006 W/2-1-2-N.23.5'-7&8 ERSCHEN, ROBERT J. & JUANITA M. 1- N.23.5'-7&810-26-283-006 W/2-1-2-N.23.5'-7&8 DUBUQUE COUNTY S.26'-61 0-26-288-001 $0.00 $724.97 $0.00 $724.97 GRANT, RODNEY J. & PEGGY ANN 510-26- 288-002 $0.00 $1,367.95 $0.00 $1,367.95 BROSE, MILDRED E. 4 10-26-288-003 50.00 $1.367.95 $0.00 $1,367.95 KELLER, JOSEPH A. & ROBEY, KAREN JO 3 10-26-288-004 $0.00 $1,367.95 $0.00 $1,367.95 RIES. MILO L. & MARY JO E.58'-210-26-288- 006 $0.00 S482.55 $0.00 S482.55 . RIES, MILO L. & MARY JO E.58'-N.23'-1 10- 26-288-006 _ W/E.58'-2 SCHUSTER. DANIEL,D W.64'-2 10-26-288- 005 50.00 51,514.72 SO.OO $1,514.72 SCHUSTER, DANIEL 0 W.64'-N.23'-1 10-26- 288-005 W I'N .64'-2 NEVADA PARK RESUB. OAKWOOD INVESTMENTS 1-2-23,24, & 2510- 26-290-001 $0.00 $1,943.37 $0.00 $1,94337 BLY, ALAN G. & CAROL L. 2-2'23,24. & 2510- 26-290-002 $0.00 $846.94 50.00 $846.94 BREITBACH, THOMAS C. & TAMMY L 1-23,24, & 2510-26-290-003 $0.00 $479.01 $0.00 $479.01 BURDS, MiCHAEL W. & NACOS-BURDS, KATHLEEN J.22.00 10-26-427-001 $0.00 52,654.17 $642.14 $3,296.31 BURDS, MICHAEL W. & NACOS-BURDS, KATHLEEN J.21 10-26-427-001 W/22 BURDS, MICHAEL W. & NACOS-BURDS, KATHLEEN J.N1/2-20 10-26-427-001 WI22 KEARNEY. JAMES V. & PATRICIA A. S1/2-20 10-26-427-002 $0.00 $1,559.51 $0.00 $1,559.51 KEARNEY, JAMES V. & PATRICIA A. 2-19 10- 26-427-002 W/S1I2-20 KEARNEY, JAMES V. & PATRICIA A. 1-19 10- 26-427-002 W/S1/2-20 BIlliNGTON, MARY E. 2-1810-26-427-003 SO.OO $2,044.84 $0.00 $2,044.84 BILLINGTON. MARY E. 1-1810-26-427-003 W/2-18 BILLINGTON, MARY E. 1-17 10-26-427-003 W12-18 BILLINGTON, MARY E. 2-17 10-26-427-003 W/2-18 TIPPE, LEO E. & ELAINE T. '-16 10-26-427- 004 $0.00 $2,091.15 50.00 52,091.15 TIPPE, LEO E. & ELAINE T. 2-1610-26-427- 004 W/1-16 TIPPE, LEO E. & ELAINE T. 15 10-26-427-0040 W/1-16 BRY ANT STREET DEFICIENCY NET PAV WATER SERVICE TOTAL SULLIVAN'S SUB. Herrig, Sally Jo (Contract lrom Earl & Rosemary Tegeler)l $0.00 52,020.58 $0.00 $2.020.58 Hancock-Shaffer Partnership 2-2 $0.00 S499.76 $0.00 S499.76 Hartman, Doris 1-2$0.00 51.109.37 $0.00 $1,109.37 S & S Investments 3 $0.00 $1,215.78 $0.00 $1,215.78 Hancock-Shaffer Partnership 2-5 w/2-2 MIN. LOT 47 Fuerste, Ann V 2-2S0.00 $939.50 $676.95 Sl,616.45 UNION ADD. Schmitt, Rachel J. 2-152 $0.00 $992.05 SO.OO $992.05 104 Regular Session, April 2, 2001 Hoffmann, Kevin J, & Julie A 1-152 $0,00 $988,35 $0.00 $988,35 Hoffmann, Kevin J, & Julie A, 51/2-151 $0,00 $841,7950,00 $841.79 Merleld, Steven LN1/2-151 $0,00 $836,05 $0,00 5836,05 SAUL'S SUB, Pins, Donald E, & Lawrence J, 1 50,00 $907,67 $0,00 5907,67 Winders, David G, & Mary V,2 $0,00 5901,19 $877.09 51,778,28 Koehler, David L, & Patricia 3 $0,00 5894,72 $877.09 51,771.81 Healey, Patrick E.4 50,00 $1,035,17 50,00 51,035,17 McDermott, Melvin J, & Loretta 5 $0,00 $1,063,8550,00 51,063,85 HOSKIN'S SUB, City of Dubuque 2-5$0,00 $313,29 $0,00 5313,29 Johnsrud, Michael Ray & Kathryn R, 4 $0,00 $1,636.4050,00 $1,636.40 Burkle, Scott J, 3 $0,00 $1,072,73 $746,35 $1,819,08 Kunnert, Robert A, 2 $0,00 $1,426,36 $746,35 52,172,71 Burton, James Michael 2-1 $0,00 $1,736,14 5746,35 52,482.49 Burton, James Michael 1.1 w/2-1 SCHILTZ.CURTIS ST. PL Dubuque Sports Production 1-150,00 51,258,89 $746,35 52,005,24 Close, John F, & Jeanette M, 2-150,00 51,066,26 5746,35 $1,812,61 City of Dubuque1-2S0,00 $184,31 50,00 $184,31 BRYANT HILL SUB, Bryant Suites L.LP, (contract from James Timmerman) 1 50,00 $407,14 $0,005407,14 Timmerman, James p, 2 $0,00 52,326,37 50,00 $2,326,37 MIN LOT 63 Roweil, Richard J, & Patricia M, 2-350,00 51,643,24 $772,67 52,415,91 UNION ADD Lampe, Earl V, & Juan M, 1-2-2-70 & 71 $0,00 $92,89 $0,00 $92,89 Roeth, Mary K, 2-2-2-70 & 71 $0,00 $246.49 $0,00 $246.49 Roeth, Mary K, 1-70 & 71 w/2-2.2-70 & 71 Pregler, Brian 0, 72 50,00 51,292,76 $781,37 $2,074,13 Pregler, Brian D, 1.73 wn2 Doiter, John J, & Jane E, & Adams, Gregory J, & Nancy T, 2-73 50,00 $1,296,2750,00 51,296,27 Sun, Sam H, & Erika M, 2-74 $0,00 $1,124,36 5772,67 $1,897,03 Koester, Walter R, & Alice Louise 2-75 50,00 51,453,75 $772,67 52,226.42 Powers, Milton F, & Helen V,1-74 50,00 $289.42 $0,00 $289.42 Powers, Milton F, & Helen V,1.75 w/1-74 GRACE CLEVELAND AVENUE f'LACE Bodish, Robert A. & Platt, Grace M, 1 $0,00 $126,94 $0.00 5126,94 Brimeyer, Jason J, 2 $0,00 $177,65 50,00 $177,65 UNION ADD Stratton, Ricky R, & Bonnie K, 78 $0,005150.45 $0,00 5150.45 Finn, Dennis J, & Ann R, S,50'-1-76 & 77 $0,00 $944.22 $0,00 $944,22 Finn, Dennis J, & Ann R, (und 1/8 int) 2A-76 & 77 w/S,50'-1-76 & 77 Kelly, John E, (und 1/4 int) 2A-76 & 77 w/1-2-76 & 77 Ternes, John F, (Trustee of Ternes family)(und 1/8 int)2A-76 & 77 w/2-2-76 & 77 Kann, Thomas T, (und 1/2 int.)2A.76 & 77 w/2-S.42'-5-2-76& 77 Kelly, John E, 1-2-76 & 77 50,00 $1,214.48 $0,00 $1,214.48 Ternes, John F, (Trustee of Ternes family) 2-2- 76 & 77 $0,00 $1,276,20 $0,00 $1,276,20 Ternes, John F, (Trustee of Temes family) N,10'-3-2-76 & 77 w/2-2-76 & 77 Finn, Dennis J, & Ann R, S.40'-3-2-76 & 77 w/S,50'-1-76 & 77 Dement, Ira W, & Genevieve E, 4-2-76 & 77 $0,00 $798.49 50,00 $798.49 Dement, Ira W, & Genevieve E, N,8'-5-2-76 & 77 w/4-2.76 & 77 Kann, Thomas T, l-S,42'-5-2-76 & 77$0,00 $599,38 50,00 $599,38 Kann, Thomas T, 2-S.42'-5-2-76 & 77'50,00 $410,63 $0,00 '$410,63 Hoyne, James J, & Lisa A, 1-145 & 146$0,00 $1,450,055694,35 '52,144.40 Hoyne, James J, & Lisa A, 2.145 & 146 w/1-145 & 146 Anglin, Gary R. & Debra T,3-145 & 146$0,00 $684,50 5694,35 $1,378,85 Gneiser, Robert John Ii & Elizabeth J, Runicka- Gneiser 4-145 & 14650,00 $917,6650,00 5917,66 Markus, Brian J, &Michelle M, 5-145 & 146 50,00 $388,60 50,00 $388,60 Markus, Brian J, & Michelle M 6-145 & 146 w/5-145 & 146 Kann, Thomas T, 1.7.145 & 14650,00 518,69 50,00 18,69 Kann, Thomas T, 2-7-145 & 146 w/2-S.42'-5.2-76&77 Healy, Thomas L, & Judy M, 144 50,00 5343,64 50,00 5343,64 Fitzpatrick, Mary C, 143 $0,00 $181,72 $0,00 $181,72 $0,00 543,86 155 175,61 154 w/155 Boland, Daniel R, & Rebecca S, 142 543,86 $0,00 Dubuque Community School District $0,00 5175.61 $0,00 Dubuque Community School District . Regular Session, April 2, 2001 105 . SUB 1 & 8. ML 45-1-ML47 & 153 UNION ADD, Dubuque Community School District 2-1 50,00 52,717.27 $0.00 52,717,27 Dubuque Community School District 1-150,00 $1,354.56 $0,00 $1,354,56 Dubuque Community School District 2 W/2-1 MIN LOT 45 Dubuque Community School District 2 W/2.1 COLUMBIA ADD, Dubuque Community School District 1 50,00 $1,070,70 $746.57 $1,817,27 Dubuque Community School District 2 $0,00 $888.24 $0,00 $888,24 Dubuque Community School District 3 $0,00 $888,24 $720.46 $1,608,70 Trumm, Donald p, & Patricia M, 4 $0,00 $777.21 $659,55 $1.436,76 VAN BURENSTREET LOT DESC NET PAV SIDEWALK SEWER WATERMAIN DEFICIENCY WATER SERVICE TOTAL BROWN'S PLACE HOFFMAN, FREUND, & CAROL LYNNE 1-2 54,310,7450,00 50,00 $0,00 $0,00 50.00 $4,310,74 LENOX ADD, MILLARD, LOREN C, & LORRAINE 287 $1,829.45 $0,00 $0,00 $0,00 $0,00 $0,00 $1,829.45 MILLARD, LOREN C, & LORRAINE 288 W/287 ROLLING RIDGE SUB, BLK, 1 HULS, HOWARD J, & MARGIE C. 1 $1,783.46 50,00 50.00 $0,00 $0.00 50.00 51,783.46 RILEY, LORI A. & GRAHAM DONALD J, 2 51,874.87 $0.00 $0,00 $0,00 $0.00 50,00 $1,874,87 BOLL, DONNA MAE 351,874,87 50,00 50.00 $0,00 50,00 $0,00 $1,874,87 FAUST, CLARENCE C, JR, & SHARON R, 4 $1,87487 50,00 50.00 $0,00 $0,00 $0,00 51,874,87 HENKEL, RICHARD A & JUDITH A, 5 $1,874,87 $0,00 50,00 $0,00 50.00 50,00 51,874,87 HAAS, GEORGE R, & SALLY R, 6 51,874,8750,00 $0,00 $0.00 $0,00 $0,00 $1,874.87 SCHEMMEL, LEE ANN E, 7 $1,874,87 $0,00 $0,00 $0,00 50,00 $0.00 $1,874.87 POLSEAN, WAYNE D, & MARY A. 8 51,874,87 $0,00 $0,00 $0.00 50,00 $0.00 $1,874.87 REARDON, DAVID J. & SHARON A. 9 $1,6117050.00 50,00 50.00 $0.00 50.00 51,611.70 REMAKEL, ROBERT J, & JOAN E. 10 $2,038.40 $0,00 $0.00 50,00 $0,00 $0.00 $2,038.40 LENOX ADD MANDERS, SANDRA K, & AMLlNG, WILBERT . F, 302 $1.476,2850,00 50.00 50.00 50.00 $0,00 $1,476,28 TROY, MICHELE M. 303 52.214.4250.00 $0.00 50.00 $0.00 50.00 52,214,42 TROY, MICHELE M, W1/2-304 W/303 GARCIA, JOSE J. & MARTAEI/2-304 52,214.42 $0,00 50,00 50.00 50.00 5000 52,214.42 GARCIA, JOSE J. & MARTA305 W/E1/2-304 PEDERSEN, MICHAEL J, & CAMIE L, 306 $1,476.28 $0,00 50.00 $0.00 $0,00 5000 $1,476.28 SIEVERS, TYLER & MEGHAN E. 307 $1,476.28 $0.00 50.00 $0.00 $0.00 50,00 $1,476.28 WELSH, ROBERT R. & KERRY A. STECKLEIN 308 51,476.28 $0.00 $0.00 $0.00 $0.00 50,00 $1,476,28 WELSH, ROBERT R. & KERRY A. STECKLEIN 309 $1,476.2850.00 50.00 $0.00 50.00 $0,00 $1,476.28 DAVIS, WALTER W. & RITA MAE 310 $1,476.2850.00 50,00 $0.00 50.00 5000 $1,476,28 DAVIS, WALTER W. & RITA MAE 311 $1.476.28 $0.00 50.00 50.00 $0.00 $0.00 $1,476.28 RANSDELL, MARK312 51,476.28 $0,00 $0,00 $0.00 $0.00 $0.00 $1,476.28 KAISER, KEITH J. 313 $1,476.28 $0,00 50.00 $0.00 $0.00 $0.00 51,47628 CITY OF DUBUQUE 314 $2,762.91 $1,576,84 50.00 $0.00 $0.00 50.00 54,339.75 CITY OF DUBUQUE 315 $625.72 $0.00 $0.00 $0.00 $0.00 50.00 $625.72 DEMKIER,ROBERT J. 432 5498.16 $0.00 $0.00 $0.00 $744.47 50.00 $498.16 DEMKIER,ROBERT J. 431 $1,602,90 $0.00 50.00 $0.00 $0.00 $0,00 51,602.90 DEMKIER,ROBERT J. 430 S1,101.82 $0,00 $0.00 $0.00 50,00 50,00 $1,101.82 STEPHENSON, GENEVIEVE 429 $1,110.90 50.00 $0.00 50.00 50.00 $0,00 5\ 11 0.90 STEPHENSON, GENEVIEVE 428 WI 429 GULYASH, JAMES & ANITA 427 5259.20 50,00 $0,00 $0,00 50.00 $0.00 259.20 DEMOSS, CRAIG D. & JULIE L.426 $170,34 $0.00 $0.00 $0.00 $0.00 $0.00 170.34 FONDELL, ALLAN J. & JILL C, 425 $120.94 50.00 $0.00 50,00 50.00 $0.00 5120.94 ARENDT.BALES, TERESA A.424 593.40 $0.00 $0.00 $0,00 $0.00 $0,00 593.40 HUBER, JEROMIE J. CARRIE M. 423 $47,13 $0.00 50.00 $0.00 $0.00 50,00 $47.13 FLYNN, GERALD T. 433 $2,800,10 $0.00 $0,00 50,00 $0,00 50.00 $2,800 10 FLYNN; GERALD T, 434 W/433 FLYNN, GERALD T. S1/2-435 W/433 DUSCHEN, DONALD M. & LINDA ANN N1/2- 435 $1,068,32 $0.00 50.00 $0,00 $0.00 $0,00 51,068.32 106 Regular Session, April 2, 2001 DUSCHEN, DONALD M. & LINDA ANN 436 WIN 112.435 WEISS, JOYCE A. 437 5365.95 50.00 50.00 50.00 SO.OO 50.00 5365.95 STECKEL JEFFREY D. & TINA L.438 5361.97 50.00 50.00 50.00 50.00 $0.00 5361.97 STECKEL JEFFREY D. & TINA L.439 W/438 SCHULZ, JACK W. & CYNTHIA L. 440 S112.99 SO.OO 50.00 50.00 $0.00 50.00 5112.99 SCHULZ, JACK W. & CYNTHIA L. Sl/2-441 544.29 50.00 50.00 50.00 50.00 50.00 544.29 WAGNER, TIMOTHY P. & KIM M. Nl/2.441 $63.03 50.00 50.00 50.00 $0.00 50.00 563.03 WAGNER, TIMOTHY P. & KIM M.442 W/N1/2.441 MESCALL, RONALD T, 480 $1,241.7850.00 50.00 50.00 50.00 50.00 51,241.78 BIRKETT, DAVID P. & WAN CHA 479 51,800.7850.00 50.00 50.00 SO.OO 50.00 51,800.78 BIRKETT, DAVID P. & WAN CHA478 W/479 DAVIS, MARY ELIZABETH 477 5380.43 50.00 50.00 50.00 50.00 50,00 5380.43 DAVIS, MARY ELIZABETH 476 W/477 HIRSCH, DALE A. & LINDA A. 475 595.11 50.00 50.00 50.00 50.00 50.00 595.11 HIRSCH,DALE A. & LINDA A. Sl/2-474 549.68 SO.OO 50.00 50.00 50.00 50,00 549.68 GLAB, DAVID J. 481 53,367.6250.00 50.00 SO.OO 50.00 50.00 53,367.62 GLAB, DAVID J. 482 W/481 GLAB. DAVID J. 483 W/481 GLAB, DAVID J. 484 W/481 LESSEI, STEVEN A. & AMY L. 485 5174.03 50.00 $0.00 50.00 50.00 50.00 5174.03 HOWELL, RANDY LANE & CONNIE L.486 5104.7650.00 50.00 50.00 50.00 50.00 5104.76 KAESBAUER, SANDRA 487 563.31 50.00 50.00 50.00 50.00 50.00 563.31 HUFF, VICTORY F. & MARY R. 577 5547.36 50.00 50.00 50.00 50.00 50.00 5547.36 HUFF, VICTORY F. & MARY R. 1.576 5349.48 50.00 50.00 50.00 50.00 50.00 5349.48 SCHREIBER, MERLIN 2.576 S441.75 50.00 50.00 50.00 50.00 50.00 5441.75 SCHREIBER, MERLIN 575 W/2.576 SCHREIBER, MERLIN 1.574 W/2.576 DUEHR, FRANK J. & CAROL A. 2.574 5204.98 50.00 50.00 50.00 $0.00 50.00 5204.98 DUEHR, FRANK J. & CAROL A. 573 W/2.574 STRUMBERGER, DONALD J. & CAROLE A. 572 5101.35 50.00 50.00 50.00 50.00 50.00 5101.35 GRACANIN, MUHAMED & ASIMA 553 578.07 50.00 50,00 50.00 50.00 50.00 578.07 DELANEY, RICHARD J. 578 51,703.4050.00 50.00 50.00 50.00 50.00 51,703.40 CONNOLLY, TODD R. & GINA M. 579 $1,371.52 SO.OO 50.00 50.0050.00 50.00 51,371.52 CONNOLLY, TODD R. & GINA M. 580 $1,209.9850.00 50.00 50.00 50.00 50.00 51,209.98 SCHULTZ, ROBERT H. SR. & PHYLLIS E. 581 52,387.31 50.00 50.00 50.00 50.00 50.00 52,387.31 DELANEY, RICHARD J. 1-2.582 S47.70 50.00 50.00 50.00 50.00 50.00 547.70 CONNOLLY, TODD R & GINA M 2.2.582 510.86 50.00 50.00 50.00 532.58 50.00 510.86 SCHULTZ, ROBERT H. SR. & PHYLLIS E. 585 W/581 ROBINSON, MAXINE A. cia MAXINE A. PRUSE 586 51,164.5650,00 50.00 50.00 50.00 SO.OO 51,164.56 RING RANDALL & SANDRA 587 51,177.90 SO.OO 50.00 50.00 50.00 50.00 51,177.90 BLASEN, JOSEPH M. JR. & KATHLEEN R. 588 51,677.2850.00 50.00 50.00 50.00 50.00 51,677.28 BLASEN, JOSEPH M. JR. & KATHLEEN R. LOT 1 LENOX ADD #2 W/588 LAU, DAVID A. & SUSAN K. LOT 2 LENOX ADD #2 5790.66 50.00 50.00 51,100.00 50.00 5476.81 52,367.47 O'MEARA, DONALD & KATHERINE 598 5386.96 50.00 50.00 50.00 50.00 50.00 S386.96 BRITBACH, JERRY A. 597 5802.87 50.00 SO.OO 5550,0050.00 50.00 51,352.87 PIKE, TERRY & LOU ANNWl/2.596 $2,556.23 50.00 50.00 50.00 50,00 50.00 52,556.23 PIKE, TERRY & LOU ANNE1/2.596 WIW1/2.596 PIKE, TERRY & LOU ANN 595 WIW1/2.596 HAGERTY, JOHN T. aik!a HAGERTY, JACK 594 51,367.2650.00 50.00 5592.4650.00 50.00 51,959.72 AUSTIN'S SUB. PARKINS, MILDRED M. 1-14 $1,694.8850.00 50.00 S843.70 50.00 5898.15 53,436.73 PARKINS, MILDRED M. 1.Wl/2.13 W/1-14 KUBITZ, DONALD J. & MARY JANE 2.14 5490.30 50.00 50.00 50.00 50.00 5898.15 51,388,45 KUBITZ, DONALD J. & MARY JANE 2.Wl/2.13 W/2.14 SCHWIND, MARY KAY El/2.13 52,108.81 50.00 50.00 5825.00 50.00 5824.88 53,758.69 SCHWIND, MARY KAY W.37.5'.12 W/E1/2.13 KENKEL, NAOMI M. & ALBERT J. E.12.5'.12 52,163.32 50.00 50.00 S684.20 50.00 5898.15 53,745.67 KENKEL, NAOMI M. & ALBERT J. 11 W/E.12.5'.12 PUCKETT, STEVEN R. & GOURLEY, WILLIAM J, 1.1051,632.4250.00 50.00 5550.00 . Regular Session, April 2, 2001 107 . 50.00 $755.27 S2,937.69 DUNWOODY, KEVIN J. & RAMONA J. 2-10 5246.14 50.00 50.00 50.00 50.00 $0.00 $246.14 GINTER, NANCY E. 9 $47.41 50.00 50.00 50.00 50.00 50.00 47.41 DUNWOODY, KEVIN J. & RAMONA J. 8 W/2-10 DURKIN, ROBERT L. & DIANE 7 5350.62 $0.00 50.00 $0.00 $0.00 $0.00 5350.62 CRUISE, JENNIFER L.6 $1 ,419.50 $000 $0.00 $550.0050.00 $842.29 $2,811.79 FREISINGER, JOSEPH E. & DORIS MAXINE 5 $1,466.91 50.00 50.00 $660.00 $0.00 $755.27 $2,882.18 ROTH, DORIS M.4 $386.39 50.00 50.00 $0.00 50.00 5594.55 5980.94 LENOX ADD. RANSDELL, MARY S. a/k/a MARY H. 2 $2,204.56 $0.00 $0.00 50.00 $0.00 $0.00 $2,204.56 RANSDELL, MARY S. a/k/a MARY H. 3 W/2 DUBUQUE MEDICAL TRANSPORT INC. 4 $1,316.625128.73 $0.00 50.00 $0.00 $0.00 $1,445.36 DUBUQUE MEDICAL TRANSPORT INC. 5' $968.46 50.00 $0.00 50.00 $0.00 $0.00 $968.46 KALB. CHERYLJ. & MARK H. 1-65372.11 $0.00 $0.00 $0.00 50.00 $0.00 $372.11 BRUXVOORT, STEVEN C. & HENERY, BECKY S. 2-652,650.20 $1,612.20 50.00 50.00 $0.00 50.00 $4,262.40 LAMPE, SHAWN J. & TINA M. 52 W/2-6 LAMPE, SHAWN J. & TINA M. 1-51 W/2-6 LAMPE, SHAWN J. & TINA M. 2-7 W/2-6 PAPIN. PAULJOHN 1-7$137.98 $0.00 $0.00 $0.00 $0.00 50.00 $137.98 PAPIN, PAULJOHN 2-51 5133.72 $6265 50.00 $0.00 $0.00 $0.00 $196.37 PAPIN, PAULJOHN 50 53,771.04 $448.96 50.00 $0.00 $0.00 $0.00 $4,220.00 PAPIN, PAUL JOHN 49 W/50 PAPIN, PAUL JOHN 48 W/50 PAPIN, PAUL JOHN 47 W/50 PAPIN, PAUL JOHN 46 W/50 ANDERSON, CAROL F. 53 $1,062.9250.00 50.00 $0.00 50.00 $0.00 $1,062.92 ANDERSON, CAROL F. 54 $946.81 $0.00 50.00 $0.00 SO.OO $0.00 5946.81 VANDERBILT, ESTHER A, 55 $1.229.29 $0.00 $0.00 SO.OO $0.00 $0.00 51,229.29 RETTENBERGER PLACE RETTENBERGER, KARL A. SR. & FREDA A. 2 $1,497.97 SO.OO $0.00 $0.00 51,085.23 $990.22 52,488.19 RETTENBERGER, KARL A. SR. & FREDA A. 2 SO.OO 50.00 51,833.90 $785.87 $1,897.93 SO.OO $2,619.76 LENOX ADD. VONDRAN, WILLIAM A. & INEZ R. 88 $1.259.38 $0.00 $0.00 $0.00 $0.00 50.00 . 51,259.38 VONDRAN. WILLIAM A. & INEZ R. 87 $1,508.93 $0.00 50.00 5060 $0.00 $0.00 51,508.93 LENOX PLACE BALSAMO, ANTHONY J. & MARY J. 2 $3,366.20 $0.00 50.00 5000 50.00 50.00 $3,366.20 BALSAMO, SUSAN MARY 1 $3,147.03 $0.00 $0.00 $0.00 $0.00 $0.00 $3,147.03 LENOX ADD ROTH, DAVID H. & BAMBI L. 96 $1,462.37 $0.00 $0.00 50.00 $0.00 $0.00 $1,462.37 ROTH, DAVID H. & BAMBI L. 97 $1,348.52 SO.OO $0.00 $0.00 $0.00 SO.OO $1,348.52 BALSAMO, SUSAN MARY 98 $41.73 $0.00 $0.00 $0.00 $0.00 $0.00 41.73 ROTH, DAVID H. & BAMBI L. 102 $529.01 $0.00 $0.00 $0.00 $47.02 $0.00 $529.01 ROTH. DAVID H. & BAMBI L. 103 $279.93 $0.00 $0.00 $0.00 SO.OO $0.00 $279.93 ERSCHEN MICHAEL E. & DENISE G. 104 5130.54 $0.00 $0.00 $0.00 521.63 50.00 $130.54 ERSCHEN MICHAEL E. & DENISE G. 105 5108.7350.00 $0.00 $0.00 50.00 50.00 $108.73 SCHMITT, KENNETH W. & CATHY L. 113 $94.25 $0.00 $0.00 $0.00 $0.00 $0.00 $9425 SCHMITT, KENNETH W. & CATHY L. 114 $130.88 $0.00 $0.00 $0.00 $0.00 50.00 $130.88 KONRARDY, DAVID J.115 5195.04 $0.00 $0.00 $0.00 $0.00 $0.00 $195.04 KONRARDY, DAVID J.116 $353.74 SO.OO $0.00 $0.00 $0.00 $0.00 $353.74 MAAS, RODNEY J.117 $1,724.9850.00 $0.00 $0.00 50.00 50.00 $1,724.98 MAAS, RODNEYJ.118 W/117 BASTEN, MOCHAEL W. & SALLY A, 1-119 $2,109.66 $0.00 $0.00 $0.00 $0.00 50.00 $2,109.66 KJOS, JACQUELINE J. 2-119 $4,165.38 50.00 $0.00 $0.00 $0.00 $0.00 $4,165.38 KJOS, JACQUELINE J. 120 W/2-119 KJOS, JACQUELINE J. 121 W/2-119 KJOS, JACQUELINE J 122 W/2-119 KAISER, JEFFREY G. & BETH A.123 5462.19 $0.00 $0.00 $0.00 $0.00 5000 $452.19 KAISER, JEFFREY G. & BETH A. 124 $250.97 50.00 $0.00 $0.00 50.00 $0.00 5250.97 SMITH, RONNIE M. & COLLEEN A, 125 $259.20 $0.00 $0.00 $0.00 $0.00 50.00 $259.20 SMITH, RONNIE M. & COLLEEN A,126 W/125 MONTGOMERY, EVELYN L. 127 $53.88 $0.00 $0.00 50.00 $0.00 $0.00 $63.88 KLEIN, COREY P. & CONNIE R. 139 $552.19 $0.00 $0.00 $0.00 $0.00 $0.00 $552.19 HONAKER, RICHARD DR. c/o BRENDA PHILLIPS 140 $1,433.1350.00 $0.00 108 Regular Session, April 2, 2001 50.00 50.00 50.00 S1,433.13 ERICKSON, JOHN & RUTH 141 51,481.39 50.00 50.00 50.00 50.00 50.00 51,461.39 SCHROEDER, DONALD R. & BETTY J. 2-142 523.85 50.00 50.00 50.00 50.00 SO.OO 523.85 ERICKSON, JOHN & RUTH 10142 51,479.12 50.00 50.00 $0.00 50.00 50.00 51,479.12 LAMBERT, CATHERINE E. 143 53,690.70 50.00 $0.00 50.00 50.00 50.00 53,690.70 LAMBERT, CATHERINE E. 144 W/143 LAMBERT, CATHERINE E E.25'-145 W/143 MEJIA, FERNANDO & LORIW.25'-145 5738.14 50.00 $0.00 $0.00 50.00 50,00 5738.14 MEJIA, FERNANDO & LORI E.40'-146 51,181.02 50.00 50.00 50.00 50.00 50.00 51,181.02 SCHUSTER, MERLIN N, & NORMA JEAN ANN W.10'-146 $1 ,623.91 50.00 50,00 50.00 50.00 50.00 51,623.91 SCHUSTER, MERLIN N. & NORMA JEAN ANN 1-147 WiW10'-146 WEIDERT, RICHARD JAMES & SANDY LYNN 2-147 51,623.9150.00 50.00 SO.OO $0.00 50.00 51,623.91 WEIDERT, RICHARD JAMES & SANDY LYNN 148 W/2-147 YOST, FREDERIC V. JUDILAIN J. 149 51,476.2650.00 50.00 lO.OO 50.00 $0.00 51,476.28 YOST, FREDERIC V. JUDILAIN J. 1 SO 51,476.2650.00 50.00 50.00 50.00 SO.OO 51,476.28 DRISCOLL, FLOYD J. & JANET M. 151 51,476.2650.00 50.00 50.00 50.00 50.00 51,476.28 DRISCOLL, FLOYD J. & JANET M, 152 51,476.2850,00 50.00 50.00 50.00 50.00 51 ,4 76.28 BLASER, RICHARD J. 153 51,476,28 SO.OO SO.OO 50.00 50.00 50.00 S1,476.28 VAN ANNA PLACE BLUML, DONALD E. & CAROLJ.16 52,953.96 50,00 50.00 50.00 50.00 $0.00 52,953.98 SCHMELZER, KEITH S. & DOROTHY l. 15 51,963.4550.00 50.00 50.00 50.00 50.00 51,963.45 SCHREIBER, ROBERT D. & DIANA L. 14 51,963.45 50.00 50.00 50.00 50.00 50.00 51,963.45 HEDLEY, JEREMY J. 13 51,963.45 $0.00 50.00 50.00 50.00 50.00 51,963.45 LANGE, TERRENCE T. & JOANETTE M. 12 51,963.45 SO.OO 50.00 50.00 SO.OO 50.00 51,963.45 TURNMEYER, EUNICE E. & RICHARD E. 11 51,963.4550.00 SO.OO SO.OO 50.00 50.00 51,963.45 RANG, FRANCIS W. & JANET l. 10 51,963.45 50.00 50.00 50.00 50.00 SO.OO 51,963.45 LENOX ADD HENKEL, LORA A. 164 S1,476.2650.00 50.00 50.00 50.00 50.00 51,476.28 HENLEL, LORAA. 165 $1,476.2850.00 SO.OO 50.00 50.00 50.00 51,476.28 WHITE, RONALD R. 166 S1,468.3350.00 50.00 50.00 50.00 50.00 51,468.33 McCREADY, LARRY A. & EVELYN M. 2-167 52,605.63 $0.00 SO.OO 50.00 50.00 50.00 52,605.63 KUTSCH, CHARLES J. & CINDY S. 1-167 52,126.69 50.00 50.00 $0.00 50.00 SO.OO S2,126.69 FREISINGER, PAUL H. & DARLENE C, 177 5837.22 SO.OO 50.00 50.00 50,00 50.00 5837.22 FREISINGER, PAUL H. & DARLENE C. 178 5370.21 50.00 $0.00 $0.00 50.00 50.00 5370.21 BROWN'S PLACE McCREADY, LARRY A. & EVELYN M. 2-1-2-2 W/2-167 KUTSCH, CHARLES & CINDY S. 1-1-2-2 W/2-167 PATZNER, VERNUS L, & FERN A. 2-2-2 52,752.6950.00 50.00 50.00 50.00 SO.OO 52,752.69 MICHELS, CARL J. & LUDWITZ, KIMBERLY S. FINLEY WAPLES BURTON LOT 145 $0.00 $0.00 SO.OO 50.00 50.00 5594.55 5594.55 RETTENBERGER PLACE RETTENBERGER, KARL A. SR. & FREDA A. 2 13667.69 0.00 0.00 1833.90 785.87 1897.930.00 2619.76 TOTALS: NET PAVING: 5161,625.90; SIDEW ALK ASSESS.: 53,829.38; SEWER ASSESSMENT: 51,833.90; WATERMAIN ASSESSMENT: 57,141.23; DEFICIENCY ASSES5MENT: 53,828.86; GROSS ASSESSMENT: 5198,259.26; TOTAL NET ASSESSMENT: 5202,958.69 Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Lease to Telecorp Realty: Proof of publication on notice of hearing and City Manager recommending approval of a lease between the City of Dubuque and Telecorp Realty for the placement .of a telecommunications antenna on the Third Street Water Tower, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 124-01 A RESOLUTION OF THE CITY OF DUBUQUE APPROVING OF A LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND TELECORP REALTY, LLC, FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELE- COMMUNICATION ANTENNAE FACILITY, Whereas, the City Council of the City of Dubuque, Iowa encourages the expansion of wireless telecommunication services to its . Regular Session, April 2, 2001 109 . citizens, businesses, and institutions, while at the same time minimizing safety and aesthetic concerns posed by the construction of new towers and monopoles in residential areas; and Whereas, Telecorp Realty, LLC is the holder of a current Federal Communications Commission license to provide certain wireless telecommunication services for sale in and around the City of Dubuque; and Whereas, Telecorp Realty LLC desires to expand its signal coverage area and enhance the quality and capacity of its technical infrastructure by installing and operating a wireless telecommunicatiol) antennae facility on and near a water tower owned by the City of Dubuque, Identified as site W-2, and located at 1525 West Third Street in Dubuque; and Whereas, the City of Dubuque desires to lease to Telecorp Realty, LLC certain space on the water tower site W -2 lower catwalk, along with adjacent ground space, for the purpose of installation and operation of a wireless telecommunication antennae facility; and Whereas, representatives of Telecorp Realty, LLC and of the City of Dubuque have negotiated terms for such a lease, a copy at which is attached hereto, which the City Council finds beneficial to the community. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached lease is hereby approved and the City Manager is authorized to sign and administer this lease on behalf of the City 01 Dubuque. Passed, approved and adopted this 2" day of April,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7 -0. Buol moved that the rules be reinstated limiting discussion to the Council. Seconded by Robbins. Motion carried 7-0. ACTiON ITEMS Joint CitylCounty Planning Commit1ee: Communication from the Joint City/County Pianning Committee requesting that the City Councll designate a representative to the Committee, presented and read. Cline moved that Council Member Michaiski be designated to serve on the Committee. Seconded by Nicholson. Motion carried 7-0. . Fourth Street Peninsula Consultant Recommendation: City Manager recommending approval of URS/BRW, Leland Consulting Group and The Environmental Design Group as the consultant for the Fourth Street Peninsula Study, presented and read. Suol moved that the communication be received al'Jd filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 125-01 A RESOLUTION APPROVtNG THE SELECTION OF A CONSULTANT TO PREPARE A MASTER PLAN FOR THE 4TH STREET PENINSULA AND SOUTH ICE HARBOR AREA AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPROPRIATE CONTRACT FOR SAID STUDY. Whereas, the City of Dubuque, Iowa has identified the need for master planning and redevelopment of the city's riverfront as a top community priority; and Whereas, the City of Dubuque, Iowa continues to work in partnership with the private sector to proVide economic development opportunities in the community; and Whereas, a Request for Proposals solicited consultant services to prepare a Master Plan for the 4th Street Peninsula and South Ice Harbor areas; and Whereas, URS/BRW, Inc. is recommended to complete the master planning project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the selection of URS/BRW, Inc. as the consultant to prepare a Master Plan lor the Redevelopment of the 4'" Street Peninsula and South Ice Harbor areas for the City of DUbuque is hereby approved. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, a contract with URS/BRW, Inc. for consultant services not to exceed $225,000.00. Passed, approved and adopted this 2'" day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Permit Moratorium for Billboards: City Manager recommending a ninety day extension to the existing permit moratorium for ott.premise signs, presented and read. Robbins moved that the communication be received and filed. Seconded by Cline. Motion carried 7.0. An Ordinance Amending Chapter 3 (Advertising) of the City of Dubuque Code of Ordinances by amending Section 3-43(f), to establish a ninety (90) day extension of the existing moratorium on the issuance of permi1s for off.premise signs, presented and read. 110 Regular Session, April 2, 2001 OFFICIAL PUBLICATION ORDINANCE NO. 19-01 AN ORDINANCE AMENDING CHAPTER 3 (ADVERTISING) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 3-43 (I), TO ESTABLISH A NINETY (90) DAY EXTENSION OF THE EXISTING MORATORIUM ON THE ISSUANCE OF PERMITS FOR OFF-PREMISE SIGNS. Whereas, Lamar Outdoor Advertising has submitted an application for a text amendment to the Zoning Ordinance regulations pertaining to increasing the minimum spacing of off- premise signs; and Whereas, the City Council has asked the Zoning Advisory Commission to study alternatives to this amendment; and Whereas, the issuance of permits for off- premise signs during the review of this text amendment could affect the community negatively. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 3 (Advertising) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 3.43 (I) as lollows: Section 3-43 (I) Moratorium on issuance of permits for off-premise signs The building official shall not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of an off-premise sign during the period of January 15, 2001 to July 14, 2001, except where a vested right to the issuance of such permit accrued prior to January 15, 2001. Section 2. This ordinance shall take effect upon April 15, 2001. Passed, approved and adopted this 2nd day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 6" day of April, 2001. Jeanne F. Schneider, City Clerk 11 4/6 Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried 7-0. Development Moratorium for the JuHen Dubuque Bridge Study: City Manager recommending that the building permit moratorium for Highway 20 from Bluff Street east to the City limits be extended for another twelve months, as requested by the Iowa Department of Transportation in connection with the U.S. 20 Mississippi River Crossing Study, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Amending Chapter 11 (Building and Building Regulations) of the City of DUbuque Code of Ordinances by amending Section 11.589-1 by establishing a twelve month moratorium on the issuance of permits for work in the U.S. 20 Corridor, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 20-01 AN ORDINANCE AMENDING CHAPTER 11 (BUILDING AND BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 11.589-1 BY ESTABLISHING A TWELVE MONTH MORATORIUM ON THE ISSUANCE OF PERMITS FOR WORK IN THE U.S. 20 CORRIDOR. Whereas, the Iowa and Illinois Departments of Transportation are conducting a U.S. 20 Mississippi River Crossing Study; and Whereas, the issuance of permits in the study corridor of U.S. 20 could impact the study negatively. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 11-58.1 as lollows: Section 11.58.1 Moratorium 0 for work in the U.S. 20 Corridor. The building official shall not issue any permit far any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building or sign in the U.S. 20 Corridor (Dodge Street), but not to include demolition, from the eastern corporate limits of the City of Dubuque westerly to the intersection of U.S. 20 (Dodge Street) with Bluff Street, as shown on the maps on file In the Office of the City Clerk, 50 W. 13" Street, Dubuque, Iowa, during the periOd of May 1, 2001 to May 1, 2002, except where a vested right to the issuance of such permit accrued prior to May 1, 1999. Section 2. This ordinance shall take effect on May 1,2001. Passed, approved and adopted this 2nd day of April,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 6'" day of April, 2001. Jeanne F. Schneider, City Clerk It 4/6 Buol moved that the requirement that a proposed Ordinance be considered and voted . Regular Session, April 2, 2001 111 on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance, Seconded by Markham. Motion carried 7.0. ITEMS TO BE SET FOR PUBLIC HEARING Flora Pool and Sutton Pool Water Playgrounds: City Manager recommending initiation of the public bidding process lor the Flora Pool and Sutton Pool Water Playgrounds Project, presented and read. Michalski moved that the communication be received and flied. Seconded by Cline. Motion carried 7.0 . RESOLUTION NO. 126-01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: That the proposed plans, specifications, form at contract and estimated cost for the SUTTON POOL AND FLORA POOL WATER PLAYGROUNDS CONSTRUCTION PROJECT, in the estimated amount of $645,380, are hereby approved and ordered filed in the office of the City Clerk, for publiC inspection. Passed, approved and adopted this 2nd day of April,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption 01 the Resolution. Seconded by Buo!. Motion carried 7-0. . RESOLUTION NO. 127-01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque1 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 SUTTON POOL AND FLORA POOL WATER PLAYGROUNDS CONSTRUCTION PROJECT NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 21st day of May, 2001, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard lor or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and Is hereby drrected to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City 01 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 improvement. Passed, approved and adopted this 2nd day of April,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption 01 the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO, 128-01 OROERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the SUTTON POOL AND FLORA POOL WATER PLAYGROUNDS CONSTRUCTION PROJECT is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be In an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 8th day of May, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for finai action at 6:30 p.m. on the 21 st day of May, 2001. Passed, approved and adopted this 2nd day of April,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Lease to T elecorp Realty: City Manager recommending thaI a public hearing be set for April 16, 2001 to consider a lease between the City of Dubuque and Telecorp Realty for the installation and operation of a tele- communications facility within Louis Murphy Park at 1700 South Grandview, no action taken as this item was deleted from the Agenda. Hamiiton Street Storm Sewer Extension Project: City Manager recommending initiation of the public bidding process for the Hamilton Street Storm Sewer Exlension Proiect and that a public hearing be sel for May 7, 2001, presented and read. Michalski moved that the communication be received and Wed. Seconded by Buo!' Motion carried 7-0. 112 Regular Session, April 2, 2001 RESOLUTION NO. 129.01 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, lorm of contract and estimated cost for the Hamilton Street Storm Sewer Extension Project, in the estimated amount of $31,316,16, are hereby approved and ordered filed in the office 01 the City Clerk for public inspection, Passed, adopted and approved this 2nd day 01 April, 2001, Terrance M. Duggan, Mayor Altest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resoiution, Seconded by 8uol. Motion carried 7-0. RESOLUTION NO. 130-01 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 01 contract and placed same on file in the office of the City Clerk for public inspection of the Hamilton Street Storm Sewer Extension Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7'" day of May, 2001, a pUblic hearing will be held at 6:30 p,m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form 01 contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and fiie objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 2"' day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution, Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 131-01 ORDERING BIOS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: -.------- That the Hamilton Street Storm Sewer Extension Project is hereby ordered 10 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 01 the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted, That the City Clerk is hereby directed to advertise for bids for the construction of the Improvements herein provided, to be published in a newspaper having general circulation In the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt 01 said bids at 2:00 p.m. on the 24" day of April, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 7" day of May, 2001. Passed, adopted and approved this 2"' day 01 April,2001. Terrance M, Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Michalski moved adoption of the Resolution, Seconded by Buo/' Motion carried 7-0. Wilbricht Lane Storm Sewer Improvements Project: City Manager recommending initiation of the public bidding process for the Wilbricht Lane Storm Sewer Improvements Project and that a publiC hearing be set for May 7, 2001, presented and read, Michalski moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0, RESOLUTION NO. 132-01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Wilbricht Lane Storm Sewer Improvements Project, in the estimated amount of $33,456.80, are hereby approved and ordered liled in the office of the City Clerk lor publiC inspection. Passed, adopted and approved this 2"' day of April, 2001. Terrance M, Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Michalski moved adoption of the Resolution, Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 133-01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preHminar; approval on the proposed plans, specifications, and form of contract and placed same on file in . Regular Session, April 2, 2001 113 . the office of the City Clerk for public Inspection of the Wilbricht Lane Storm Sewer Improvements Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7'h day of May, 2001, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed pians and specifications, form of contract and cost 01 said improvement. and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shal.l 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 improvement Passed, adopted and approved this 2"' day of April,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk . Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. . RESOLUTION NO, 134-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Hamiiton Street Storm Sewer Extension Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids al 2:00 p.m. on the 24'" day of April, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the J'h day of May, 2001. Passed, adopted and approved this 2"' day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Kerper Court - Vacating Petition: City Manager recommending that a public bearing be set for April 16, 2001 to consider a request from John P. and Letha A. Mihalakls and Richard L. and Cindy Billmeyer, to vacate various easements at Kerper Boulevard and Kerper Court, presented and read. Michalski moved that the communication be received and filed. Seconded by Buol. Motion carried 7.0. RESOLUTION NO. 135-01 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE UTILITY AND OTHER VARIOUS EASEMENTS OVER LOT 5 OF KERPER INDUSTRIAL PARK AND LOT 2 OF FDL SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA Whereas, John P. and Letha A. Mihalakis end Richard L. and Cindy Billmeyer are the current owners of Lot 5 01 Kerper Industriai Park and Lot 2 of FDL Second Addition; and Whereas, utility and other various easements are currently recorded over and across said lots; and Whereas, John P. and Letha A. Mihalakis and Richard L. and Cindy Billmeyer have petitioned to vacate the easements in said lots. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate utility and other easements over Lot 5 of Kerper Industrial Park and Lot 2 of FDL Second Addition, as described in Resolution No. 775.72 and filed as instrument No. 3132.72; and Book 159TL, Page 550, in the Office of the Dubuque County Recorder. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published in the manner as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this 2"' day of April,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and set this for Public Hearing on 4/16/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion carried 7-0. At 6:54 P.M. Buoi moved to go Into Closed Session re: Pending Litigation (Iowa Code Chapter 21-.5(I)(c). Seconded by Nicholson. Motion carried 7-0. 114 Regular Session, April 2, 2001 At 7:14 P.M. Council reconvened Regular Session stating that Staff had been given proper direction. There being no further business, Buot moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 7:15 P.M. fsf Jeanne F. Schneider City Clerk 1t 4f11 ~ ~~ ./2) ~ff~A'- W Ity Clerk 2001 2001 1 . Regular Session, April 16, 2001 115 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Meeting, Monday, April 16, 2001 Council Met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Suol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Sarry Lindahl Invocation was given by Loren Hirschy, Pastor 01 Word of Life . PROCLAMATIONS: Sexual Assault Awareness Month (April, 2001) received by Jennifer Haggas; Days of Remembrance of the Victims of the Holocaust (April 15 - 22, 2001); Community Development Week (April 16 - 22, 2001); Crime Victims' Rights Week (April 22 - 28, 2001) received by Laura Scheffert James; Arbor Day (April 28, 2001) received by City Forester Steve Pregler; Day of Prayer (May 3, 2001) received by Rev. Loren Hirschy; and Sertoma Candy Days (May 11 and 12,2001) received by Nancy Adams. CONSENT ITEMS Minutes Submitted: Suilding Code Board of Appeals of 2/22; Cable Regulatory Commission of 3f14; Civil Service Commission of 2f28; City Council Proceedings of 4f2; Historic Preservation Commission of 3f15 and 4f9; Housing Commission of 3f27; Park and Recreation Commission of 3f13; Zoning Advisory Commission of 4f4; Zoning Board of Adjustment of 3/22, presented and read, Buol moved that the minutes be received and filed. Seconded by Robbins. Motion carried 7-0 Proof of publication of Council Proceedings for 3/19, and Finance Director submitting the Financial Reports for the month ending March 31, 2001, presented and read. Buol moved that the proof be received and filed. Seconded by Robbins. Motion carried 7-0. . Notice of Claims/Suits: Pam and Andy Daack in estimated amount of $4,655 for vehicle damage; Joseph E. Dolan in estimated amount of $250 for property demage; Dorothy T. Finzei in estimated amount of $4,063.68 for property damage; Robert L. Harbin in undetermined amount for personal injury; David R. Janzig, Sr. in estimated emount of $1,550 for vehicle damage; Gene A. Kramer in estimated amount of $2,222.96 for vehicle damage; Sill Miller in estimated amount of 5 f 67 for property damage, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7-0. Corporation Counsel advising that the following ciaims have been relerred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Steven Althof for property damagefloss of profits; Cottingham and SutlerfSISCO for personal injury; Pam and Andy Daack for vehicle damage; Dorothy T, Finzel for property damage; Guy A. Gard for property damage/loss of profits; Robert L. Harbin for personal injUry; Allan Sauser for vehicle damage; State Fann Insurance for vehicle damage; David and Ellen Willis for property damagefloss of prolits; Clarke Woiff for property damagefloss of profits, presented and read. Suol moved that the communication be received and filed and concurred with the referrals. Seconded by Robbins. Motion carried 7-0. Corporation Counsel recommending settlement of the claim of Steve Vinson in the amount of $250.00 for vehicle damage and that the Finance Director be directed to issue the appropriate check, presented and read. Suol moved that the communication be received and filed and concurre:d with the recommendation and Finance Director to issue check. Seconded by Robbins. Motion carried 7-0. Citizen Communication: Communication from David Cox, 1401 Henion Street, regarding actions of the Historic Preservation Commission, and communication from the Historic Preservation Commission to David Cox, presented and read. Suoi moved that the communication be received and filed and referred to the Legal Dept. for response. Seconded by Robbins. Motion carried 7-0 April 6, 2001 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, an examination tor the position of Medical Officer was conducted on March 21, 2001. We hereby certify that the following individuals have passed this written examination and the vacancy lor this position should be made from this list and that this list is good for two (2) years from above date. MEDICAL OFFICER David Seaves Ted J. George Greg Harris Respectfully submitted, fsf Loras J. Kluesner 116 Regular Session, April 16, 2001 Chairperson /s/ Merle Duehr Civil Service Commission Buol moved that the above Civil Service certification be made a matter of record. Seconded by Robbins. Motion carried 7-0. Request for Fireworks Display: Com- munication from William Foss, Diamond Jo Casino, requesting permission to discharge fireworks on Monday, May 28, 2001, with a rain date of Tuesday, May 29, 2001, presented and read, Buol moved that the communication be received and filed and approved request subject to staff coordination. Seconded by Robbins. Motion carried 740. Flora Pooi and Sutton Pool Water Playgrounds: City Manager recommending that the three resolutions adopted on April 2, 2001 initiating the bidding process for the Flora and Sutton Pool Water Playgrounds be rescinded, presented and read, Buol moved that the communication be received and filed. Seconded by Robbins, Motion carried 7-0 RESOLUTION NO. 136-01 RESOLUTION RESCINDING RESOLUTION NUMBERS 126-01, 127-01 AND 128-01, GIVING PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS, FIXING DATE OF PUBLIC HEARING ON PLANS AND SPECIFICATIONS, AND ORDERING BIDS FOR THE SUTTON POOL AND FLORA POOL WATER PLAYRGOUNDS CONSTRUCTION PROJECT Whereas, by Resolution No. 128-01, the City Council authorized and directed the advertising of bids; Resolution No. 127-01 fixed the date for public hearing on the plans and specifications; Resolution No. 126-01 gave preliminary approval of the plans and specifications for construction of water playgrounds at Sutton and Fiora Pools; and Whereas, subsequent events necessitate a different schedule for bidding. NOW THEREFORE BE IT RESOLVED BY THE CiTY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution Numbers 126-01, 127-01 and 128-01 are rescinded. Passed, adopted and approved this 16'" day of April, 2001. Terrance M, Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0, 2000 PC Concrete Paving Project - No. 2 (Burden/North Burden) - Acceptance: City Manager recommending acceptance of the 2000 PC Concrele Paving Project - No.2 (Burden/North Burden) and approvai of the preliminary final schedule of. assessments, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 RESOLUTION NO, 137-01 ACCEPTING IMPROVEMENT Whereas, the contract for the 2000 P.C, Concrete Paving Project - No, 2 (Burden Street and North Burden Street) has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Street Construction Fund, Special Assessment Fund, Sales Tax Fund, Road Use Tax Fund, and Watermain Extension Funds in amount equal to the amount of this contract, less any retained percentage provided for therein, Passed, approved and adopted this 16" day of April, 2001, Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins, Motion carried 7-0. RESOLUTION NO. 138-01 FINAL ESTIMATE Whereas, the contract for the 2000 P.C. Concrete Paving Project - No, 2 (Burden Street and North Burden Street) has been completed and the City Engineer has submitted his final estimate showing the cost thereof inciuding 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 $938,929.76. Section 2. That $153,159.03 of the cost thereof shall be assessable upon private property and $785,770.73 shall be paid from the Street Construction Fund, Special Assessment Fund, Sales Tax Fund, Road Use Tax Fund, and Watermain Extension Funds. Passed, approved and adopted this 16" day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk . . Regular Session, April 16, 2001 117 Buol moved adoption of the Resolution. Seconded by Robbins. Motion carfied 7-0. RESOLUTION NO. 139-01 RESOLUTION APPROVING PRELIMINARY FINAL SCHEDULE OF ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUOUE, IOWA: That the attached sheets, 1 to 3 inclusive, are hereby determined to be the schedule of proposed assessments for the 2000 P.C. Concrete Paving Project - No.2 (Burden Street and North Burden Street) and the valuations set out herein are hereby approved. Passed, approved and adopted this 16" day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. . . Carroll Subdivision - Final Plat: Zoning Advisory Commission advising of their approval of the final plat of Carroll Subdivision, in Dubuque County, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 . . RESOLUTION NO. 140-01 RESOLUTION APPROVING THE FINAL PLAT OF CARROLL SUBDIVISION IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a final plat of Carroll Subdivision in Dubuque County, Iowa; and Whereas, said plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Carroll Subdivision 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 plat. Section 2. That the City Council hereby waives Article IV, Design and Improvement Standards 01 the Subdivision Regulations, except Section 42-19, Lots and Blocks. Passed, approved and adopted this 16 day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption 01 the Resoiution. Seconded by Robbins. Motion carried 7-0. Patricia Ann Acres Subdivision - Plat of Survey: Zoning Advisory Commission _ advising of their approval of the Plat of Survey of Lot 1 of 5 and Lot 2 of 5 of Patricia Ann Acres Subdivision No. 2, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 RESOLUTION NO.141-01 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOTS 1 OF 5 & 2 OF 5 OF PATRICIA ANN ACRES SUBDIVISION NO.2 Whereas, there has been filed with the City Clerk a plat of survey 01 Lots 1 of 5 & 2 of 5 of Patricia Ann Acres Subdivision No.2; and Whereas, said plat provides Lot 1 of 5 and Lot 2 01 5 with 34.6 and 50.2 feet of lot frontage respectively, where 60 feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said survey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lots 1 of 5 & Lot 2 01 5 to have 34.6 and 50.2 feet of frontage respectively, where 60 feet is required. Section 2. That the plat of survey of Lots 1 01 5 & 2 of 5 of Patricia Ann Subdivision No.2 is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 16th day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7 -0. Historic District Design Guidelines: City Manager recommending concurrence with the Historic Preservation Commission's suggestions regarding the creatIon of a process tor a Historic District Public Improvement Program, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Robbins. Motion carried 7-0. Urban Revitalization Program: City Manager recommending that expansion of the Urban RevitalizatIon Program be referred to the Historic Preservation Commission for review and recommendation, presented and react. Suol moved that the communication be received and 118 Regular Session, April 18, 2001 filed and concurred with the recommendation. Seconded by Robbins. Motion carried 7-0 Koch Court Exhibit City Manager recommending approval of a request from Koch Materials for a new address for their property off of Kerper Boulevard and to approve establishment of Koch Court, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 142-01 RESOLUTION APPROVING AN EXHIBIT OF KOCH COURT Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Exhibit dated March 28, 2001, prepared by the City of Dubuque, describing the location of a private drive, named Koch Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A; Section 1. That the Exhibit dated March 28, 2001 prepared by the City of DUbuque relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said Exhibit on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said Exhibit and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 16" day of April, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7.0. River's Edge Plaza - Construction Change Order: City Manager recommending approvai of a change order to the existing construction contract for the River's Edge Plaza to proceed with construction of the alternate components of the project, presenled and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 RESOLUTION NO. 143-01 A RESOLUTION APPROVING A CHANGE ORDER TO THE RIVER'S EDGE PLAZA PROJECT Whereas, in September, 1999, the City Council awarded a construction contract to Renaissance Construction for the construction of the River's Edge Plaza; and Whereas, the City Council now wishes to amend said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That in September, 1999, the City Council awarded a construction contract for the River's Edge Plaza in the amount of $478,349.50. Section 2. That the City Council now wishes to amend said contract by adding a change order to the project to construct a small plaza area adjacent to the t1oodwall, consisting of new sidewalk from the plaza area to the Welcome Center and the installation of three ornamental light fixtures. Section 3. That the cost 01 the change order shall be $121 ,288.50. Section 4. That the City Manager is hereby authorized and directed to sign a change order to the River's Edge Plaza Project in the amount of $121 ,288.50. Passed, adopted and approved this 16" day of April,2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Downtown Rehabilitation Loans: City Manager recommending approval of operating loans trom the Downtown Rehabilitation Loan Program to four Old Main businesses and property owners affected by the order to vacate the rear thirty feet of their buildings, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 RESOLUTION NO. 144-01 A RESOLUTION APPROVING DOWNTOWN REHABILITATION LOAN REQUESTS FOR STEVe ALTHOFF (243 Main Street); GUY GARD (356 Main Street); ELLEN WILLIS (372 Main Street) AND LARRY GEE (378 Main Street). Whereas, the City Council of the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan Program for the purpose of stimulating reinvestment in the Downtown Dubuque Urban Renewal District; and Whereas, the City Council amended this loan program to assist business and property owners effected by construction of the Third Street Parking Ramp; and Whereas, the Joan applications from Steve Althoff (243 Main Street); Guy Gard (356 Main Street); Ellen Willis (372 Main Street) and Larry Gee (378 Main Street) meet the requirements set forth by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Steve Althoff (243 Main Street); Guy Gard (356 Main Street); Regular Session, April 16, 2001 119 . Ellen Willis (372 Main Street) and Larry Gee (378 Main Street) attached hereto, for participation in the Downtown Rehabilitation Loan Program are hereby accepted and approved. Section 2. That the City Manager is hereby authorized 10 execute, on behalf of the City of Dubuque, Iowa, all necessary Joan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan Program, in accordance with the terms and conditions of the executed loan documents. Passed, approved and adopted this 16th day of April,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved edoption.. of the Resolution. Seconded by Robbins. Motion carried 7.0. Business Licenses: . RESOLUTION NO. 145-01 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER LICENSE Donna Ginter Dubuque1est+ (Sunday/Outdoor Sale) Town Clock Plaza CLASS "C" BEER LICENSE Oriental Food/Gift Corp Lien Oriental American Food+(Sunday Sale) 115 W. 11th St Passed, approved and adopted this 16th day April,2001 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7.0. . RESOLUTION NO. 146-01 Whereas, applications for Liquor licenses have been submItted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/liQUOR LICENSE Mary Lou Kamp Noonan's Tap +(Sunday Sale) 1618 Central Ave Jeannie Kersch Idle Hour +(Sunday Sale) 1555 Central Ave ARA Serve Inc. Loras College +(Sunday Sale) 1450 Alta Vista GMR Inc Olive Garden +(Sunday Sale) 3350 Dodge St Patricia Broessel Corner Tap +(Sunday Sale) 2093 Washington Central Tap, Inc. Central Tap +(Sunday Sale) 1046 Central Ave City of Dubuque Bunker Hill Golf Course +(Sunday/Outdoor Sale) 2200 Bunker Hill Passed, approved and adopted this 16th day of April 2001 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7.0. BOARDS/COMMISSIONS Interviews for the following Boards ICommissions: Community Development Advisory Commission (Two Vacancies): Paula Maloy (Census Tract 10) and Zoning Board of Adjustment (One Vacancy): Randall J. Klauer. Mr. Klauer of 980 Valentine spoke requesting consideration for appointment. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Cline. Motion carried 7-0. Mt. Carmel Sanitary Sewer Extension Project - Award Contract: Proofs of publication on notice of hearing on plans and specifications, and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Mt. Carmel Sanitary Sewer Extension Project to Connolly Construction of Peosta, Iowa, in the amount of $272,288.50, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 7.0. RESOLUTION NO. 147-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 14th day of March, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Mt. Carmel Sanitary Sewer ExtenSion Project. 120 Regular Session, April 16, 2001 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 pians, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 16'h day of April,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 148-01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Ml. Carmel Sanitary Sewer Extension Project pursuant to Resolution No. 112-01 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 23" day of March, 2001. Whereas, said sealed proposals were opened and read on the 5th day of April, 2001, and it has been determined that the bid of Connolly Construction of Peosta, Iowa, in the amount of $272,288.50 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 Connolly Construction and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 16'h day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Suol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 149-01 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE MT. CARMEL SANITARY SEWER EXTENSION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for Ihe MI. Carmel Sanitary Sewer Extension Project, has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held. all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: X Adopted, without amendment, and all objections filed or made having been dully considered are overruled. _ Adopted as amended by the Schedule of Assessments allached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are . overruled. _ Deferred for later consideration to a City Council meeting to be held on the _ day of . , next at 6:30 p.m. in , with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. ---passed, adopted and approved this 16'h day of April,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Text Amendment to Zoning Ordinance - Off- Premise Signs (Tabled and Referred Back to Zoning Advisory Commission at Meeting of February 19, 2001): Buol moved that the following item be removed from the table. Seconded by Nicholson. Motion carried 7-0. Proof of publication on notice of hearing to consider an amendment to Section 4-3.11 of the Zoning Ordinance to establish minimum spacing requirements for off.premise signage, presented and read. Buol moved that the proof be received and filed. Seconded by Robbins. Motion carried 7-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 4-3.11 Schedule of Sign Regulations for Oft-Premise Signs and adopting a new Section 4-3.11 Schedule of Sign Regulations for Off-Premise Signs in lieu thereof, pertaining to increasing the spacing between off.premise signs along a Federal and Primary Highway(s) from 100 feet Regular Session, April 16, 2001 121 . to 750 feet and aiong all other City streets from 100 feet to 500 feet, presented and read. . OFFICIAL PUBLICATION ORDINANCE NO. 21-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 4-3.11 SCHEDULE OF SIGN REGULATIONS FOR OFF-PREMISE SIGNS AND ADOPTING A NEW SECTION 4- 3.11 SCHEDULE OF SIGN REGULATIONS FOR THE OFF-PREMISE SIGNS IN LIEU THEREOF, PERTAINING TO INCREASING THE SPACING BETWEEN OFF-PREMISE SIGNS FROM 100 FEET TO 750 FEET. 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 is hereby amended by repealing Section 4-3.11 Schedule of Sign Regulations for Off-Premise Signs and adopting the following new Section 4- 3.11 Schedule of Sign Regulations for off- premise signs in lieu thereof, pertaining to increasing the spacing between off~premise signs along federal aid primary (FAP) highways from 100 feet to 750 feet, and increasing the spacing of off-premise signs on all other city streets from 100 feet to 500 feet, as shown in Exhibit 1. +J.IJ ScIleduleDfSign~tions-r;ontd. Section 2. Appendix A (the Zoning Ordinance) of the City of Dubuque Code .of Ordinances is hereby amended by amended Section 4-3.10 Sign Caiculations by adding Section 4- 3.10(K)[10] pertaining to spacing measurement for off-premise signs as shown in Exhibit 2. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect immediately upon publication, as provided by law. This Ordinance shall not apply to any sign constructed prior to the effective date of this Ordinance. Passed, approved and adopted this 16th day of June, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 20'h day of April, 2001. Jeanne F. Schneider, City Clerk 11 4/20 -- I ~ - .- ._~ - - "'- ~- ~- ......,~ - _OON """" - ~ -- <., AIlCll'l.__ lOOoq.!LlIgn. Ai_try -- -- 1'IInWrun:;!Or.t-. -~ --. -- frOOI~IP"'P81'l'h. - ........-.llUtlIIc MlntrunIOO_~ - ...". -- ~.... """'1I$or~(ISIna:s. '" AIl,,"'~ lOOs:j.ft.1IlQn0l750...ft.. --~ W_m -- -"""100__ ... .~--.cIng- ~CIl'I~. -- ~ --- abM:s_........~. ........-~ , -. - ....~_-=t. _cn__ -- ".... 1S._:zool'fII!tfrOOl~ clffdoraI.oId........... -z;- - ~s~_ --.. - JDOtQ.tL.,...750tQ.1t. ~sJ"'bI"" -- __II-*'on __750'-. -- __cr_~, --- ...II~..,~ ..,l'M>llI'I_~ -- ".... ...-.:ZOO__"'-'rtc: ...........- -;;- - ..1Dc:-.tc:n_ lOO1CI.I!;......15Iltq.ft. _d.._at'! .,................., -- .,..-)-- 1IlQn1I'~__ -..."" -~- _"'_l1l;I-,.,..... .,..I_t1t1'O ff-.g-~II. __!iOO-.,. -- ".... _2110_"""'-" -- -;;- - --- 15O....ft.tlQn _...."'Ifw WriI.m:>oJIIlod -- ~.}-~ --- -~- --_111- -- ".... -;;-- --- .llXIoq.lL."ot750tQ.ft:. -.- W~_ -- _IOObll-. - ~, ....oecr.:l<ItM_2lXI -~- --- to.eIln:m-.c~ -- ".... - -- -- "' ~Sl.ft.u;n. -- -- ,,- ~ "'-'"""""'__Pl.D~ . 122 Regular Session, April 16, 2001 I , I , , , , V f Right of Way ~ Spacing Measurement , EXHIBIT 2 4-3.10(Kl(IOI -- Street or Highway I , , I I I I ~ , , ----' I , :'" 'A'""""",..."",....."",....,..,.,.",.""",.\.".,.,.."...,...........""""",. ~ Rigllt of Way Spaciug Measurement I 10-- r I ---., Street or Highway Right of Vay Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Alley Between Rhomberg and Garfield from Dock to Fengler - Sanitary Sewer Extension Project - Award Contract: Proofs of publication on notice of hearing on plans and specifications, r I I I I I A and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Sanitary Sewer Extension Project in the alley between Rhomberg and Garfield from Dock to Fengler to Tschiggfrie Excavating in the amount of $117,238.89, presented and read. Robbins moved that the proofs and communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 150-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Regular Session, April 16, 2001 123 . Whereas, on the 14'" day 01 March, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Sanitary Sewer Reconstruction - Alley between Rhomberg and Garfield, from Dock to Fengler. 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 DUBUOUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 16th day of April,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. . RESOLUTION NO. 151-01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Sanitary Sewer Reconstruction - Alley between Rhomberg and Garfield, from Dock to Fengler pursuant to Resolution No. 116-01 and notice to bidders publiShed in a newspaper published in the City of Dubuque, Iowa on the 23" day 01 March, 2001. Whereas, said sealed proposals were opened and read on the 5th day of April, 2001, and it has been determined that the bid of Tschiggfrie Excavating of Dubuque, Iowa, in the amount of $117,238.89 was the lowest bid for the lurnishings 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 Tschiggfrie Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perlormance 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 16th day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Robbins moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. . Kerper Court - Vacating Petition: City Manager recommending to approve a request from John P. and Letha A. Mihalakis and Richard L. and Cindy Billmeyer, to vacate various easements at Kerper Boulevard and Kerper Court, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 152-Q1 RESOLUTION DISPOSING OF INTEREST AND VACATE UTILITY AND OTHER VARIOUS EASEMENTS OVER LOT 5 OF KERPER INDUSTRIAL PARK AND LOT 2 OF FDL SECOND ADDITION Whereas, pursuant to resolution and published notice of time and place of hearing, pUblished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 6th day of April, 2001, the City Council of the City of Dubuque, Iowa met on the 16th day of April, 2001, at 6:30 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: Utility and other various easements on Lot 5 of Kerper Industrial Park and Lot 2 of FDL Second Addition in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuquel Iowa overruled any and all 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 01 the City of Dubuque, Dubuque County, Iowa, in real property described as utility and other various easements on Lot 5 of Kerper Industrial Park and Lot 2 of FDL Second Addition in the City of Dubuque, Iowa, as directed in Resolution No. 775-52 and as described in filed as Instrument No. 3132-72; and Book 159TL, Page 550, in the Office of the Dubuque County Recorder, 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 Releases to John P. and Letha Milhaiakis and Richard L. and Cindy Billmeyer, upon receipt of the above fees. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 16'" day of April, 2001. 124 Regular Session, April 16, 2001 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham rnoved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Buol moved that the rules be reinstated limiting discussion 10 the Council. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Town Clock Plaza: City Manager submitting conceptual designs and approximate cost for (ll opening of Main Street from 5th Street to 9' Street and (2) redevelopment of the area as a pedestrian mall, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. The Council Members reiterated their viewpoints as to their positions for continuation of the closed Town Clock Plaza or the reopening of Main Street. Nicholson moved that the communication be received and filed and that Main Street from 5th 10 9'" Street, the Town Clock Plaza, be reopened. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Michalski, Nicholson. Nays-Duggan, Markham, Robbins. Hearing on Penalties for Tobacco Permit Holders: City Manager recomrnending approval of the assessment of appropriate civil penalties against Casey's General Store, 2699 Rockdale Road; lOCO Speede Shoppe, 2150 Twin Valley Road; Qky Doky Foods, 1256 Iowa Street; Kwik Stop, 280 Locust Street; Kwik Stop, 2320 Highway 61; Wareco, 700 Rhomberg for the sale of tobacco to minors, presented and read. Buol moved that the communications be received and filed and approved assessments. Seconded by Nicholson. Motion carried 7-0. Attorney Bill Maiers representing Casey's on Rockdale spoke objecting to the assessment. Tom Thornpson of TFM spoke of the special circumstance in this instance and requested consideration. Hal Higgs of Caseys spoke stating that laws can be changed if legislators are approached. Storm Water Detention Policy - Amendment: City Manager recommending an amendment to the City's Storm Water Detention Poiicy to include non-residential subdivisions and planned unit developments, presented and read. Nicholson moved that the communication be received and filed. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO. 153-01 RESOLUTION PROVIDING FOR AN AMENDMENT OF THE CITY OF DUBUQUE STORM WATER DETENTION POLICY Whereas, the City of Dubuque has established a Storm Waler Detention Policy for' residential subdivisions and planned unit developments; and Whereas, the City of DUbuque has determined that the arnendment of this policy is to include non. residential subdivisions and planned unit developments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque Storm Water Detention Policy is hereby amended to include non-residential subdivisions and planned unit developments. Passed, approved and adopted this 16th day of April, 2001. Terrance M. Duggan, Mayor Atlest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Demolition Districts: Communication from the Historic Preservation Commission recom- mending amendments to Demolition Districts in the City, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Amending Section 11-4 of the City of Dubuque Code of Ordinances, pertaining to Demolition Districts, presented and read. OFFICIAL PUBLICATION ORDINANCE NQ, 22-01 AN ORDINANCE AMENDING SECTION 11-4 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, PERTAINING TO DEMOLITION DISTRICTS Whereas, the City of Dubuque established demolition districts to allow for the City Council's review of demolition permits that might impact buildings of historic or architectural significance in these districts; and Whereas, the City has appointed a Historic Preservation Commission to review demolition permits in historic districts; and Whereas, the City desires to have the Historic Preservation Commission serve as an advisory review board for demolition permits in demolition districts; and Whereas, the City has initiated a Downtown Comprehensive Planning Process in an area that includes portions of existing demolition districts; Whereas, the City desires to establish a downtown demolition district that encompasses this planning area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, April 16, 2001 125 . Section 1. That Section 11-4 of the City of Dubuque Code of Ordinances is hereby amended as follows: 11-4(a)(8) Downtown Neighborhood: Beginning at the intersection of White Street and Fourteenth Street, thence southerly along White Street to its intersection with Fifth Street; thence easterly along Fifth Street to its intersection the railroad tracks; thence easterly along the railroad tracks to their intersection with the Mississippi River; thence southerly along the riverfront across the lee Harbor to the eastern terminus of First Street; thence westerly along First Street to its intersection with U.S. Highway 61/151; thence southerly along U.S. Highway 61/151 to its intersection with the Locust Street Connector; thence weste.rly along the Locust Street Connector and across Locust Street to Jones Street; thence westerly along Jones Street to its intersection with Bissell lane: thence northerty along Bissell Lane extended to First Street; thence westerly along First Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Fifth Street; thence easterly on Fifth Street to. its intersection with Locust Street; thence northerly on Locust Street to its intersection with Seventh Street; thence westerly on Seventh Street to its intersection with Bluff Street; thence southerly on Bluff Street to its intersection with Fifth Street; thence westerly along Fifth Street to the bluff line; thence northerly along the bluff line to Ninth Street; thence easterly along Ninth Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Tenth Street; thence easterly along Tenth Street to its intersection with Iowa Street; thence northerly along Iowa Street to Its intersection with Fourteenth Street; thence easterly along Fourteenth Street to its intersection with White Street, which Is the point of beginning. 11-4(b) Discretionary waiting period and advisory review by the Historic Preservation Commission. Upon receiving an application for a demolition permit for any building located in whole or in part within the neighborhoods described in paragraph (al of this section, the building official shall immediately notify the Historic Preservation Commission of such application. At its next regular meeting, the Commission must then take formal action to either recommend approval or denial, or to table the demolition permit for additional information for a specified period not to exceed sixty (60) days trom the date of permit application in the Building Services Department. A failure of the Commission to take action on the demolition permit within the sixty (60) day limitation, unless the applicant(s) for the demolition permit request(s) an extension, shall constitute Commission approval thereof. The . . recommendation of the Commission, if forthcoming, and the demolition permit shall be transmitted to the City Clerk. The City Clerk shall transmit the recommendation of the Commission, if forthcoming, and the demolition permit within the sixty (60) day limitation to the City Council for consideration. At its next regular meeting, the City Council must then take formal action to either approval or deny, or to withhold the demolition permit for additional information for a specified period not to exceed ninety (90) days from the date of permit application in the Building Services Department, unless the applicant(s) for the demolition permit request(s) an extension. If the Council fails to take action to approve or withhold the demolition permit within the ninety (90) day limitation, notwithstanding an extension requested by the applicant(s), the building official shall 'Issue the permit forthwith. The Council may in its discretion withhold the demolition permit whenever it determines that the building for which the permit is sought may be of historical or architectural significance to the city. The purpose of this waiting period is to enable the Council and the Commission to have time to investigate the historical or architectural value of the building to the community and to take such action(s) as may be appropriate to ensure or encourage its preservation. However, nothing in this section shall authorize the withholding by the building official of a demolition permit for more than ninety (90) days from the date of permit application in the Building Services Department, unless the applicant(s) for the demolition permit request(s) an extension. 11-4(c) Guidelines and review criteria. The report, "Heritage of Dubuque" dated March 1974 and filed of record on January 27, 1975. shall be considered as a comprehensive study for the historical preservation of the city and as one of the guides to be considered at such time as a demolition permit is applied for in a reference neighborhood. Any subsequent official architecturallhistorical surveys/evaluations and nominations to the National Register of Historic Places prepared for any buildings located within the neighborhoods described in paragraph (a) of this section also shall be considered as guidelines at such time. Upon receiving an application for a demolition permit for any building located in whole or in part within the neighborhoods described in paragraph (a) of this section, the Historic Preservation Commission shall consider the requested demolition in accordance with the standards for review set forth in Section 25-10 of this Code of Ordinances, and the guidelines identified above. As set forth in Section 25-10 of this Code, the Secretary of the Interior's Standards for Rehab#itation and Guidelines for 126 Regular Session, April 16, 2001 Rehabilitating Historic Buildings, and any subsequent revisions of these standards and guidelines by the Secretary of the Interior shall provide the criteria by which the Commission shall review the requested demolition. Section 2. This ordinance shall not apply to an application for a demolition permit for the building located at 841-846 Central Avenue. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this16th day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 23'" day of April, 2.001. Jeanne F. Schneider, City Clerk 11 4/23 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it Is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Grand Opera House Construction Ordinance: City Manager recommending approval of a request from the Grand Opera House for a construction ordinance to construct two new iron and concrete fire escapes that will serve as required exits from the balcony and main theater floor, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 An Ordinance Authorizing the Grand Opera House to construct iron and concrete exit stairs in the public alley between 8'h and 9'" Streets, presented and read. OFFICIAL PUBLICATION ORDINANCE NO, 23-01 AN ORDINANCE AUTHORIZING THE GRAND OPERA HOUSE TO CONSTRUCT IRON AND CONCRETE EXIT STAIRS IN THE PUBLIC ALLEY BETWEEN aTH AND 9TH STREETS NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That The Grand Opera House as the owner of the premises known as 135 West Slh Street, Dubuque, Iowa, and legally described as be and they are hereby granted the revocable permit and authority to construct and maintain exit stairways under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal..laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liabil11y for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said stairways; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c.Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said exit stairways 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 arising out of the location, installation, existence, construction or maintenance of exit stairways and to pay reasonable attomey fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmiess from any and all claims, loss, liability and expense for death andlor injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission 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, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said exit stairways and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said exit stairways at permittees' 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 exit stairways. Section 5. That permittees 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 not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal Regular Session, April 16, 2001 127 . injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to The Grand Opera House 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 to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Section B. Iowa One.Catl registration is required by State Law and can. be accomplished by calling 1-800-292-8989 and asking for Sharon Deyo. Submit documentation to the City Engineering Division of One-Call membership when received. Passed, approved and adopted this 16th day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 23-01 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 23-01, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By: Is! Susan J. Riedel Title: Theatre Manager Dated: 4/4/01 Published officially in the Telegraph Herald newspaper this 23" day of April, 2001. Jeanne F. Schneider, City Clerk 1t 4/23 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and turther moved tinal consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. . Mayor Duggan left the Chambers due to potential conflict of interest and turned control of the meeting over to Mayor Pro-Tern Markham. . Brewery Property Eminent Domain Proceedings: City Manager recommending that the City proceed with condemnation and acquire the Brewery property, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. Douglas Meyer of the Crompton Corp., 4056 Glass RD NE, Cedar Rapids, IA spoke stating they would like to work with the City. RESOLUTION NO. 154-01 AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY-OWNED BY THE ASPERMONT COMPANY BY EMINENT DOMAIN WHEREAS, the City of Dubuque (City) intends to acquire certain real property owned by the Aspermont Company (Aspermont), legally described on Exhibit A attached hereto (the Property); AND WHEREAS, City has caused an appraisal of the Property to be made and has established the fair market value of the Property as $ 1,390,000; AND WHEREAS, City has offered to purchase the Property lor the fair market value but has not been able to reach agreement with Aspermont and the other interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Corporation Counsel is hereby authorized to commence eminent domain proceedings to acquire the Property. Passed, approved and adopted this 16th day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk LEGAL DESCRIPTION PARCELl Lots 5, 6, 7, 8, 9 and 10, in Block 3; the parts of lots 2, 3 and 4, in Block 3 not included in Fourth Street; Lots 1,2,3,4,5,6,7,8,9, 10 in Block 4; Lots 1, 2, 3, 4, 5, and 6, in Biock 5; the parts of lots 7, 8 and 9, in Block 5, not included in Fourth Streel; Lot 1 of lot 10, the unnumbered part of lot 10 not included in Fourth Street, Lot 1 of lot 11, the unnumbered part of lot 11 not included in Fourth Street, and, Lot 1 of lot 12, in Block 5; Lots 13, 14, 15, 16, lot 1 of lot 17, lot 1 of lot 18, lot 1 of lot 19, in Block 6: Lot 1 of lot 20, The unnumbered part of lot 20 not included in Fourth Street, Lot 1 oflot21, the unnumbered part of lot 21 not included in Fourth Street, ail at lots 22 and 23 not included in Fourth Street, and Lot 1 of lot 24, in Block 6; Lot 38, lot 1 of lot 34, lot 1 of lot 35, lot 1 of lot 36, and iot 1 of lot 37, in Block 11; in Dubuque Harbor Improvement Company's Addition to the City of Dubuque, iowa, according to the recorded Plats thereof. PARCEL II Lots 15, 16, 17, 18, 19,20,21,22,23, and 24, 128 Regular Session, April 16, 2001 the unnumbered part of iot 13 not included in Fourth Street, and the unnumbered part of lot 14 not inciuded in Fourth Street, in Block 5, in Dubuque Harbor Improvement Company's Addition to the City of Dubuque, Iowa, according to the recorded Plats thereof. PARCEL III Lot 1 of Riverwalk 2nd Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof. PARCEL IV The vacated portion of Tower Street from the north line of Wall Street to the South line of East Fourth Street Extension; The vacated alley in Block 5; The vacated portion of Pine Street from the Levee to Bell Street; The vacated portion of the alley from the west side of lot 34 to the east side of lot 38, in Block 11; The vacated alley in Block 6; in Dubuque Harbor Improvement Company's Addition, in the City of Dubuque, Iowa, according to the recorded Plats thereof. Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Mayor Duggan then returned to the Chambers and took control of the meeting. Residential Parking Permit District - Senior High School Area: City Manager submitting additional information regarding the May 7, 2001 public hearing on the proposed amendment to Residential Parking Permit District "C" in the Senior High School area, presented and read. Cline moved that the communication be received and filed. Seconded by Buol. Motion carried 7 -0. Housing Commission: Communication from James Holz, Chairperson of the Housing Commission, regarding the status of one of their members, presented and read. Michalski moved that this be referred back to the Housing Department with the recommendation that they try to resolve the situation with a letter to the individual. Seconded by Markham. Motion carried 7-0. Cedar Ridge Farm Place No.4 - Final Plat: City Manager recommending approval of the final plat of Cedar Ridge Farm Place No.4, a commercial subdivision, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO, 151- 01 A RESOLUTION APPROVING THE FINAL PLAT OF CEDAR RIDGE FARM PLACE NO.4 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Cedar Ridge Farm Place No. 4 in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Cedar Crest Ridge (Lot A) together with certain publiC utility and sewer easements and storm water detention facility (Lot B and Lot C) which the owners by said final plat have dedicated to the public forever; and Whereas, said plat provides 0 feet of frontage for Lot C, where 60 feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted In Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or Installed; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Cedar Crest Ridge (Lot A), storm water detention facility (Lot B and Lot C) together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot C to have 0 feet of frontage, where 60 feet of frontage is required. Section 3. That the plat of Cedar Ridge Farm Place No.4 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Cedar Crest Ridge (Lot A) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a Regular Session, April 16, 2001 129 . manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To construct a storm water detention facility in a manner acceptable to the City Engineer in accordance with the improvement plans and City of Dubuque Standard Specifications approved by the City and inspected by the City Engineer. (d) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; (e) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, iowa, at the sole expense of the owners, or future owner; And, further provided that said Nemmers Cedar Ridge Farm Limited Partnership, as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 4. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the platted lots. Section 5. The undersigned owner hereby agrees to continue to own and maintain the detention facility until: (1) it has been fully completed; (2) 80% of the platted lots have been fully developed; and (3) adequate erosion control measures, as approved by the City, have been installed in the remaining 20% of the lots. Section 6. Upon the City's acceptance of the detention facility, the undersigned owner hereby agrees that periodiC inspection, administrative and maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot B and Lot C) shall be assessed against Lots 1 through 7 in proportion to the acreage of each lot as a percentage of the acreage in the subdivision. Such costs will be dependent upon the condition of the facility. The City Manager shall certify such costs to the City Cierk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same . . manner as general property taxes in accordance with provisions of law. Section 7. That the final acceptance of ail public improvements shall occur upon certification of the City Engineer to the City Council that all publiC improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 8. That in the event Nemmers Cedar Ridge Farm Limited Partnership fails to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after fhe date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective, Passed, approved and adopted this 16th day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. COUNCIL MEMBER REPORTS Nicholson reported on the IDOT meeting and the finalization of the SW Arterial route. Also there were positive comments about the great joint presentation of various groups lobbying for the Vision Iowa funds and the latest increase in Vision Iowa monies for the America's River Discovery Center which will allow the project to start quickly. ITEMS TO BE SET FOR PUBliC HEARING Flat Iron Park Renovation - Initiate: City Manager recommending initiation of the bidding process for the renovation of Flat Iron Park and that a public hearing be set for May 7, 2001, presented and read, Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 156-01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the FLAT IRON PARK RENOVATION PROJECT, in the estimated amount of $105,500, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 16th day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 130 Regular Session, April 16, 2001 RESOLUTION NO. 157-01 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 FLAT IRON PARK RENOVATION PROJECT. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 7th day of May, 2001, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration, At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 16th day at April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 158-01 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the FLAT IRON PARK RENOVATiON PROJECT is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 27th day of April, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 7th day of May, 2001. Passed, approved and adopted this 16th day of Aprii, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Community Development Block Grant Curb Ramp Project Initiate: City Manager recommending initiation of the bidding process for the Community Development Block Grant (CDBG) curb ramp project and that a public hearing be set for May 21, 2001, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 159-01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATtONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2001 Curb Ramp Installation - CDBG Project, in the . estimated amount of $44,290.18, are hereby approved and ordered tiled in the office of the City Clerk for public inspection. Passed, adopted and approved this 16~ day of April,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 160-01 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 2001 Curb Ramp Instailation - CDSG Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 21" day of May, 2001, a public hearing wili be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Regular Session, April 16, 2001 131 . Passed, adopted and approved this 16" day of April, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 161-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 2001 Curb Ramp Installation - CDBG Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk Is hereby directed to advertise for bids for the construction of the impmvements herein provided, to be pUblished in a newspaper having general circulation in .the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 3'" day of May, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 21" day of May, 2001. Passed, adopted and approved this 16'h day of Aprii,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Residential Parking Permit District - Amy Court: City Manager recommending that a public hearing be set for May 21, 2001, to consider a request for a Residential Parking Permit District on Amy Court, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. . RESOLUTION NO. 162-01 RESOLUTION SETTING A PUBLIC HEARING ON EST ABLISHING A RESIDENTIAL PARKING PERMIT DISTRICT ON AMY COURT FROM MARJORIE CIRCLE TO THE NORTHERLY END Whereas, the City of Dubuque, pursuant to Section 32-383 of the Code of Ordinances, has received a petition containing sufficient signatures requesting that an area described as follows be designated as a Residential Parking Permit District: Amy Court, from Marjorie Circle to the northerly end; and Whereas, pursuant to said Section 32-383, the City Manager has caused a parking study of the area identified above to be undertaken and which study shows at least 80 percent (80%) of the curbside parking spaces in the proposed parking permit district were utilized during peak periods, and at least 25 percent of the curbside parking spaces in the proposed parking permit were utilized by non-resident parking; and Whereas, the City Manager, based upon the results of the study, and in accordance with Section 32-383, recommends that the area be designated as a Residential Parking Permit District and that the City Council set a public hearing on the petition to establish such area as a Residential Parking Permit District and the hours such parking restrictions are to be in effect. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council finds and determines that a valid petition has been received for the designation of Amy Court from Marjorie Circie to the northerly end as a Residentiai Parking Permit District. Section 2. That the Residential Parking Permit District hours be effective between the hours of 7 a.m. and 3 p.m. daily, except Saturdays, Sundays, and holidays. Section 3. That the City Clerk be authorized and directed to publish a notice of public hearing on the designation of the above described area as a Residential Parking Permit District, to be held on May 21, 2001. Passed, approved and adopted this 16" day of April,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution with the Public Hearing set for 5/21/01 at 6:30 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Bond Sale to Support America's River Project Components: City Manager recommending that a public hearing be set for May 7, 2001 on the proposition of selling not to exceed $12,500,000 in General Obligation Bonds to support components of the America's River Project, presented and read. Markham moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO.163-01 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $12,500,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF DUBUQUE, 132 Regular Session, April 16, 2001 IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General Obligation Bonds to the amount of not to exceed $12,500,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose projects as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at 6:30 o'clock P.M., on the lth day of May ,2001, for the purpose of taking action on the matter of the issuance of not to exceed $12,500,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of the aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District, including those costs associated with the acquisition and construction of parking improvements and site development for the Mississippi River National Education and Conference Center, and the construction, development, improvement and beautification of the banks and other areas adjacent to flood control improvements in said District, including construction of rivelWalk, streetscape and lighting improvements, rehabilitation and conservation of historic structures, and construction of boat docking, harbor, parking and related public infrastructure improvements in support of the America's River project. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, sa:d publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, -ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $12,500,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the lth day of May, 2001, at 6:30 o'clock P.M., in the Auditorium, Carnegie- Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $12,500,000 General Obligation Bonds for essential corporate purposes of said Cily, in order to provide funds to pay costs of the aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District, including those costs associated with the . acquisition and construction of parking improvements and site development for the Mississippi River National Education and Conference Center, and the construction, development, improvement and beautification of the banks and other areas adjacent to flood control improvements in said District, including construction of riverwalk, streetscape and lighting improvements, rehabilitation and conservation of historic structures, and construction of boat docking, harbor, parking and related public infrastructure improvements in support of the America's River project. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 16th day of April, 2001. Jeanne F. Schneider, City Clerk of Dubuque, Iowa (End of Notice) PASSED AND APPROVED this 16th day of April, 3002. Terrance M. Duggan, Mayor Regular Session, April 16, 2001 133 . ATTEST: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution and set Public Hearing for 5m01 at 6:30 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. At 8:38 P.M. Buol moved to go into Closed Session re: Property Acquisition (Iowa Code Chapter 21-.5(1 )0). Seconded by Nicholson. Motion carried 7-0. At 8:57 P.M., Council reconvened Ragular Session stating that Staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 8:58 P.M. Is/ Jeanne F. Schneider City Clerk 11 4/25 . . Approved: 2001 Adopted: Council Members Attest,'. ~. ~~~ v ty Clerk