Proof Council Min 3 18 02 ' and Butler Insurance I Dubuque; proof of public~- I and filed Ordinance No. -
Manage~en~..B!li (Se,nanny[~ t Services, nc, related to the ,ion on notice et hearing ,o I 02 .A?endlng ~Cha~tuei~dilnl..
2292) as~t~/lll.S~,¥?re~yn-Hic I rehablitetion' of the Town consider, amending the (_Bui]c~s . an~a.~ ~-it- ~)~
ir~provements upon motion Clock Braiding ~t 835 M. am off strgeet orkin lots for Dubuque Code of Ordine. nces
M n g ' · , ' b the Oil of Dubuque and of Ordinances by estebhs~mg
Millige. to area Jegialetors A. pptovmg.a~n. E~e~P~8oen~Z~ , t~/e Z~ning AdvisoryI a twalye morrth moret?~m
Mualoipal F~re and Potme Iowa . Deportm motion workintheSouthweetArtenal
Retirement System of Iowa, Ned and fi ed Ordinance Corndor, presented and read._
upon mottonrecalvedand C~ty of Dubuque, Bu~edr ~ Jg'g2 Amending Oline moved thet the require-
· Insurance Servce [no. Appendx A (the Zoning merit that a proposed
Continuum of Care Project- Bec?tied . ~Y~ nNIohOlS°m Or~:~aauneC~odeof Ord .~ces voted on for passage at two
OMi Service Commsson: by amand,og S[ot,~On~c ~ Om~i~Ma:e~igc~tPitd~sr~t~ee
f.l(D)(S), g-f.2(D)( ) -
Care project. Seconded oy
A.H. Oath Subdivision No. 5~
filed Bud moved adoot en
Zoning Advisory Commission
- 515 Garfiald Avenue), upon
Estates Park: City Manage~
Seconded by Nichalson.
Amalgamated Tran&it Union:
City Manager recommending
Dubuque and the
the agreement. Se, conded by
0
Program: Copy of a media.
Support Main Street Project:
me issuance of $%000,000
lion of Resolution No. 159-02
$1,000,000 General
'Obligation 9cuffs, Series
2002B, and levying a tax to
pay said bonds. Seconded-
~e, Jorja's
d the Finance
partment of
from M~rk F.
acknowled~-
~Yor Duggan:s
Iowa 32, upon
~ from Donna
~f Supervisors,
andro, Iowa
of
regarding the.
32 Southwest
)rrespondenCe:
~ation of City
~hae[ O. Van
upon motion receved and
flied. Buol moved adoption
of Resolution ,No. 151-02
Accepting improvement and
Resolution No. 152-02
Approving final eetimats..
seconded by Nioholson.
Motion carried 6-0.
Jackson Street Relief Storm
Sewer
Acceptance:
recommendin[
the
Storm sewer (
Project ~s
portzen
final
1.3(D)(5) Conditional Uses for finally pesseo be susoended
me R-1 Single-Family and further moved final con-
Residential District, R-2 T~- alderation and passage of the
Family Residential District Ordinance, as amended to.
and the R-2A ARernate Two- ex~ene me ~3oratorium JntiP
Family Residential Dietdct to_ May 1, 2003. Seconded by
[atow off-street oarKmg lots 0Nichetson. Motion carded ~- I
churches as ~ conditional ' Extension of Highway 20 /
use. 3~seoted ane read. Buildiog Permit Moratorium:
BUd[ moved that the require- City Manager recommending
men~ that a proposed approval of an iowa '/
Department of Transportation
Ordinance be considered and
voted on for passage at two request to extend the buildfsg~
Council Meetings prior to the permit moretodurn on
meeting at which it is to be~ Nighway 20 until May 1,20(38
finally ~assed be suspended from Bluff Street eset to the
and fu~ner move~ final con- m~y limits ~r connecbon wnn
sideratidn and passage of the the U.S. Mississippi River
Ormnance. Seconded Dy Crossing Study, upon motion
Mich~Jski. Motion carried 6- received and filed·
0. Ordinance No. 21-02
Napier Street Storm and Amending Chapter 11
Sanitary Sewer Buildings and Building_
Reconstruction Project: Regulations of the City of
Proofs of publication on. Dubuque Code of Ord nantes
notice of hearing on plans oy amending Section 11-58.1
and specifications, and notice of the City of Dubuque Code
to bidders on the receidt of of Ordinance~ D~ establishing
bids, and City Manager rec- I a twelve month moratorium
ommanding award of theI on the issuance of permits for
Napier Street Storm and work in the U.S. Highway 20
Sanitary Sewer Corridor, presented and read.
Reconstruction Project to Cline moved that the reau~re-~
Fondali Excavating in the men~ mai a proposed
amount of $97,862.80, upon Ordinance De conaldered and
motion received And f[led.~ voted on for passage at two
Ciin8 moved adoption of Council Meetings prior to the
Resolution NO, 163-02 meeting at which it is to De
Adopting plans and spealfica- finally passed be suspenoe~
t~ons for me project and and fur[nor moved final con-
Resolution No. 164-02 slderation and pass~ge of the
Awarding contract to Fondell Ordinance. Seconded by
Excavating. Seconded Dy ~lidno~son. Motion carded 6%
Nichelson. Motion cartied 6- 0.
0, Amendment [o the Code of
Burlington Northern DepOt- Ormnance$ - Offenses and
Miscellaneous Provisions:
Restoration project: Proofs of
publication on notice of hear- City Manager recommending
ing on plans ~nd specifica- the addition of two sections
tlons, and notice to bidders to the City of Dubuque Code
on the recalDt of bids. ano of Ordinances which wo~]d
City M~nager recommending allOW for 'a oerson suffering
award of sale.ed construe- from intoxication from sub-.
lion contracts and the relec- stances other than alcohol to
lion of others for zne. be held rasponalble for their
Budin¢on Northern gepot actions as well as add protec-
Restoration ~project. upon zlons for the general pab[ic,
aside for this oroject. Dy adding a new Section 33-
Adopbng plans and spealfica-o Substance m a Public Place
ACTION ITEMS finally passed be suspenoe~
(Tabie~ a~ 2/18/02 Meeting): Nicno~son. Motion carded 6-
Communication from the City 0.
Mrs. Joseph Dolter, 2025 motion received and filed.
Rockdale, spokelnsupportof C[[ne moyed adoption of.. tion and passage of the
Rd., spoke objecting to the
rezoning to commercial,
stressing a concern about the
devaluation of property.
Nichoison moved that the
proof, communication and
Ordinance be received and
filed and concur with the r~c-
ommended denial.
Seconded by Buol. 'Vote on
the motion was: Yeas-'
Nicholson, BuoL Nays-
.Duggan, Cline; Connors,
Rbqueet of Greeter
Dubuque Development
consider
amending the
dealgna-
Lots 1 thru g, inclualv~, and
Lot A of Block 1, Bidck 2,
Block 3, Lots 1 thru 13, inclu-
sive, of Block 4, Lots 1 thru
11, inclusive, of Block 5, Lots
11 and 12 of Block 6, Lots 1
and 2 of Block 7, and Lots A
th~:u G, inclusive, all of Arbor,
Estates, in the City of
Dubuque, fswa. Seconded
by Michalski. Motion carried
6-0 with Nidholson temporari-
ly out of the Chambers. .
HarVest Business Cente~ -
Final Plot; City Manager rec.
ommanding approval of the
final plet of Harvest Business
Center located immediately_
east of Resurrection Church
. and which is th~ commercial
portion of the Harvest View
Estates SubdivialQn, upon
Nichetsom Motion carried 6~
Vehicle Impoundment
Ordinance: City Manager rec;
ommending modifications to
the existing Vehicle
imPOundment Ordinance te~
)rovide the authority to '
impound vehicles from pri.
vote idts, with the prcperty
owneffs consent, and elimi-
nating the twelve month time
mtiat on for the collection df
un aid fnes, upon motio '
received and filed Ordinance
No. 24-02 Amending the CityJ
of Dubuque Code
Ordinances Section 32-4i~
removal and impoundment
vehicles by permitting the
towing of vehicles on private
property with the property
owner's consent, presente¢
moved that
Drive, presented and read.
Buol moved that the require-
ment that a proposed
Ordinance be considered and
voted on for. passage at two
Council Meetings prier to the
meeting et which it is to be
finally passed be suspended
and further moved final con-
sideretion and passage of the~'
Ordinance. Seconded Dy
Nicholsor~ Mouou carried 6-
0. Buol moved adoption of
Seconded by N~cnolson.
V~otidn carried 6-0.
and filed- Buol moved adOD-
Auditorium and direet the City
and Reso~utidn No. 174-02~
Ordedog bids. Seconded by
nitiate: City Manager racom-
ting a public headqg for April
21.5(1)(j) 2001 Code of Iowa.
mg that Staff had been given
adjourned at 8:29 RM.
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLIC
Communications, Inc., an Iowa corporation, publishe
newspaper of general circulation published in the !
Dubuque and State of Iowa; hereby certify~
in said newspaper on the following dates whichtheI
· , 20~, and for
Subscribed to before me, a Notary Public in and for
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ranch, hardwood floors, $650
v930 1/2Kirkwood2 BR, rec
room, gar, park -like yard $595
v 19351/2E//is 3 BR $545
v1082 Wilson 3 BR $645
v 663 W. 11th 3 BR $595
•3 BEDROOM $7250
Large 4 seasons room
McIntyre Realtors 556-3648
LIKE NEW!
Mobile home for rent
CaII 557-1493
Victorian 3 BR, Mercy area,
stove, frig. & gar. $600. No
pets. 563-875-8261/580-4509
780
Rooms for
Rent
CANFIELD HOTEL
'ally, Weekly & Monthly Rates
556-4331
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w/owner unit/garage,
$695,000, DMLS, Call Bob
213-0398
CONTINENTAL
REALTY
& FELDERMAN
APPRAISALS
557 1465
1179 lowa St., Dubuque
www.feldermans.eom
RESIDENTIAL
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honcec for gale
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pet & windows, off street
parking, storage shed in
yard. $62,900.
ALL THE WORK has been
done in this 3 BR, 2 bath
home. Main floor family
room with gas fireplace &
skylites, all newer mechani-
cals, windows, wiring,
kitchen. Oversized 2 car
garage + off street for
camper or car. $95,900.
458873(3-29
3-5 bedroom, 3 bath ,walkout
ranch, $169,900.
Bob Smith Realty 557-1615
RIVER CITY REALTY
588-1714
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, TAMMY M FELDMANN a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a
newspaper of general circulation published in the City of Dubuque, County of
Dubuque and State of Iowa; hereby certify thatthe attached notice was published
in said newspaper on the following dates /�./a ►'r' Ji 9-7
, 20 0 ,. , and for which the charge is $ 02, 9% 3. 7
/(r�t,'}'L4, . L!, F /b/t_e/1/1/Yli
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
thisc day o zr� 20 d o1
Notary Pub is in and for Dubuque Count owa
MANY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2005
;ITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular
ession, March 18, 2002
City Council met in Regular
ession at 6:30 P.M. in the
ibrary Auditorium
Present: Mayor Duggan,
;ouncil Members Buol, Cline,
;onnors, Michalski,
licholson, City Manager
lichee) Van Milligen,
lorporation Counsel Barry
indahl.
Absent: Council Member
Iarkham
Mayor Duggan read the call
nd stated this is the regular
ession of the City Council _
ailed for the purpose of act -
upon such business
Mich may properly come
iefore the City Council.
Invocation was given by Dr.
Ian Crandall, Campus
;haplain, University of
)ubuque.
CONSENT ITEMS
Minutes Submitted: Airport_
)ommission of 2/25; Building
;ode Board of Appeal of
I/28; Citizens with Disabilities
>arking Review Committee of
/22; City Conference Board
>f 2/11 and 3/4; City Council
>f 2/27 and 3/4; Civil Service
)f 2/8; Electrical Code Board
>f 2/27; Environmental
Stewardship Advisory..
commission of ' 3/5; Five
:lags Commission of 1/14;
3overning Board of the
vlunicipal Housing Agency of
3/5; Historic Preservation
Dommission of 2/11 and
2/21; Housing Commission of
2/28; Housing Commission
trust Fund Committee of
2/22; Human Rights_
commission of 2/11 and
2/21; Long Range Planning
Advisory Commission of 2/20;
Mechanical Board of 3/5;
Zoning Advisory Commission
of 3/6; Zoning Board of
Adjustment of 2/28, upon
motion received and filed.
Proofs of publication of City
Council Proceedings for 2/20,_
2/21, 2/25 and 2/27; and List
of Claims and Summary of
Revenues for Month Ending
January 31, 2002, upon
motion received and filed.
Finance Director submitting
the Financial Reports for the
month ending February 28,
2002, upon motion received
and filed.
Notice of Claims/Suits:
Cindy Frommelt in estimated
amount of $241.72 for vehicle
damage; Fannie Stout House
in estimated amount of $350
for property damage; Lynn E.
Lampe in estimated amount
of $862.89 for vehicle dam-
age; Marty and Linda Maas in
estimated amount of,
$3,243.50 for vehicle dam-
age; Kenneth and Marla
Meyer inestimated amount of
$2,460.20 for property dam-
age; Gus Psihoyos in estimat-
ed amount of $597.68 for
vehicle damage; Joan
Reinholt in undetermined
amount for personal injury;
Jeanne Schneider in estimat-_
ed amount of $1,363.82 for
vehicle damage, upon motion
referred to the Legal Staff for
investigation and report.
Corporation Counsel advis-
ing that the following claims
have been referred to Public
Entity Risk Services of Iowa,
the agent for the Iowa
Communities Assurance _
Pool: Allied Insurance (for
Marty Maas) for vehicle dam -
Management Bill (Senate File
2292) as it will severely hinder
cities _ undertaking public
improvements, upon motion
received and filed.
Communication of City
Manager Michael C. Van
Milligen to area legislators_
regarding Chapter 411 of the
Municipal Fire and Police
Retirement System of Iowa,
upon motion received and
filed.
Hillcrest Family Services
Continuum of Care Project -
Notice of No Significant
Impact: City Manager recom-
mending approval of a com-
bined notice of no significant
impact on the environment
and notice of intent to request
release of funds for the
Hillcrest Family Services
Continuum of Care Project,
upon motion received and
filed. Buol moved adoption
of Resolution No. 145-02
Authorizing publication of a_
.Combined Notice of Finding
of No Significant Impact on
the Environment and Notice
of Intent to Request Release
of Funds for the Hillcrest
Family Services Continuum of
Care Project. Seconded by
Nicholson. Motion carried 6-
0.
A.H. Oeth Subdivision No. 5
- Plat of Survey: Zoning'
Advisory Commission recom-
mending approval of the Plat
of Survey of Lots 1, 2 and 3 of
A.H. Oeth Subdivision No. 5,
upon motion received and
filed. Buol moved adoption
of Resolution No. 146-02
Approving the Plat of Survey
of Lots 1, 2 and 3 of A.H. Oeth_
Subdivision No. 5 in the City
of Dubuque, Iowa.
Seconded by Nicholson.
Motion carried 6-0.
Final Plat for Davis Place II:
Zoning Advisory Commission
recommending approval of
the minor final plat for Davis
Place II to facilitate construc-
tion of a 19-unit rooming and_
boarding house on Lot 2 (511
- 515 Garfield Avenue), upon
motion received and filed.
Buol moved adoption of
Resolution No. 147-02
Approving the Final Plat of
Davis ,Place II in the City of
Dubuque, Iowa. Seconded
by Nicholson. Motion carried
6-0.
Land and Water.,
Conservation Fund Grant
Application for Harvest View
Estates Park: City Manager
recommending approval of
the submission of a Land and
Water Conservation Fund
Grant Application for Harvest
View Estates Park, upon
motion received and filed.-
Buol moved adoption of
Resolution No. 148-02 on
Acquisition or development
for outdoor recreation.
Seconded by Nicholson.
Motion carried 6-0.
Collective Bargaining
Agreement with the
Amalgamated Transit Union:
City Manager recommending
approval of a one year agree-
ment between the City of
Dubuque and the
Amalgamated Transit Union,
Local #329, upon motion
received and filed. Buol
moved adoption of
Resolution No. 149-02
Approving the agreement
between the City of Dubuque,_
Iowa, and the Amalgamated
Transit Union, Local #329 and
authorizing the Mayor to sign
the agreement. Seconded by
and Butler Insurance
Services, Inc., related to the
rehabilitation of the Town
Clock Building at 835 Main
Street, upon motion received
and filed. Buol moved adop
tion of Resolution No. 158-02
Approving an Enterprise Zone
Agreement by and among the
Iowa Department of
Economic Development, the
City of Dubuque, and
Cottingham and Butler
Insurance Service, Inc.
Seconded by Nicholson.
Motion carried 6-0.
Civil Service Commission: Civil Service Commission
submitting the certified list for
the position of Engineering
Assistant I, upon motion
received and filed and
resolved to make this a mat-
ter of record.
Urban Deer Management
Program: Copy of a media_
release providing a report on
the 2001 - 2002 Urban Deer
Management Program, upon
motion received and filed.
General Obligation Bonds to
Support Main Street Project:
City Manager recommending
the issuance of $1,000,000
General Obligation Bonds,
Series 2002B• in support of_
the Main Street construction
project, upon motion received
and filed. Buol moved adop-
tion of Resolution No. 159-02
Appointing Wells Fargo Bank
Iowa, National Association of
Des Moines, Iowa, to serve as
Paying Agent, Bond Registrar,
and Transfer Agent, approv-
ing the Paying Agent and
Bond Registrar and Transfer
Agent Agreement and author-
izing the execution of the
Agreement; Resolution No.
160-02 Authorizing and pro-
viding for the issuance of
$1,000,000 General
'Obligation Bonds, Series
2002B, and levying a tax to
pay said bonds. Seconded -
by Nicholson. Motion carried
6-0.
Business Licenses: Buol
moved adoption of
Resolution No. 161-02
Granting issuance of a Class
"C" Beer Permit to Arby's Q
Mart and Resolution No. 162-
02 Granting issuance of a
Class "C" Beer/Liquor-
License to Windmills,
Neighbor's Tap, Bunker Hill
Golf Course, Eagles Club
#568, and Dubuque
Greyhound Park. Seconded
by Nicholson. Motion carried
6-0.
BOARDS/COMMISSIONS
Appointments to the follow-
ing Commission: Community_
Development Advisory
Commission: Three vacancies
- Census Tract 2; Census
Tract 5 (term of Dan
Shireman); At -Large (term of
Walter Pregler). Applicants:
Census Tract 5 - Dan
Shireman; At -Large - Walter
Pregler. Upon motion Dan
Shireman and Walter Pregler._
reappointed to three year
terms which will expire 2-15-
05.
PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to speak.
Upon motion the following
was removed from the table:
Rezoning Request of Dennis_
and Lori Ansel (Tabled on
2/4/02): Proof of publication
on notice of hearing to con-
sider rezoning property locat-
ed at 2001 Rockdale Road
from R-1 Single Family
Dubuque: Proof of publica-
tion on notice of hearing to
consideramending the
Zoning Ordinance to allow,
off-street parking lots for
churches and schools as a
conditional use as requested
by the City of Dubuque and
the Zoning Advisory
Commission recommending
approval, upon motion
received and filed, Ordinance
No. 19=02 Amending
Appendix A (the Zoning -
Ordinance) of the City of
Dubuque Code of Ordinances
by amending Section 3-
1.1(D)(3), 3-1.2(D)(4) and 3-
1.3(D)(5) Conditional Uses for
the R-1 Single -Family
Residential District, R-2 Two
Family Residential District
and the R-2A Alternate Two -
Family Residential District to_
allow off-street parking lots
for adjacent schools and
churches as a conditional
use, presented and read.
Buol moved that the require-
ment 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 con-
sideration and passage of the
Ordinance.. Seconded by
Michalski. Motion carried 6-
0.
Napier Street Storm and
Sanitary • Sewer
Reconstruction Project:
Proofs of publication on,
notice of hearing on plans
and specifications, and notice
to bidders on the receipt of
bids, and City Manager rec-
ommending award of the
Napier Street Storm and
Sanitary Sewer
Reconstruction Project to
Fondell Excavating in the
amount of $97,862.80, upon
motion received and filed.
Cline moved adoption of
Resolution No. 163-02
Adopting plans and specifica-
tions for the project and
Resolution No. 164-02
Awarding contract to Fondell
Excavating. Seconded by
Nicholson. Motion carried 6-
0.
Burlington Northern Depot
Restoration Project: Proofs of
publication on notice of hear-
ing on plans and specifica-
tions, and notice to bidders
on the receipt of bids, and
City Manager recommending
award of selected construc-
tion contracts and the rejec-
tion of others for the
Burlington Northern Depot
Restoration Project, upon
motion received and filed.
Jerry Enzler, of the Historical
Society, spoke stating they
have contingency funds set
aside for this project.
Cline moved adoption of
Resolution No. 165-02
Adopting plans and specifica-
tions for the project;
Resolution No. 166-02
Awarding contracts and
Resolution No. 167-02
Rejecting bids. Seconded by
Nicholson. Motibn carried 7-
0.
Upon motion the rules were
reinstated limiting discussion
to the Council. ACTION ITEMS
Upon motion the following
was removed from the table:
Eagle Point No. 2 - Final Plat
(Tabled at 2/18/02 Meeting):
Communication from the City
Manager requesting that this
item be tabled to the April 1,
and filed. Ordinance No. 20-
02 Amending Chapter 11
(Buildings and Building'
Regulations) of the City of
Dubuque Code of Ordinances
by amending Section 11-58.3
of the City of Dubuque Code
of Ordinances by establishing
a twelve month moratorium
on the issuance of permits for
work in the Southwest Arterial
Corridor, presented and read. _
Cline moved that the require-
ment 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 con-
sideration and passage of the
Ordinance, as amended to. -
extend the moratorium until'
May 1, 2003. Seconded by
Nicholson. Motion carried 6-
0.
Extension of Highway 20
Building Permit Moratorium:
City Manager recommending
approval of an Iowa
Department of Transportation
request to extend the building_
permit moratorium on
Highway 20 until May 1, 2003
from Bluff Street east to the
city limits in connection with
the U.S. Mississippi River
Crossing Study, upon motion
received and filed.
Ordinance No. 21-02
Amending Chapter 11
(Buildings and Building._
Regulations) of the City of
Dubuque Code of Ordinances
by amending Section 11-58.1
of the City of Dubuque Code
of Ordinances by establishing
a twelve month moratorium
on the issuance of permits for
work in the U.S. Highway 20
Corridor, presented and read.
Cline moved that the require-..
ment 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 con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 6
O.
Amendment to the Code of
Ordinances - Offenses and
Miscellaneous Provisions:
City Manager recommending
the addition of two sections
to the City of Dubuque Code
of Ordinances which would
allow for a person suffering
from intoxication from sub-
stances other than alcohol to
be held responsible for their
actions as well as add protec-
tions for the general public,
upon motion received and
filed. Ordinance No. 22-02
Amending the City of
Dubuque Code of Ordinances
by adding a new Section 33-
83 Prohibiting Being Under_
the Influence of a Controlled
Substance in a Public Place
and adding a new Section 33-
84 Prohibiting Sniffing Glue or
other Chemical Substances,
presented and read.
Michalski 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 con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 6-
0.
Amendment to the Code to
Ordinances - Alcoholic
Vacating a portion of Carmel
Drive, presented and read.
Buol moved that the require-
ment 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 con-
sideration and passage of the "'
Ordinance. Seconded by
Nicholson. Motion carried 6-
O. Buol moved adoption of
Resolution No. 171-02 of
Intent to dispose of City inter-
est in Lot 5A of Carmel
Heights, Dubuque, Iowa and
further set this for public
hearing at a meeting to com- ,..
mence at 6:30 P.M. on April 1,
2002 in the Public Library
Auditorium and direct the City
Clerk to publish notice in the
manner prescribed by law.
Seconded by Nicholson.
Motion carried 6-0.
Operations and
Maintenance Center Roof
Repair Project - Initiate: City,
Manager recommending initi-
ation of the bidding process
for the Operations and
Maintenance Center Roof
Repair Project and setting a
public hearing for April 15,
2002, upon motion received
and filed. Buol moved adop-
tion of Resolution No. 172-02
Preliminary approval of plans -
and specifications;
Resolution No. 173-02 Fixing
date of hearing on plans and
specifications for 4/15/02 at
a meeting to commence at
6:30 P.M. in the Public Library
Auditorium and direct the City
Clerk to publish notice in the
manner prescribed by law
and Resolution No. 174-02
Ordering bids. Seconded by
Nicholson. Motion carried 6-
0.
Tanzanite Drive Paving -
Initiate: City Manager recom-
mending initiation of the bid-
ding process for the Tanzanite
Drive Paving Project and set-
ting a public hearing for April
15, 2002,upon motion _
received and filed. Buol
moved adoption of
Resolution No. 175-02
Preliminary approval of plans
and specifications;
Resolution No. 176-02 Fixing
date of hearing on plans and
specifications for 4/15/02 at a
meeting to commence at 6:30
P.M. in the Public Librarya°.
Auditorium and direct the City
Clerk to publish notice in the
manner prescribed by law
and Resolution No. 177-02
Ordering bids. Seconded by
Nicholson. Motion carried 6-
0.
At 8:07 P.M. upon motion it
was resolved to go into
Closed Session re: Property...
Acquisition - Chapter
21.5(1)(j) 2001 Code of Iowa.
At 8:28 P.M. Council recon-
vened Regular Session stat-
ing that Staff had been given
proper direction.
There being no further busi-
ness, upon motion meeting
adjourned at 8:29 P.M.
/s/ Jeanne F. Schneider CMC
City Clerk
1t3/27
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
TAMMY M FELDMANN a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a
newspaper of general circulation published in the City of Dubuque, County of
Dubuque and State of Iowa; hereby certify tha the attached notice was published
on the followingdates A a ►'r .11-7
in said newspaper
20 C% ,% , and for which the charge is $ �� 3. 7
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
thisc2 ?ek day o 20 0 a -
Notary Pub is in and for Dubuque Count ' owa
CiV1111111JJi V11 VI L/ 1 I C11IU V1 IIOJVIU IIVII IYV. IYV V.
2/21; Housing Commission of Approving the Plat of Survey
2/28; Housing Commission of Lots 1, 2 and 3 of A.H. Oeth...
Trust Fund Committee of Subdivision No. 5 in the City
2/22; Human Rights_ of Dubuque, Iowa.
Commission of 2/11 and Seconded by Nicholson.
2/21; Long Range Planning Motion carried 6-0.
Advisory Commission of 2/20; Final Plat for Davis Place II:
Mechanical . Board of 3/5; Zoning Advisory Commission
Zoning Advisory Commission . recommending approval of
of 3/6; Zoning Board of the minor final plat for Davis
Adjustment of 2/28, upon Place II to facilitate construc-
motionreceived and filed. tion of a 19-unit rooming and.
Proofs of publication of City boarding house on Lot 2 (511
Council Proceedings for 2/20,_ - 515 Garfield Avenue), upon
2/21, 2/25 and 2/27; and List motion received and filed.
of Claims and Summary of Buol moved adoption of
Revenues for Month Ending Resolution No. 147-02
January 31, 2002, upon Approving the Final Plat of
motion received and filed. Davis ,Place II in the City of
Finance Director submitting Dubuque, Iowa. Seconded
the Financial Reports for the by Nicholson. Motion carried
month ending February 28, 6-0.
2002, upon motion received Land and Water
and filed. Conservation Fund Grant
Notice of Claims/Suits: Application for Harvest View
Cindy Frommelt in estimated Estates Park: City Manager
amount of $241.72 for vehicle recommending approval of
damage; Fannie Stout House the submission of a Land and
in estimated amount of $350 Water Conservation Fund
for property damage; Lynn E. Grant Application for Harvest
Lampe in estimated amount View Estates Park, upon
of $862.89 for vehicle dam- motion received and filed. -
age; Marty and Linda Maas in Buol moved adoption of
estimated amount of,, Resolution No. 148-02 on
$3,243.50 for vehicle dam- Acquisition or development
age; Kenneth and Marla for outdoor recreation.
Meyer in estimated amount of Seconded by Nicholson.
$2,460.20 for property dam- Motion carried 6-0.
age; Gus Psihoyos in estimat- Collective Bargaining
ed amount of $597.68 for Agreement with the
vehicle damage; Joan Amalgamated Transit Union:
Reinholt in undetermined City Manager recommending_
amount for personal injury; approval of a one year agree -
Jeanne Schneider in estimat- ment between the City of
ed amount of $1,363.82 for' Dubuque and the
vehicle damage, upon motion Amalgamated Transit Union,
referred to the Legal Staff for Local #329, upon motion
investigation and report. received and filed. Buol
Corporation Counsel advis- moved adoption of
ing that the following claims Resolution No. 149-02
have been referred to Public Approving the agreement
Entity Risk Services of Iowa, between the City of Dubuque,_
the agent for the Iowa Iowa, and the Amalgamated
Communities Assurance _ Transit Union, Local #329 and
Pool: Allied Insurance (for authorizing the Mayor to sign
Marty Maas) for vehicle dam- the agreement. Seconded by
age; Lynn E. Lampe for vehi- Nicholson. Motion carried 6-
cle damage; Marla and 0.
Kenneth Meyer for property Corps of Engineers
damage; Gus 'Psihoyos for Construction Permit: City
vehicle damage; Joan Manager recommending
Reinholt for personal injury; approval to execute a Corps
Jeanne Schneider for vehicle of Engineers construction
damage; James VanVors for._ permit to allow the Peavey
personal injury; and Jennifer Company to construct a river
Ziegler for personal injury, terminal dock facility in the
upon motion received and Peosta Channel, upon motion
filed and concurred. received and filed. Buol
Corporation Counsel recom- moved adoption of
mending denial of the claims Resolution No. 150-02
of Deborah S. DeVenuta for Authorizing execution of the
vehicle damage, Jorja's Corps of Engineers permit for„
Restaurant for property dam- construction of a river termi-
age, and Christine Kuhle for nal dock facility in the Peosta
vehicle damage, upon motion Channel. Seconded by
received and filed and con- Nicholson. Motion carried 6-
curred. 0.
Corporation Counsel recom- Center Grove Storm Sewer
mending settlement of the Reconstruction Project -
claim of Lois Wubben in the Acceptance: City Manager
amount of $88.38 for vehicle recommending acceptance of
damage and directing the the Center Grove Storm
Finance Director to issue the Sewer Reconstruction Project
appropriate payment, upon as completed by Horsfield
motion received and filed and Construction in the final con -
concurred with recommenda- tract amount of $88,664.25,
tion and directed the Finance upon motion received and
Director to issue proper pay- filed. Buol moved adoption
ment. of Resolution No. 151-02
Iowa Department of Accepting improvement and
Transportation : Resolution No. 152-02
Communication from Mark F. Approving final estimate._
Wandro, Director of the Iowa Seconded by Nicholson.
Department of Motion carried 6-0.
Transportation, acknowledg- Jackson Street Relief Storm
ing receipt of Mayor Duggan's Sewer Construction Project -
letter regarding Iowa 32, upon Acceptance: City Manager
motion received and filed. recommending acceptance of
Communication from Donna the Jackson Street Relief
Smith, Chair of the Dubuque Storm Sewer Construction
County Board of Supervisors, Project as completed by
to Mark Wandro, Iowa Portzen Construction in the. -
Department of final contract amount of
Transportation, regarding the $288,472.48, upon motion
future of Iowa 32 (Southwest received and filed. Buol
Arterial), upon motion moved adoption of
received and filed. Resolution No. 153-02
Legislative Correspondence: Accepting improvement and
Communication of City Resolution No. 154-02
Manager Michael C. Van Approving final estimate.
Milligen to area legislators Seconded by Nicholson.
regarding the recent State Motion carried 6-0.
budget proposal which elimi- Northwest Arterial Basin
nates funding for aviation and_ Modifications Project (Phase
the programs that have been I) - Acceptance: City
administered by the Iowa Manager recommending
DOT Office of Aviation and acceptance of the Northwest
the negative impact it would Arterial Basin Modification
have on the City of Dubuque, Project (Phase I), as complet-
upon motion received and ed by Horsfield Construction
filed. in the final contract amount of
Communication of City $175,573.79, upon motion..
Manager Michael C. Van received and filed. Buol
Milligen to area legislators,,, moved . adoption of
urging them to resist any Resolution No. 155-02
efforts to further erode the Accepting improvement and
use of Tax Increment Resolution No. 156-0Z
Financing in the State of Iowa Approving final estimate.
(Senate File 2284), upon Seconded by Nicholson.
motion received and filed. Motion carried 6-0.
Rhodes (Bud) Isenhart, 8908 Economic Development
Quail Ridge Ct., Dubuque, Administration Grant,_
spoke of the specifics of Tax Application: City Manager
Increment Financing and its, recommending approval of a
effect on other taxing entities. pre -application to the
Communication of City Economic Development
Manager Michael C. Van Administration for a $2 million
Milligen to . area legislators grant for acquisition of the
urging them to support a Adams Company • property,
comprehensive property tax upon motion received and
study bill (Senate File 2284), filed. Buol moved adoption of
upon motion received and Resolution No. 157-02-
filed. Authorizing the filing of a pre -
Communication of City application to the Economic
Manager Michael C. Van Development Administration.
Milligen to area legislators Seconded by Nicholson.
requesting their support of an Motion carried 6-0.
appropriation for the Cottingham and Butler
Brownfield Redevelopment Insurance Services, Inc. -
Fund, upon motion received Enterprise Zone Agreement:
and filed. City Manager recommending
Communication of City approval of an Enterprise_
Manager Michael C. Van Zone Agreement between the
Milligen to area legislators_ Iowa Department of
requesting that they not sup- Economic Development, City
port the Construction of Dubuque, and Cottingham
my 1 rayll,y nya,
Bond Registrar and Transfer
Agent Agreement and author-
izing the execution of the
Agreement; Resolution No.
160-02 Authorizing and pro-
viding for the issuance of
$1,000,000 General
Obligation Bonds, Series
20028, and levying a tax to
pay said bonds. Seconded....
by Nicholson. Motion carried
6-0.
Business Licenses: Buol
moved adoption of
Resolution No. 161-02
Granting issuance of a Class
"C" Beer Permit to Arby's Q
Mart and Resolution No. 162-
02 Granting issuance of a
Class "C" Beer/Liquor..
License to Windmills,
Neighbor's Tap, Bunker Hill
Golf Course, Eagles Club
#568, and Dubuque
Greyhound Park. Seconded
by Nicholson. Motion carried
6-0.
BOARDS/COMMISSIONS
Appointments to the follow-
ing Commission: Community...
Development Advisory
Commission: Three vacancies
- Census Tract 2; Census
Tract 5 (term of Dan
Shireman); At -Large (term of
Walter Pregler). Applicants:
Census Tract 5 - Dan
Shireman; At -Large - Walter
Pregler. Upon motion Dan
Shireman and Walter Pregler _
reappointed to three year
terms which will expire 2-15-
05.
PUBLIC HEARINGS
Upon motion the rules were
suspended to allow anyone
present to speak.
Upon motion the following
was removed from the table:
Rezoning Request of Dennis_
and Lori Ansel (Tabled on
2/4/02): Proof of publication
on notice of hearing to con-
sider rezoning property locat-
ed at 2001 Rockdale Road
from R-1 Single Family
Residential District and C-2
Neighborhood Commercial
District to CS Commercial
Service and Wholesale,.
District and Zoning Advisory
Commission recommending
denial of the rezoning and an
Ordinance Amending
Appendix A (the Zoning
Ordinance) of the City of
Dubuque Code of Ordinances
by • reclassifying hereinafter
described property located at
2001 Rockdale Road from R-_
1 Single Family District and
C-1 Neighborhood
Commercial District to CS
Commercial Service and
Wholesale District, presented
and read.
Brenda Sullivan, represent-
ing the Ansel's, spoke in favor
of the rezoning and gave the
history of the building.
John White, 1777 Palm Ct.,
representing Michelle Malone,
spoke objecting to the pro-
posed requesting.
Penny Skinner spoke in sup-
port of the rezoning.
Mrs. Joseph Dolter, 2025
Rockdale, spoke in support of
the rezoning.
Janet White, 2033 Rockdale_
Rd., spoke objecting to the
rezoning to commercial,
stressing a concern about the
devaluation of property.
Nicholson moved that the
proof, communication and
Ordinance be received and
filed and concur with the rec-
ommended denial.
Seconded by Buol. Vote on
the motion was: �
Yeas -
Nicholson, Buol. Nays -
Duggan, Cline, Connors,
Michalski.
Rezoning Request of Greater
Dubuque Development
Corporation/Kirchoff Realty:
Proof of publication on notice
of hearing to consider
amending the PUD Planned`
Unit Development with a PI,
Planned Industrial designa-
tion to allow primary signs to
identify products or services,
and to permit a maximum of
five primary signs per lot or
premises in the Dubuque
Industrial Center as request-
ed by the Greater Dubuque
Development...
Corporation/Kirchoff Family
Realty and Zoning Advisory
Commission recommending
approval, upon motion
received and filed.
Dan McDonald of the
Greater Dubuque
Development Corp. spoke in
support of this request.
Ordinance No. 18-02_
Amending Appendix A (The
Zoning Ordinance) of the City
of Dubuque Code of
Ordinances by repealing
Sections E(4)(C)(1) and
E(4)(C)(2) of Ordinance 69-98
and enacting new Sections
E(4)(C)(1) and E(4)(C)(2) in lieu
thereof pertaining to on -
premise primary signage of,
the PI Planned Industrial
District for Dubuque Industrial
Center, presented and read.
Buol moved that the require-
ment 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..L
and further moved final con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 6-
0.
Text Amendment - City of
to bidders on the receipt of
bids, and City Manager rec-
ommending award of the
Napier Street Storm and
Sanitary Sewer
Reconstruction Project to
Fondell Excavating in the
amount of $97,862.80, upon
motion received and filed.
Cline moved adoption of
Resolution No. 163-02
Adopting plans and specifica-
tions for the project and
Resolution No. 164-02
Awarding contract to Fondell
Excavating. Seconded by
Nicholson. Motion carried 6-
0. _
Burlington Northern Depot
Restoration Project: Proofs of
publication on notice of hear-
ing on plans and specifica-
tions, and notice to bidders
on the receipt of bids, and
City Manager recommending
award of selected construc-
tion contracts and the rejec-
tion of others for the_
Burlington Northern Depot
Restoration Project, upon
motion received and filed.
Jerry Enzler, of the Historical
Society, spoke stating they
have contingency funds set
aside for this project.
Cline moved adoption of
Resolution No. 165-02
Adopting plans and specifica-_
tions for the project;
Resolution No. 166-02
Awarding contracts and
Resolution No. 167-02
Rejecting bids. Seconded by
Nicholson. Motion carried 7-
0.
Upon motion the rules were
reinstated limiting discussion
to the Council.
ACTION ITEMS
Upon motion the following
was removed from the table:
Eagle Point No. 2 - Final Plat
(Tabled at 2/18/02 Meeting):
Communication from the City
Manager requesting that this
item be tabled to the April 1,
2002 City Council meeting;
Zoning Advisory Commission_
recommending approval of
the final plat of Eagle Point
No. 2 Subdivision at the end
of Rhomberg Avenue in the
City of Dubuque and
Dubuque County as request-
ed by the City of Dubuque;
Communication from Brian J.
Kane, representing Clint V.
Johnson, requesting the City _
Council approve Mr.
Johnson's purchase of real
estate owned by the City of
Dubuque that is adjacent to
his property and a Resolution
approving the final plat of
Eagle Point No. 2 in the City
of Dubuque, Iowa, presented
and read. Upon final motion
it was resolved to table this
matter indefinitely.
Arbor Estates - Final Plat:
City Manager recommending
approval of the final plat for
the first phase of Arbor
Estates in the City of
Dubuque, Iowa as submitted
by Kivlahan Farms, L.C., upon
motion received and filed.
Cline moved adoption of_
Resolution No: 168-02
Approving the final plat of
Lots 1 thru 8, inclusive, and
Lot A of Block 1, Block 2,
Block 3, Lots 1 thru 13, inclu-
sive, of Block 4, Lots 1 thru
11, inclusive, of Block 5, Lots
11 and 12 of Block 6, Lots 1
and 2 of Block 7, and Lots A
thru G, inclusive, all of Arbor...
Estates, in the City of
Dubuque, Iowa. Seconded
by Michalski. Motion carried
5-0 with Nicholson temporari-
ly out of the Chambers.
Harvest Business Center -
Final Plat: City Manager rec-
ommending approval of the
final plat of Harvest Business
Center located immediately_
east of Resurrection Church
and which is the commercial
portion of the Harvest View
Estates Subdivision, upon
motion received and filed.
Marty McNamar spoke in
favor of the final plat
approval. Cline moved adop-
tion of Resolution No. 169-02
Approving the final plat of...
Harvest Business Center in
the City of Dubuque, Iowa.
Seconded by Buol. Motion
carried 6-0.
Streetscape and Landscape
Design Guidelines: Historic
Preservation Commission
recommending approval of
the Streetscape and
Landscape Design Guidelines_
for the City's historic districts,
upon motion received and
filed and approved recom-
mendation.
Update of Heritage Trail
Extension Project: City
Manager recommending
approval of the plans for the
Heritage Trail Extension
Project and bidding of the_
project by the Iowa
Department of
Transportation, upon motion
received and filed and
approved recommendation.
Southwest Arterial Building
Permit Moratorium: City
Manager recommending
extension of the Building
Permit Moratorium, which
expired on February 19, 2002,�
for the IA32-Southwest
Arterial Corridor at the U.S.
20/Seippel Road interchange
until April 1, 2003 to allow
continued work on the
Environmental Assessment
Study, upon motion received
of Ordinances by establishing
a twelve month moratorium
on the issuance of permits for
work in the U.S. Highway 20
Corridor, presented and read.
Cline moved that the require
ment 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 con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 6
0.
Amendment to the Code of
Ordinances - Offenses and
Miscellaneous Provisions:
City Manager recommending
the addition of two sections
to the City of Dubuque Code
of Ordinances which would
allow for °a person suffering
from intoxication from sub-
stances other than alcohol to
be held responsible for their
actions as well as add protec-
tions for the general public,
upon motion received and
filed. Ordinance No. 22-02
Amending the City of
Dubuque Code of Ordinances
by adding a new Section 33-
83 Prohibiting Being Under,_
the Influence of a Controlled
Substancein a Public Place
and adding a new Section 33-
84 Prohibiting Sniffing Glue or
other Chemical Substances,
presented and read.
Michalski 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 con-
sideration and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 6-
0.
Amendment to the Code to
Ordinances - Alcoholic
Beverages: City Manager
recommending adoption of
an amendment to the City of
Dubuque Code of Ordinances
to prohibit underage persons
from remaining after 9:00
p.m. in those establishments
where . more than thirty-five
percent of the business con-
ducted on such premises is
the sale or dispensing of
liquor, wine or beer, except
under the conditions of
Subsection 5-7.2(b), upon
motion received and filed.
Ordinance No. 23-02
Amending the City of
Dubuque Code of Ordinances
Section 5-7.2(a) underage
persons prohibited from_
premises where alcoholic
liquor is sold or dispensed,
presented and read. Buol
moved that the requirement
that a proposed Ordinance be
considered and voted on for
passage at two Council
Meetings prior to the meeting
at which it is to be finally
passed be suspended and_
further moved final considera-
tion and passage of the
Ordinance. Seconded by
Nicholson. Motion carried 6-
0.
Vehicle Impoundment
Ordinance: City Manager rec-
ommending modifications to
the existing Vehicle
Impoundment Ordinance to_
provide the authority to
impound vehicles from pri-
vate lots, with the property
owner's consent, and elimi-
nating the twelve month time
limitation for the collection of
unpaid fines, upon motion
received and filed. Ordinance
No. 24-02 Amending the City
of Dubuque Code of
Ordinances Section 32-411
removal and impoundment of
vehicles by permitting the
towing of vehicles on private
property with the property
owner's consent, presented
and read. Buol moved that
the requirement that a pro-
posed Ordinance be consid-
ered and voted on for pas-
sage 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
Michalski. Motion carried 6-
0.
COUNCIL MEMBER _
REPORTS
Michalski reminded citizens
to attend the Long Range
Planning Advisory
Commission's Public Hearing
concerning the Amendment
of Downtown Dubuque Urban
Renewal District on
Wednesday, 3/20/02 at 7:00
P.M. in the Library Auditorium._
ITEMS TO BE SET FOR
PUBLIC HEARING
Carmel Drive - Request to
Vacate: City Manager recom-
mending that a public hearing
be set for April 1, 2002 to
consider a request from the
Sisters of Charity of the
Blessed Virgin Mary that the
City vacate a portion of...
Carmel Drive abutting their
property, upon motion
received and filed. Buol
moved adoption of
Resolution No. 170-02
Approving plat of proposed
vacated portion of Carmel
Drive. Seconded by
Nicholson. Motion carried 6-
0. Ordinance No. 25-02 _
Auditorium and direct the City
Clerk to publish notice in the
manner prescribed by law
and Resolution No. 174-02
Ordering bids. Seconded by
Nicholson. Motion carried 6-
0.
Tanzanite Drive Paving -
Initiate: City Manager recom-
mending initiation of the bid-
ding process for the Tanzanite
Drive Paving Project and set-
ting a public hearing for April
15, 2002,upon motion _
received and filed. Buol
moved adoption of
Resolution ` No. 175-02
Preliminary approval of plans
and specifications;
Resolution No. 176-02 Fixing
date of hearing on plans and
specifications for 4/15/02 at a
meeting to commence at 6:30
P.M. in the Public Library„
Auditorium and direct the City
Clerk to publish notice in the
manner prescribed by law
and Resolution No. 177-02
Ordering bids. Seconded by
Nicholson. Motion carried 6-
0.
At 8:07 P.M. upon motion it
was resolved to go into
Closed Session re: Property
Acquisition - Chapter
21.5(1)(j) 2001 Code of Iowa.
At 8:28 P.M. Council recon-
vened Regular Session stat-
ing that Staff had been given
proper direction.
There being no further busi-
ness, upon motion meeting
adjourned at 8:29 P.M.
/s/ Jeanne F. Schneider CMC
City Clerk
1 t 3/27
STATE OF IOWA
DUBUQUE COU]
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Communications,
newspaper of get
Dubuque and Sta
in said newspaper
Subscribed to bet
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