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2001 August Council Proceedings Special Session, August 6, 2001 257 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 6, 2001 Council met for Dinner in the Library Rotunda at 5:00 P.M. Council met in Special Session at 5:30 P.M., in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing the Town Clock Plaza. . Kevin Eippe~e of the Durrant Group spoke giving the specifics of the proposed design for the reopened Town Clock Plaza. Discussion encompassed responding to specific questions about the turn-around at the Town Clock, the color of the concrete, benches, the Continuum sculpture removal and the possibility of moving the Town Clock. There being no further business, Michalski moved to adjourn the Special Session. Seconded by Buol. Motion carried 7-0. This Special Session adjourned at 6:28 P.M. Isl Jeanne F. Schneider City Clerk . .=;- 2001 2001 0Y.-? CityCler 258 Regular Session, August 6, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, August 6, 2001 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the Council. Invocation was given by Council Member Patricia Cline. PROCLAMATIONS: Responsible Gaming Education Week (August 6 - 10, 2001) received by Bruce Wentworth and Carrie Zaber; International Dragon Boat Festival (August 10, 11, and 12, 2001) received by Jean Flowers; United Way Campaign Time (August 15 - October 2001) received by Marv and Cathy O'Hare. CONSENT ITEMS Minutes Submitted: City Council Proceedings of 7/16, 7/23 and 7/30; Civil Service Commission of 7/3 and 7/17; Community Development Advisory Commission of 6/14 and 7/17; Five Flags Commission of 7/16; Housing Code Appeals Board of 5/15; Housing Commission of 7/17; Housing Commission Trust Fund of 7/26; Investment Oversight Commission of 7/27, presented and read. Michalski moved that the minutes be received and filed. Seconded by Robbins. Motion carried 7-0. Printed Council Proceedings for April, 2001, presented and read. Michalski moved that the proceedings be approved as printed. Seconded by Robbins. Motion carried 7-0. PrQof of publication for Council Proceedings of July 2 and 10, 2001; proof of publication of list of claims and summary of revenues for month ending June 30, 2001, presented and read. Michalski moved that the proofs be received and filed. Seconded by Robbins. Motion carried 7-0. Finance Director submitting the City of DUbuque Financial Reports for the month ending June 30, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Quarte~y Report of the Dubuque Area Chamber of Commerce Convention and Visitors Bureau; Substance Abuse Services Center Fourth Quarter Report for Fiscal Year 2001' Investment Oversight Commission 33'" Quarterly Report, presented and read. Michalski moved that the reports be received and filed. Seconded by Robbins. Motion carried 7-0. Notice of Claims/Suits: H. Diane Chevalier In undetermined amount for personal injury; David Fisch in estimated amount of $50.00 for property damage; Mark D. Fox in estimated amount of $558.46 for vehicle damage; Julie Harris in undetermined amount for vehicie damage; Elizabeth Kelly in estimated amount of $58.25 for vehicle damage; Shopko Store #164 in estimated amount of $855.60 for property damage; John J. Sullivan in estimated amount of $232.94 for vehicle damage; Phil Toth in estimated amount of $1,500 for personal injury, presented and read. Michalski moved that the claims be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7-0. Notice of appeal in the matter of the condemnation of certain rights in land for the Ice Harbor Urban Renewal District by Agri Industries, presented and read. Michaiski moved that this be referred to the Legai Staff for investigation and report. Seconded by Robbins. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool, H. Diane Chevalier for personal injury; Mark D. Fox for motorcycle damage; Julie G. Harris for property damage; Shopko for property damage; Phil Toth for personal injury; presented and read. Michalski moved that the communications be received and filed and concurred. Seconded by Robbins. Motion carried 7-0. Corporation Council recommending denial of the claims of Elizabeth Kelly for vehicle damage and John Woerdehoff for property damage, presented and read. Michalski moved that the communication be received and filed and concurred. Seconded by Robbins. Motion carried 7-0. Corporation Council recommending that the claim of Kimberiy Kohl for personal injury be forwarded to Mueiler Pipeline, presented and read. Michalski moved that the communication Regular Session, August 6, 2001 259 . be received and filed and concurred. Seconded by Robbins. Motion carried 7-0. Citizen Communications: Communication of Roger J. Nemmers requesting to purchase a parcei of City-owned property on Fremont Avenue, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Robbins. Motion carried 7-0. Communication of James E. Goodman, Jr., representing James and Patricia Peters, requesting relocation of an easement on Huntington Drive, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Robbins. Motion carried 7-0. Communication of Lloyd Gudenkauf requesting City's final acceptance of Jaeger Heights Subdivision #2. Phase II, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Robbins. Motion carried 7-0. . Communication of Lloyd Gudenkauf requesting City's final acceptance of Patricia Ann Subdivision (second request), presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Robbins. Motion carried 7-0. Fiscal Year 2002 REAP Plan: City Manager recommending approval of an update for the City of Dubuque's Fiscal Year 2002 REAP (Resource and Enhancement Program) Plan for Dubuque County, including a grant application for the Julien Dubuque Nature Trail, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 339-01 RESOLUTION AUTHORIZING A GRANT APPLICATION FOR IOWA DEPARTMENT OF NATURAL RESOURCES REAP FUNDS FOR THE JULIEN DUBUQUE NATURE TRAIL, A PORTION OF THE HERITAGE TRAIL EXTENSION Whereas, the iowa Department of Natural Resources has allocated grant funds for the development of multi-purpose trails; and Whereas. the City of Dubuque has adopted a Comprehensive Plan and a Rivertront Plan that include goals for development of bike/hike trails; and Whereas, the City of Dubuque has adopted the Heritage Trail Master Plan that includes the extension of Heritage Trail to the Mines of Spain utilizing the Alliant Energy Powerline Corridor to Julien Dubuque Drive. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign and the Planning Services Manager is hereby authorized to submit the resolution and the application to the Iowa Department of Natural Resources for REAP funds for the Julien Dubuque Nature Trail. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use for a minimum of 20 years following project completion. Passed, approved and adopted this 6th day of Aug ust, 2001 . Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Certified Local Government (CLG) Grant for Design Guidelines: City Manager recommending approval for the submission of an application to the State Historic Preservation Office for a Certified Local Government (CLG) Grant application to provide design review training, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 340-01 RESOLUTION APPROVING THE SUB- MISSION OF AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT GRANT TO PROVIDE DESIGN REVIEW TRAINING Whereas, the State Historical Society of Iowa has Certified Local Government (CLG) grants available for historic preservation projects; and Whereas, training in the design review process is an eligible activity for the CLG grant program; and Whereas, the State Historical Society of Iowa has invited the City of Dubuque to apply for a special CLG grant program for design review training; and Whereas, the City of Dubuque has received a CLG grant for development of a design guidelines manual. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application for CLG funds to provide design review training is hereby approved. Section 2. That the Planning Services Manager is hereby authorized to sign the contract with and submit requests for reimbursements to the State Historical Society 260 Regular Session, August 6, 2001 of Iowa for CLG funds to provide design review training if the grant is awarded. Section 3. That the Planning Services Manager is hereby authorized to utilize budgeted City funds to provide the required local match shouid the CLG application be approved by the State. Section 4. That the City of DUbuque agrees to abide by all iocai, state and federal requirements applicable to the proposed project. Passed, approved and adopted this 6th day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Civil Service Commission: July 17, 2001 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2001 Code of Iowa, an examination for the position of Foreman was given on June 27, 2001. We hereby certify that the individuais listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. FOREMAN John J. Huekels Patrick R. DeHeck Jeff J. Steuer Paul Herman Timothy J. Schmit Robert J. Barry Ron S. Gulyash Respectfully submitted, Isl Loras Kiuesner, Chairperson Isl Merle Duehr Isl Richard Wertzberger Civil Service Commission Michalski moved that the above Civil Service certification be made a matter of record. Seconded by Robbins. Motion carried 7-0. July 17, 2001 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2001 Code of Iowa, an examination for the position of Equipment Mechanic was given on June 26, 2001. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this iist and that this list is good for two (2) years from above date. EQUIPMENT MECHANIC William J. Jungk Thomas L. Moriarity Carl J. Rauscher Richard F. Grothe James P. Martin Duane J. Ernster Paul Herman Larry P. Hoppman Frederik C. Timmermans Roger D. Ohmert Michael J. Maas Jeffrey J. Kartman Respectfully submitted, Isl Loras Kluesner, Chairperson Isl Merle Duehr Isl Richard Wertzberger Civil Service Commission Michaiski moved that the above Civil Service certification be made a matter of record. Seconded by Robbins. Motion carried 7-0. Supplement No. 50: City Manager recommending adoption of Supplement No. 50 to the Code of Ordinances, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 341-01 ADOPTING SUPPLEMENT NO. 50 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council" pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including December 19,1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 50 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 32-01 enacted through May 21, 2001 and prepared by the Sterling Codifiers, Inc., Couer d Alene, ID hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Penalties for Tobacco Permit Holders: City Manager recommending that a hearing be set for August 20, 2001 to consider assessing civil penalties to thirteen businesses for underage tobacco sales, presented and read. Michalski moved that the communication be received and filed and set the hearing for 8/20101 at 6:30 P.M. Regular Session, August 6, 2001 261 . In the public library auditorium. Seconded by Robbins. Motion carried 7-0. Fireworks Display: Request from the Dubuque Jaycees, KDTH, KATF and KGRR Radio to conduct a fireworks display on Wednesday, July 3, 2002, in the vicinity of the Hawthome Street Boat Ramp, presented and read. Michalski moved that the communication be received and filed and request approved. Seconded by Robbins. Motion carried 7-0. Recycling Services Contract: City Manager recommending approval of a new recycling services contract with Browning Ferris Industries (BFI), presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carried 7-0. . Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding and Agreement with the Vlsitin9 Nurse Association (VNA): City Manager recommending approval of a contract with the Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program and a renewed agreement with the VNA for services, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 342-01 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH AND AN AGREEMENT WITH THE DUBUQUE VISITING NURSE ASSOCIATION Whereas, the City of Dubuque has established such a local childhood lead poisoning prevention program; and Whereas, the Iowa Department of Public Health has offered to provide financial support for activities relating to the local childhood lead poisoning prevention program In the City of Dubuque; and Whereas, the City of Dubuque will provide environmental and medical case management of identified lead poisoned children in addition to community outreach and education on the problem of childhood lead poisoning. Whereas, the City of Dubuque must provide medical case management for all lead poisoned children in the City and provide community outreach and education; and Whereas, the City of Dubuque will enter into an agreement with the Dubuque Visiting Nurse Association to' provide medical case management of lead poisoned children and conduct community outreach and education for the citizens of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the attached contract between the Iowa Department of Public Health and the City of Dubuque, Iowa. Section 2. That the attached Memorandum of Understanding by and between the City of Dubuque, Iowa and the Dubuque Visiting Nurse Association is hereby approved. Section 3. That the City Manager or his designee is hereby authorized and directed to execute said contract and agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 6" day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Mechanics Addition - Plat of Survey: City Manager recommending approval of the plat of survey of Lots 138, 139, and the east six feet of Lot 155 in Mechanics Addition, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 343-01 RESOLUTION APPROVING PLAT OF SURVEY OF LOTS 138, 139, AND THE EAST SIX (6) FEET OF LOT 155 ALL IN MECHANICS ADDITION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated July 16, 2001, prepared by the City of Dubuque describing the retracement of Plat of Survey of Lots 138, 139 and the east 6 feet of Lot 155 all in Mechanics Addition. Whereas, said plat conforms to the laws and statues pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated July 16, 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 plat on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and Is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County" Iowa. Passed, approved and adopted this 6 h day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 262 Regular Session, August 6, 2001 Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Riverwalk Third Addition - Plat of Survey: City Manager recommending approval of the plat of survey for the Riverwalk Third Addition which delineates the project boundary for the Mississippi Education and Conference Center, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 344-01 RESOLUTION APPROVING PLAT OF SURVEY OF LOT 3 OF RIVERWALK 3'" ADDITION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated Juiy 3, 2001, prepared by IIW Engineers & Surveyors P .C. describing Lot 3 of Riverwalk 3'" Addition in the City of Dubuque, Iowa; and Whereas, said plat confonms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated July 3, 2001, prepared by IIW Engineers & Surveyors, P.C. relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the Office of the Recorder, in and for Dubuque Coun~, Iowa. Passed, approved and adopted this 6 h day of August, 2001. Terrance M. Duggan. Mayor Attest: Jeanne F. Schneider, City Clerik Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Local Law Enforcement Block Grant (LLEBG): City Manager recommending approval of the submission of a Local Law Enforcement Block Grant application to the United States Bureau of Justice Assistance. presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carried 7-0. Vacant Building Status Report: City Manager submitting the Vacant Building Status Report as prepared by the Housing and Community Development Department, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Legislative Correspondence: Communication of City Manager to Congressman Greg Ganske advising of the City's concern with HR 1542, the "Tauzin-Dingell Intemet Act" and requesting opposition to this bill as currently written, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. ICMA - Governmental Affairs and Policy Committee: City Manager advising that he has accepted an invitation to serve a three year term on the Governmental Affairs and Policy Committee (GAPC) of the International City/County Management Association, presented and read. Nicholson stated this appointment of the City Manager was a great honor for the City and moved to receive and file the communication. Seconded by Michalski. Motion carried 7-0. Quarterly Investment Report: City Manager submitting the City's Quarterly Investment Report through June 30, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. National League of Cities: Communication from Donald Borut, Executive Director of the National League of Cities, regarding the opportunity to present proposed amendments to the National Municipal Policy and separate resolutions, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Renewal of Section 8 Housing Contract: City Manager recommending approval of the renewal contract for Section 8 Housing for the Garfield single room occupancy project, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carried 7-0. 957 Main Street and 965 Main Street - Request to Demolish: Communication from Brian J. Kane, representing The Fischer Companies, withdrawing their application to demolish 957 Main Street and 965 Main Street and stating they do not desire to have a public hearing on the matter, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Business License Refunds: Refund of Cigarette License for Caseys General Store on Rockdale Road and Caseys General Store on Peru Road in the amount of $100.00 each, presented and read. Michalski moved that the Regular Session, August 6, 2001 263 . communication be refunds approved. Motion carried 7-0. received and filed and Seconded by Robbins. Dubuque Jaycees: Request of the Dubuque Jaycees to transfer their liquor license to the Iowa Street Parking Ramp as a rain site for the August 17, 2001 All That Jazz event, presented and read. Buol moved that the communication be received and filed and request approved. Seconded by Robbins. Motion carried 7-0. Business Licenses: . RESOLUTION NO. 345-01 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 permit to sell Cigarettes and Cigarette Papers within said City. 1 RENEWAL Arby's Q-Mart Arcon Inc. 10 Main St Passed, approved and adopted this 6th day of August, 2001 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 346-01 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 PERMIT Tri-State Golf Center Inc. Tri-State Golf Center+(Sunday/Outdoor Sale) 1095 Cedar Cross Rd CLASS C BEER PERMIT Muigrew Oil Co AMOCO Food Shop+ (Sunday Sale) 1450 Loras Blvd CLASS B (5-DAY SPECIAL EVENT) Dubuque Jaycees Dubuque Jaycees Tent A+(Outdoor Sale) Town Clock Plaza Dubuque Jaycees Dubuque Jaycees Tent B+(Outdoor Sale) Town Clock Plaza Dubuque Jaycees Dubuque Jaycees Tent C+(Outdoor Sale) Town Clock Plaza Music N More (Outdoor Sale) Passed, approved and Aug ust, 2001 . Music N More + Hawthorne St adopted this 6th day Terrance M. Duggan, Mayor Attest:,Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 347-01 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 (5-DAY SPECIAL EVENT) Carlos O'Kelly's Inc. Carlos O'Kellys +(Sunday/Outdoor Service) Miller/Riverview Park The Busted Lift Davey Robertson Public Bar + (Outdoor Ser) 180 Main St CLASS "C" BEER/LIQUOR LICENSE Famolo of Iowa, Inc Los Aztecas Mexican Rest. 2700 Dodge St Passed, approved and adopted this 6th day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS Interviews for the following Boards Commissions: Housing Commission (One unexpired term to expire 8/17/03; Three terms to expire 8/17/04)- Applicants: Jeremy Austin, Char Eddy, Kris Erickson, John L. Henning, Joe Hopkins, David J. Kapler, John J. Plein. Char Eddy and John Henning both spoke requesting consideration for appointment. Housing Advisory Trust Fund Committee (One three year term to expire 9/8/04) - Applicant: John V. Walsh. No one spoke Appointments to the following Boards / Commissions: Long Range Planning Advisory Commission (Two terms expiring 7/1/04) - Applicants: Floyd Schneider and Charles Winterwood, M.D. Michalski moved that Floyd Schneider and 264 Regular Session, August 6, 2001 Charles Winterwood, M.D. be appointed to three year terms expiring 7/1/04. Seconded by Nicholson. Motion carried 7-0. Transit Board of Trustees (One tenm expiring 7/30/04) " Applicant; Don Stedman. Michalski moved that Don Stedman be appointed to a three year term expiring on 7130104. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARINGS Robbins moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Nicholson. Motion carried 7-0. Wartburg Place Reconslructton; Proof of publication on notice of hearing on plans and specifications for the Wartburg Place Reconstruction Project, Communication of City Manager recommending proceeding with the Wartburg Place Reconstruction Project; a Resolution Adopting plans and specifications for the project; a Resolution with respect to the adoption of the Resolution of Necessity proposed for the Wartburg Place Reconstruction Project; Petition (23 signatures) of residents of Sunset Ridge Drive requesting that the proposed storm sewer installation be done first to control storm water management and also questioned the tenmination of snowplowing the Sunset Ridge Dr. area by the City after 75 years; Petition (21 signatures) of residents of Wartburg Place and Sunset Ridge Dr. protesting the creation of a new sidewalk on the east side of Wartburg Place; Petition (13 signatures) of residents of Wartburg Place and Sunset Ridge protesting the creation of a cul-de-sac at the end of Wartburg Place and at the entrance of Sunset Ridge, presented and read. Tim Conlon, 480 Wartburg Place, spoke requesting sidewalks not be installed on the east side and also that the cul-de-sac design be changed to accommodate snow removal and other large vehicles. Regina Thibeau, 530 Sunset Ridge, spoke questioning the City's recent termination of upkeep of Sunset Ridge, stating that after 75 years it is now a private street and also requesting that the storm sewer be done at the beginning of the Wartburg project. Donna Wahiert. 600 Sunset Ridge, spoke raiterating the need for City's snow removal of Sunset Ridge and the early installation of the storm sewer. Jim Kennedy, 575 Sunset Ridge, spoke of the same concerns. Dave Horstmann, of Wartburg Seminary, spoke stating that they agree with the requested deletion of the sidewalks on the east side but have no position as to the cul~de-sac. After Council discussion, Nicholson moved to table this matter for two weeks. Seconded by Michalski. Carried by the following vote: Yeas- Buol, Duggan, Michalski, Nicholson, Robbins. Nays-Cline, Markham. Michalski moved that the rule be reinstated iimiting discussion to Council. Seconded by Nicholson. Motion carried 7 -0. ACTION ITEMS Town Clock; Communication from John E. Butler, President of Cottingham and Butler, requesting that the City relocate the Town Clock to the Town Clock Building at 835 Main Street; Communication from Charlie Glab stating he felt the Town Clock should be moved; Communication from David Wm. Rusk stating his opposition to moving the Town Clock, Communication of Walter Peterson, requesting the Town Clock be relocated to the Town Clock Building; presented and read. Mary Lou Baal, representing Cottingham and Butler, spoke of their commitment to save and restore the Town Clock Building and request that the City facilitate the moving of the Town Clock back onto its original building at 835 Main St. Michalski moved to table this matter for two weeks and staff was directed to research the various issues, Le., liability, easement, maintenance agreement, and cost. Seconded by Nicholson. Motion carried 7-0. 1998 Sidewalk Assessment Installation: Communication from John W. Herrig requesting that he not be required to install sidewalks on the east side of Embassy West Drive north from Pennsylvania Avenue, presented and read. Nicholson moved to give a one year extension on the original decision to delay the Installation of sidewalks in this area. Seconded by Robbins. Motion carried 7-0. Long Range Planning Advisory Commission Membership: Communication from Mary Lynn Neumeister, Chairperson of the Long Range Planning Advisory Commission, regarding membership on the Commission and recommending changes, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Amending Section 36-4 of the City of Dubuque Code of Ordinances regarding composition of the Long Range Planning Advisory Commission, presented and read. . Regular Session, August 6, 2001 265 . OFFICIAL PUBLICATION ORDINANCE NO. 49-01 AN ORDINANCE AMENDING SECTION 36-4 OF THE CITY OF DUBUQUE CODE OF ORDINANCES REGARDING COMPOSITION OF THE LONG RANGE PLANNING ADVISORY COMMISSION Whereas, the City Council has created a Long Range Planning Advisory Commission; and Whereas, the Long Range Planning Advisory Commission has recommended a change in the Commission's composition; and Whereas, the City Council finds that this change in composition will be advantageous for long range planning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 36-4 of the City Code is hereby amended as follows: Sec. 35-4. Long Range Planning Advisory Commission Created; Composition: "There is hereby created a City Long-Range Planning Advisory Commission, which shall consist of seven (7) members, including a member of the City Council designated by the Council and six (6) residents of the City appointed by the City Council who shall be qualified by their knowledge, experience and ability to contribute to the City's long-range planning and development efforts. The City Council shall annually designate a Council member to serve as an alternate in the absence of the Council's designated representative," Section 2. This ordinance shall take effect immediateiy upon publication, as provided by law. Passed, approved and adopted this 6'" day of August, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald the 10'" day of August, 2001. Jeanne F. Schneider, City Clerk 11 8/10 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. . . Long Range Planning Advisory Commission: Communication from the Long Range Planning Advisory Commission submitting the recommended goals and objectives for the 2001 Comprehensive Plan Update, presented and read. Buol moved that the communication be received and filed and set for public hearing on 8/20101 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 Nicholson. Motion carried 7-0. 2408 Central - Construction Ordinance: City Manager recommending approval of a construction ordinance for placement of a roof overhang within the public right-of-way at 2408 Central at the request of Jerry Maro, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 An Ordinance Authorizing Jerry Maro to construct a roof overhang, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 50-01 AN ORDINANCE AUTHORIZING JERRY MARO TO CONSTRUCT A ROOF OVERHANG NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Jerry Maro, as the owner of the premises known as Style Expressions, and legally described as S Y, L 2-171 and Lot 1-2-1- 171 L.H. Langworthy's Addition, City of Dubuque, Dubuque County, Iowa, be and they are hereby granted the revocable permit and authority to construct and maintain a roof overhang 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 liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said overhang; 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 Scheduie; 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 overhang sustained by any person or persons, caused by accident or othervvise 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, 266 Regular Session, August 6, 2001 existence, construction or maintenance of a overhang and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or 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 overhang and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said overhang at permittees' expense and dispose of the same, and the permittees shall have no claim against the City or its agents for damages resulting from the removal of said overhang. 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 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 Jerry Maro 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 8. Iowa One-Call 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 6" day of Aug ust, 2001 . Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 50-01 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 50-01, 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: /s! Jerry Maro Title: Owner Dated: 7/19/01 Published officially in the Telegraph Herald the 10'" day of August, 2001. Jeanne F. Schneider, City Clerk 1t 8/10 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. L & I Building / Salina Street Dock - Construction Ordinance: City Manager recommending approval of a construction ordinance allowing Lester R. Weber, L & I Building (formerly Anderson-Weber Building) to place an enclosed loading dock within the public right-of-way, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. An Ordinance Authorizing Lester R. Weber to construct a dock, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 51-01 AN ORDINANCE AUTHORIZING LESTER R. WEBER TO CONSTRUCT A DOCK NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Lester R. Weber as the owner of the premises known as L & I Building, and legally described as Block A Industrial Subdivision, City of Dubuque, Dubuque County, Iowa, be and they are hereby granted the revocable permit and authority to construct and maintain a dock 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: Regular Session, August 6, 2001 267 . a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said dock; and b. Procure and maintain in force during the term of this penmit 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 dock 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 a dock and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or 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 dock and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said dock at permittees' expense and dispose of the same, and the permittees shall have no claim against the City or its agents for damages resulting from the removal of said dock. 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 injuries andlor 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 . . Lester R. Weber when this Ordinance has been adopted by the City Council and the tenms 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 penmittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Section 8. Iowa One-Call 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 6" day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 51-01 The undersigned having read and being familiar with the tenms and conditions of Ordinance No. 51-01, 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 perfonmed by permittees. By: Is/Lester R. Weber Title: President L & I Building Dated: 7/30/01 Published officially in the Telegraph Herald the 10" day of August, 2001. Jeanne F. Schneider, City Clerk 11 8/10 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 Nicholson. Motion carried 7-0. Permit Moratorium for the Fourth Street Peninsula: City Manager recommending approval of a nine-month extension of the Fourth Street Peninsula Penmit Moratorium, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Section 11-58.2 of the City Of Dubuque Code of Ordinances by extending the moratorium for permit applications on the Fourth Street Peninsula, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 52-01 AN ORDINANCE AMENDING SECTION 11- 58.2 OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY EXTENDtNG THE Regular Session, August 6, 2001 269 . Whereas, there has been filed with the City Clerk a final plat of Barton Randle Addition in the City of Dubuque, iowa; and Whereas, upon said final plat appears streets to be known as John Wesiey Drive (Lot A) and John F. Kennedy Road (Lot B and Lot C) together with certain public utility and sewer easements, which the owners by said final piat have dedicated to the pubiic forever; 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 approvai endorsed thereon, subject to the owners agreeing to the conditions noted in Section 3 below; and Whereas, said final plat has been examined by the City Council and they find that it confonms to the statutes and ordinances relating to it, except that no streets or pubiic utilities have yet been constructed or installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the dedication of John Wesley Drive (Lot A) and John F. Kennedy Road (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 the final plat of Barton Randle Addition 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 John Wesley Drive (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, 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 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 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; . . (d) 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 Grandview Avenue United Methodist Church, as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such fonm and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner 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 lots approved by the plat. Section 4. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 5. That in the event Grandview Avenue United Methodist Church fails to execute the acceptance and furnish the guarantees provided in Section 3 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 6th day of August, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 348-01 We, the undersigned, Jack and Nancy Borchers, representing the Board of Trustees of Grandview Avenue United Methodist Church, having read the terms and conditions of the Resolution No. 348-01, and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 6th day of August, 2001. By; Is/Jack Borchers Isl Nancy Borchers Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Harvest View Estates First Edition - Final Plat City Manager recommending approval of the final plat of Harvest View Estates First Addition, 270 Regular Session, August 6, 2001 in the City of Dubuque, Iowa, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO, 349-01 A RESOLUTION APPROVING THE FINAL PLAT OF HARVEST VIEW ESTATE FIRST ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final piat of Harvest View Estates First Addition, in the City of Dubuque, Iowa; and Whereas, upon said final plat appears streets to be known as Asbury Road (Lot B), Matthew John Drive (Lot C), Cedar Heights Court (Lot D) and Wheatland Drive (Lot F) and Harvest View Drive (Lot G), together with certain public utility, sewer easements, storm water detention facility and park land (Lot A) which the owners by said final plat have dedicated to the public forever; and Whereas, said plat provides 20.09 feet of frontage for Lot A, 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 3 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the dedication of Asbury Road (Lot B), Matthew John Drive (Lot C), Cedar Heights Court (Lot D) and Wheatland Drive (Lot F) and Harvest View Drive (Lot G), 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 A to have 20.09 feet of frontage, where 60 feet of frontage is required. Section 3. That the final plat of Harvest View Estates First Addition is hereby approved by 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 Asbury Road (Lot B), Matthew John Drive (Lot C), Cedar Heights Court (Lot D) and Wheatland Drive (Lot F) and Harvest View Drive (Lot G) 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, 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 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 City of Dubuque standard specifications, in accordance with construction improvement pians approved by the City Engineer, 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 Harvest Development Group, 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 lots approved by the piat. Section 5. The developer will maintain the detention facility until it has been fully completed and 80% of the sum of the platted lots in the entire Harvest View Estates Subdivision are fully developed and the remaining 20% of these lots Regular Session, August 6, 2001 271 . have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot A) shail be assessed against the lot owners of Harvest View Estates, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shail then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 6. That the flnai acceptance of ail pubiic 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 Councii Resolution. Section 7. That in the event Harvest Development Group fails to execute the acceptance and furnish the guarantees provided in Section 3 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 6th day of Aug ust, 2001. Terrance M. Dug9an, Mayor Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 349-01 I, the undersigned, Martin J. McNamer, Secretary-Treasurer, representing Harvest Development Group, having read the terms and conditions of Resolution No. 349-01, and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 6th day of August, 2001. Is! Martin J. McNamer Harvest Development Group, L.L.C. Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. . Cedar Ridge Farm - Final Plat: City Manager recommending approval of a revised resolution approving the final plat of Cedar Ridge Farm Place No.4, presented and read. Cline moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. . RESOLUTION NO. 350-01 A RESOLUTION RESCINDING RESOLUTION NO. 155-01 AND 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 pi at 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 Resolution No. 155-01 is hereby rescinded. Section 2. 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 3. That Section 42-19(b) of the Subdivision Reguiations is waived to allow Lot C to have 0 feet of frontage, where 60 feet of frontage is required. Section 4. 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 asphaitic 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 manner acceptable to the City Engineer, and in 272 Regular Session, August 6, 2001 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 5. 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, sidewaiks 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 plaited lots. Section 6. The undersigned owner hereby agrees to continue to 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 controi measures, as approved by the City, have been installed in the remaining 20% of the lots. Section 7. 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 Clerk, 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 8. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement pians and City standard specifications and accepted by City Council Resolution. Section 9. That in the event Nemmers Cedar Ridge Fanm Limited Partnership fails to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 6th day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 350-01 I, the undersigned, Julian Nemmers, representing Nemmers Cedar Ridge Farm Limited Partnership, having read the tenms and conditions of the Resolution No. 350-01, and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 6th day of August, 2001. /s/ Julian Nemmers Nemmers Cedar Ridge Farm limited Partnership Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Historic Preservation Revolving Loan Fund: Historic Preservation Commission submitting proposed guidelines for the HPC Revolving Loan Fund and requesting Council approval, presented and read. Cline moved that the communication be received and filed and approved request. Seconded by Michalski. Motion carried 7-0. Historic Preservation Homeowner Grant Program: Historic Preservation Commission submitting proposed guidelines for the HPC Homeowner Grant Program and requesting Council approval, presented and read. Michaiski moved that the communication be received and filed and request approved. Seconded by Nicholson. Motion carried 7-0. Iowa League of Cities: City Manager advising that the City Council needs to designate a voting delegate for the upcoming Iowa League of Cities Annuai Meeting in Waterloo, presented and read. Michalski moved that the communication be received and filed and designated Dan Nicholson as the voting delegate. Seconded by Markham. Motion carried 7-0. . COUNCIL MEMBER REPORTS Regular Session, August 6, 2001 273 Markham stated that the Airport Manager position has been advertised in various publications, resumes are coming in and interviews will be scheduled for September. ITEMS TO BE SET FOR PUBLIC HEARING Redistricting Pian for City Wards and Precincts: City Manager recommending that a public hearing be set for August 20, 2001, for review and approval of a redistricting plan for City Wards and Precincts, presented and read. Michalski moved that the communication be received and filed and set Public Hearing for August 20, 2001 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 Buo!' Motion carried 7-0. Northwest Arterial Detention Basin - Phase I - Initiate: City Manager recommending initiation of the bidding process for the Northwest Arterial Detention Basin - Phase I project and setting a public hearing for August 20, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Buo!. Motion carried 7-0. . RESOLUTION NO. 351-01 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 Northwest Arterial Detention Basin Modifications Project, in the estimated amount of $327,002.50, are. hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, approved and adopted this 6~ day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Buo!. Motion carried 7-0., . RESOLUTION NO. 352-01 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 Northwest Arterial Detention Basin Modifications Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 20th day of August, 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 Cierk be and is hereby directed to cause a notice of time and piace 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 pians, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 61h day of Aug ust, 2001 . Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Buo!. Motion carried 7-0., RESOLUTION NO. 353-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Northwest Arterial Detention Basin Modifications 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 constnuction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 141h day of August, 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 20lh day of August, 2001. Passed, approved and adopted this 61h day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michaiski moved adoption of the Resolution. Seconded by Buo!' Motion carried 7-0., High Bluff Sanitary Sewer Project - Initiate: City Manager recommending initiation of the bidding process for the High Bluff Sanitary Sewer project and setting a publiC hearing for August 20, 2001, presented and read. Michalski 274 Regular Session, August 6, 2001 moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 354-01 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 Sanitary Sewer Reconstruction Project - High Bluff from Stafford to Fengler, in the estimated amount of $169,304.56, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 6'h day of August, 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. 355-01 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 Sanitary Sewer Reconstruction Project - High Bluff from Stafford to Fengler. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 20'h day of August, 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 6th day of August, 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. 356-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Sanitary Sewer Reconstruction Project - High Bluff from Stafford to Fengler 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 at 2:00 p.m. on the 14'h day of August, 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 20'h day of August, 2001. Passed, approved and adopted this 6'h day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0., Harvest View Estates Sanitary Sewer Project - Initiate: City Manager recommending initiation of the bidding process for the Harvest View Estates Sanitary Sewer project and setting a public hearing for August 20, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 357-01 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 Harvest View Estates - Phase I Sanitary Sewer Project, in the estimated amount of $291,500.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 6'h day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0., Regular Session, August 6, 2001 275 . RESOLUTION NO. 358-01 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 Cieri< for public inspection of the Harvest View Estates - Phase I Sanitary Sewer Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 20th day of August, 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 6th day of August. 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. 359-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Harvest View Estates - Phase I Sanitary Sewer 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 at 2:00 p.m. on the 14th day of August, 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 20th day of August. 2001. Passed, approved and adopted this 6th day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michaiski moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0., At 8:23 P.M. Buol moved to go into Closed Session re: Property Acquisition and Pending Litigation (Iowa Code Chapter 21-.5(1)O)(c). Seconded by Nicholson. Motion carried 7-0. At 8:49 Council reconvened Regular Session stating that Staff had been given proper direction. There being no further business, the meeting adjourned at 8:50 P.M. Is/ Jeanne F. Schneider City Clerk 1t 8/15 Approved: -'>" 200 1 Council Members A4 /2) Xd'<Z'--Z~/ ~ ~/k . {9tY Clerk 276 Regular Session, August 20, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, Monday, August 20, 2001 Council met at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nichoison, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the Council. invocation was given by Reverend Ken Bickel, First Congregational United Church of Christ. CONSENT ITEMS Minutes Submitted: Airport Commission of 7/13 and 7/30; City Council Proceedings of 8/6; Community Development Advisory Commission of 8/9; Historic Preservation Commission of 7/19; Human Rights Commission of 7/9; Zoning Advisory Commission of 7/5; 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 of 7/16, 7/23 and 7/30; presented and read. Buol moved that the proofs be received and fiied. Seconded by Robbins. Motion carried 7-0 Printed Council Proceedings for May and June, 2001, presented and read. Buol moved that the proceedings be approved as printed. Seconded by Robbins. Motion carried 7 -0. Finance Director submitting the Financial Reports for the month ending July 31, 2001, presented and read. Nichoison moved that the communication and report be received and filed. Seconded by Robbins. Motion carried 7-0 Notice of Claims/Suits: Kevin and Melissa Felderman in estimated amount of $50.00 for property damage; Lisa Greenwood in estimated amount of $316.22 for vehicle damage; Robert J. Reding in estimated amount of $76.43 for vehicle damage; Joan Schlueter in undetermined amount for personal injury, 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. Public Improvement Claim on behalf of S & T Services, Inc. d/b/a Timian Construction, relating to the Bunker Hill Clubhouse Renovation and Addition, presented and read. Buol moved that the ciaim be received and flied and referred to Legal Staff for invesUgation and report. Seconded by Robbins. Motion carried 7-0. Notice of Appeal in the matter of the condemnation of certain rights in land for the Ice Harbor Urban Renewal District by Agri Industries, presented and read. Buol moved that the Notice of Appeal be received and filed and referred to Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7- O. Citizen Communications: Communication from Giri Scout Troop 146 of Hoover School regarding gun control, presented and read. Buol moved that the communication be received and flied and referred to the City Manager. Seconded by Robbins. Motion carried 7-0. Communication from N. J. Yiannias requesting the vacating of Congress Circle, a City street, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Robbins. Motion carried 7-0. Petition from residents of Rosemont Street regarding Hempstead High School students parking on their street, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Robbins. Motion carried 7-0. Communication from Roger F. Klauer requesting the vacation of Kebbie Street from the north lot line of Lot 5, Block 3 of C.J. Bies Subdivision to its southern termination, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Robbins. Motion carried 7-0. Public Safety Communications Center Agreement: Communication from Denise Dolan, E911 Service Board, requesting approvai of a revised 28E Public Safety Communications Center Agreement, presented and read. Buol moved that the communication be received and filed and approved request. Seconded by Robbins. Motion carried 6-0. Stormwater Management Study: Commun- ication from City Manager Michael C. Van Milligen inviting State and Federal legislators to Regular Session, August 20, 2001 277 . attend a bus tour of the areas proposed for improvement in the Stormwater Management Study, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 Fifth Street - Acceptance: City Manager recommending acceptance of the Fifth Street Reconstruction Project in the final contract amount of $228,882.59 and establishing the final assessment schedule, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 . RESOLUTION NO. 360-01 ACCEPTING IMPROVEMENT Whereas, the contract for the Fifth Street Reconstruction, Iowa to Main Street Project, has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends 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 In amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 20~ day of August, 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. 361-01 FINAL ESTIMATE Whereas, the contract for the Fifth Street Reconstruction, Iowa to Main Street Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates. notices and inspection and 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 $228,882.59. Section 2. That $24,364.70 of the cost thereof shan be assessable upon private property and $204,517.89 shall be paid from the Street Construction Fund. Passed, approved and adopted this 20~ day of August, 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. 362-01 RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR FIFTH STREET RECONSTRUCTION, IOWA TO MAIN STREET PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CiTY OF DUBUQUE, IOWA; That after lull consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the Fifth Street Reconstruction, Iowa to Main Street Project under contract with Portzen Construction, Inc. of Dubuque, Iowa. which final plat and schedule were filed in the office of the City Clerk on the 16~ day of August, 2001, the said schedule of assessments be and the same Is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties 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 schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner proVided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the 278 Regular Session, August 20, 2001 date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in 10 annual Installments and will draw annual interest at 9 percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 20th day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk FIFTH STREET RECONSTRUCTION (Iowa Street to Main St.) SCHEDULE OF FINAL ASSESSMENTS The following schedule is hereby detenmined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. OWNER LOT DESCRIPTION PARCEL NO. TOTAL NET ASSESS. Dubuque Downtown Plaza Town Clock PI. Associates LLC c/o Anthony F. Izzo Lot 1 Blk 13 10-25-231-002 $23,364.73 City of Dubuque Lot 2 Blk 13 10-25-231-003 $16,691.53 City of Dubuque Block 17 10-25-212-003 . $16,185.64 TOTAL $56,241.90 Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Salina Street Railroad Agreement: City Manager recommending approval of an agreement between the City and the Canadian Nationaillllinois Central (CN) Railroad relating to reconstruction of Salina Street, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 RESOLUTION NO. 363-01 RESOLUTION APPROVING AGREEMENT WITH THE CANADIAN NATIONAUILLINOIS CENTRAL RAILROAD (CN) RELATING TO THE RECONSTRUCTION OF SALINA STREET RAILROAD TRACKS Whereas, the City of Dubuque is currently in the process of reconstructing Salina Street; and Whereas, the Canadian Nationalllllinois Central (CN) is proposing also to reconstruct the railroad track; and Whereas, CN has prepared a construction agreement outiining the terms under which the track would be replaced; and Whereas, the City Council of the City of Dubuque approves the terms and conditions of said reconstruction agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Canadian National/Illinois Central Agreement provides for CN's replacement of tracks along Salina Street. Section 2. That the Mayor be authorized and directed to execute two copies. of the reconstruction agreement. Passed, approved and adopted this 20~ day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cieri< Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Ricann Farms Inc. No.2 - Final Plat: Zoning Advisory Commission advising of their approval of the final plat of Ricann Farms Inc. NO.2 in Dubuque County as requested by Richard LeConte, presented and read. Buol moved that the communication be received and flied. Seconded by Robbins. Motion carried 7-0 RESOLUTION NO. 364-01 RESOLUTION APPROVING THE FINAL PLAT OF RICANN FARMS, INC. NO.2 IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Ricann Farms, Inc. No.2 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 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 the Final Plat of Ricann Fanms, Inc. 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 subdivision plat. Section 2. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Reguiations, except Section 42-19, Lots and Blocks. Passed, approved and adopted this 20th day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Regular Session, August 20, 2001 279 . Buol moved adoption of the Resoiution. Seconded by Robbins. Motion carried 7-0. Wartburg Seminary: Communication from Wartburg Theological Seminary withdrawing their request for rezoning of property located at 330 Wartburg Place, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 Dubuque Jaycees: Request of the Dubuque Jaycees to transfer their liquor license to the Iowa Street Parking Ramp as a rain site for the September 7, 2001 All That Jazz event, presented and read. Buol moved that the communication be received and filed and approved request. Seconded by Robbins. Motion carried 7-0. Business Licenses: . RESOLUTION NO. 365-01 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 permit to sell Cigarettes and Cigarette Papers within said City. Renewal Kalmes Breaktime Bar & Grill Michael Kalmes 1097 Jackson St Passed, approved and adopted this 20th day of August, 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. 366-01 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 PERMIT Riverfest Special Event Riverfest Special Event+(Sunday/Outdoor Sale) i" & Town Clock Dubuque Jaycees Dubuque Jaycees+ (Outdoor Sale) Tent A Town Clock Plaza Dubuque Jaycees Dubuque Jaycees +(Outdoor Saie) Tent B Town Clock Plaza Dubuque Jaycees Dubuque Jaycees + (Outdoor Saie) Tent C Town Clock Plaza CLASS "C" BEER PERMIT TFM Co Oky Doky # 6+ (Sunday Sale) 1256 Iowa St TFM Co Oky Doky #21 + (Sunday Sale) 2010 Kerper Blvd Iowa Oil Company iOCO Speede Shoppe # 3+(Sunday Sale) 1998 Jackson St Family Mart, Inc Family Mart, Inc+ (Sunday Sale) 3201 Central Ave Rainbo Oil Company Kwik Stop Food Mart+(Sunday Sale) 2255 Kerper Blvd Sids Beverage Store Inc Sids Beverage Store+(Sunday Sale) 2727 Dodge St Passed, approved and adopted this 20th day August, 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. 367-01 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 Clarke College Clarke College+ (Sunday Sale) 1550 Clarke Or CLASS "B" WINE PERMIT Sids Beverage Store Inc Sids Beverage Store Inc. 2727 Dodge St CLASS "C" (SPECIAL) LIQUOR LICENSE Chao Chao Chari ie's Pizza/Ice Cream Choo Choo Charlie's+(Sunday Sale) 1895 JFK Rd. CLASS "E" LIQUOR LICENSE TFM Co Oky Doky # 2 51 W. 32n St Passed, approved and adopted this day 20th of August, 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 Commissions: Airport Commission (Two four. year terms to expire 9/14/05 - Brotherton and O'Neill) -- Applicants: Doug Brotherton, Jim 280 Regular Session, August 20, 2001 O'Neill and Dale Hirsch, Mr. Brotherton and Mr. Hirsch spoke requesting consideration for appointment. Cable Teleprogramming Commission (One three-year term to expire 6/30104 - Kohl) Applicant Paul R, Kohl. Mr. Kohl spoke requesting consideration for reappointment. Appointments to the following Boards 1 Commissions: Housing Commission (One unexpired term to expire 8/17/03; Three terms to expire 8/17/04). Applicants: Jeremy Austin, Char Eddy, Kris Erickson, John L. Henning, Joe Hopkins, David J, Kapler, John J. Plein. Communication from John J, Plein advising of his interest in serving on the Commission, Vote on the appointments was as follows: Markham voted for Eddy, Henning Kapler, Plein, Michalski voted for Eddy, Henning, Kapler, Plein. Nicholson voted for Eddy, Henning, Kapler, Plein. Robbins voted for Eddy, Erickson, Henning, Kapler. Buol voted for Eddy, Henning, Kapler, Plein, Cline voted for Eddy, Erickson, Henning, Kapler. Duggan voted for Austin, Eddy, Henning, Kapler, Therefore, David J, Kapler reappointed, Char Eddy and John L, Henning appointed to three year terms to expire 8/17/04 and John J, Plein appointed to the unexpired three year term which will expire 8/17/03, Housing Advisory Trust Fund Committee (One three-year term to expire 9/8/04). - Applicant: John V, Walsh, Michalski moved that Mr. Walsh be reappointed to the three year term to expire 9/8/04, Seconded by Nicholson. Motion carried 7-0. PUBliC HEARINGS Wartburg Place Reconstruction (Tabled on August 6, 2001): Proof of publication on notice of hearing on plans and specifications for the Wartburg Place Reconstruction Project, a Resolution Adopting plans and specifications for the project. a Resolution with respect to the adoption of the Resolution of Necessity proposed for the Wartburg Place Reconstruction Project, presented and read. Regina Thibeau spoke stating of the residents' request to have Sunset Ridge be converted to a public street and also unanimous support for 25' width street with no sidewalks. Tim Conlon spoke requesting that sidewalks not be installed on east side of the street. Michalski moved to receive and file the proof and to adopt the Resolutions. Seconded by Nicholson. Yeas-None. Nays-Buol, Cline, Duggan, Markham, Michalski, Nicholson, Robbins, Motion Failed, Upon consensus of the Council, Staff was directed to continue snow removal on Sunset Ridge this winter. Redistricting Plan for City Wards and Precincts:. Proof of publication on notice of hearing for review of a redistricting plan for City Wards and Precincts, City Manager recommending approval of plan, City Manager recommending approval of the City/County Agreement for Extraterritorial Precincts, and Communication from County Auditor Denise Dolan regarding the redistricting, presented and read. Buol moved that the proof and communications be received and fiied. Seconded by Nicholson. Motion carried 6-0. Walter Pregler spoke thanking the Planning staff for responding to his objections. An Ordinance Amending the City of Dubuque, Iowa Code of Ordinances by repealing Chapter 17, Elections, and adopting in lieu thereof a new Chapter 17, Elections, establishing boundaries for four (4) Wards and twenty-one (21) Precincts, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 54-01 AN ORDINANCE AMENDING THE CITY OF DUBUQUE, IOWA CODE OF ORDINANCES BY REPEALING CHAPTER 17, ELECTIONS AND ADOPTING IN LIEU THEREOF A NEW CHAPTER 17, ELECTIONS, ESTABLISHING BOUNDARIES FOR FOUR (4) WARDS AND TWENTY-ONE (21) PRECINCTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, Chapter 17 of the City of Dubuque Code of Ordinances is hereby repealed. Section 2. A new Chapter 17 of the City of Dubuque Code of Ordinances, attached hereto and incorporated herein, is hereby adopted, Section 3, This ordinance shall take effect January 15, 2002, Passed, approved and adopted this 20th day of August, 2001, Terrance M, Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ARTICLE 1. IN GENERAL Section 17-1. Definitions and rules of construction. For the purposes of this chapter, unless the context othelWise requires, the following definitions and rules of construction shall be applied, Points of the compass are approximate unless othelWise stated. All names, boundaries, lines, features and fixtures. are to be construed as they existed on the effective date of this chapter, Annexed territory means territory annexed to the City after the effective date of this chapter. City includes all territory within the corporate limits and all annexed territories. Regular Session, August 20, 2001 281 . Commissioner of elections means the county auditor of Dubuque County. Corporate limits means the corporate limits of the city on the effective date of this chapter. Peosta Channel means the waterway between the major portions of the City of Dubuque and the island known as Chaplain Schmitt Island. Street or simiiar language means the centerline of the right-of-way, and a straight extension of that centerline. Section 17-2. Correction of errors. (a) Correction of errors. If this chapter fails to piace any part of the city within a precinct or ward established by this chapter, the commissioner of elections shall assign the omitted area to an adjacent precinct or ward within the same legislative district. If this chapter places any part of the city In more than one precinct or ward established by this chapter, the commissioner of elections shall assign that territory to an adjacent precinct or ward within the proper legislative district. The commissioner of elections may also correct obvious clerical errors in this chapter. (b) Annexation of territory. When territory is annexed to the city, the city council may attach all or any part of the annexed territory to any established precinct or precincts, which are contiguous to the annexed territory; however, this subsection shall not prohibit establishment of one or more new precincts in the annexed territory. Section 17-3 -17-15 Reserved. ARTICLE II. PRECiNCTS Section 17-16. City divided into twenty-one precincts. The city hereby is divided into twenty-one (21) precincts as described in this article. Section 17-17. First precinct. The First Precinct is described as that portion of the City of Dubuque and Dubuque County bounded by a line commencing at the point that U.S. Highway 52 South intersects the boundary of the City of Dubuque, then proceeding southerly, westerly and northwesterly along the boundary of the City of Dubuque until it intersects North Cascade Road, then proceeding northeasterly along North Cascade Road until it intersects Fremont Avenue, then proceeding northeasterly along Fremont Avenue until it intersects the Middle Fork of Catfish Creek, then proceeding southeasterly along the Middle Fork of Catfish Creek until it intersects the boundary of the City of Dubuque, and then proceeding easterly along the boundary of the City of Dubuque until it intersect the boundary of Mosalem Township, then proceeding southerly along the boundary of Mosalem Township to its point of origin at the intersection of the boundary of the City of Dubuque and U.S. Highway 52 South. Section 17-18. Second precinct. . . The Second Precinct is described as that portion of the City of Dubuque commencing at the point that the South Fork of Catfish Creek intersects Rockdale Road, then proceeding northwesterly then southwesterly along the boundary of Precinct 1 until it intersects the boundary of the City of Dubuque, then proceeding northwesterly along the boundary of the City of Dubuque until it intersects Nightengale Lane, then proceeding northeasterly along Nightengale Lane untii it intersects Cedar Cross Road, then proceeding northerly along Cedar Cross Road until it intersects Dodge Street, then proceeding easterly along Dodge Street untii it intersects St. Joseph's Street, then proceeding westerly along St. Joseph's Street until it intersects Gandolfo Street, then proceeding northeriy along Gandolfo Street until it intersects Lombard Street, then proceeding southeasterly along Lombard Street until it intersects Dodge Street, then proceedingeasteriy along Dodge Street until it intersects the boundary of Ward 4, then proceeding southerly along the boundary of Ward 4 to its point of origin at the intersection of Rockdale Road and the South Fork of Catfish Creek. Section 17-19. Third precinct. The Third Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that Dodge Street intersects Grandview Avenue, then proceeding westerly along the boundary of Precinct 2 until it intersects Cedar Cross Road, then proceeding southerly along Cedar Cross Road until it intersects Center Grove Drive, then proceeding westeriy along Center Grove Drive until it intersects Wacker Drive, then proceeding northerly aiong Wacker Drive until it intersects John F. Kennedy Road, then proceeding northerly along John F. Kennedy Road until it intersects Carter Road, then proceeding easterly and northeasteriy aiong Carter Road until it intersects the boundary of Ward 2, then proceeding easterly along the boundary of Ward 2 until it intersects Grandview Avenue, then proceeding southerly along Grandview Avenue to its point of origin at the intersection of Grandview Avenue and Dodge Street. Section 17-20. Fourth precinct The Fourth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that Nightengale Lane Intersects the boundary of Precinct 2, then proceeding northerly along the boundary of Precinct 2 until it intersects the boundary of Precinct 3, then proceeding westerly. northerly and easterly aiong the boundary of Precinct 3 until it intersects the boundary of Ward 2, then proceeding westerly along the boundary of Ward 2 until it intersects Key Largo Drive, then proceeding southeriy along Key Largo Drive until 282 Regular Session, August 20, 2001 It intersects Keymeer Drive, then proceeding easterly aiong Keymeer Drive until it intersects Keyway Drive, then proceeding southerly along Keyway Drive until it intersects Keystone Drive, then proceeding westerly along Keystone Drive until it intersects Vizaleea Drive, then proceeding southerly along Vizaleea Drive until it intersects Pennsylvania Avenue, then proceeding westerly along Pennsylvania Avenue until it intersects Northwest Arterial, then proceeding southerly aiong the Northwest Arterial until it intersects Dodge Street, then proceeding 500 feet westerly along Dodge Street until it intersects a fence line, then proceeding due south along the fence line until it intersects the boundary of the City of Dubuque, then proceeding easterly along the boundary of the City of Dubuque to its point of origin at the intersection of Nightengale Lane and the boundary of Precinct 2. Section 17-21. Fifth precinct The Fifth Precinct is that portion of the City of Dubuque and Dubuque County bounded by a line commencing at the point that English Mill Road intersects the southern boundary of Dubuque Township, then proceeding westerly along the southern boundary of Dubuque Township until it intersects the boundary of the City of Dubuque, then proceeding southwesterly then northerly along the boundary of the City of Dubuque until it intersects Seippel Road, then proceeding northerly aiong Seippei Road until it intersects Middle Road, then proceeding easterly along Middle Road until it intersects the boundary of the City of Asbury, then proceeding northerly and southeasterly along the boundary of the City of Asbury until it intersects Middle Road, then proceeding easterly aiong Middle Road untii it intersects the boundary of the City of Dubuque, then proceeding northeasterly along the boundary of the City of Dubuque until it intersects Asbury Road, then proceeding easterly along ASbury Road until it intersects the boundary of Ward 2, then proceeding southeasterly along the boundary of Ward 2 until it intersects the boundary of Precinct 4, then proceeding southwesterly along the boundary of Precinct 4 until it intersects the boundary of the City of Dubuque, then proceeding easterly along the boundary of the City of Dubuque until it intersects the southern boundary of Dubuque Township then proceeding westerly alon9 the southern boundary of Dubuque Township to its point of origin at the intersection of English Mill Road and the boundary of Dubuque Township. Section 17-22. Sixth precinct The Sixth Precinct is described as that portion of ihe City of Dubuque and Dubuque County bounded by a line commencing at the point that Asbury Road intersects the boundary of the City of Dubuque then proceeding westerly along Asbury Road until it intersects the boundary of the City of Asbury, then proceeding northwesterly then westerly along the boundary of the City of Asbury until it intersects the boundary of Center Township, then proceeding northerly along the boundary of Center Township until it intersects Derby Grange Road, then proceeding easterly along Derby Grange Road until it intersects John F. Kennedy Road, then proceeding southeasterly along John F. Kennedy Road until it intersects Sunset Park Circle, then proceeding southwesterly along Sunset Park Circle until it intersects Megan Street, then proceeding westerly along Megan Street until it intersects Sanson Road, then proceeding southerly along Sanson Road until it intersects Asbury Road, then proceeding southeasterly along ASbury Road until it intersects John F. Kennedy Road, then proceeding southerly along John F. Kennedy Road until it intersects the boundary of Precinct 4, then proceeding westerly along the boundary of Precinct 4 until it intersects the boundary of Precinct 5, then proceeding northwesterly along the boundary of Precinct 5 to its point of origin at the Intersection of Asbury Road and the boundary of the City of Dubuque. Section 17-23. Seventh precinct The Seventh Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the paint that Carter Road intersects Kaufmann Avenue, then proceeding westerly along Kaufmann Avenue to until it intersects the boundary of Precinct 6, then proceeding northerly along the boundary of Precinct 6 until it intersects the boundary of Ward 3, then proceeding easterly along the boundary of Ward 3 until it intersects Carter Road, then proceeding southerly along Carter Road to its point of origin at the intersection of Carter Road and Kaufmann Avenue. Section 17-24. Eighth precinct The Eighth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that Wilbricht Lane intersects ASbury Road, then proceeding northwesterly along Asbury Road untii it intersects Chaney Road, then proceeding northerly along Chaney Road until it intersects Kaufmann Avenue, the proceeding westerly along Kaufmann Avenue until it intersects the boundary of Precinct 6, then proceeding southerly along the boundary of Precinct 6 until it intersects the boundary of Precinct 4, then proceeding easterly along the boundary of Precinct 4 until it intersects the boundary of Precinct 3, then proceeding easterly aiong the boundary of Precinct 3 to its point of origin at the intersection of Wilbrlcht Lane and Asbury Road. Section 17-25. Ninth precinct The Ninth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that Asbury Road Regular Session, August 20, 2001 283 . intersects Clarke Drive, then proceeding northeasterly along the boundary 01 Precinct 8 until it intersects the boundary 01 Precinct 7, then proceeding northeriy aiong the boundary 01 Precinct 7 until it intersects the boundary of Ward 3, then proceeding southeasterly aiong the boundary 01 Ward 3 until it intersects the boundary 01 Ward 4 then proceeding southerly aiong the boundary 01 Ward 4 until it intersects Clarke Drive, then proceeding westerly along Clarke Drive until it intersects Ungs Street, then proceeding westerly along Ungs Street until it intersects Grandview Avenue, then proceeding southerly along Grandview Avenue untii it intersects Sunnyview Drive, then proceeding westerly along Sunnyview Drive until it intersects Bunker Hill Road, then proceeding southerly aiong Bunker Hill Road untii it intersects Clarke Drive, then proceeding westerly along Clarke Drive to its point of origin at the intersection of Asbury Road and Clarke Drive. Section 17-26. Tenth precinct The Tenth Precinct is described as that portion of the City 01 Dubuque bounded by a line commencing at the point that Foye Street intersects Ciarke Drive, then proceeding westeriy along Clarke Drive until it intersects the boundary 01 Precinct 9, then proceeding westerly along the boundary 01 Precinct 9 until it intersects the boundary of Precinct 8, then proceeding southerly along the boundary 01 Precinct 8 until it intersects the boundary of Precinct 3, then proceeding southeasterly aiong the boundary 01 Precinct 3 until it intersects Rosedale Avenue, then proceeding easterly along Rosedale Avenue until it intersects Grandview Avenue, then proceeding easterly then southerly along Grandview Avenue until it intersects the boundary 01 Ward 4, then proceeding easterly then northerly aiong the boundary 01 Ward 4 to its point 01 origin at the intersection of Foye Street and Clarke Drive. Section 17-27. Eieventh precinct The Eleventh Precinct is described as that portion of the City 01 Dubuque bounded by a line commencing at the point that Loras Boulevard intersects Wood Street, then proceeding northerly then westerly along the boundary 01 Precinct 10 until it intersects the boundary 01 Precinct 3, then proceeding southeasterly along the boundary 01 Precinct 3 until it intersects the boundary 01 Ward 4, then proceeding northerly along the boundary 01 Ward 4 to its point 01 origin at the intersection of Loras Boulevard and Wood Street. Section 17-28. Twellth precinct The Twelfth Precinct is described as that portion 01 the City 01 Dubuque bounded by a iine commencing at the Joint that Central Avenue intersects West 23 Street, then proceeding westerly along the boundary 01 Ward 4 until it intersects the boundary 01 Ward 2. then . . proceeding northwesterly along the boundary of Ward 2 until it intersects the boundary of the City 01 Dubuque, then proceeding northerly and easterly along the boundary 01 the City of Dubuque until it intersects the abandoned Great Western Railroad right-of-way, then proceeding southeasterly along the abandoned Great Western Railroad right-ol-way until It intersects 30" Street, then proceeding southwesterly aiong 30" Street until it intersects Central Avenue, then proceeding southeasterly along Central Avenue to Its point 01 origin at the intersection 01 Central Avenue and West 23'" Street. Section 17-29. Thirteenth precinct The Thirteenth Precinct is described as that portion 01 the City 01 Dubuque and Dubuque County bounded by a iine commencing at the point that Louella Lane intersects the abandoned Great Western Railway right-ol-way, then proceeding northerly along the abandoned Great Western Railway right-ol-way until it intersects boundary 01 the City of Dubuque, then proceeding northerly and easterly along the boundary 01 the City 01 Dubuque until it intersects the boundary 01 Peru Township, then proceeding easterly along the boundary 01 Peru Township until it intersects the boundary 01 the State 01 Wisconsin, then proceeding southerly along the boundary 01 the State 01 Wisconsin until it intersects the boundary 01 the City 01 Dubuque, then proceeding westerly then northwesterly along the boundary 01 the City of Dubuque until It intersects McDonaid's Private Road, then proceeding westerly then southerly along McDonaid's Private Road until it intersects Roosevelt Road, then proceeding southeasterly along Roosevelt Road until it intersects Prescott Street, then proceeding southerly along Prescott Street until it intersects Ascension Street, then proceeding northwesterly along Ascension Street until it intersects Thomas Place, then proceeding southwesterly along Thomas Place until it intersects Eagle Street, then proceeding northwesterly aiong Eagle Street until it intersects Viola Street, then proceeding southerly along Viola Street until it intersects Pleasant Street, then proceeding westerly along Pleasant Street until it intersects Stafford Street, then proceeding northerly along Stafford Street until it intersects Hennepin Street, then proceeding westerly along Hennepin Street until It intersects Brecht Lane, then proceeding westerly along Brecht Lane until it intersects Windsor Avenue, then proceeding northerly along Windsor Avenue until it intersects Davis Street, then proceeding westerly along Davis Street until it intersects Sheridan Road, then proceeding northwesterly along Sheridan Road until it intersects Peru Road, then proceeding southwesterly along Peru Road until it intersects Louella Lane, then proceeding southwesterly along Louella Lane to its point 01 origin at the 284 Regular Session, August 20, 2001 intersection of Louella Lane and the abandoned Great Western Railroad right-of-way. Section 1.7-30. Fourteenth precinct The Fourteenth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that 24th Street intersects Central Avenue, the proceeding northwesterly along the boundary of Precinct 12 until it intersects the boundary of Precinct 13, then proceeding easterly along the boundary of Precinct 13 until it intersects Lawther Street, then proceeding southwesterly along Lawther Street until it intersects Balke Street, then proceeding southeasterly along Balke Street until it intersects Strauss Street, then proceeding southwesterly along Strauss Street until it intersects Brunswick Street, then proceeding southeasterly along Brunswick Street until it intersects Queen Street, then proceeding southerly along Queen Street until it intersects Clinton Street, then proceeding westerly along Clinton Street until it intersects Marquette Place, then proceeding southerly along Marquette Place until it intersects Queen Street, then proceeding southeriy along Queen Street until it Intersects 24th Street, then proceeding westerly along 24th Street to its point of origin at the intersection of 24th Street and Central Avenue. Section 1.7-31. The Fifteenth precinct The Fifteenth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that 24th Street intersects Central Avenue then proceeding northeasterly and northerly along the boundary of Precinct 14 to the boundary of Precinct 13, then proceeding southeasterly along the boundary of Precinct 13 until it intersects Thomas Place, then proceeding southerly along Thomas Place until it intersects Farley Street, then proceeding southeasterly along Fariey Street until it intersects High Bluff, then proceeding southerly along High Bluff until it intersects Stafford Street, then proceeding southeasterly along Stafford Street until it intersects the boundary of Ward 4, then proceeding southwesterly then northwesterly along the boundary of Ward 4 until it intersects the boundary of Precinct 12, then proceeding northerly along the boundary of Precinct 12 to its point of origin at the intersection of 24th Street and Central Avenue. Section 1.7-32. The Sixteenth precinct The Sixteenth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that Stafford Street Extension intersects the I & M Rail Link right-of- way, then proceeding northwesterly then northeasterly along the boundary of Precinct 15 until it intersects the boundary of Precinct 13, then proceeding northeasterly along the boundary of Precinct 13 until it intersects the bO,undary of the City of Dubuque, then proceeding southerly along the boundary of the City of Dubuque until it intersects the boundary of Ward 4, then proceeding southwesterly along the boundary of Ward 4 to its point of orlgin at the intersection of Stafford Street Extension and the I & M Rail Link right-of-way. Section 1.7-33. The Seventeenth Precinct The Seventeenth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that 16th Street intersects Kerper Boulevard, then proceeding northerly and southwesterly along the boundary of Precinct 16, until it Intersects the boundary of Precinct 15, then proceeding southwesteriy along the boundary of Precinct 15 until it intersects Central Avenue, then proceeding southerly along Central Avenue until it intersects 11 th Street, then proceeding southwesterly along 11 th Street until it Intersects Main Street, then proceeding southeasterly along Main Street until it intersects 10th Street, then proceeding southwesterly along 10" Street until it intersects Bluff Street, then proceeding southerly along Bluff Street until It intersects Jones Street, then proceeding easterly along Jones Street until it intersects Terminal Street, then proceeding southerly along Terminal Street until it intersects U.S. Highway 20, then proceeding easterly along U.S. Highway 20 until it intersects the boundary of the City of Dubuque, then proceeding northerly along the boundary of the City of Dubuque until it intersects the boundary of Precinct 16, then proceeding southwesterly along the boundary of Precinct 16 to its point of origin at the intersection of 16th Street and Kerper Boulevard. Section 1.7-34. The Eighteenth precinct The Eighteenth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that East 22"' Street intersects Central Avenue, then proceeding northerly along the boundary of Precinct 15 until it intersects the boundary of Precinct 12, then proceeding westerly along the boundary of Precinct 12 until it intersects the boundary of Precinct 9, then proceeding southerly along the boundary of Precinct g until it intersects the boundary of Precinct 10, then proceeding easterly then southerly along the boundary of Precinct 10 until it intersects Loras Boulevard, then proceeding easterly along Loras Boulevard until it intersects Bluff Street, then proceedin~ southerly along Bluff Street until it intersects 11 Street, then proceeding easterly along 11 th Street until it intersects Locust Street, then proceeding southerly along Locust Street until it intersects the boundary of Precinct 1.7, then proceeding northerly along the boundary of Precinct 17 to its point of origin at the Intersection of East 220' Street and Central Avenue, Section 1.7-35. The Nineteenth precinct Regular Session, August 20, 2001 285 . The Nineteenth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that Emmett Street intersects Bluff Street, then proceeding northerly aiong the boundary of Precinct 17 until it intersects the boundary of Precinct 18, the proceeding westerly along the boundary of Precinct 18 until it intersects Cox Street, then proceeding southerly along Cox Street until it intersects Chestnut Street, then proceeding northeasterly along Chestnut Street until it intersects Walnut Street. then proceeding southerly along Walnut Street until it intersects Rose Street, then proceeding southwesterly along Rose Street untii it intersects Race Street. then proceeding southeasteriy along Race Street until it intersects West 11th Street, then proceeding southwesterly along West 11th Street until it intersects Wilson Street, then proceeding southeasterly along Wilson Street until it intersects University Avenue, then proceeding southwesterly along University Avenue until it intersects Yale Court, then proceeding southerly along Yale Court until it Intersects Oxford Street, then proceeding westerly aiong Oxford Street until it intersects Harvard Street, then proceeding southerly along Harvard Street until it intersects Alta Vista Street, then proceeding southeasterly along Alta Vista Street until it intersects West 5th Street, the proceeding easterly along West 5th Street until it intersects Winona Street, then proceeding southerly along Winona Street until it intersects West 3" Street, then proceeding easteriy aiong West 3" Street until it intersects Hill Street, then proceeding southeriy aiong Hill Street untii it intersects Wooten Street, then proceeding northeasterly along Wooten Street until it intersects Mazzuchelli Street, then proceeding easterly along Mazzuchelli Street until it intersects Cardiff Street, then proceeding northerly along Cardiff Street until it Intersects West 3" Street, then proceeding northeasterly along West 3" Street until it intersects St. Mary's Street, then proceeding southeasterly along Sf. Mary's Street until it intersects Emmett Street, then proceeding northeasterly to its pOint of origin at the intersection of Emmett Street and Bluff Street. Section 17-36. The Twentieth precinct The Twentieth Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the pOint that Lores Boulevard intersects Wood Street, then proceeding northeasterly along the boundary of Precinct 10 until it intersects the boundary of Precinct 19, then proceeding southerly along the boundary af Precinct 19 to the intersection of Wooten Street and Hill Street, then proceeding southerly along Hill Street until it intersects Dodge Street, then proceeding easterly along Dodge Street until it intersects Burns Street, then proceeding southerly along Burns Street until it intersects . . Cleveland Avenue, then proceeding southwesterly along Cleveland Avenue until it intersects Bryant Street, then proceeding southerly along Bryant Street until it intersects Grandview Avenue, then proceeding southerly along Grandview Avenue until it intersects the boundary of Precinct 2, then proceeding northwesterly along the boundary of Precinct 2 until it intersects the boundary of Precinct 3, then proceeding northerly along the boundary of Precinct 3 until it intersects the boundary of Precinct 11. then proceeding easterly then northerly along the boundary of Precinct 11 to its point of origin at the intersection of Wood Street and Loras Boulevard. Section 17-37. The Twenty-First preCinct The Twenty-First Precinct is described as that portion of the City of Dubuque bounded by a line commencing at the point that U.S. Highway 61/151 intersects the boundary of the City of Dubuque, then proceeding northwesterly along the boundary of Ward 1 until it intersects the boundary of Precinct 20, then proceeding northerly along the boundary of Precinct 20 until it intersects the boundary of Precinct 19, then proceeding easterly along the boundary of Precinct 19 until it intersects the boundary of Precinct 17, then proceeding easterly along the boundary of Precinct 17 untii it intersects the boundary of the City of Dubuque. then proceeding southerly then westerly along the boundary of the City of Dubuque to its point of origin at the intersection of U.S. Highway 61/151 and the boundary of the City of Dubuque. ARTICLE III. WARDS Section 17-51. City divided into four wards. The City is herby divided into four (4) wards as described in this article. Section 17-52. First ward The First Ward is described as that portion of the City of Dubuque bounded by a line commencing at the point that the boundary of the City of Dubuque intersects U.S. Highway 52 South, then proceeding westerly along U.S. Highway 52 South until it intersects U.S. Highway 61/151, then proceeding northerly along U.S. Highway 61/151 until it intersects Catfish Creek, then proceeding southwesterly and then northwesterly aiong Catfish Creek until it intersects Rockdale Road then proceed"ng northeasterly and northerly aiong Rockdale Road until it intersects Southern Avenue, then proceeding northerly aiong Southern Avenue until it intersects Arrowhead Drive, then proceeding westerly and northerly along Arrowhead Drive until it intersects Wallis Place, then proceeding easterly along Wailis Place until it intersects Indian Ridge, then proceeding northerly along Indian Ridge until it intersects Grandview Avenue and then proceeding northwesterly along Grandview Avenue until it intersects Perry Street, then proceeding 286 Regular Session, August 20, 2001 northwesterly along Perry Street until it intersects Ryder Street and then proceeding northeasterly along Ryder Street until it intersects Bradley Street, then proceeding northwesterly along Bradley Street until it intersects Whelan Street, then proceeding northeasterly along Whelan Street until it intersects Grandview Avenue, then proceeding northwesterly along Grandview Avenue until it intersects Hale Street, then proceeding westerly along Hale Street until it intersects Algona Street, then proceeding northerly along Algona Street until it intersects Bennett Street, then proceeding westerly along Bennett Street until it intersects McCormick Street, then proceeding northerly along McCormick Street until it intersects Mineral Street, then proceeding westerly along Mineral Street until it intersects O'Hagen Street, then proceeding northerly along O'Hagen Street until it intersects Pearl Street, then proceeding southwesterly along Pearl Street until it intersects Finley Street, then proceeding northwesterly along Finley Street until it intersects University Avenue, then proceeding northeasterly along University Avenue until It intersects Asbury Road, then proceeding northwesterly along Asbury Road until it intersects Wilbricht Lane, then proceeding westerly along Wilbricht Lane until it intersects Flora Park Road, then proceeding southerly along Flora Park Road until it intersects Pennsylvania Avenue, then proceeding westerly along Pennsylvania Avenue until it intersects Churchill Drive, then proceeding northerly along Churchill Drive until it intersects SI. Anne Drive, then proceeding westerly along SI. Anne Drive until it intersects Carter Road, then proceeding northerly along Carter Road until it intersects Hillcrest Road, then proceeding westerly along Hillcrest Road until it intersects John F. Kennedy Road, then proceeding northerly along John F. Kennedy Road until it intersects Hillcrest Road and then proceeding westerly along Hillcrest Road until it intersects Key Largo Drive, then proceeding southerly along Key Largo Drive until it intersects Keymeer Drive, then proceeding easterly along Keymeer Drive until it intersects Key Way Drive, then proceeding southerly along Key Way Drive until it intersects the North Fork of Catfish Creek, then proceeding westerly along the North Fork of Catfish Creek until it intersects Winne Court, then proceeds northeriy along Winne Court until it intersects Hillcrest Road, then proceeding easterly along Hilicrest Road until it intersects the North Fork of the Catfish Creek, then proceeding northwesterly aiong the North Fork of Catfish Creek until it intersects Asbury Road, then proceeding westerly along Asbury Road until it intersects the boundary of the City of Dubuque, then proceeding southerly and easterly along the boundary of the City of Dubuque to its point of origin at the intersection of U.S. Highway 52 South. Section 17 -53. Second ward The Second Ward is described as that portion of the City of Dubuque commencing at the point that Hale Street intersects Grandview Avenue, then proceeding westerly aiong the boundary of Ward 1 until it intersects the boundary of the City of Dubuque, then proceeding northerly and easterly aiong the boundary of the City of Dubuque until it intersects John F. Kennedy Road, then proceeding southeasterly along John F. Kennedy Road until It intersects West 32"' Street, then proceeding easterly along West 32"' Street until it intersects Blasen Drive, then proceeding northerly along Blasen Drive until it intersects Brueck Road, then proceeding easterly along Brueck Road until it intersects Tiffany Court, then proceeding souther~ along Tiffany Court until it intersects West 32" Street, then proceeding easterly along West 32"' Street until it intersects Grandview Avenue, then proceeding southerly along Grandview Avenue until it intersects Kaufmann Avenue, then proceeding easterly along Kaufmann Avenue until it intersects Hempstead Street, then proceeding southerly along Hempstead Street until it intersects Montcrest Street, then proceeding westerly along Montcrest Street until it intersects Abbott Street, then proceeding southerly along Abbott Street until it intersects Lowell Street, then proceeding easterly along Lowell Street until it intersects Harold Street, then proceeding southerly aiong Harold Street until it intersects Clarke Drive, then proceeding easterly along Clarke Drive until it intersects Foye Street, then proceeding southerly along Foye Street until it intersects West Locust Street, then proceeding westerly along West Locust Street until It intersects Kirkwood Street, then proceeding westerly along Kirkwood Street until. it intersects Cox Street, then proceeding southeasterly along Cox Street until it intersects Loras Boulevard, then proceeding southwesterly along Loras Boulevard until it intersects Wood Street, then proceeding southerly along Wood Street until it intersects University Avenue, then proceeding easterly aiong University Avenue until it intersects Deihi Street, then proceeding southwesterly aiong Delhi Street until it intersects West 5th Street, then proceeding easteriy along West 5th Street until it intersects College Street, then proceeding southerly along' College Street until it intersects West 3" Street, then proceeding westerly along West 3" Street until it intersects Grandview Avenue, then proceeding southerly along Grandview Avenue to its point of origin at the intersection of Hale Street and Grandview Avenue. Section 17-54. Third ward The Third Ward is described as that portion of the City of Dubuque commencing at the point Regular Session, August 20, 2001 287 . that Valeria Street intersects Kaufmann Avenue, then proceeding northwesterly along the boundary of Ward 2 until it intersects the boundary of the City of Dubuque, then proceeding easterly, northerly then southerly along the boundary of the City of Dubuque untii it intersects the Peosta Channel Fioodwall, then proceeding southerly along the Peosta Channel Floodwall until it intersects 16'h Street, then proceeding westerly along 16'h Street until it intersects Kerper Boulevard, then proceeding northerly along Kerper Boulevard until it intersects Fengler Street, then proceeding northwesterly along Fengler Street until it intersects I & M Rail Link, then proceeding southwesterly along the I & M Rail Link until it intersects the extension of Stafford Street, then proceeding westerly along the extension of Stafford Street until it intersects Garfield Avenue, then proceeding southwesterly along Garfield Avenue until it intersects East Twentieth Street, then proceeding southwesterly along East Twentieth Street until it intersects Central Avenue, then proceeding northwesterly aiong Central Avenue until it intersects West 23rCl Street, then proceeding southwesterly along West 23'd Street until it intersects Valeria Street, then proceeding westerly along Valeria Street to its point of origin at the intersection of Valeria Street and Kaufmann Avenue. Section 17-55. Fourth ward The Fourth Ward is described as that portion of the City of Dubuque commencing at the point that West 3'd Street intersects Grandview Avenue, then proceeding southerly along the boundary of Ward 1 until it intersects the boundary of the City of Dubuque, then proceeding easterly and northerly along the boundary of the City of Dubuque until it intersects the boundary of Ward 3, then proceeding westerly aiong the boundary of Ward 3 until it intersects the boundary of Ward 2, then proceeding southerly along the boundary of Ward 2 to its point of origin at the intersection of Grandview Avenue and West 3rd Street. Published officially in the Telegraph Herald newspaper this 24'h day of August, 2001. Jeanne F. Schneider, City Clerk 1t 8/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage et 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 Nicholson. Motion carried 7-0. . . 2001 Comprehensive Plan Goals and Objectives: Proof of publication on notice of hearing on the 2001 Comprehensive Pian Goals and Objectives, presented and read. Michalski moved that the proof be received and flied and that the 2001 Comprehensive Plan Goals and Objectives be approved. Seconded by Robbins. Motion carried 7-0. Sutton Pool Painting Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on tlhe receipt of bids, and City Manager recommending to award the contract for the Sutton Pool Painting Project to Fred Jackson Tuckpointing Company in the amount of $32,221, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 368-01 RESOLUTIDN ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 16th day of July, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Painting Sutton Pool Tank Project. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 20th day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Marl<ham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 369-01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Painting Sutton Pool Tank Project pursuant to Resolution No. 336-01, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 27th day of July, 2001. Whereas, said sealed proposals were opened and read on the g'h day of August, 2001, and it has been determined that the bid of Fred Jackson Tuckpointing Company, in the amount of $32,221 was the lowest bid for the fumishings 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 Fred Jackson Tuckpointing Company, and the Manager be and is hereby 288 Regular Session, August 20, 2001 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 20th day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Dubuque Air Service ADA Improvements: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending to award the contract for the Dubuque Air Service ADA Improvements Project to Klauer Development in the amount of $37,850, presented and read. Michalski moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 370-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 11th day of July, 2001, plans, specifications, form of contract and estimated- cost were filed with the City Clerk of Dubuque, Iowa for the Dubuque Regional Air Service Building (FBO) ADA Improvements Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 20'h day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 371-01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the FBO Automatic Door Project - Dubuque Regional Airport pursuant to Resolution No. 333-01 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 20th day of July, 2001. Whereas, said sealed proposals were opened and read on the 9~ day of August, 2001, and it has been determined that the bid of Klauer Development Corp. of Dubuque, Iowa, in the amount of $37,850.00 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 Klauer Development Corp. 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 20th day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Northwest Arterial Detention Basin - Phase I: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending to award the contract for the Northwest Arterial Detention Basin - Phase I Project to Horsfield Construction in the amount of $171,649.75, presented and read. Buol moved that the proofs and communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 372-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1" day of August, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Northwest Arterial Detention Basin Modifications Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 20th day of AU9ust, 2001. Regular Session, August 20, 2001 289 . 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. 373-01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Northwest Arterial Detention Basin Modifications Project - Phase I pursuant to Resolution No. 353-01 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the ?,h day of August, 2001. Whereas, said sealed proposals were opened and read on the 14th day of August, 2001, and it has been determined that the bid of Horsfield Construction of Epworth, Iowa, in the amount of $171,649.86 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 Horsfield 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 20th day of Aug ust, 2001 . Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. High Bluff Sanitary Sewer Project: Proofs of publication on notice of hearing on pians and specifications and notice to bidders on the receipt of bids, and City Manager recommending to award the contract for the High Bluff Sanitary Sewer Project to Drew Cook and Sons Excavating, Inc" in the amount of $110,833.24, presented and read. Cline moved that the proofs and communication be received and fried. Seconded by Robbins. Motion carried 7-0, . RESOLUTION NO, 374-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1" day of August, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Sanitary Sewer Reconstruction Project - High Bluff from Stafford 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 DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 20th day of Aug ust, 2001 , Terrance M, Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO, 375-01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Sanitary Sewer Reconstruction Project - High Bluff from Stafford to Fengler pursuant to Resolution No. 356-01 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 7'h day of August, 2001, Whereas, said sealed proposals were opened and read on the 14th day of August, 2001, and it has been determined that the bid of Drew Cook & Sons Excavating, Inc. of Dubuque, Iowa, in the amount of $110,883.24 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 Drew Cook & Sons Excavating, Inc, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 20th day of Aug ust, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Buol moved adoption of the Resolution, Seconded by Robbins. Motion carried 7-0. Harvest View Estates Sanitary Sewer Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending to award the contract for the Harvest View Estates Sanitary Sewer Project to 290 Regular Session, August 20, 2001 McDermott Excavating in the amount of $263,799.30, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 376-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1" day of August, 2001, plans, specifications, forrr of contract and estimated cost were filed with the City Clerk of Dubuque. Iowa for the Harvest View Estates - Phase I Sanitary Sewer Project. Whereas. notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, forrr of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 20~ day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 377-01 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Harvest View Estates Sanitary Sewer Project pursuant to Resolution No. 359-01, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 7th day of August, 2001. WHEREAS, said sealed proposalS were opened and read on the 14'h day of August, 2001, and it has been determined that the bid of McDermott Excavating, in the amount of $263,799.30 was the lowest bid for the furnishings of all labor and materials and perforrring 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 McDermott Excavating, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. 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 20th day of August, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Buol moved that the rule be reinstated limiting discussion to the Council. Seconded by Robbins. Motion carried 7-0. ACTION ITEMS Town Clock (Tabled on August 6, 2001): Cline moved that the following item be removed from the table. Seconded by Nicholson. Motion carried 7-0. Communication from John E. Butler, President of Cottingham and Butler, requesting that the City relocate the Town Clock to the Town Clock Building at 835 Main Street; Communication from City Manager on construction costs; Corporation Counsel submitting a proposal from Mary Lou Baal on behalf of the Town Clock Building Company for relocation of the town clock; Communications from Charlie Glab, David Wm. Rusk, Walter F. Peterson, Thomas E. Graham, Eugene F. Schmidt, Sr. Margaret Ann Willging, Brad Parks, Lisa Spencer, John Meehan, and the Executive Committee of the Dubuque County Historical Society, regarding the relocation of the Town Clock, presented and read. John Butier, 2000 S. Grandview, spoke requesting consideration of their proposal to move the Town Clock, that they will guarantee the $100,000 matching State grant (if obtained), and stressed that the visibility on their historic Town Clock building would be higher than on its current pedestal. David Rusk, 2340 Coates St., spoke in opposition of moving the Town Clock for various reasons. Nick Lucy, 783 Fenelon Place, spoke in opposition of moving the Town Clock and opening the Plaza. John Meehan, 830 Boyer, with the Dubuque Jaycees, spoke stating they had voted unanimously to keep the Town Clock at its present location. Dave Stewart, 1470 Locust, spoke stating the Clock is a traffic hindrance and should be moved, and that we accept the generosity of Cottingham and Butler. Tim Conlon, 480 Wartburg Place, spoke stating that the Clock should be returned to its original home. Walter Peterson, 1760 Overview Ct., stressed that it is critical for the downtown's future that the Town Clock be returned to its original site. Regular Session, August 20, 2001 291 . John Ehlers, 1617 Kebbie, spoke in opposition of moving the Town Clock. Bob Felderman, 1980 Marion St., spoke requesting that the Ciock not be moved. Brad Parks, 186 Bluff, spoke stating the Town Clock stay where it is as it is an leon of the Downtown. Thomas J. Reilly, 951 Oxford, spoke stating that the Clock is the focal point of the downtown and should be left where it is. Greg Stover, 1145 Locust, spoke requesting the Clock be moved so that the downtown area would be more viable and useful. Charlie Glab, 804 English Lane, spoke stating that the Clock is a barrier and should be moved, that it is important that Main St. be opened. Cline moved to receive and file the communications and to keep the Town Clock at its present position. Seconded by Markham. Carried by the following vote: Yeas-Buol, Cline, Duggan, Markham, Michalski, Robbins. Nays- Nicholson. . Penalties for Tobacco Permit Holders: Consideration of assessing civil penalties to thirteen businesses for underage tobacco sales. presented and read. Buol moved to receive and file the communication and to assess the penalties. Seconded by Nicholson. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski commended the City Staff in working with the Historical Society and the American Rivers' Organization from Washington DC that hosted the Workshop at the Dubuque County Jail. ITEMS TO BE SET FOR PUBliC HEARiNG . Piastic Center, inc. - Conceptuai Deveiopment Plan: Zoning Advisory Commission reaffirming their approval of a rezoning request from Piastic Center, Inc., to rezone property located at the southeast corner of the Northwest Arterial and Asbury Road from AG Agricuitural District to PUD Planned Unit Oevelopment with a PC Planned Commercial, PO Planned Office and PR Planned Residential designation; Communication from Brian J. Kane requesting that the public hearing on the above matter be set for October 1, 2001, presented and read. Michalski moved to receive and file the communications and set this matter for public hearing on 10/1/01 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 law. Seconded by Nichoison. Motion carried 7-0. At 8:44 P.M. Buol moved go into Ciosed Session re: Pending Litigation (Iowa Code Chapter 21.5(1 )(c). Seconded by Markham. Motion carried 7-0. At 8:57 P.M. Council reconvened Regular Session stating that Staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Cline. Motion carried 7- O. The meeting adjourned at 8:58 P.M. Isl Jeanne F. Schneider City Clerk lt 8/29 Approved: 2001 Adopted: 2001 Attest:CL~4-;:l'</~/--",DJ Ci Clerk 292 Special Session, August 22, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 22, 2001 Council met in special session at 4:30 p.m. at Four Mounds Present: Council Members Buol, Cline, Markham, Michalski, Nicholson, City Manager Michael Van Milligen: Corporation Counsel Barry Lindahl Absent: Mayor Duggan, Council Member Robbins ., Councii Member Nicholson read the call and stated this is a special session of the City Council called for the purpose of conducting a goai setting session. The City Council discussed where they want the City to be in five years and strategies to achieve those goals. Council also discussed what they saw as upcoming challenges, the City's "to do" list, and what new ideas need to be looked at. .A review of the previous year's accomplishments and the current goals and priorities was completed and work began on updating the goals and priorities. There being no further business, upon consensus meeting adjoumed at 9:44 p.m. Is/ Jeanne F. Schneider City Clerk 1t 8/29 Approved: 2001 2001 Attest:/::d'..2>:2'..-("/ ~-C'~ Clerk Special Session, August 23, 2001 293 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 23, 2001 Council met in special session at 4:10 p.m. at Four Mounds Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, City Manager' Michael Van Milligen; Corporation Counsel-BarrY Lindahl Absent: Council Member Robbins .' , Mayor Duggan read the call and stated this is a special session of the City. Council called for the purpose of conducting a goal setting session. . The City Council reviewed their Policy Agenda for 2001 - 2003 and identified policy issues and actions necessary for each targeted goal. The Council established their Policy Agenda 2003: Actions for Mayor and City Council as: Top Priority Action Items . Telecommunications Strategy, America's Riverfront Project and Development, and Storm Water Management; Higher Priority Action Items - Owner Occupied Affordable Housing, Highway 20, the Street Program, and Federal Strategy; and High Priority Action Items - Incentives for Business, Northwest Arterial Access, and Downtown Master Plan. There being no further business, upon consensus meeting adjourned at 8:39 p.m. Isl Jeanne F. Schneider City Clerk 1t 8129 . Approved: ~~~/ 5, ?.,:.<'~~/ 5 Adopted: Wit; /1.) ~ I ejJ~./ Council embers 2001 2001 :/ 294 Special Session, August 28, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 28, 2001 Council met in special session at 4:00 p.m. at City Hall to begin a bus tour Present: Mayor Duggan (arrived at 4:30 p.m.), Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen Mayor Pro-Tem Robbins read the call and stated this is a special session of the City Council called for the purpose of conducting a bus tour of areas identified for improvement in the proposed Stormwater Management Plan. Council toured the Bee Branch Drainage area and the North Fork Catfish Creek Drainage Basin as Richard Niedergeses of HDR Engineering Inc. and City staff explained what the proposed improvements included. There being no further business, upon consensus meeting adjoumed at 8:00 p.m. Isl Jeanne F. Schneider City Cierk 11 9/5 Approved: c~A/ 5" r / ~ t:Lc--??t~~/ -.:7 Adopted: / ,t Council Members 2001 .-----: <<d~.-z'A/ -T- Clerk