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1991 March Council ProceedingsRegular Session, DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, March 4, 1991. ' Council Met at 7:30 p.m, Public Library Auditorium. Present: Mayor Brady, Council Members Kluesner, Kileg, Nicholson, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corpo- ration Counsel Barry A. LindahL Absent: Coancil Member Deich. Iavocation was given by Rev. Robert Pleiness, Pastor of Bible Baptist Church. PROCLAMATIONS: Month of March as "Mental Retardation Month" ~eccived by Roy Schmdichel; Month of March as "Women's History Month" received by Sara McAlpin. Presentation of "Certificate of Appreci- ations'' to City Employees Gerald Lange and Steve Neyens. Council Member Pratt moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Ktieg, Nicholson, Pratt, Vc~tberg. Nays---None. Absent--Council Member Dcich. Proof of publication certified to by the Publisher on Notice of Public Hearing to consider a lease between the City of Dubuque and Roberts River Rides, Inc., for water fxontage property located in tho Ice Harbor Urban Renewal District, presented and ~ed. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Canied by the following vote: yeas--Mayor Brady, Council Members Kluesner, Kfieg, Nieholson, Prat, Voetberg. Nays--None. Absent--Council Member Deich. Council Member Khiesner moved to approve the Lease and Memorandum of Lease and authoriz~ Mayor to execute said documents. Seconded by Council Member Pratt. Carried by the following vote: March 4, 1991 81 Yeas--Mayor Brady, Council Members Kluesner, IC-icg, Nicholson, PraR, Voetberg. Nays--None. Absent~oundl Member Dalch. Communication of City Manager ~cornmending to approve vacating of an alley mnnlng easterly from Valley Street in Levi's Addition as requested by John and Mary Miller, presented and read. Council Member Vo~tberg moved that the communi- cation be received and filed. Seconded by Council Member Nicholson. Cazried by the following vote: Yeas Mayor Brady, Council Members Kluesner, Kfieg, Nicholson, Pratt, Voetberg. Nays--None. Absent--Council Member Deich. An Ordinance Vacating aa alley rending easterly from Valley Street to the West Property Line of Lot 2 of Lot 25 in Levi's Addition in the City, presented and read. Council Member Voetberg moved that this be considered the first ~eading of the Ordinance, and 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 adopted be suspended and ftmher moved that a Public Heating be held on the proposed Ordinance on the 18th day of March, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Absent~Couned Member Delch. RESOLUTION NO. 69-91 RESOLUTION DISPOSING OF CITY INTEREST IN A VACATED ALLEY RUNNING EASTERLY FROM VALLEY S'IREET TO THE WEST PROPERTY LINE OF LOT 2 OF LOT 25 IN LEVI'S ADDITION IN THE CITY OF DUBUQUE Whereas, John G. and Mary A. Miller have requested the vacating of an alley running easterly from Valley Street to the west property line of Lot 2 of Let 25 in Levi's Addition in the City of Dubuque; and Wbei~eas, due to previous platting dimen- sion discrepancies, a vacating plat of the alloy cannot properiy be prepared; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the above alley is no longer required for public use, and vacating and sale of said alley as Regular Session, March 4, 1991 shown in red on the attsched exhibit, being a pl~t of Levi's Addition, in the City of Dubuque, Dubuque County, lows should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in a vacated alley running easterly from Valley SUeet to the west prope~y llne of Lot 2 of Let 25 in Levi's Addition in the City of Dubuque, Section 2. That the conveyance of said vacated alley to John O. and Mary A. Miller be contingent upon payment of $1.00, plus publication and filing fees. Se~lon 3. That the City Clerk be and is hereby authorized and directed to cause notice of intent to dispose of said real estate in the manner as p~scfibed by law. Passed, approved and adopted this 4th day of March, 1991. lam~s B, Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Re, solution. Seconded by Council Member Nichoison. Csrfied by the following vote: Yeas--Mayor Brady, Council Members Kluesne~, Krieg, Nichoison, Pratt, Voetberg. Nays--None. Absent---Council Member Deich. Communication of City Manager recommanding vacating of a posen of NoRh Gramlview Avenue between Delhi Street and the alley north of Delhi Street as requested by Klauer Optical Company, presented and read. Council Member Voctberg moved that the commanicati~n be received and £ded. Seccaded by Council Member Nichulson. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Members Kluesner, Krlng, Nicholson, Prat~ Vcctherg. Nays--None. Absent--Council Member Dalch. RESOLUTION NO. 70.91 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF NORTH GRANDVIEW AVENUE FROM DELHI S~,EET TO THE ALLEY NORTH OF DELHI STREET Wbereas, tbere has been presented to the City Council of the City of Dubuque, Iowa, a plat dated Fcbrumy 14, 1991 prepared by IIW Engineers and Surveyors, PC of Dubuqne, Iowa, describing the proposed vacated portion of North Grandview Avenue from Delhi Street to the alley north of Delhi Street; and Whereas, said plat conforms to the laws and statutes porluibing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1. That the plat dated February 14, 1991 prapared by IIW Engineers and Surveyors, PC, relative to the real estate beminabove described be and the same is hereby approved, and the Mayor and C3ty Clerk be and they are hereby authorized and directed to execute said plat for an on behalf of the City of Dubuque, Iowa. Section 2. That thc 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 4th day of March. 1991. Jam~s E Brady Mayor Attest: Mary A. Davis City Clerk Council M~mber Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nichoison. Carried by the following vote: Yeas--Mayor Brady, Council Members Klansner, Kricg, Nicholson, Pratt, Voetberg. Nays--None. Absant--~Council Member Deich. An Ordinance vacating property known as Lot 1-1-1 in Rigi Subdivision, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance, and that the ruqulreraent that a proposed Ordbiancm be c~naldelva] and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Heating be beld on the proposed Oa'diannca on tl~ 18th day of Mareh, 1991 at 7:30 p.m. in the Public Library Audilxnlum and that the City Clerk publish nofic~ in the manner prescribed by law. Seconded by Cotmcll Member Nicholson. Cawind by the following vote: Yeas--Mayor Brady, Council Members Kluesnor, Kfieg, Regular Session, March 4, 1991 83 Nicholson, Pratt, Voatbcrg. Nays--None. Absent--Council Member DeicK RESOLUTION NO. 71-91 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1-1-1 IN RIGI SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, the Klauer Optical Company has requested the vacating of a portion of North. Grand'dew Avenue from Delhi Street to the alley north of Delhi SUcc~; and Whereas, IIW Engineers and Surveyors, PC of Dubuque, Iowa has prepared and sub- mlaed to the City Council a plat showing the vacated portion of North Orandview Avenue and assigned a lot numbe~ thereof, which hereinafter shall be known and described as Lot 1-1-1 in Rigi Subdivision in the City of Dubuque, Iowa; and Wbereas, the City Council of the City of Dubuque, Iowa has detendined that this portion of Noflh Grandview Avenue is no longer required for public use, and vacating and sale of said portion of North Graedview Avenue known as Lot 1-1-1 in Rigi Subdivi- sion in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THFREJ:ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot l-l-1 in Rigi Subdivision in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 1- 1-1 in Rigi Subdivision in the City of Dubuque, Iowa to the Kinuer Optical Company bc contingent upon the payment of $4,200.00 plus publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause notice of intent to dispose of said real estete in thc manner as prescribed by law. Passed, approved and adopted this 4th day of March, 1991. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetbelg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Kluesner, Kfieg, Nichoison, Pratt, Voetberg. Nays--None. Absent--Council Member Delch. Communication of City Manager present- ing a proposal for developn~nt of a business park adjoining the Dubuque Indusuial Center and requesting authorization to proceed with actions in support of the project, presented and ~td. Council Member Pratt moved that the communication be received and liled. Seconded by Council Member Vo~tber§. Canded by the following vote: Ye0s--Mayor Brady, Council Members Kluesner, Kring, Nichulson, PmR, Vc~therg. Nays--None. Absent-Council Member Deich. RESOLUTION NO. 72-91 RESOLUTION OF NECESSITY FINDING THAT TIlE DUBUQUE CORPORATE CENTER IS AN ECONOMIC DEVELOPMENT AREA AND THAT DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESI- DENTS OF THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque believes that the designation of the Dubuque Corporate Center as an economic devalopment/urbdn renewal area will en- hance its attractiveness as a site for new and expanding businesses; and Whereas, the City Council believes that the designation will supplement the City of Dubuque's economic development programs by providing additional development ready sites and financial incentives to business interested in expanding in or relocating to the community; and Whereas, the City Manager has presented an urban renewal plan for the project area, hereto attached as Attachment A, which is preliminary and subject to modifications prior to its adoption; and Wbereas, the Iowa U~an Renewal Law requires that before uxbun renewal powers may be exercised, a City Council must adopt a resolution finding that the area in question is a slum area, a blighted area or an economic devalopment area, and designating such area as appropriate for urban renewal activities; and Whereas, the City of Dubuque is required by the Iowa Urban Renewal Law to provide the Long Range Planning Commission an Ol~ty to review and comment upon the proposed mban renewal plan. Regular Session, March 4, 1991 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That thc following described ~.~, to be mown as ~ "Dubuque Corpora~ Center Economic Developn~nt District", is an economic development aiea as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: Lot 1; Lot 2 of Lot 2; and, Lot 2 of Lot I of Lot 2 A.C. Pfohl Place, City of Dubuque, Dubuque County, Iowa section 2. That the developn~nt of aa/d area is ueuessary in the interest of the public health, safety or welfare of the residents of the City of Dubuque, lows. Section 3. That the Long Range Planning Commission of the City of Dubuque is hereby requcsted to review the proposed urban renewal plan, attached hereto as Attachir~nt A, and to make wriRcn recommendations as to its conformity with the general plan for the development of the City of Dubuque on or before March 13, 1991. P~ssed, approved and adopted this 4th day of March, 1991. Jamcs E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kinesner, Krieg, Nicholson, Pratt, Vcetberg. Nays--None. Absent~unc/1 Member Deich. RESOLUTION NO. 73-91 RESOLUTION SETTING A DATE OF HEARING ON A PROPOSED DUBUQUE CORPORATE CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL PLAN AND DIRECTING PUBLICA- TION OF SAID PUBLIC HEARING Wbercas, the City Council by Resolution No. 72-91 has determined that the "Dubuque Corporate Center Economic Development District" is an economic developn~nt area as defined by the Code of Iowa and is appro- priate for an mban renewal project and that development of sa/d area is necessav] in the interest of the public health, safety, or welfa~ of the residents of the City of Dubuque; and City Council to hold a public hearing on an urban renewal plan for an urban renewal project subsequent to notice thereof by a publication in a newspaper having general ch'cniation within tho City, which notice shall describe thc llrr~, date, plac~ and purpose of the healing, shall generally identify the urban renewal area covered by the urban renewal plan and shah outline the general scope of the urban renewal project under consideration. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a public hearing shell be held on the proposed Dubuque Corporate Center Economic Development District urban renewal plan before the City Council at its meeting which commences at 7:30 o'clock p.m. on March 18, 1991, in the Auditorium, Carnegie Stout Public Library, Dubuque, Iowa. Seellon 2. That the City Clerk is authorized and directed to publish notice of this public hearing in the Telegraph Herald once on a date not less than four or more than twenty days before the date of said public hearing, in substantially the following form: NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED DUBUQUE CORPORATE CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF DUBUQUE, IOWA The City Council of the City of Dubuque, Iowa, will hold a public hearing before itself at its meeting which commences at 7:30 o'clock p.m. on March 18, 1991 in the Public Library Auditorium, Dubuque, Iowa to consider adoption of a proposed Dubuque Corporate Center Economic Development District Urban Renewal Plan (the "Plan") concemiug a proposed urban renewal area in Dubuque, Iowa legally described as follows: Regular Session, Lot 1; Lot 2 of Lot 2; and Lot 2 of Lot 1 of Lot 2 A.C. Pfohl Place in thc City of Dubuque, Dubuque County, Iowa; which land is to be in~hided as part of this proposed urban renewal area. The Plan provides for the development of the Dubuque Corporate Center on approximately fifty (50) acres of land loc,~.~ south of Pennsylvania Avenue and west of the Northwest Arterial. The general scope of the urban renewal acllvifies under consideration in tho Plan is to assist qualified businesses and industries through various peblie purpose activilloa, including but not limited to tho acquisition of property, development or improvement of necessary access roods, provision of public utilities, demolition and site prgpalation, and sale of land for development purposes. To accomplish the oWje, ctives of the plan, and to elloourago the develop- mont of the urban renewal area, the Plan provides that the City also may issue bonds or use available funds for such purposes and that tax increment r~imburserncet of such costs will be sought if and to the extend inourred by tho City. The Plan further provides that the Plan may be amended from time to lime to respond to development oplx~- tunitins. A copy of the Plan is on file for public inspection in the Office of the City Clerk, City HaH, Dubuque, Iowa. The city of Dubuque, Iowa is the local public agency which, ff such plan is approved, shah undertake the urban renewal activities described in such plan. Any person or organization desiring to be heard shall be afforded an oppor- tunity to be heard at such heating. This notice is given by order of thc City Council of Dubuque, Iowa, as provided by Section 403.5 of the Code of Iow% 1989. Dated this 4th day of March, 1991. Mary A~ Davis City Clerk Dubuque, Iowa Passed, approved and adopted this 4th day of March, 1991. March 4, 1991 85 James E. Brady Mayor Attest: Mary A, Davis City Clerk Council Member Pratt moved adoption of the Reaolmion and set it for public heating on March 18, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Vuetherg, Carcied by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Abaent~ouncll Member Dcich. An Ordinance Establishing a Tax Incre- ment Financing District within said Urban Renewal District, presented and read. Counc'd Member Pratt moved that this be considered the first reading of the Ordinance, and that thc requirement that a proposed Ordinance be considered and voted on for passage at two Council me, lings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 18th day of March, 1991 at 7:30 p.m. in the Public Library Auditorium and that th~ City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Voetbe~g. Carried by the following vote: Yea.v--Mayor Brady, Council Members Kinesnor, Krieg, Ninholson, Pratt, Voetberg. Nays--None. Absent--Council M0mbur Deich. Council MEmber Pratt moved to approve aud~rizafitm for an exclusive Negotiation Agreement with Wm. C. Brown Co. Seconded by Courted Member Voetberg. Carried by the following vote: Yea~--Mayor Brady, Council Members Kluesner, Krieg, Nicholmn, Pratt, Voetherg. Nays--None. Ab~ent~Councll Member Deich. RESOLUTION NO. 74-91 RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECO- NOMIC BETYERMENT ACCOUNT APPLICATION ON BEHALF OF WM. C. BROWN COMPANY, PUBLISHERS Whereas, Wm. C, Brown Company, Pub- lisbers, a local cofiege textbook and educational material publisher, is considering tho development of a now coq)orate office park at the southwest coxuer of Pennsylvania Avenue and the Northwest Arterial in Dubuque, Iowa; and Regular Session, March 4, 1991 Whereas, the City Council of Dubuque, Iowa has ~evinwed said project and has determined that the proposed office park will contribute to the local economy through the expansion of fig existing property tax base and the creation of jol~ for area vesidants; and Whereas, tho Community Economic Betterment Account (CEBA) program has been created by the Iowa Department of Econor~c Development to assist in the economic development efforts of local jurisdictions; and Whereas, thc City of Dubuque, Iowa is eligible to apply for funning from the Community Economic Betterment Account program as defined in House File 225, Acts of the 71st Gcnerni Assembly. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIl. OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for palficipafion in the Iowa Community Economic Betterment Account program in behalf of Wm. C. Brown Company, Pabfishers, is approved. Section 2. That the City Manager bo and thc same is hereby authorized to execute and submit said application to the State of Iowa Development Commission and other appropriate agencies together with such documents as may bo ~qnired. Passed, approved and adopted this 4ni day of March, 1991. Jam~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Semonded by Council Member Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays---None. Absent--Council Member Dnich. RESOLUTION NO. 75-91 RESOLUTION ENDORSING THE SUBMISSION OF A REVITALIZE IOWA'S SOUND ECONOMY (RISE) APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTA- TION ON BEHALF OF THE PROPOSED DUBUQUE CORPO- RATE CENTER Whereas, the City of Dubuque believes that the development of a business park is requh'ed to maintain the economic growth of local enterprises and to encourage new firms to relocate to the community; and Whereas, the City has identified a site for the proposed business park and wishes to ~ this site for general office and salecteA commercial development purposes; and Where&s, a~eoss to and within said busi- ness park is limited and would bo g~atiy enhanced by the improvement of Pennsylvania Avonue and thc corisa~ucilon of a new interior road; and Whe~.$s, thc Iowa Department of Trans- portation, through its Revitalize Iowa's Sound Economic (RISE) program, has monies available for the development of public roadways. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the development of the Dubuque Corporate Center is necessary for the continued success of loeai economic development efforts. Section 2. That the City of Dubuque hereby endorses thc improvement of Pennsylvania Avenue and the construction of an interior ~ccess road within the Dubuque Corporate Center and assmes that said roadways will bo dedicated to public use. Section g. That the City of Dubuque assumes responsibility for the ongoing maintenance of the proposed roadway and assures that the roadway will be adequately Section 4. That the Mayor and City Council bo and they are hereby authorized and direcmd to submit a RISE/Immediate Opportunity grant application to the Iowa Department of Transportation on behalf of the proposed Dubuque Corporate Center roadway project. Passed, approved and adopted this 4th day of March, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Regular Session, March 4, 1991 87 Council Member Pratt moved adoption of thc Resolufion. Se~ondad by Council Me.abet Voetberg. Carded by tbe following vote: Yeas--Mayor Brady, Council Members Klu~sner, l~iag, Nicholson, PraU, Voetborg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 76-91 RESOLUTION ENDORSING THE SUBMISSION OF AN APPLICA- . TION TO THE U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRA- TION, IN SUPPORT OF THE DEVELOPMENT OF THE PRO- POSED DUBUQUE CORPORATE CENTER Whereas, the City of Dubuque believes that thc development of a business park is ~eqnimd to maintain the economic growth of local enterprises and to encourage new finns to relocate to the community; and Whereas, the City has identified a site for thc proposed business park and wishes to prepare this property for general office and saleeted commerniai daveloprmnt purposes; and Whereas, tbe cxeation of said business park tuqaires the extension of available public utilities, the improvement of ma existing minor ar~riai roadway, and the construction of inteaior access roads; and Whereas, the U.S. Daparimant of Commerce through thc Economic Develop- ment Admialstmfion (EDA) has grant monies available to assist in the constmcfion of said public improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the devdopn~nt of thc Dubuque Corporate Center is necessary for the continued success of local economic development efforts. Section 2. That the City of Dubuque hereby endorses the improvement of Pennsylvania Avenue, the construction of an inhaler access road within the Dubuqu~ Corporate Cant~, and the extensions of available public utilities into the site, and assu~s that said roadways and improvements will be dedicated to public use. S~tlon 3. That the City of Dubuque assumes responsibility for the ongoing maintenance of the proposed roadway and assams that tbe roadway wili be adequately Section 4. That the City Manager is and he is hereby authorized and directed to submit a grant application to the U.S. Department of Commerce, Economic Devel- opment Administration, on behalf of the proposed Dubuque Corporate Center public improvement project Passed, aplnOVed and adopted this 4th day of March, 1991. James E, Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Memboa' Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Klnesner, Krieg, Nicholson, Pratt, Voetberg. Nays~None. Absent~ouncil Member Dalch. Communication of Freeway Corridor Landscape Committee requesting appmvsi of design of Phase I and requesting further apl~oval to make presentation to Iowa Dapartmant of Transportation, presented and mad. Coundl Member Kluesner moved that the communication bo received and filed and approved the presentation to IDOT. Seconded by Coune'd Member Nicholson. Carried by the foliowiag vote: Yeas--Mayor Bwdy, Council Members Kluesner, Kriag, Nicholson, PmR, Voetborg. Nays--None. Absent--Council Member Deich. Communication of Attorney Stephen Juergeus, on behalf of Dubuque Casino Belle, Inc., requesting Council to authorize the assignment to Dubuque Bank & ~lYust Con,irony by Dubuque Casino Belle, Inc. of its right, title, and interest in and to thc July 2, 1990 Sublease between Dubuque Racing Association, ltd. and Dubuque Casino Belle, Inc., and authorize the Mayor to sign a Consent on behaif of the City of Dubuque, presented and read. Council Member Pratt moved that thu communication be received and filed and approved the Mayor to execute. S~conded by Council Member Kriag. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kriag, Nichoison, Pratt, Voetborg. Nays-None. Ab~ent--Council Member Deich. Regular Session, March 4, 1991 Communication of Daniel C. Adams, on beludf of JD/S Illinois 20 Corridor Associ- ation requesting Council's support to help facilitate the four-lane process with Highway 20 between Freepo~ and Galena, Illinois and further requesting a contribution of $250.00 to offset expenses incurred, presented and reM. Council Member Voetberg moved that the communication be received and filed and contribution of $250 approved. Seconded by Council Member Nichoison. Carried by the following vote: Yeas--Mayor Brady, Coun- cil Members Kluesner, Kriag, Nichoison Pratt, Voetberg. Nays---None. Absent-- Council Member Belch. RESOLUTION NO. 7%91 A RESOLUTION IN SUPPORT OF FOUR LANE LINK BETWEEN GALENA AND FREEPORT, ILLINOIS Whereas, the City Council of the City of Dubuque, Iowa, after due consideration, is of the opinion that the growth and development of Northeast Iowa is of great importance to all of the citizens of the City of Dubuque; and Whereas, in order to facilitate continued growth and development, the transportation system of the Northwest corner of the State of Illinois must be improved to encourage and continue the development of the tourist indust~, as weal as supper the conm~rcial and industrial growth; and Whereas, there currently does not exist any four lane, omt-west highway between the cities of Galena and Freeport, Illinois; and Whereas, the development of such a four lane corridor link, through Jo Davless and Stevenson Counties, would ptomot~ and .facilitate beth tourism and industrial growth ~n said region, and indeed, in the entire Northwest comer of the State of Rlinois and the Nordieastem comer of the State of Iowa. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is hereby requested that thc State of ILlinois conduct feasibility and land acquisition studies for a four lane corridor link between Galena and Freeport, Illinois. Section 2. That the City Council of the City of Dubuque, Iowa, docs hereby support and request the continuance of the efforts of acquisition studies for the development of a four lane highway between Freeport and Stockton...~f the overall _Galena link. Section 3. That the City Clerk is hereby directed to transmit copies of this Resolution to the Honorable James Edgar, Governor of the State of Illinois; Kirk Brown, Director of the Illinois Department of Transportation; Sta~ Senator Harinn Rigney; State Rapre- sentutive Michael Roteello; State Rapre- sentative Richard Mulcahey; Honorable Terry Branstad, Governor of die State of Iowa; and Darml Rensink, Director of die Iowa Department of Transportation. Passed, approved and adopted this 4th day of March, 1991. Jar~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetbevg moved adoption of the Resolution. Seconded by Council Member Nichoison. Candied by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nichoison, Pratt, Vcetberg. Nays--None. Absent--Council Member Deich. Communication of City Manager recommending loan consolidation agreement with Dubuque ln-Futuro, Inc., presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Nichols, on. Carried by die following vote: Yeas--Mayor Brady, Council Members Ktuesner, Kfiag, Nichol~on, Pratt, Voctherg. Nays--None. Absent-.Council Member Deinh. RESOLUTION NO. 78-91 RESOLUTION AUTHORIZING ACCEPTANCE OF A LOAN CONSOLIDATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE IN-FUTURO, INC. Wbereas, the City of Dubuque, Iowa and Dubuque In-Futuro, Inc. have entered into a Memorandum of Agreement dated August 17, 1981, and have therein provided for the assignment to Dubuque In-Futuro, Inc. of Regular Session, March 4, 1991 responsibility for the continuing developrmnt and managen~nt of the Dubuque Industrial Center. and Whereas, the City of Dubuque, Iowa and Dubuque In-Fattu~, Inc. have entered into eertaln loan ngre~rcents dated Novemb~ 5, 1984; April 4, 1988; and Februmy 21, 1989, which agr~ments provided Dubuque In- Futero, Inc. with funds to cany out its responsibilities for Dubuque Industrial Center;, and Wbe~as, said loan agreements provide for yawing terms of ~paymant including both interest and no-interest charges and repay- ment based on percentage of land suies or unobligated revenues ~ on a monthly payment schedule; and Whereas, the outstanding balance of said loims inciadhig accrued interest on the November 5, 1984 loan, is in die amount of $455,164.00; and Whereas, the parties agree that it wonid be in their mutual best interest to consolidate the terms of repayrr~nt of said loans in accordance with the attached Loan Consolidation Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~inn 1. That th~ City Council of the City of Dubuque, Iowa hereby finds and datea~mines that a public interest is to be served by entering into the attached Loan Consolidation Agreement with Dubuque In- Future, Inc. Section 2. That the Mayor and City Clerk be and that they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon die Loan Consolidation Agreement hereto attached. Passed, approved and adopted this 4th day of March, 1991. Jamos E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kiuesner, Krieg, Nichoison, Pratt, Voctberg. Nays--None. Absent--Council Member Dcich. Communication of City Manager recom- mending Council approval of Fiscal Year '90-'91 contract for services between City of Dubuque and Cneate~ Dubuque Development Colponthon, presented and read. Council Member Pratt moved that the communication be received and fried and contract approved. Seconded by Council Member Nicholson. Canied by the following vote: Yeas--Mayor Brady, Council Members Klnesner, Kfieg, Nieholson, Pratt, Voetherg. Nays--None. Absent--Council Member Deieh. Ryan Construction Company, Inc., questing City Council approval of a transfer of ownership of the Trilag, Inc. property, presented and read. Council Member Kinesner moved that the petition be received and filed. Seconded by Council Member Voetberg. Can'ied by the following vote: Yeas--Mayor Brady, Council Members Kiuesner, Krieg, Nicholson, Pratt, Vc~therg. Nays None. Absent~ouncil Member Ddich. RESOLUTION NO. 79-91 RESOLUTION AUTHORIZING THE DELIVERY OF A CERTIFICATE OF COMPLETION WITH RESPECT TO CONSTRUCTION OF IMPROVE- MENTS OF REAL PROPERTY LEGALLY DESCRIBED AS BLOCK 12 AND LOT 1, BLOCK 12A "DUBUQUE DOWNTOWN PLACE" IN THE CITY OF DUBUQUE, IOWA Whereas, Ryan Construction Company of Minnesota, Inc. has advised the City Council of the City of Dubuque, Iowa that it wishes to transfer die above mentioned real estate to Ryan Properties, Inc. and that Ryan Proper- ties, Inc. will then transfer said property to Manchester Center Associates; and Whereas, Ryan Construction Company of Minne~otu, Inc. has offered to provide appropriate assurance of final completion of certain itums which are presently unfinished and is willing to provide necessary documen- tation to ensure that the property described above will remain as a single parcel and will not be subdivided without the consent of die City of Dubuque; and Whereas, such assurances and arrangements are smisfactoty to the City of Dubuque, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: 9O Regular Session, March 4, 1991 Section 1. That the Mayor of the City of Dubuque along with the City Clerk are here- by authorized to execute a Cer~ficate of Completion in the feats a~ached bumto whereby an escrow account is established to asstge final completion of punch list items relative to the improverr~nts agreed to with respect to the above listed real estate. Section 2. That the authorization ~eferred to in Section 1 of this Resolution is subject to tho execution by Ryan Construction Company of Minnesota, Inc. of a Declaration of Rcsuiclivc Covenant and Restriction in the form attached bolero wbozein it is covenanted that the property referred to above will not bo subdivided without the written consent of the City of Dubuque and further subject to the recording of such Declaration of Restrictive Covenant and Restriction in thc Office of the Dubuque County Recorder prior to any txansfer of title to the property by Ryan Construction Company of Minnesota, Inc. Passed, approved and adopted this 4th day of March, 1991. Jarc~s E. Brady Mayor Attest: Mazy A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Conned Membur Voetborg. Carried by the following vote: Yeaz~Mayor Brady, Council Members Kluesner, Kring, Nicholson, Pratt, Voetborg. Nays--None. Absent--Conncil Member Dcich. Communication of City Manager ~equest- ing approval of an ordinance which relates to the mooting of boathouses and floats along the waterfront of the City, presented and read. Council Member Voetborg moved that the communication be l~ceived ami filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesncr, Kring, Nicholson, Pratt, Voetberg. Nays--None. Absent---Council Member Deich. An Ordinance Amending the Cede of Ordinances by adopting in lieu thereof a new Section 10-27, relating to thc mooring of boathouses and floars along thc waterfi, ont of thc City, and prohibiting such boathouses or floats in thc Ice Hagoor and requiting their removal from the Ice Harbor by March 31, 1991, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 19-91 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 10-27, RELATING TO THE MOORING OF BOATHOUSES AND FLOATS ALONG THE WATERFRONT OF TIlE CITY AND ADOPTING 1N LIEU THEREOF A NEW SECTION 10-27, RELATING 'FO THE MOORING OF BOAT- HOUSES AND FLOATS ALONG THE WATERFRONT OF THE CITY, AND PROHIBITING SUCH BOAT- H~)USES OR FLOATS 1N THE ICE HARBOR, AND REQUIRING THEIR REMOVAL FROM THE ICE HARBOR BY MARCH 31, 1991 NOW THERFA~ORE, BE IT ORDAINED BY Tile CITY COUNCIL OF THE CI2Y OF DUBUQUE, IOWA: Section 1. Section 10-27 of the City of Dubuque Code of Ordinances is hereby Section 2. The following new Section 10- 27 is hereby adopted: "see. 10-27. Mooting of boathouses and floats along the waterfront of the city. Ca) After January 1, 1991, no new boat- houses or floats shall be moored along the waterfront of the city, nor shall any such boathouses or floats be relocated to the waterfront, without the written pennisalon of the City Manager. (b) Boathouses and floats that were located along the waterfront of the city on January 1, 1991, except those boathouses and floats in the Ice Harbor, shall bu permitted to remain, but only such general maintenance and repairs shall bo permitted thereto as to keep the boathouses and floats in the condition as set forth in Section 10-28. (c) Transfer of ownership of boathouses and floats owned and located along the waterfront shall be prohibited. (d) Tbo mooing of boathouses and floats along the waterfront of the city in the Ice Haeoor without the written permission of the City manager is prohibited, and any boat- houses or floats so moored shall be removed by March 31, 1991." Section 3. This ordinance shall take effect upon publication. Regular Session, March 4, 1991 91 pazsed, approved and adopted this 4th day of March, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald this 8th daY0f March, 1991. Mary A. Davis City Clerk It 3/~ Council Member Voetberg moved that this be considered the first wading of the Ordinance, and that the reqnlren~nt that a proposed Ordinance bo considered and voled on for passage at two Coundl meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Carried by tho following vote: Yeas--Mayor Brady, Coun- cil Members Kluesnor, Kfieg, Nicholson, Pratt, Voetberg. Nays---None. Absent-- Council Member Deice Communication of City Manager submit- ting stop sign changes ordinances associated with upcoming changes in downtown traffic flow associated with the permanent closure of Main Street for the Locust Street con- hector and the opening of the 3rd Street overpass~ presented and read. Council Member Pratt moved that the eommuhieafion bo received and filed. Seconded by CounCti Member Krieg. Carried by the following vote: Yeas--Council Memhaca Kluesnor, Kring, Pratt, Voetburg. Nays--Mayor Brady, Council Member Nichol~on. Absent-- Council Member Deich. An Ordinance Amending Code of Onli- nanees by modifying subsection Cb) of Section 32-214 thereof providing for the addition of stop signs on Jones Street and First Stseet at Main Street and Main Street at Third Street, presented and ~ad. Coundfl Member Voetborg moved that this bo con- sideaed the first reading of the Ordinance, and that the reqdiren~nt that a propomA Ordinance bo considered and voted on for passage at two Council meetings pfic~ to the meeting at which it is to be finally adopted be suspended and further moved final adop- tion of the Ordinance. Seconded by Council Member Nicholson. Vote on the motion was az foflows: Y~ouncil Members Krieg, Pratt, Voetberg. Nays--Mayor Brady, Cotmnll Members Kluesner, Nicholson. Absent~oundl Member DciCh. Motion failed. Council Member Kluesner moved that the Orthnanc~ be modified to have traffic lights at Jones & Main Sts. and east and west and Third & Main. Se, eonded by Council Member Nicholaon. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Klucmer, Nicholson. Nays-- Council Memburs Ktieg, Pratt, Voetburg. Absent--Council Membo~ Deich. Motion failed. Council Member Pratt moved that this be considered the first reading of the Ordinance. Seconded by Council Member Krieg. Carried by the following vote: Yeas---Council Members Kluesner, Kriag, Pratt, Voetbe~g. Nays--Mayor Brady, Council Member Nicholson. Absent--Council Member Deich. An Ordinance Amending Cede of Ordi- nances by deleting a portion of Main Street as a through street in subsection Cb) of Section 32-213, presented and read. Council Member Pratt moved that this bo conalde~d the frrst reading of the Ordinance. Seconded by Council Member Kring. Carried by the following vote: Yeas--Council Members Khiesne~, Krieg, Pratt, Voetberg. Nays--- Mayor Brady, Council Member Nichoison. Absent--Coundl Member Deich. Council Member Kluesner moved approval of the City CounCil travel to National League of Cities' meeting in Washington, D.C. Seconded by CounCil Member Nichol~on. Carried by the following vote: Yem--Mayor Brady, Council Members Kluesner, Kdeg, Nicholson, Prait, Voetborg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 80-91 Whereas, applications for Beer Permits have boron submitted and filed to this Council for approval and thc same have been exam- ined aed approved; and Wbore.~s, the premises to be occupied by such applicants we~ 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. 92 Regular Session, March 4, 1991 CLASS "B" BEER PERMIT Common Stock Trust of Ellis I. Levitt & Central Management Co~. Long John Silver's #10, Sunday Sales, 1500 LF.K. Rigel Corporation, Godfather's Pizza, Sunday Sales, 1575 J.F.K. I~. Jo's Inc., Shakey's Pizza & Buffet, Sunday Sales, 1895 J.F.K. CLASS "C" BEER PERMIT Molo Oil Company, Big 10 Mart, Sunday Sales, 2100 J.F.E. Brian's, Inc., Brian's Inc., Sunday Sales, 3305 Asbury CLASS "BE" BEER PERMIT Nash Finch Company, Econofoods #471, Sunday Sales, 3355 J.F.K. Circle Passed, approved and adopted this 4th day of March, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Kluesner moved adop- tion of the Resolution. Seconded by Council Member Kriag. Canied by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Eaieg, Nioholson, Pratt, Voetherg. Nays--None. Absent---Coundl Member Deieh. RESOLUTION NO. 81-91 Where0s, applications for Liquor Licenses have been submlitod 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 Law and all City Ordinances ~elevant thereto and they have filed proper bonds. NOW, THEREFORE, BE 1T RESOLVED BY Tilt CITY COUNCIL OF THE CITY OF DOBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Cue Master, Ltd., Cue Master, Ltd., Sunday Sales, 900 Centmi Ave. Passed, approved and adopted this 4th day of March, 1991. James E Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Kriag. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Pratt, Voetherg. Nays-None. Al~ent.--Couneil Member Deich. Dave Rusk, Chairperson of Tri-State Community 2000 Steering Committee sub- mitring an update on VISION 2000. Council Member Nicholson moved that the eom- ments and report be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kring, Nicholson, Pratt, Voetherg. Nays--None. Absent--Council Member Deich. MINUTES SUBMITI'E~able TV Regulatory Commission of 2-13; Five Flags Commission of 1-21; Historic Preservation Commission of 2-18; lluman Rights Com- mission of 1-14; Long Range Planning Commission of 1-23, 2-1, 2-14 & 2-20; Plumbing Board of 2-19, presented and read. Council Member Krleg moved that the minutes be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Coun- cil Members Kluesner, Kfieg, Nicholson, Pratt, Veetberg. Nays--None. Absent-- Council Member Deich. NOTICES OF CLAIMS/SUITS~Diane Coakley in amount of $130.00 towing charges; Randy DeMoss in amount of $300,00 for vehicle damages; Richard Hamel, in unknown amoum for improper rezoning and mquesfiag the Courts to issue a Writ of Mandamus compelling the City Attorney to initiate eminent domain proceedings on said property; Auorney James Roth on behalf of Robert Lottman in unknown amount for backed up sewer damages; Alfred Montgomery in amount of $225.00 for property damages; Mark Morgan in amount of $494.49 for vehicle damages; Attorney Joseph Bitter on behalf of Elaine Oswald in total amount of $20,000, for Regular Session, March 4, 1991 93 discomforts; Charles Relsen, in unknown amount, for property damages; Wi~toek Services vs. Dubuque Regional Airport in the amount of $323.27 for servicea provided, presented and ~ad, Council Member gaing moved that the claims and suits be referred to the Legal Staff for invesilgadon and report Secooded by Council Member Voetberg. Carried by the following vote: yeas---Mayor Brady, Council Members Kluesner, Kring, Nioholson, Pratt, Voetherg. Nays--None. Absent--until Membe£ Deioh. Communication of Corporation Counsel recommending ~etflement of property damage claim of Jatr~s Bauefly in the amount of $180.00, presented and read. Council Member Kriag moved that the communication be received and filed and claim be approved with Finance Direct~ to issue proper check. Seconded by Council Member Vcetberg. Carded by the following vote: Yeas--Mayor Brady, Council Members Klnesner, Kriag, Nicholson, Pratt, Voetberg. Nays None. Absent~oundl Member Deloh. Communication of Corporation Counsel recommending olosure/denial of property damage claim of Mary Goffinet and Sewer beekup claim of Frank G. Miller, presetded and read. Council Member Kriag moved that tho eommanication be received and filed and approved recomwendations. Seconded by Council Member Vontbe~g. Carded by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Pratt, Vcetherg. Nays--None. Absent--Council Member Deioh. Communications of Corporation Counsel advising of referral of following claims to Alexsis, Inc., the agent for the Iowa Commu- nity Assurance Pool: Car damage claim of Jniin Arthofer. Personal injury claim of Kenneth Cashman; Building damage claimof Goliath, Inc.; Personal injury claim of Kelly Clancy; Car damage claim of Mamice Lampe; False arrest claim of Micheel Metealf; Car damage claim of Wendy lo Pear; Car damage claim of Ruth Patterson; Personal injury claim of Donna Sebineter, Car damage elnim of Ray Snub, presented and read. Council Member Krieg moved that the communications be received and filed. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Klueaner. Kriag, Nicholson. Pratt, Voethexg. Nays--None. Abvant~ouncil Member Dbich, Communication of Margaret Walton peri- tioning the reconsideration of ICAP denial of personal injmy claim, presented and read. Council Member Kriag moved that the com- munication be refereed to Legal Staff. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kring, Nicholson, Pratt, V~etberg. Nays--None. Absent---Council Member Deicb. Communication of City Manager submit- ling Financial Raport for month of January, 1991, presented and mad. Council Member Kfing moved that the communication be receivod and filed. Seconded by Council Member Voetberg. Carded by the following vote: Yea&Mayor Brady, Council Members Kluesner, gaing, Nicholson, Pratt, Vcetberg. Nays--None. Absent--Council Member Deich. Communication of City Manager recom- mending acceptance of Court Officer Deed for property which actually comprises a pordon of the right-of-way of W. 32nd Street, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kinesner, Krieg, Nieholson, Pratt, V~etherg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 82-91 RESOLUTION ACCEPTING A DEED FROM JAMES H, RICHARD, EXECUTOR OF THE ESTATE OF MARIE E. RICHARD FROM LOT 1 OF 2 OF 1 OF 1 OF MINERAL LOT 360 IN THE CITY OF DUBUQUE Whereas, lames H. Richard, executor of the estate of Made E. Richard has requested the deeding of Lot 1 of 2 of I of I of Mineral Lot 360 to the City of Dubuque; and Whereas, said property comprises a portion of the public right-of-way of 32nd Street; and Whereas, it is in the heat interest of beth panics that said property he under the ownerabip of the City of Dubuque as right- of-way for West 32nd Street; and Whereas, James H. Richard, Executor, has delivered a deed for said property to the City of Dubuque. NOW THERFhnORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DDBUQUE, IOWA: 94 Regular Session, March 4, 1991 Section 1. That City Council of the City of Dubuque, Iowa, hereby ~cepts the deed for Lot 1 of 2 of 1 of 1 of Mineral Lot 360 in the City of Dubuque, by James H. Richard, executer of the estate of Marie E. Richard. Section 2. That City Clerk is hereby authorized and directed to record thc deed in thc office of the Dubuque County Recorder, together with a certified copy of this Resolution. Pa~sed, approved and adopted this 4th day of March, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher IG-ieg moved adoption of the Resolution. Seconded by Council Member Voetherg. Carried by the following vote: Ye0s--Mayor Brady, Council Members Kluosner, Kfieg, Nicholson, Pratt, Voetherg. Nays--None. Absent--Council Member Deich. Communication of City Manager recom- mending accepting of Pa~king Ramp #3 project, presented and read. Council Memher Krieg moved that the communication be received and filed. Seconded by Council Member Voetherg. Cancled by the following vote: Yeas--Mayor Bredy, Council Members Kluesner, Kfieg, Nichoison, Pratt, Voetherg. Nays--None. Absent--Conned Member Deich. RESOLUTION NO. 83-91 ACCEPTING IMPROVEMENT Whereas, the contract for the Parking Ramp #3 has been completed and the City Manager has examined the work and filed his certificate stating that thc same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE 1T RESOLVED BY THE CITy COUNCIL OF THE CITY OF DUBUQUE, 1OWA: Section 1. That the recommendation of the City Manager he approved and that said improvement he and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer he and he is hereby directed to pay to the conl~actor from the Parking Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Pa~sed, approved and adopted this 4th day of March, 1991. James E, Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Krieg moved ~dopfion of the Resolution. Seconded by Council Member Voetherg. Carried by the following vote: ,Yeas--Mayor Brady, Council Members Kluesner, Kfieg, Nichoison, Pratt, Voetherg. Nays~None. Absent--Council Member Deich. RESOLUTION NO. 84-91 FINAL ESTIMATE Whereas, the contract for the Parking Ramp #3 has been completed and the City Engineer has submitted his tlnal 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 he $2,819,155.00 and the said amount shall he paid from the parking construction fund of the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of Mm'ch, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Memher Voetherg. Canied by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nichoison, Pratt, Voetherg. Nays--None. Absent--Council Member Ddich. Communication of City Manager recom- mending awarding the concession agreement at the Flora Park Swimming Pool to Paul Rooney and requesting authorization to execute said agreement, presented and read. Council Member Krieg moved that the eom- Regular Session, March 4, 1991 95 muaication b~ received and filed and Agreement approved with Manager to execute. Seconded by Council Momher Voetherg. Canled by the following vote: yeas--Mayor Brady, Council Memhers Klecsner, Kfieg, Nicholson, Pratt, Voetherg. Nays--None. Absent~Cunndl Member Deich. Meeting adjourned at 9:37 p.m. Mary A. Davis City Clerk 1991. Communication of City Manager recom- mending to enter into an operating agreement with Golf Professional George. Stephenson fo~ the Bunker Hill Golf Course for the l~iod of March 1, 1991 through February 28, 1992 and requesting anthod- zation to execute read. Council Member Krieg communication he received and filed Agrearr~nt approved with Manager to cute. Seconded by Couec'fl Member Voetherg. Carried by the following vote: yeas--Mayor Bredy, Council Members Kluesner, Kfieg, Nicholson, Pratt, Voetherg. Nays--None. Absent--Council Deich. Communication of City Manager recom- mending approval of contract between Five Flags Center and The Dubuque Arts Council and w. questing Mayor he anthodzed to exo- cute contract, presented and read. Council Mcmber Krieg moved that thc communica- tion be received and filed and approved contract with Mayor to execute. Seconded by Council Member V~thexg. Carried by the following vote: Ye~--Mayor Brady, Coun- cil Members Kluesner, Kfleg, Nichulson, Pratt, V~therg. Nays---None. Absent-- Council Member Deich. There being no further business, Council Member Voetherg moved to adjourn the meeting. Seconded by Council Memher Nichoison. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, gxieg, Nichoison, Pratt, Voet~g. Nays--None. Absent~ouncil Member Deich. Attest: Council Members 96 Regular Session, March 18, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, March 18, 1991. Council Met at 7:30 o'clock p.w. in the Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Kinesner, Krieg, Nieholson, Pratt, Voetberg, Assistant City Manager Stephani Johnson, Corporation Counsel Bar~ A. Lindabl. Absent: City Manager W. Kenneth Ge~hart. Mayor Brady read the call and stated that this is die Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may properiy come before the Council. Invocation was given by Rev. David Stockciand, Pastor of Dubuque Community Church. PROCLAMATIONS: Week of March 18- 25 as "Make a Wish Week"; Week of April 1-7 as "Community Development Week". Council Member Kinesner moved to sus- pend the vales to allow anyone present to address the Council tf they so desire. Seconded by Council Member Pratt. Carried by die following vote: Yeas Mayor Brady, Council Memha~s Dcich, Kluesner, Kfieg, Nicbolson, Prat~, Voethorg. Nays None. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider vacating an alley vanding easterly from Valley Sweet to the W.P.L. of Lot 2 of Lot 25 in Levi's Addition and disposing of said property to John G. and Mary A. Miller contingent upon payment of $1.00 plus publication and filing fees, presented and read. There were no written objections received and no omi objectors present at die time of the Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Pratt Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Nicholson, Pratt, Voetberg. Nays--None. An Ordinance Vacating an alley running easterly from Valley Street to die West Property Line of Lot 2 of Lot 25 in Levi's Addition in the City of Dubuque, Iowa, said Ordinance having been presented and read at the Council meeting of March 4th, presented for final action. (OFIqCIAI, PUBLICATION) ORDINANCE NO. 20-91 ORDINANCE VACATING AN A~LEY RUNNING EASTERLY FROM VALLEY STREET TO THE WEST PROPERTY LINE OF LOT 2 OF LOT 25 IN LEVI'S ADDITION IN TflE CITY OF DUBUQUE, IOWA Whereas, John G. and Mary A. Miller have requested rite vacating of an alley running easterly from Valley Stceet to the west property llne of Lot 2 of Lot 25 in Levi's Addition in the City of Dubuque; and Whereas, due to previous plahing dimension discrepancies, a vacating plat of the above alley cannot properly be prepared; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the above alley is no longer required for public use, and vacating of said alley, as shown in red on the attached exhibit, being a plat of Levi's Addition, in the City of Dubuque. Iowa, should be approved. NOW TtIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as an alley running easterly from Valley Street to the west property line of Lot 2 of Lot 25 in Levi's Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 18th day of Man:h, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald this 22nd day of March, 1991. Mmy A. Davis City Clerk It 3/22 Regular Session, March 18, 1991 97 Council Membe~ Khiesuer moved final adoption of the Ordinance. Seconded by Council Member Pratt, Can*led by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, ICqeg, Nichol~on, Prat~, Voetharg. Nays--None. RESOLUTION NO. 85-91 Whereas, pttrsuant to re~olution and published notie~ of time and plac~ of henging, published in the Telegraph Herald, a newspaper of general circaladon published in the City of Dubuque, Iowa on the 8th day of March, 1991, the City Council of the City of Dubuque, Iowa met on the 18th day of March, 1991, at 7:30 p.w. in die Public Library Auditorium, llth and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: A vacated alley nmning easterly from Valley Street to the west property line of LOt 2 of Lot 25 in Levi's Addition in the City of Dubuque, Iowa to John G. and Mary A. Miller, Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral ~r wriRan, to the prop<~ni to dispose of interest of the City of Dubuque, Iowa in the hardinabove dcseribed real estate to John G. and Mary A. Miller. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of thc interest of the City of Dubuque, Dubuque County, Iowa in mai property described as a vacated alley running easterly from Valley Street to the west property line of Lot 2 of Lot 25 in Le'd's Addition in the City of Dubuque, Iowa to Iohn G. and Mary A. Miller, be and tho aame is hereby approved for the sum of $1.00 plus publication and filing fees; conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above named grantee upon receipt of the purchaze price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a eealified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Treasurer. Pessed, approved and adopted this 18di day of Mar~h, 1991. James E. Brady Mayor Attest: Mazy A. Davis City Clerk Counc'fl Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Prat[ Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicbolson, Pratt, Voetberg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Public IIeafing to consider an Ordinance vacating a portion of NoCdi Crrandview Avenue from Delhi Street to the alley North of Delhi Street and disposing of said property to Klauer Optical Corr~pany for sum of $4,200.00, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Voetharg moved that the proof of publication be received and filed. Seconded by Council Member Nicholson. Carried by die following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesner, Krieg, Nieholson, Pratt, Voetharg. Nays~None. An Ordinance Vacating a portion of North Grandview Avenue from Delhi Street to the Alley Nc~di of Dcihi Street, said property to be known as Lot 1-1-1 in Rigl Subdivision, said Ordinance having been presented and read at the Council m~eting of M~ch 4th, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 21-91 ORDINANCE VACATING A POR- TION OF NORTH GRANDVIEW AVENUE FROM DELHI STREET TO THE ALLEY NORTH OF DELHI STREET Whereas, the Klaner Optical Company has requested the vacating of a portion of Grandview Avenue from Delhi S~eet to the alley north of Delhi Street; and Whereas, IIW Engineers and Surveyors, PC, Dubuque, Iowa, has p~opared and sub- mired to the City Council a plat showing the vacated pc~on of North Grandview Avenue and assigned a lot number thou-eof, which hereinafter shall ha known and described as Lot 1-1-1 in Rigi Subdivision in tha City of Dubuque, Dubuque County, Iowa; and 98 Regular Session, March 18, 1991 Where.~, the City Coundl of the City of Dubuque, Iowa has determined that this portion of North Grandview Avenue is no longer requited for public use, and vacating of said ix~ion of North Orandview Avenue known as Lot 1-1-1 in Rigi Subdivision in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rend estate described as Lot 1-1-1 in Rigi Subdivision in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 18th day of March, 1991. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph HeraM newspaper the 220d day of March, 1991. Mary A. Davis City Clerk It 3/22 Council Member Voetherg moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Carded by the following vote: Yeas--Mayor Brady. Council Members De, ich. Kluesner, Krieg, Nicholson, Pratt, Voetberg, Nays--None. RESOLUTION NO. g6-91 Whereas, pursuant to resolution and published notice of time and place of heating, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 8th day of Match, 1991, the City Council of the City of Dubuque, Iowa met on the 18th day of March, 1991, at 7:30 p.re~ in the Public Library Auditorium, llth and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1-1-1 in Rigi Subdivision in the City of Dubuque, Iowa to the Klauer Optical Company; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or vaitten, to the proposal to dispose of interest of the City of Dubuque, Iowa in the herulnahove described real estate to the Klauer Optical Company. NOW THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot 1-1-1 in Rigi Subdivision in the City of Dubuque, Iowa to the Klauer Optical Company, be and the same is hereby approved for the sum of $4,200.00, plus publication and filing fees; conveyance shall be by Quit Claim Deed. Section 2. That the Mayor he authorized and directed to execute a Quit Claim Deed, and ~the City Clerk be and is hereby authorized and d/rected to deliver said deed of conveyance to tho above named grantee upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Treasurer. Passed, approved and adopted this 18th day of March, 1991. Iamus E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voctberg moved adoption of the Resolution. Seconded by Council Mambur Nichotson. Carried by the following vote: Yeas--Mayor Brady, Coundl Members Dcich, Yduesner, Krieg, Nicholson, Pratt, Voethcrg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider approval of a property Dubuque Corporate Center Economic Development District Urban Renewal Plan for a proposed Urban Renewal Area in the City of Dubuque, Iowa, Communication of Long Range Planning Commission advising of their approval of the proposed Urban Renewal Plan for the Dubuque C~te Center; Communication from Dubuque In- Futaro, Inc., requesting the loaner $250,000 to be used for the purchase of LETNA property at Southeast comer of Penmylvahia Avenue and Radford Road, presented and read. Council Member Kluesner moved that the proof of publication and communications be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas Mayor Brady, Council Members Dnich, Kluesner, Kring, Nicholson, Pratt, Voctherg. Nays--None. Regular Session, March 18, 1991 99 RESOLUTION NO. 8%91 RESOLUTION APPROVING THE LOAN OF $Z50,000 OF ECONOMIC DEVELOPMENT FUNDS TO DUBUQUE IN-FU'IURO, INC., FOR COSTS RELATED TO THE ACQUI- SITION OF PROPERTY FOR DUBUQUE CORPORATE CENTER Whereas, Dubuque In-Future, Inc., has requested City Council approval of a loan o~ $250,000 to he used to purchase property to be developed jointly with the City of Dubuque as part of the proposed Dubuque Corporate Center Planned Business Park Whereas, the City Council has deC, mined that the development of the Dubuque Corporate Center project is necessary and appropriate in the public interest; and Whereas, the City of Dubuque and Dubuque In-Future, Inc., have enjoyed a successful woddng relationship on previous projects such as the Dubuque Industrial Center which have benefitted the public; and Whereas, the City has budgeted funds for economic development projects such as the proposed Dubuque Corporate Center project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council does hereby determine that the provisien of financial assistance to Dubuque In-Futoro, Inc., for acquisition of land to he incorpo- rated in the Dubuque Corporate Center project is necessary and is in the hast interest of the citizens of the City of Dubuque. Section 2. That tho City Manager is hereby authorized and dimated to prepare the necessary documentation for a loan of $250,0~0 of economic development activity funds to Dubuque In-Future, Inc, for costs related to the acquisition of property for the Dubuque Corporate Center project. Passed, approved and adopted this 18th day of March, 1991. James E. Brady Mayor At,st: Mary A. Davis City Clerk Council Member Kluesner moved edop- lion of the ResoIufion. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Vootherg. Nays---None. RESOLUTION NO. 88-91 RESOLUTION ADOPTING THE DUBUQUE CORPORATE CENTER ECONOMIC DEVELOPMENT DIS- TRICT URBAN RENEWAL PLAN Whereas, the City Council has, by Reso- lution No. 71-91, found that the area, to he known as the "Dubuque Corporate Center Economic Development District", is an economic development area, as defined by Chapter 403 of the 1989 Iowa Code, and is appropriate for urban renewal activities; and Whereas, the Council believes that the designation of said area as an urban renewal district will enhance the attractiveness of the area and the City as a potential site for new and expanding cormnercial and industrial enterprises; and Whereas, an Urban Renewal Plan for said district has been prepared and is hereto attached as Exhibit A, which Plan indicates, among other things, the development objec- lives of tho disttiet, public purpose activities, land acquisition, development requirements end standards for relocation assistance; and Whereas, the Long Range Planning Commission has x~viewed said Plan and has found that said Plan conforms to the general plan for the development of the City of Dubuque as a whole and has transmiged its findings to the City Council; and Where., the City Council has held a public heating on said Plan after public notice thereof by published notice; and Whereas, it is provided in Chapter 403 of the 1989 Code of Iowa, that the governing body of a municipality rmxy approve an urban renewal plan if it finds that: a) A feasible method exists for the relocation of households displaced from the urban renewal district into decent, safe and sani~ry dwelling accommodations within their means and without any undue hardship; and b) Any nonresidential uses to he devel- oped on an area of open land to he acquired as pag of the Plan am uecessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standa~s and local community objectives; and 100 Regular Session, March 18, 1991 c) "/'he Urban Renewal Plan conforms to the general plan of the munielpality as a whole. NOW TEEREFORE, BE IT RESOLVED BY THE CITy COUNCIL OF THE ClT~ OF DUBUQUE, IOWA: Section 1. That the following described area, to be known as the "Dubuque Coxpo- .rate Center Economic Development District" ~s an economic development ama within thc meaning of Iowa Code Section 403.17(20); to wit: Lot 1; Lot 2 of Lot 2; and Lot 2 of Lot 1 of Lot 2, A.C. Pfohl Place, City of Dubuque, Dubuque County, lowa, and thc'adjacent fights-of-way Section 2. That the Urban Renewal Area is appropriate for commercial and industrial enterprises, is eligible for an urban renewal project and otherwise rr~ets the requisites under the provisions of Chapter 403 of the Co~. of Iowa, and the development of this area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 3. That it is bemby found and deternfiued that a feasible method exists for the miocation of households who will be displaced from the urban n~'newal district into decent, safe and sanitary dwelling accornmo- dations within their means and without any undue hardship. Section 4. That the Urban Renewal Plan for the Dubuque Corporate Center Economic Development District, attached hereto as Exhibit 'A", conforms to the general plan of the City of Dubuque and that said Plan is hereby approved and adopted. Section $. That the City Clerk be and she is hereby directed to file a certified copy of said Plan with the minutes of this meeting. Section 6. That the Plan shall be in full force and effect for a period of twenty-five (25) years from the date of this Resolution or until such time that the City has received full reimbursement from incremental taxes of its advances and principal and interest payable on all tax increment financing or general obligations issued to cany out the objectives of the Plan for the District, and said Plan shall be forthwith certified by thc City Clerk, along with a copy of this Resolution, to the Recorder for Dubuque County, Iowa, to be filed and recorded in the mannur provided by law. Passed, approved and adopted this 18th day of March, 1991. Attest: Ma~y A. Davis City Clerk Jam~s E. Brady Mayor Council Member Kinesnor moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Kring, Nicholson, Pratt, Voetharg. Nay~None. Proof of Publication certified to by the Publisher on Notice of Public Heating to consider an ordinance providing that general property taxes levied and collected each year on all property located within the Dubuque Corporate Center Economic Developrnent District in the City be paid to a Special Fund for payment of principal and interest on loans, monies advanced to, and indebtedness, including bonds issued or to be issued, incmred by said City in connection with approved development projects located within &aid Urban Renewal District, pr~cnted and read. There wore no written objections received and no oral objectors present at the time of the Hearing. Council Member Pratt moved that the proof of publi- cation be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Khiesner, Kfieg, Nicholson, Pratt, Voetberg. Nays--None. (OFFICIAL PUBLICATION) ORDINANCE NO. 22-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE DUBUQUE CORPORATE CENTER ECONOMIC DEVELOPMENT DISTRICT IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMU- NITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO, AND INDEBTED- NESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH Regular Session, March 18, 1991 101 APPROVED DEVELOPMENT PROJ- ECTS LOCATED WITHIN SAID URBAN RENEWAL DISTRICT Whereas, the City Council of the City of Dubuque, Iowa, diet public notice and heating as pmsmibed by law and pursuant to Resolution passed and approved March 18, 1991, adopted an urban renewal plan for an area known as Dubuque Corporate Center Economic Development Disttict, which includes the following described property and the adjacent public fights-of-way: Lot 1; Lot 2 of Lot 2; and, Lot 2 of Lot 1 of Lot 2, A.C. Pfohl Place, City of Dubuque, Dubuque County, Iowa; and Whereas, expenditures and indebtedness of bonds and/or loans are anticipated to be incurred by the City Council of the City of Dubuque, Iowa in the future to finance approved development projects within thc Dubuque Corporate Center Economic Development District; and Where~, the City Council of the City of Dubuque, lowa, desires to provide for the division of revenue from taxation in the Urban Renewal Project Area, as above described in accordance with the provisions of Section 403.19 of the Code of Iowa 1989~ /'/OW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the taxe~ levied on thc taxable property in the Urban Renewal Dis- trict known as the Dubuque Corporate Center Economic Development District Ingally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing distrints from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance pwvided. Seollon 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing prol~tty in said Urban Renewal District upon the toad sum of the assessed value of the taxable property in said disuict as shown on the assessment role on January 1, 1990 shall be allocated to and when collected, be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes a~ paid. Section 3. That portion of thc taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected paid into a special fund to be hereafter established by Resolution of the City of Dubuque, lowa, to pay thc principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under the authority of Section 403.9 of the Code of Iow 1989, and the Section 403.12 of thc Code of low 1989, which may be incurred by the City of Dubuque, Iowa, to finance or refinance in whole or in pan approved development projects within the Urban Renewal Dis~ct except the taxes for the payment of bonds and interest on each taxing district shall be collected against all taxable property within the Urban Renewal District without any limitation as hereinabove provided. Section 4. All taxes levied and collected upon the taxable property in said Dubuque Corporate Center Economic Development District shall be paid into the funds of the taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes unless or until the total assessed valuation of the taxable property in said Urban Renewal District shall exceed the total assessed value of the taxable property in said district as shown on the January 1, 1990 assessment roles. Section $. At such time as the indebtedness of tbe City of Dubuque, heminabove refen-ed to, have been paid, all monies thereafter ~eceived from taxes upon the taxable property in the Urban Renewal District known as the Dubuque Corporate Center Economic Development District shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All O~dinances or parts of Ordinances in com'Ect with the provisions of this Ordinance are hereby repealed. The pro- visions of this Ordinance ate intended and shall be construed so as to fully imphirmnt the provisions of Section 403.19 of the Code of lows 1989 with respect to the division of tax~ from property within the Urban Renewal District as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or appli- cation of this Ordinance which shall at all times be construed to fully invoke the pro- visions of Section 403.19 of the Code of Iowa 1989 with reference to said Urban Renewal District 102 Regular Session, March 18, 1991 Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed, approved and adopted this 18th day of March, 1991. Attest: Mary A. Davis City Clerk Jam~8 E, Brady Mayor Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yess--Mayor Brady, Council Members Ddch, Klunsner, Kriag, Nicholsgn! Pratt, Vcetherg. Nays--None. Communication of City Manager sub- mirting Financial Assistance Package for Wrrc C. Brown, Publishers, and requesgng Council endorsement of documents, presented and read. Council Member Pratt moved that the communication be received and filed and approved. Seconded by Council Member Kluesanr. Carried by the following vote: Yeas---Mayor Brady, Council Members Dcich, Kluesner, Kfieg, Nichdison, Pratt, Voetberg. Nays--None. Communication of City Manager submit- ting two resolutions authorizing the filing of State and Federal Grant Applications and requesting setting of public heating on May 6th, presen~t and read. Council Member Voetberg moved that the communication be received and fried and Public Hearing set for May 6, 1991 at 7:30 p.m. and that the City Clerk publish notice in the manner pr~ scribed by law. Seconded'by Council Member Pratt. Canied by the following vote: Ye~s--Mayor Brady, Council Members Dcich, Kluesner, Kriag, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 89-91 RESOLUTION AUTHORIZING THE FILING OF A CONSOLIDATED GRANT APPLICATION FOR OPER- ATING ASSISTANCE WITH THE STATE TRANSIT ASSISTANCE PROGRAM AND AUTHORIZING THE ENTERING INTO OF A CONTRACT WITH TIlE IOWA DEPARTMENT OF TRANSPOR- TATION NOW THF~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized to submit and execute on behalf of the City of Dubuque a consolidated grant application for 1.7947% of formula funds (approximately $100,504) with the State Transit Assistance Program and is further authorized to enter into a contract with the Iowa Department of Trans- poflation fc~ such operating assistance. Section 2. That the Transit Manager is hereby authorized to furnish such additional infonnadon as the Iowa Department of Transportation may require in connection with such grant applications. Passed, approved and adopted this 18th day of Ma~ch, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Pratk Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesner, Kriag, Nicholson, Pratt, Voetbeeg. Nays--None. RESOLUTION NO. 90-91 RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANS- PORTATION, UNITED STATES OF AMERICA, FOR GRANTS UNDER TIlE URBAN MASS TRANSPOR- TATION ACT OF 1964, AS AMENDED Whereas, the Secretary of Transportation is authorized to make grants for a mass transportation program of projects; Whereas, the contract for financial assistance will imposeicertuin obligations upon the applicant, including tho provision by it of the local share of the project costs in the program; Whereas, it is required by the U.S. Departrr~nt of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection With the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and Regular Session, March 18, 1991 103 Where,, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with these projects, and that definitive pro- cedures shah be established and admidistemd to ensure that minority business shall have the maximum construction contract, supplies, equipment contracts, or consultant and other NOW TI IEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is authorized to execute and file applications on behalf of the City of Dubuque with the U.S. Department of Trans- portation to aid in the financing of an operating assistance project and the capital financing for purchase of various shop equipn~nt items, pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. Section 2. That the Mayor and City of Dubuque is authorized to execute and file with such applications an assurance or any other document required by the U.S. Depart- ment of Transportation effectuating the pofi0oses of Tire VI of the Civil Rights Act of 1964. Section 3. That the Transit Manager is authorized to fumish such additional information as the U.S. Department of Transportation may require in connection with the applieadon for the program of projects. Section 4. That the Mayor of the City of Dubuque is authorized to set foxlh and execute affirmative minority business policies in connection with the program of projects procurement needs. Section 5. That the Mayor of the City of Dubuque is authorized to execute grant agreements on behalf of the City of Dubaque with the U.S. Department of Transportation for aid in the financing of the operating and capital assistance program of projects. The undersigned duly qualified and acting Mayor of the City of Dubuque certifies that the foregoing is a true and conect copy of a Resolution adopted at a legally convened meeting of the City Council of the City of Dubuque, low~. Passed, approved and adopted this 18th day of March, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voctberg moved adop- tion of the Resolution. SccondeA by Council Member Pratt. Carried by the following vote: Yeas~Mayor Brady, Council Members Dulch, Khiesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Communication of Zoning Commission advising of their approval of a conceptual development plan for the Oak Meadows PR District onc~ it shows the added parking and sidewalks, presented and read. Council Member Kluesner moved that the communi- cation be received and filed. Seconded by Council Member Pratt. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Vontberg. Nays--None. An Ordinance Adopting a Conceptual Development Plan for property on Bmnsldfi Road known as "Oak Meadow" and currently zoned PR Planned Residential District, presented and wad. Council Member Kluesner moved that this be considered the first reading of the Ordinance, and 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 adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 1st day of April, 1991, at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the raunner prescribed by law. Seconded by Council Member Pratt. Carried by the following vote: Ycss~Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nicbolson, Pratt, Voetbetg. Nays--None. Communication of Zoning Co~nmission advising of their approval to rezone property at 1690 White Street from R-2A to R-3 reclassification, presented and read. Council Member Voetbcrg moved that the communi- cation be received and filed. Seconded by Council Member Ninholson. Carried by the following vote: Yes~--Mayor Brady, Council Members Dcich, Yduesner, Kriag, Nicholson, PraR, Vcetherg. Nays--None. An Ordinance Attending Zoning Ordi- nance by reclassifying property located at 1690 White Street fxom R-2A Alternate One and Two-Family Residential District to R-3 Moderate Density Mditi-Family Residential District, presented and read. Council Member 104 Regular Session, March 18, 1991 Vcetberg moved that this be considered the first ~eading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Courted meetings prior to thc meeting at which it is to be finally adopted be sus- peaded and furthc~ moved that a Public Hearing be held on thc proposed Ordinance on the 1st day of April, 1991 at 7:30 p.m. in thc Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson. Pratt, Voetbe~g. Nays--None. Communication of Zoning Commission submitting the revised Subdivision Ordinance and requesting further action by the Council and communication of City Manager recom- mending the City Council review the proposed Ordinance and set it for a public hearing on April 1, 1991, presented and read. Council Member Voetberg moved that the communication be mceived and filed. Seconded by Coune.fl Member Kinesner. Carded by the following vote: Yeas~Mayor Brady, Council Members Dalch, Kinesner, Kdeg, Nicholson, Pratt, Voetberg. Nays--None. An Ordinance Amending the Code of Ordinances by adopting a New Chapter 42, Subdivision Regulations, establishing regulations for the subdivision of land; and establishing platting procedures; and establishing design and improvements standards, presented and read. Council Member Voetberg moved that fids be con- sidereal the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Coundil meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on thc proposed Ordinance on the 1st day of April, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner proscribed by law. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch. Kluesner, Krhig, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager ~equest- ing Council to consider approval of a request by the University of Dubuque to lease land on Chaplain Schmitt Memorial Island and give authorization to pursue the subject further to execute a short-term lease agreement not extending beyond December, 1992, presented and read. Council Member Krieg moved that the communication be received and filed and request approved. Seconded by Council Member Pratt. Carded by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nicholson, Pratt, Voetherg. Nays--None. (OFFICIAL PUBLICATION) ORDINANCE NO. 23-91 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR TttE ADDITION Gl~ STOP SIGNS ON JONES STREET AND FIRST STREET AT MAIN STRF~T AND MAIN STREET AT TIIIRD STREET NOW THEREFORE, BE IT ORDAIHED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:' Section I. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Jones Sweet, First Street and Main Street to Subsection (b) of Section 32-214 thereof as follows: "Sec. 32-214. Stop intersections. (h) Eastbound and Westbound Jones Street and Main Street. First Street and Main Street. Northbound and Southbound Main Street and Third Street." Passed, approved and adopted this 18th day of March, 1991. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper the 22nd day of March, 199L Mary A. Davis City Clerk It 3/22 Regular Session, March 18, 1991 105 Council Mcmber Pratt moved that the ~lui~ment that thc progo~d Ordinance be considered and voted on for passage at two Coa~cil meetings print to the meeting at which it is to be finally adopted he suspended ~mi funber moved final adoption of the Oufinance. Seconded by Council Member Kricg. Car~ed by the following vote: Yeas---Mayor Brady, Coune.fl Membe~ Deich, Kluesner, Kfieg, Nicholson, Pra~ Vuntber~. Nays--None. (OFFICIAL PUBLICATION) ORDINANCE NO. 24-91 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING A PORTION OF MAIN STREET AS A THROUGH STREET IN SUBSECTION (b) OF SECTION 32-213 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1, That thc Cede of Ordinances of the City of Dubuque, Iowa be ~eded by deleting Main Street from Subsection (b), of Section 32-213 thereof as follows: "Sec. 32-213. Entering through streets. (b) Main Sue, et, from the south property fine of Jones Street to the south properly line of West Fifth Street, and from the north property line of West Ninth Stxeet to the north property line of West Seventeenth Section 2. That the Cede of Ordinances of the City of Dubuque, Iowa be an~eded by adding Main Street to Subsection (b) of Section 32-213 thereof as follows: "Sec. 32-213. Entering through streets. (b) Main Sheet, from the north property line of West Ninth Street to the north pr(yperty line of West Seventeenth Street." Passed, approved and adopted this 18th day of March, 1991. James E. Brady Mayor Attest: Mazy A. Davis City Clerk Published officially in the Telegraph Herold newspaper this 22ad day of March, 1991. Mm'y A. Davis City Clerk It 3/22 Counoll Member Pratt moved that the x~xtrdrcment that the proposed Ordinance be considered and voted on for passage at ~vo Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Kriog. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 91-91 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been exam- ined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to corr~ly 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 "C" BEER PERMIT Will-Co. Inc., Oky Doky Food Mart #10, Sunday Sales, 805 West 5th St. Passed, approved and adopted this 18th day of Mmch, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoption of thc Rcsolullon. Seconded by Council Member Y, aing. Carried by the following vote: Yeas--Mayor Brady, Council Members De'ich, Kluesner, lC. flog, Nicholson, Pratt, Voetbe~g. Nays---None. 106 Regular Session, March 18, 1991 RESOLUTION NO. 92-91 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and tho same have been examined and approved; and Whereas, the premises to be occupied by such applicants wore inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have fried proper .bonds. NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager he authtnized to cause to be issued the following named appiicants a Liquor License. CLASS "B" (HOTEL MOTEL) BEER AND LIQUOR LICENSE Dubuque Lodging, Inc., Days Inn, Sunday Sales, 1111 Dodge Dubuque Historic Improvement Co. Redstone Inn, Sunday Sales, 504 Bluff CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Roberts River Rides, Inc., Dubuque Casino Belle Dock, Sunday Sales, 400 East 3rd Debra L. George, Park Squaw 600 Central, Fraternal Order of Eagles Sunday Sales, 1175 Century CLASS "E" LIQUOR LICENSE B & M Convenient Mar~, Inc., Oky Doky #7, 3301 Pennsylvania Passed, approved and adopted this 18th day of March, 1991. Attest: Mazy A. Davis City Clerk James E. Brady Mayor Coullcil Member l)nich moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Memher~ Deinh, Kluesner, Kriag, Nicholson, Pratt, Voetherg. Nays--None. Council Member Voetherg moved that the Casino Belie license he approved subject to getting the necessary sign-off requirements and conditions. Seconded by Council Member Nicholson. Canied by the following vote: Yeaz--Mayor Brady, Council Members Deich, Kluesner, Kfiag, Nicholson, Pratt, Voetherg. Nays--None. MINUTES SUBMITTED--Airport Com- mission of 2-5; Handicapped Parking Review Committe~ of 2-5; Ilousing Code Board of Appeals of 2-20; Historic Preservation Commission of 2-27; Ilunmn Rights Commission 2-I1; Long Range Planning Commission of 3-7; Park & Recreation Commission of 2-12, presented and read. Council Member Deich moved that the minutes be received and filed. Seconded by Council Member Pratt. Carried by the foilowiag vote: Yea~--Mayor Brady, Coun- cil Members Deich, Klunsner, Krieg, Nicholson, Pratt, Voetbea'g. Nays--None. NOTICES OF CLAIMS/SUITS--Gary Kaiser (in Small Claim Court) in the amount of $1135.00 for vehicle damages; Patty McGnire in the amount of $178.00 for per- senti injmies; Paul Ix)we, in unknown amount for vehicle damages, presented and read. Council Member Voetberg moved that the cialms and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Pratt Carried by the fol- lowing vote: Yeas--Mayor Brady, Council Members Dnich, Kinesner, IG-ing, Nicholson, Pratt, Voetherg. Nays--None. Communication of State Farm Insurance on behalf of theft insmed, Mary &Sean Stevens, advising of property loss, presented and read. Council Member Voetherg moved that the claim be referred to the Legal Staff for investigation and report. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayex Brady, Council Members Deich, Kluesner, Kring, Nichol~on, Pratt, Vcetberg. Nays--None. ?ommunication of Corporation Counsel agatn recommending denial of personal injury claim of Margaret Walton, presented and wad. Council Member Voetherg moved that tho communication he received and filed and recommendation approved. Seconded by Council Member Pratt Carried by the following vote: Ye~--Mayor Brady, Council Members De, ich, Kinesner, Krieg, Nicholson, Pratt, Voetherg. Nays---None. Communications of Corporation Counsel advising of referral of following claims to Ahixsis, Inc., the agent for the Iowa Community Assurance Pool: Personal injury claim of Elaine Oswald; Property damage claim of Mark D. Morgan; Property damage claim of Alfred Montgomery; Property Regular Session, March 18, 1991 107 damage claim of Robert Lottman; Property damage claim of Randy DeMoss, pmsunted and read. Council Member Voetherg moved that thc communications he received and filed. Seconded by Council Memher Pratt. Carded by the following vote: Yeas--Mayor Brady, Council Memhers D~qch, Kluesner, Ksicg, Nicholson, Pratt, Voetherg. Nays--None. Proof of Publication of l.ist of Claims for month of Janus,, 1991, pre~ented and mad. Council Member Voetherg moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Canled by the following vote: Yeas--Mayor Brady, Council Members De'ich, Kluesner, Kfieg, Nicholson, Pratt. Voetherg. Nays--None. Communication of leremy M. Smith, Murray Schesser, Josh Potter and Michehi Stephenson encouraging the adoption of a city wide curb~ide recycling system, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, 1~uesner, Kring, Nicholson, Pratt, Voetherg. Nays-None. REFUNDS REQUESTED--Mary Detainer, in the amount of $633.75 for unexpired Liquor License, presented and read. Council Memher Voetherg moved that the refund be approved and Finance Director to issue proper check. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nicholson, Pratt, Veetherg. Nays~None. Communication of Corlx)rmion Counsel submitting copy of correspondence received from Ryan Construction Company regarding the Tfilng Project, presented and read. Council Member Voetherg moved that the communication he received and filed. Seconded by Council Member Pratt Canied by thc following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Kring, Nieholson, Pmu, Voetherg. Nays----None. Communication of Corporation Counsel submitting an update on Suit regarding McFadden et al vs. City of Dubuque and Brady, et al vs. City of Dubuque, et al. presented and read. Council Member Voetherg moved that the communication he received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Kring, Nicholson, Pratt. Voetherg. Nays--None. Petition of D.A.L Building Corporation (Post No. 6 American Legion) requesting to purchase property known as "Vacant Lot on Delhi St.", presented and read. Council Member Voetherg moved that the petition he refened to the City Manager for investiga- tion and report. Seconded by Council Member Pratt Carried by tl~ following vote: Yeas---Mayor Brady, Council Members Deich, Kinosner, Krleg, Nicholson, Pratt, Voetherg. Nays---None. Petition of Walter A. Pregler submitting comments regarding requirements with cer- tain zoning requests, presented and reed. Council Member Voetberg moved that the petition he received and filed. Seconded by Council Member Pratt Carded by the following vote: Yeas--Mayor Brady, Council Members Dcich, Khiesner, Krieg, Nicholmn, Pratt, Voetherg. Nays--None. Communication of Katie Krleg going on record as heing opposed to having "Toughman" contest event being held at Five Flags in the future, presented and read. Council Member Voetberg moved that the communication be received and filed und expressed Council's cuncems to the Five Flags CivSe Center Commission. Seconded by Coundl Member Pratt Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Nicholson, Pratt, Voetberg. Nays--None. Communication of Iowa Department of Transportelion notifying Council that they axe proposing to lot a bridge repair project on Orandview Avenue, presented and lead. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members De. ich, Kluesner, Krieg, Nicholsott Pratt, Voetbexg. Nays--None. Communication of City Manager recom- mending acceptance of Sheet Piling Project for Ice Harbor Development, presented and read. Council Memher Voetherg moved that the communication he received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Memhers Deich, Klue~ner, Krieg, Nicholson, Prat~ Voetherg. Nays--None. RESOLUTION NO. 93-91 ACCEPTING IMPROVEMENT Whereas, the conWact for the Sheet Piling - Ice Harbor Development has been com- pleted and the City Manager has examined thc wort and filed his ceitificate stating that 108 Regular Session, March 18, 1991 the sarm hms been completed according m the terms of the contract, plans and specifications and rectmamends it accaptence. NOW TI~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~inn 1. That the recemmendafion of the City Manager be approved and that said improvemunt 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 coatractor from Tax ]acrement Finance and Revenue Bonds in amount equai to the amount of his contract, less any retained pementage provided for therein. Passed, approved and adopted this 18th day of March, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved that the communieatlon be received and filed. Seconded by Council Member Pratt Canlcd by the following vote: Yeas--Mayor Brady, Coundl Members Deich, Kluosner, Krieg, Nicholson, Pratt, Voetherg. Nays--None~ RESOLUTION NO. 94-91 FINAL ESTIMATE Where~s, the contract for the Sheet Piling - Ice Harbor Development has been com- pleted 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 TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUEUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $578,841.17 and the said amount shall be paid from the Tax Increment Finance and Revenue Bonds of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of March, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas~Mayor Brady, CoUncil Members Deich, Kluesner, Krieg, Nichol~on, Pratt, Voetherg. Nays--None. Communication of City Manager sub- mitring resolution authorizing the Mayor to sign an amendment to the Statement of Intent submitted te the Department of Housing and Urban Development on December 1, 1990, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member PratL Canled by the following vote: Yeav~-Mayor Brady, Council Members Deich, Kluesner, Kriag, Nicholson, Pratt~ Voetherg. Nays~None. . RESOLUTION NO. 95-91 RESOLUTION AUTHORIZING TItE FILING OF AN AMENDMENT TO A STATEMENT OF IM~ENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR TItE CITY OF DUBUQUE Whereas, the City of Dubuque is entitled to participate in the Community Develop- ment Block Grant Program authorized under the provisions of Title I of the Itousing and Community Development Act of 1974, as amended; and Whereas, the City of Dubuque has been declared eligible for funding in the ~ amount of $1,019,000 for the calendar year commencing January 1, 1991; and Whereas, the Community Development Block Grant Amended Statement of Intent has hewn developed so as to give maximum feasible priority to activities which will benefit low and moderate income persons and aid in the prevention or elimination of slum and blight; and Whereas, the City of Dubuque has pro- vided the citizens of the community with opportunities to provide input and comment on the Statement of Intent NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI'I~ OF DUEUQUE, IOWA: Section 1. That the filing of an Amended Staten~nt of Intent for palricipafion in the Community Development Block Grant Pro- gram is ha~eby approved, and the Mayor of the City of Dubuque is hereby authorized Regular Session, March 18, 1991 109 and directed to execute the necessary documentation on behalf of the City of Dubuque. Se~lon 2. That the City Manager is he, by auth~ized and direc~xl to submit, in the required number of copies, thc Amended Statement of Intent to the U.S. Depar~nent of Housing and Urban Development and other appropriate agencies together with such other documents as may be required. Passed, approved and adopted this 18t~ day of Mamh, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Pratt Can-led by tbe following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Communication of City Manager submitting resolution authorizing Mayor to sign a grant agreement with the Department of Housing and Urban Development in the amount of $120,000 for calendar year 1991 wh/ch represents an increase in the City's Blcck Grant enriflement, presented and read. Council Member Voetberg moved that the communication be mcdived and filed. Seconded by Council Member Pratt. Carried by the following vote: Ye~--Mayor Brady, Council Members Deich, Kincsner, Krieg, Nicholson, Prat~ Voetberg. Nays--None. RESOLUTION NO. 96-91 RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITE THE DEPART- MENT OF HOUSING AND URBAN DEVELOPMENT FOR CALENDAR YEaR 1991 Where~, under provisions of Title I of Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and submitted a Statement of Intent on December 1, 1990 for a Community Development Block Grang and Whereas, the submission had been approved by the Department of Housing and Urban Development in the amount of $918,000 for a twelve month program commencing January 1, 1991; and Whexeas, the Doparm~nt of tlouaing and Urban Development has approved an addi- tionui entitlement in the amount of $120,000 for a w~elve month period commencing January 1, 1991; and Whereas, a Grant Agreement covefing the activities proposed to be carried out with Community Development Block Grant funds has been tendered file City of Dubuque. NOW THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the additional Grant Agreement, authorized by the U.S. Depart- ment of Housing and Ultmn Development on January 3, 1991. for a Community Develop- merit Block Grunt to the City of Dubuque in the amount of $120,000 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby anthotized and directed to execute an additional Community Development Block Grant Agreement identi- fied as Grant Agreement B-91-MC-19-0004 for submission to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 18th day of March, 1991. Attest: Ma~ A. Davis Council Member Jan~s E. Brady Mayor Vuntberg moved adoption of fl~ Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krleg, Nicholson, Pratt, Voetberg. Nays None. Communication of City Manager sub- mitilng resolution authorizing the Mayor to sign the Community Development C~antee Peffommnce Report and for the City Clerk to mak~ such documents available to the pablio, presented and mad. Council Member Vootberg moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Ye&s--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 97-91 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF AVAILABILITY FOR PUBLIC INSPECTION OF CERTAIN 110 Regular Session, COMMUNITY DEVELOPMENT BLOCK GRANT DOCUMENTS Whereas, under date of March 29, 1991 tho Annual Grantee Performance Report for Calendar Year 1990 will be sent to the U.S. Department of Housing and Urban Devniop- mom for processing; and Whereas, Section 570.507 (a) of the Community Development Block Grant Program requites that an Annual Grantee Perfornmnce Report showing status of all activities as of the end of th~ calendar year be submitted to the Department of liousing and Urban Development; and Whereas, Section 570.570 (3) requires that there be public notice of the availability of the Grantee Perfcoamnce Report for inspection by the pubiin. NOW THEREFORE, BE IT RESOLVED BY THE CITy COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Mayor of the City of Dubuque be and he is hereby authorized to sign the City of Dubuqun's 1990 Community Development Grantee Performance Report. Section 2. 'Ihat the City Clerk be and she is hereby authorized and directnd to publish in the Telegraph Herald, a newspaper of general ci~unlailon within the City of Dubuque, a public notice in the form of Exhibit A, attached hereto and made a part hereof. Passed, approved and adopted this 18th day of March, 1991. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Ksieg, Nicholson, Pratt, V~etherg. Nays--None. Communication of City Manager submitting resolution authorizing the publication of Envimnmuntal Review Findings for the following projects: Operation Paint Brash, Maintenance of Abandoned/Vacant Buildings and Housing Pr~ect hlcentivcs, presented and Council Member Vootberg moved that the communichfion be received and Bled. Seconded by Council Member Pratt Carried March 18, 1991 by the following vote: Yeas--Mayor Brady, Council Members Dnich, Klue~ner, Krleg, Nicholson, Pra~l, Voetberg. Nays--None. RESOLUTION NO. 98-91 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDINO FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT Whereas, the City of Dubuque has entered into a Grant Agreement for the calendar year commencing January I, 1991, with the U.S. Department of Housing and Urban Develop- mont, p~oviding for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rnies and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described projects to be financed with Community Development Block Grunt funds; and Whereas, an ad hoc Environmental Review Committee has after due considera- tion made a determination that the projects are not a major Federal action significantly affecting the quality of the human environ- ment. NOW TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identi- fied projects and to make the Environmental Review Record for said projects available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. · Operation Paint Brush · Maintenance of Abandoned/Vacant Buildings · Housing Project Ineenilves Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution atits meeting of March 18, 1991, authorizing the submission of a request to the U.S. Department of Housing and Community Developmem to undertake the project Regular Session, March 18, 1991 111 Passed, approved and adopted this 18th day of March, 1991. Brady Mayor Arrest: Mmy A. Davis City Clerk Council Member Voetberg moved adop- tion of the Re~olufion. Seconded by Council Member PratL Carried by tho following vote: Ye~s--Mayor Brady, Council Member.s Deich, Khiesner, Krieg, Nichelson, Pratt, Voetberg. Nays--None. Communication of City Manager sub~ mitring comments regaxding the effects of the new State Police and Fize Retirement Systems on the City of Des Mulnes, presented and read. Council Member Voetberg moved that the communication be received and Bled. Seconded by Council Member Pratt. Carried by tbe following vote: Yeas--Mayor Brady, Council Members Deich, FAuesner, Kriog, Nicholson, Pratt, Voetherg. Nays---None. Communication of City Manager request- ing approval of a new Milk Inspection Contract with the Iowa Department of Agsiculture, presented and l~d. Council Me~nber Voetberg moved that the communi- cation be received and filed. Seconded by Council Member PratL Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesunr, Krieg, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 99.91 RESOLUTION APPROVING AN INSPECTION SERVICE AGREE- MENT BETWEEN THE CITY OF DUBUQUE AND THE IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP FOR ENFORCEMENT OF THE MILK SANITATION LAWS OF THE STATE OF IOWA Whereas, the Iowa Department of Agriculture and Land Stewardship is required to enforce the milk sanitation laws of the State of Iowa; and Whereas, the Iowa Department of Agriculium and Land Stewardship may contract with municipalities and private contractors ~o assist it in canying out its enforcement and duties; and Whereas, the City of Dubuque employs a State certified milk sanitarian and desilgs to perform inspecfion~ under the provisions of the milk sanitation laws of the State; and Wbemas, both parties agree that it is to their mutual advantage to ente~ into un Inspection Service Agreement. 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 atlacbed Inspection Service Agreement between the Iowa Department of Agriculture and Land Stewardship and the City of Dubuque, lowa. Section 2. That the Mayor of the City of Dubuque is hexeby authmizml and directed to execute said Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 18th day of Maxch, 1991. Jarr~s E. Brady Mayor Attest: Map] A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kriog, Nicholson, Pratt, Voetberg. Nays---None. Petition of Richard L Sehiltz requesting to consider vacating a portion of Pear Street, presented and read. Council Member Voctberg moved that the petition be refened to City Manager and Staff for investigation and report. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Nicholson, Pratt, Voetberg. Nays-None. Communication of Corporation Counsel recommending settiement in the amount of $95.00 for towing and a six-day storage fee claim of Dianne Coaldey, presented and read. Council Member Voetberg moved that the communication be mceivnd and filed. Council Member Voetberg moved that the communication be received and Bled and settlement approvnd and Finance Director to issu~ propo' check. Seconded by Council Member Pratt Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nicholson, Pratt, Voetbetg. Nays~None. 112 Regular Session, March 18, 1991 Communication of Thonms Smith, City employee, disclosing of his inlerest in applying for participation in the City RRP Program, p~sentod and read. Council Member Voetberg moved that the communi- cation be received and filed and approved participation. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, l~att, Vc~tbetg. Nays-None. There being no further business, Couv~il Member Pratt moved to adjourn. Seconded by Council Mem~r Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholmn, Pratt, Vcetberg. Nays--None. Meeting adjourned at 8:43 p.m. Mary A. Davis City Clerk -.~ 1991. Attest: Council Members