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1992 March Council Proceedings87 Regular Session, March 2, 1992 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, March 2, 1992. Council met at 7:30 p.m., Public Library Auditorium. Present: Council Memburs Deieh, Kluesnor, Yaieg, Nagie, Nichulson, Voetherg, Acting City Manager Smphaul Johnson, Corporation Counsel Barry A.Lindald. Absent: Mayor Brady, City Manager W. Kenneth Gearhart. Mayor Pro-rem Nicbolson re~d the call and stated this is the Ragulat Session of the City Council called for the propose to act upon such business which may properly come before the Council. Invocation was given by Rev. Woody Alinboagh, Pastor of the Third Presbyterian Church. PROCLAMATIONS -- Month of March as "Mental Retardation Month" received by Roy Sehmeichul; March 15-21 aa "Children and Hospitals Week" reculved by Jean Minor. Presentation of Certificates of Appreciation to City Employees Pat Ostrander and Duane T~ncy. Council Member Vo~tborg moved that the rules bu suspended to allow anyone present to address the Council ff they so desire. Seconded by Council Member Nagie. Carried by the following vote: Yeas-- Council Members Delch, Kluesanr, Kfieg, Nagle, Nicholson, V~tborg. Nays--None. Absent--Mayor Brady. BOARDS AND COMMISSIONS ZONING BOARD OF ADJUSTMENT One unexpired term which will expire 3- 25-96. (Term of A. Martin) Applicants: Steven D. Bmxmann and Dean Robey. Council Member Deich voted for Roboy. Council Member Kluesner voted for Roboy. Council Member Kting voted for Roboy. Council Member Nagle voted for Roboy. Council Member Kluesner Nicholson voted for Roboy, Council Member Voethe~g voted for Baztmann. Mayor Brady - Absent. Thexefore, Dean Robey eppointed to the unexpired term on the Zoning Btm~d of Adjustment which will expire 3-25-96. Communication of David Rusk requesting to make a short presentation on Vision 2000, presented and read. Mr, Rusk spoke to the communication. Council Member Voetborg moved that the communication bo received and filed. Seconded by Council Member Nagie. Carried by the following vote: Yeas--Council Members DUloh, Kluesner, Krieg, Nagie, Niebolson, Voetborg. Nays--None. Absent--Mayor Brady. Communieatlon of City Manager requesting concurrence in the selection of Brice, Petfides-Donohan as the design engineering firm for the Fremont Avenue Bridge Replacement Project, presented and read. Council Member Krleg reeved that the communication bo received and filed. Seconded by Council Member Nagie. Carded by the foBowing vote: Yeas-- Council Members Dctch, Klncsner, Krleg, Nagie, Niebolson, Voetborg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 67-92 Whereas, engineering proposuls were solicited from four engineering firms for the design of the Fremont Avenue Bridge Replacement Project; and Whereas, the firm of Bric. e, PeUides- Donohue provided the best overall concept for the development of this project, and that their proposed design would result in the lowest construellon coat to design the Fremont Avenue Bridge Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager bo authorized to negotiate and execute a con~cact with Bsice, Patrides-Donohue fo/ design and construction set,Aces for the Fremont Avenue Bridge Replacement Project. Passed, approved and adopted this 2nd day of March, 1992. Dan Nichol~on Mayor Pro-Tern Attest: Mary A. Davis City Clerk Regular Session, Council Member Krieg moved adoption of die Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas~ouncil Members Klncsuer, Kfieg, Nagie, Nicbohon, Voetborg. Nays--Council Member Deich. Absent-- Mayor Brady. Communication of City Manager request- ing authorization to enter into an agreement with Norwest Bank Iowa for the purpose of acting as Paying Agent and Bond Registrar and Tgansfer Agent for several City of Dubuque General Obligation, Parking Revenue and Special Assessment bond issues, presented and read. Council Member Voetburg moved that the communication bo received and filed. Snconded by Council Member Krleg. Carried by the following vote: Yeas-- Council Members Kluesn~r, Krieg, Nagle, Nicholson, Voctberg. Nays--Council Member Deich. Absent--Mayor Brady. RESOLUTION NO. 68-92 RESOLUTION APPROVING AGREEMENT TO TRANSFER REGISTRATION OF BONDS Wboreas, Bankers Trust Company of Des Moines, Iowa, has acted as registrar, transfer agent and paying agent with respect to bonds issued by the City in registered form; and Wherea~s, Not,vest Bank Iowa, N.A., Des Moians, Iowa, has demonstrated adequate systems and staff to process the transactions on a timely basis and has pmpesed terms which are ~o the City's advantage. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Finance Director or such other person as the City Manager may designate is authorized to take such action as shall bo necessary to came the City to enter into the Agreement with N~y~vest Bank Iowa, N.A., in the form approved with respect to bond issues of the City in registered form, and to came the recouls of registration to bo provided and to otherwise perform thereunder. Section 2. That the form of Paying Agent and Bond Registrar and Transfer Agency Agreement attached is approved. Section 3. That the Mayor and City Clerk are authorized to execute the Agreement on behalf of the City of Dubuque. March 2, 1992 88 Section 4. That the Finance Director or such other person as the City Manager may designate is dlmcted to cause the regis~ar of the bonds to give any required notice to owners of the bonds of the change of registrar and to undertake action ,.required to effect a transition to the approved agreement. Passed, approved and adopted this 2nd day of March, 1992. Dan Nicholson Mayor Pro-Tern Attest: Mary A. Davis City Clerk Council Member Voetborg moved adoption of the Re~olutlon. Seconded by Council Member Kring. Carded by the following vote: Yeas--Council Members Klncsner, Kfieg, Nagie, Nieholson, Voetbevg. Nays~Council Member Dcich. Absent-- Mayor Brady. Communication of City Manager request- ing that the Mayor bo authorized and directed to sign the attached letter to the State Department of Natural Resources expressing the City's intent to accept and execute a Loan Agreement in the amount of approximately $5,000,000.00 to finance Phase I improvements to the City's Water Pollution Control Plant, presented and read. Council Member Kluesner moved Voetborg moved that the communication be received and filed and approved with Mayor to execute letter. Seconded by Council Member Nagle. Carried by the following vote: Yeas-42ouncil Members Deich, Kluesner, Kfieg, Nagie, Niehulson, Voetberg. Nays--None. Absent--Mayor Brady. Communication of City Manager requesting approval to enter into an agreement with Helle, Klosterman and Company, CPA, to perform tho annual audit for the City's financial transactions for the fiscal years ending June 30, 1992, 1993 and 1994, presented and read. Council Member Kluesner moved that the communication bo received and fried and approved agreement. Seconded by Council Member Vcetherg. Carried by the following vote: Yeas-- Council Members Kluesncr, Kring, Nagin, Nieholson, Voetburg. Nays--Council Member Deich. Absent--Mayor Brady. RESOLUTION NO. 69-92 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 89 Regular Session, March 2, 1992 That the following having complied with the provisicos of law relating to the sale of Cigaret~s within the City of Dubuque, lows, be granted a permit to sell Cigarettes and Cigamtt~ Priers within said City. Hill Street Ptsz~ Ir, o. Oky Doky Foods Passed, approved and adopted this 2nd day of March 1992. Dan Nicholson Mayor Pro-Tem Attest: Mary A, Davis City Clerk Council Member Klucseer moved adoption of the Resolution. Seconded by Council Member Ksiag. Canied by the following vote: Yeas-Council Members Dnich, Kluesner, Krlng, Nagie, Nicholson, Vo~tberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 70-92 Whereas, App~cailons for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, The promises to he occupied by such applicants v~m 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 THI] CITY OF DUBUQUE, IOWA; That thc Manager bo authorized to cause to bo issued the following named applicants a Beer Permit. CLASS *'B" BEER PERMIT Rigel Corpo~/on Godfather's Pizza Sunday Sales 1575 I, F. Kennedy CLASS "C" BEER PERMIT Mole Oil C.~m Imoy Big "10" Man Sunday Side4 2100 J.F.Konne~ly Brian's, lng Brian's, Inc. Passed, approved and adopted this 2nd day of March, 1992. Attest: Mary A. Davis City Clerk Dan Nicholson Mayor Pro-Tern Council Member Kluesner moved adoption of rite Rcsolutiom Seconded by Council Member IC-ieg. Carded by the following vote; Yeas-- Council Memhers Delch, Kluosne~, Kdeg, Naglc, Nicholson, Voetberg. Nays---None. Absent--Mayor Brady. RESOLUTION N. 71-92 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the samo have been examined and approved; and Where~s, the premises to he occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances talcvant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager bo authorized to cause to bo issued the following named applicants u Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE {oyce A. Lorenz Ye Old Brunswick 3203 jackson Passed, approved and adopted this 2nd day of March, 1992. Dan Nicholson Mayor Pro-Tern Attest Mary A. Davis City Clerk Council Member Kluesr~r moved adoption of the Resolution. Seconded by Council Member Krlag. Carried by the following vote: yeas---Coancil Members Regular Session, March 2, 1992 9O Deich, Kluesner, Krieg, Nngle, Nicholson, Voetherg. Nays--None. Absent--Mayor Brady. Proof of Publication ce~ified to by the Publisher on No, ice of Public Hearing to consider ~ezoning property at 607 and 609 East 22nd Street TO C-I Disuict; Petition of Frank and Mary Anne Miller objecting to C- 1 classification, with no restrictions, to this property; Communication of Martha's Haus Inc. approving mquestiag zoning change, presented and read. Council Member Klu~sner moved that the pix)of, petition and con~nmfication be x~c~qved and filed. Seconded by Council Member Kriag. Vote on the motion was as follows: Yeas--Council Members De/ch, Nagle. Nays--Council Members Klucaner, Kfiag, Nichohon, Voetherg. Absent--Meyer Brady. Motion failed. Ray Fuller, 653 W. llth requested rezoalag as it was in 1985 with no resUlc- tions. Robert Williams requested restriction on hours bo lifted. Jim Thill, Frank Miller, Mary Ann Miller, neighbors of property, objected to proposed rczoning. An Ordinance Amending Code of Ordinances by reclassifying properties located at 607 and 609 East 22nd Street from C-1 Neighbothood Commercial District, With Conditions, to C-1 Neighborhood Commemlal Disthct, with first reeding only given at meeting of 2-17-92, prescn~d for further action. Council Member Dnich moved that the r~slrictions he removed. Seconded by Council Member Nagle. Vote on the motion was as foilows: Yeas--Council Members Deich, Nagle. Nays~oancil Members Klaeaner, Kfieg, Nicholson, Vcetherg. Absent--Mayer Brady. Motion failed. Council recessed at 8:28 p.m.; Council rcconvcned at 8:40 p.ro. Proof of Publication certified to by the Publisher on Notice of Public Hearing to reclassify property at the Northwest comer of Pennsylvania Ave. and the Northwest Arterial from R-3 to C-3, and communication of Mike Remakel concurring with recommendation of Zoalag Commission and opposing the reclassification of this property, presented and read. Council Memher Kluesner moved that the proof and communication he xeceived and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas~Council Members Dcich, Kluesner, Kriag, Nagle, Voetherg. Nays--Council Member Nicholson. Mark Sullivan, 4826 Embassy Ct. owner of prope~ requesting reclassification of property to install a service station/convanience store at that locafico. Neil Fruit, Attorney ~eprcsanting Mike and Mary Remakel, objected to proposed request. Dave Bauer, representing William C. Brown Publishing Co. objeeted to proposed request` Mark Sullivan spoke again requesting rezoniag and curb cut` An Ordinance Amending Code of Ordinances by reclassifying property located at the Northwnst em'net of Pennsylvania Avenue and the Northwest Arterial from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial Disffict, with first reading only given at meeting of 2- 17-92, presented for final action. Council Member Kluesner moved that they concur with the Zoning Comn/ssion's ~c~mmended denial. Sccondad by Council Membor Nagie. Carded by the following vote: Yeas-- Council Member Dnich, Kluesner, Krieg, Nagle, Voetherg. Nays--Council Member Nicholson. Absent--Mayor Brady. Proof of Publication certified to by tho Publisher on Noilce of Public Hearing to amend text of Zoning Ordinance by estab- lishing a Public Open Space District, presented and xand. Council Member Voetberg moved that the proof bo received and filFd. Seconded by Coun~ Member Kluesner. Carried by thc following vote: Y~as~ouncil Members Dcich, Kluesncr, Krieg, Nagle, Nieholson, Voetherg. Nays~ None. Absent--Mayor Brady. An Ordinance Ameodiag Code of Ordinances by establishing a POS Public Open Space Dis~ct under Section 2-1 of the Special Purposn Districts and EstabIishiag a new Section 3-5.4 POS Public Open Space District, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 21-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY ESTAB- LISHING A POS PUBLIC OPEN SPACE DISTRICT UNDER SECTION 2-1 OF THE SPECIAL PURPOSE DISTRICTS AND ESTABLISHING A NEW SECTION Regular Session, March 2, 1992 ~ OPEN SPACE IfF ORDAINED OF THE CITY ~pf die City of ~es is hereby Section 2-1 "POS Public Open Space District" Section 2. Appendix A of ti~ City of Dubuque Code of Ordinances is hereby amended by edopting the following new Section 3-5.4: "3-5.4 POS Public Open Space Disfftct (A) General purpose and description. The POS District is intended to provide open space for passive rexxcation, to protnet ned conserve natural, historic or cultural resanrces, to p~ovide hahi~at for wildlife, to Im~vent development in envirco-men~ally sensitive locations such as bluffs, wetlands, flood plains and drainngeways; to serve as a buffer between differing land uses or to provide natural beauty in an urban environment. (B) Principal permitted uses. '[he following uses shall be permiti~ in the POS Dis~ic*' 1) Public or private parks or similar natural areas suplx~dng passive 2) Railreuds and public or quasi-public utilities, but not including offices or storage ax~as. (C) Accessory uses. Tho following uses shall bo permitted as acc~sory uses as provided in Section 4-1 of this ordinance: 1) Any use customarily incidental and subordinate to the principal use it Solves. (D) Conditional uses. 1) Reoreationel uses of a mo~ entire nature which may require the uso of permanent equlprnent or facilitins but which would not attraot I~xge numbers of participants X,~luhing die provision of off-street parking. (F,) Temporary uses. 1) Sporadic uses of a recmationsi or (F) Bulk regulations. No structore, including recrcatirsaal equlpn~nt, shall be Iocate, d le~s than 25 feet from ney property llne. (G) Parking requirements. None. (H) $ig~. On-premise signs: Maximum a~ea of 12 sqan~ fnet with a maximum height of 6 feet, free-standing only, one sign p~r street frontage, maximum of two (2) Off*premise signs: None Tenqx~rary signs: None" Section $. This ordinance has hesemfore been seviewed by tl~ Zoning Comndssion of the City of Dubuque, Iowa. Section 6. This ordinanne shall teke effect imrnedia~ly upon imblication. Passed, approved and edepted this 2nd day of Maseh, 1992. Dan Nichoison Mayor Pro-Tom Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 6th day of Mar~h, 1992. Mary A. Davis It 3/6 City Clerk Council Member Vcotberg moved final adoption of the Ordinance. Seconded by Council Member Kluesner. Caniud by the following vote: Yeas--Council Members Deich, Kluesner, Kde~, Na~le, Ninholson, Vnetburg. Nays--None. Abse~t--Mayor Brady. Proof of Publication certified to by the Publisher on Notice of Hearing on Flans and Speulficatioas for the Hem House Roofing Project, presentexi and ~. Council Member Voetberg moved that thc proof of pullication be received and flied. Seconded by Council Member Kring. Canled by the following vote: Y~oancil Members Deich, Klnesner, Kaing, Nngla, Nichulsoa, Vo~tberg. Nays--None. Absent--Mayor Brady, Regular Session, March 2, 1992 92 RESOLUTION NO. 72-92 RESOLUTION Al)OPTING PLANS AND SPECIFICATIONS WHEREAS, on the 15th Day of Jannezy, 1992, plans, specifications, form of contract and estimated cost were filed widi die City Clerk of Dubuque, Iowa, for the Ham House Roofing Project. WHEREAS, no, ce of beafinli on plans, specifications, form of contract, and estimated cost was published ss required by law. NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, f~'m of contract and estimated cost ate hereby approved as the plans, specifications, form of contract and estimated c~st for said improvements for said project. Passed, Adopted And Approved this 2nd day of March, 1992. Dan Nichol~on Mayor Pro-Tern Att~t: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kd-icg. Carded by thc following vote: Yeas--Council Members Dcich, Kluesner, Krieg, Nagle, Nichol~on, Voetborg. Nays--None. Absent--Mayor Brady. Proof of Publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids for Rerooling the Ham House and communication of City Manager recommending to award centract for project, presented and reud. Council Member Vootberg moved that the proof of publication and communication be wgcived and filed. Seconded by Council Member Kfiag. Carried by the following vote: Yeas--Council Membexs Dcich, Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO, 73-92 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for tho Ham House Roofing Project pursuant to Resolution No. 26-92, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 31st day of January, 1992. WItEREAS, said sealed pwpesals were opened and read on the 13th day of Febraa~, 1992, and it has been determined that the bid of Porlzan Construction Company, in the amount of $39,558, was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That thc contract for the above improvement bu awarded to PoKzen Construction Company, and the Manager be and is hereby directed to execute a contract on bebMf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon tho signing of said contract and die approval of tbe contractor's bond, thc City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 2nd day of Ma~ch, 1992. Attest: Mary A. Davis City Clerk Council Member Dan Nichulson Mayor Pro-Tem Voetberg moved adoption of thc Resulution. Secouded by Council Member Kriag, Canied by the following vote: Yeas--Council Members Dcich. Kluesner, Kring, Nagle, Nicholson, Veetberg. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting documents providing for the hidding procedures for the Replacement of the Concrete Shop Floor at the Keyline Transit Facility, presented and read. Council Member Voetburg moved that the corm'nunication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members Dcieh, Kluesn~r, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. 91 Regular Session, March 2, 1992 3-5A POS PUBLIC OPEN SPACE DISTRICT. NOW, TI~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1. Appendix A of the City of Dubuque Code of Ordinances is hereby amended by amending Section ~ Establishment of Districts by including un Special purpose DisUicts: "POS Public Open Space DisUiet' Secllon 2. Appendix A of tho City of Dubuque Code of O~diuenues is hereby amended by adopting the following new Section 3-5.4: -3.5.4 POS Public Open Space District (A) Gensral purpose and deseriptlon. The POS District is intended to provide open space for passive recreation, to protect and conserve natural, hlst~io or cultural resources, to provide habitat for wildlife, to prevent development in coviron-mantally sensitive locations such sa bluffs, wetlands, flood plains and diuinngewaysl to serve as a buffer between differing land uses or to provide natural beauty in an urban environment. (B) Principal permitted uses. The following uses shall be permitted ia thc POS District: 1) Public or pti/ate perks of similar untmal areas supp~fing lxaesive recreation nsns. 2) Ruilxoads and public or quasi-public ulilifins, but not including offices or storage areas. (C) Accessory uses. The following uses shall be permitted as accessory uses ns provided in gcction 4-1 of this ordinance: 1) Any use cns~nvtrily incidun~l and subo~dinata to the pfinclpel use it (D) Conditional uses. 1) Re~c~antionei nscs of a mo~ active nature which n~y requi~ the uso of permanent equipment or facilities but which would not a~fuet large nureburs of pa~cipants ~cquiilng the provision of off-strnst parking. (E) Temporary uses. 1) Spoes~c uses of are, creational or (F) Bulk regulations. No stmctm'e, including recreaticoal equipruent, shall be located lass than 25 feet from any propeay (G) Parking requlrernants. None. (H) Signs. On-premise signs: Maximum erea of 12 squa~ feet with a maxim.ure height of 6 feet, free-standing only, unc s~gn per street frontage, maximum of two (2) signs. Off-premise signs: None Temporary signs None' Section g. This o~inanue has heretofc~e been reviewed by the Zooing Commission of the City of Dubuque, fowl Section 6. This erdinence shall take effect immediately upon poblication. Pnssed, approved and adopted this 2nd day of Mareh, 199Z Dan Nicholson Mayor Pro-Tern Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspeper this 6th day of March, 1992. Mm7 A. Davis It 3/6 City Clerk Council Member Vuntberg moved final adoption of the Ordinance. Seconded by Council Member Klunsuer. Canied by the following vote: yens--Council Merebers Duich, Klueaner, Krlng, Nngle, Nicholsun, Voetberg. Nays-None. Absent--Mayor Bmiy. Proof of Publication certified to by the Publishes on Notice of Hearing on Plans and Specifications for the Hem House Roofing Project, F~scoted and read. Council Member Vuetburg moved that the proof of publication be received and filed. Seconded by Council Member Kfing. Cerried by the following vote: yens--Council Membe~ Deich, Khinsner, gaing, Nngle~ Nicholson, Vcetberg. Nays--Non~. AbsantwMayor Brady. Regular Session, March 2, 1992 92 RESOLUTION NO. 72-92 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on thc 15th Day of January, 1992, plans, specifications, form of contract and estimated cost wm filed with the City Clerk of Dubuque, Iowa, for the Ham House Roofing Project. WHEREAS, nc41ce of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That thc said plans, specifications, form of ccotract and estimated cost are bemby approved sa the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, Adopted And Approved this 2ad day of March, 1992. Attest: Ma~ A. Davis City Clerk Dan Nichulson Mayor Pro-Tom Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Cunncil Members Deich, Klunsner, Krleg, Nagle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. Proof of Publication certified to by thc Publisher on Notice to Bidders of the Receipt of Bids for Reroofing the Ham House and communication of City Manager recommending to award contract for project, presented and mad. Council Member Voetberg moved that the proof of publication and communication be received and filed. Seconded by Council Memb~a- Kileg. Carded by the following vote: Yeas--Council Membexs Duich, Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays--None. Ab~ent--Mayor Brady. RESOLUTION NO. 73-92 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for thc Ham House Roofing Project pursuant to Resolution No. 26-92, arid notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 31st day of Smuary, 1992. WHEREAS. said sealed proposals were opened and read co the 13th day of February, 1992, and it has been determiued that the bid of Por~en Construction Compauy, in the amount of $39.558, wsa the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for thc above improvement be awarded to Poaz~n Construction Company, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of Ibe work. BE IT FURTHER RESOLVED: That upon the signing ofsuid contract and the approval of the contractor's bond, ~he City Treasurer is authorized and inslructed to return the bid deposits of ~ unsuccessful bidders. Passed, approved and adopted this 2nd day of March, 1992. Attest: Mary A. Davis City Clerk Dan Nicholson Mayor Pro-Tom Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Krleg. Carried by the following vote: Yeas~ouncil Members Dcich, Kluesner, Krleg, Nnglc, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. Communication of City Manager submitting documents providing for the bidding procedures for the Replacement of the Concrete Shop Floor at thc Keyline Transit Facility, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members De, ch, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. 93 Regular Session, March 2, 1992 RKSOLUTION NO. 74-92 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of coat~a~t and estimated cost for the Keyline Transit Facility Shop Floor Replacement. in the estimated amount of $39,406.00, are hereby approved and ordered filed iu the office of the City Clerk for public inspection. passed, adopted and approved this 2nd day of March, 1992. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Comwil Member Voethe~g moved adoption of tha Resolution. Seconded by Council Member Kinesner. Carried by the foBowing vote: Yeas--Council Members Deich, Kluusanr, Krieg, Nagla, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 75-92 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on thc proposed plans, speciflca- rio,ms, and form of contract and placed ssme on file in the office of the City Clerk for public inspection of tho Keyline Transit Facility Shop Floor Replacement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That on the 6th day of April, 1992, a public hearing will be held at 7:30 p.m. in the Public Library Auditotinm at which time interested persons may appr~ and be heard for or against the proposed plans and speoificktious, ftm-n of contract and cost of said improve~nent, and the City Clerk be and is hereby directed to cause a notlco of time and place of such heating to be published in a newspaper hating general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear/md file objections to the proposed plans, speeificatlons, contract, or estimated cost of the improvement. Passed, adopted and approved this' 2nd day of March, 1992. Attest: Mmy A. Davis City Clerk Dan Nicholson Mayor Pro-Tern Council Member Voetberg moved adoption of the Resolution. Seconded by Coancil Member Kluesner. Carried by the following vote: yeas--Council Members Deich, Kluusner, Krieg, Nagle, Ninholson, Voetherg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 76-92 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY TIlE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the KeyBan Transit Facility Shop Floor Replacement is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a ptut of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements heroin provided, to be pubilsheA in a newspaper having general circulation in tho City of Dubuque, Iowa, which notice shall not be less than four days nor mo~ than twenty days prior to the receipt of said bids at 2:00 p.m. on the 26th day of March, 1992. Bids shall bo opened and read by the City Clerk at said time and wlil be submitted to thc Council for final action at 7:30 p.m. on the 6th day of April, 1992. Passed, adopted and approved lids 2nd day of Mamh, 1992. Attest: Mary A. Davis City Clerk Dan Nicholson Mayor Pro-Tem Council Member Voetbexg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by thc Regular Session, March 2, 1992 94 following vote: yeas-Council Members Deich, Kluesner, Kring, Nngle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. Conununication of City Manager submitting documents providing for the vacating of a pa~ion of Secxmd Street and a poifion of lows Strict between Second and Third Street to the Fischer Investment Company, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members Doich, Kinesner, Kring, Nagla, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 77-92 RESOLUTION APPROVING PLAT OF PROPOSED VACATED SECOND STREET ADJACENT TO U.S. HIGHWAY 61 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated February 19, 1992, prepared by the Engineering Division of the City of Dubuque Department of Public Works, describing the proposed vacated portion of Second Street adjacent to U.S. Highway 61; and Where~s, s~dd plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated February 19, 1992 prepared by the Engineering Division of the City of Dubuque Department of Public Works, relative to the real esta~ hereinabove described be and the sausc is hereby approved, and thc Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Sedlon 2. Thc City of Dubuque reserves unto iteelf a perpetual easement including the right of ingress and egress thereto, for the purpose of e~oting, installing, conslructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and clectlic lines as may be authorized by thc City of Dubuque, lowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certiiled copy of this ~solution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 2nd day of March, 1992. Attest: Mary A. Davis City Clerk Council Member Dan Nicholson Mayor Pro-Tem Vcotberg moved adoption of thc Resolution. Seconded by Council Mcmbe~ Kluesner. Canied by the following vote: yonm--Coancil Members Dcich, Kluesner, Krieg, Nag)e, Nicholson, Voetbelg. Nays--None. Absent--Mayor Brady. An Ordinance Vacating a portion of Second Street adjacent to U.S. ltighway 61, presented and read. Council Member Voctbelg moved that this be considered the first reading of the Ordinance, and that the requlmment that a proposed Ordinance be considered and voted on for passage at two council meetings pror to the meeting at which it is to be fiaaily adopted be suspended and further moved that a Public lteating be held on the Proposed Ordinance on the 16th day of March, 1992 nx 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 Kluesner. Carried by the following vote: Ye~s--Council Members Deieh, Klueaner, Kaing, Nagle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 75-92 RESOLUTION DISPOSING OF CITY INTEREST IN A PORTION OF SECOND S~REET ADJACENT TO U.S. tlIGHWAY 61 IN THE CITY OF DUBUQUE, IOWA Whereas, the Fischer lnvestrwnt Company, et al has iequested the vacating of a portion of Second Street adjacent to U.S. tlighway 61; and Whereas, the Engineering Division of the City of Dubuque Public Works Department has prepared and submitted to the City Council a plat showing the vacated portion of Second Street adjacent to U.S. tlighway 61 and assigned lot numl~rs thereto, which hereinafter shall be known and described as City Lot 197A in the City of Dubuque, Iowa; and 95 Regular Session, March 2, 1992 Whereas, the City Couned of the City of Dubuque, Iowa has degrmined that this poRion of Second Street adjacent to U.S. Highway 61 is no longer mqdired for public use, except for utility eas©n~enls as noted, and vacating and sale of said ix~ioun of alleys and say. ets known ss City LOt 197A 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: Seetlon L That the City of Dubuque intends to dispose of its interest in City Lot 197A in the City of Dubuque, lows. Section 2. That tho conveyance of City Lot 197A in die City of Dubuque, lowa to the Fischer Investment Company. et al be contingent upon the payment of $10.00 and other good and valuable consideration. Section 3. The City of Dubuque reserves unto itself u perpetual easenmnt including the right of ingress and egress thereto, for tho propose of erecting, instafilng, conslructlng, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cabin, and electric lines ss may be authorized by the City of Dubuque, Iowa. Section 4. That thc City clerk be and is hereby authorized and directed to cause and notice of intent to dispose of said real estate in the manner as prescribed by law. Passed, eppmved and adopted this 2nd day of March, 1992. Attest: Mary A. Davis City Clerk Council Member Dan Nicholson Mayor Pro-Tom Voetberg moved adoption of the R~solution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Council Members Dcich, Kluesner, Kricg, Nagle, Nicholson, Vc~tbe~g. Nays~-None. Absent--Mayor Brady. RESOLUTION NO. 79-92 RESOLUTION APPROVING PLAT OF PROPOSED VACATED IOWA STREET FROM 2ND STREET NORTH TO 3RD STREET Whereas. there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated Februa~j 19, 1992, pmpmed by the Engineering Division of the City of Dubuque Department of Public Works, describing the prop~ed vacated portion of Iowa Sta~ot from 2nd Street north to 3rd Stxeet; and Wbusea$, said plat conferms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated February 19, 1992 prepared by the Engineering Division of the City of Dubuque Dopaflment of Public Works, relative to the real estate berciunbove described be and the saree is hereby approved, and the Mayor and City Clerk be and they a~ hereby authorized and dirceted to execute said plat for and on behalf of the City of Dubuque, Iowa. Se~lon 2, The City of Dubuque reserves unto itself a perpetual e~er~nt including the right of ingress and egress thereto, for the pmpune of erecting, instslling, constructing, reconstn~edng, repairing, owning, operating, and main~iding water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, lows. Passed, approved and adopted this 2nd day of March, 1992. Attest: Mary A. Davis City Clerk Council Member Dan Nicholson Mayor Pro-Tem Voctberg moved adoption of th~ Resolution. Seconded by Council Member Kluesunr. Carried by the following vote: Yeas~ouncil Members Ddich, Kluesner, Kring, Nagia, Nicholson, Voctberg. Nays--None. Absent--Mayor Brady. An Ordinance Vacating a porti~ of Iowa S~cet from 2nd Street North to 3rd Street, presented and read. Council Member Vcotberg moved that this be considered thc first reading of the Ordinance, and that thc ruqulrem~nt that a proposed Ordinanc~ be considered and voted o~ for passage at two council me. tings prior to tbu meeting at Regular Session, March 2, 1992 96 which it is to be finally ndoptsd be suspended and further moved that a Public [leafing be beld on the Proposed Ordinance on the 16th day of March, 1992 at 7:30 p.m. in the Public Library Audito~om and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Kluesner, Carried by the fnilowing vote: Yans--Cooncli Members De. ich, Klucaner, Krieg, Nagie, Nichnison, Voetberg. Nays--None. Absent--Mayor Brady. RF~OLUTION NO. 80-92 RESOLUTION DISPOSING OF CITY INTER ~EST IN CITY LOT 195A IN THE CITY OF DUBUQUE, IOWA Whereas, the Fischer Investment Corq~ny, et al has requested the vacating of a portion of Iowa Street fi'om 2nd Street north to 3rd Stlv~t; and Whereas, the Engineering Division of the City of Dubuque Department of Public Works has prepared and submitted to the City Council a plat showing the vacated portion of lows Street from 2nd Su~ct noril to 3rd St~et and assigned lot numbers thereto, which hereinafter shall be known and described as City Lot 195A in thc City of Dubuque, lows; and Whereas, the City Council of the City of Dubuque, lows has determined that this portion of Iowa Street is no longer required for public use, except for utility easements as noted, and vacating and sale of said portions of alleys and streets known ~s City Lot 195A in the City of Dubuque, Dubuque County, lows should be epproved. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seetion L That the City of Dubuque intends to dispose of its Inte~e~st in City Lot 19:5A in the City of Dubuque, Iowa. Section 2. That the conveyance of City Lot 195A in the City of Dubuque, Iowa to Fischer Investment Company, et al be contingent upon the payment of $10.00 and other good and valuable consideration. Se~lon 3. The City of Dubuque reserves unto itself a porpeteal easement including the right of ingress and egress thereto, for the propose of erecting, installing, constmedng, reconstructing, mpahing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable, and ciecMc lines as may be authorized by the City of Dubuque, Iowa. Section 4. That the City clerk be and is hereby authorized and directsd to cause and notice of intent to dispose of said real estate in the manner as proscribed by law. Passed, approved and adapted this 2nd day of March, 1992. Attest: Mary A. Davis City Clerk Dan Nicholson Mayor Pro-Tem Council Member Vcotberg moved adoption of the Resolution. Seconded by Council Membec Kluesner. Carried by the following vote: Yeas~ouncil Members Dcich, Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. MINUTES SUBMITFED -- Cable TV Regulatory Commission of 2-12; Five Flags Commission of 2-17; Handicapped Parking Review Committee of 2-11; Housing Commission of 8-13, 9-10, 10-1:5, 10-8, 11- 12, 12-10, 12-19-91, 1-14, 1-27 & 2-11; Housing Task Force of 12-17-90, 1-7, 1-21, 2-4, 2-18, 3-4, 3-18, 4-1, 4-15, :5-20, 6-17, 7- 22, 8-26, 9-30, 12-9, 12-17-92, 1-27 & 1-16; Investm0nt Task Force of 2-11 & 2-18; Transit Trustee Board of 1-9 & 1-28, and read. Council Member Voetberg moved that the minutes be lv. ceived and filed. Seconded by Council Member Nagie. Carried by the following vo~: Yea~s~Council Members Deich, Kluesner, Krleg, Nngin, Nicholson, Vo.~tberg. Nays--Nor~. Absent--Mayor Brady. NOTICES OF CLAIMS/SUITS Dean Bush in amount of $8:5.00 for tim damages; Vince EliioR in estimated amount of $348.:57 for vehicle damages; Mink Goedken in unknown amount for personal injuries; Rose Anne and Kevin Koeq~rinh in unknown amount for personal injuries and vehicle damages; Stephen Scott on behalf of Mrs. Lany O'Meara in unknown amount for personal injuries; Dennis Puar, in amount of $271.2:5 for property damages; Cheryl Rohr m amount of $24.99 for personal loss, and med. Council Member Voetberg moved that the claims and suits be refcrred to thc Legal Staff for investigation and report Seconded by Council Mcmber Nagia. Carried by the fo]lowing vote: Yea~---Council Memburs Deich, Khiesncr, Kileg, Nngle, Nicholson. Voetberg. Nays--None. Absent--Mayor Brady. 97 Regular Session, March 2, 1992 Cremnunications of Corporation Couesul advising of referral of following claims to Crawfo~d & Conkunny~ the agent for the Iowa Communities Assurance Pool: Sewer backup of Dale Veach; Personal iujury of Kevin Andrew Ryan; Sewer beckop of Terrcoco & Jean Ruff; Fail/~'rsonul injury of Cortine K. Armbruster, Car damage of $oseph M. Culbertsco, peesented and mad. Council Member Voctberg moved that the communications be ~w..ceived and filed. Seconded by Council Member Nagie. Carried by the following vote: Yem-~ouncil Members Deich, Kluesner, Kriag, Nngle, Nicholson, Voetberg. Nays None. Absent--Mayor Brady. REFUND REQUESTED -- Angela Mangcoo in amount of $25.00 on expired Cigarette License, presented and ~.ad. Council Member Vo~tberg moved that the refund be approved with Finance Director to issue proper cbeck. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Council Members Daloh, Kluesner, Ktiag, Nagie, Nichoisun, Voetberg. Nays--None. Abscet--Mayor Brady. Petition of Mr. & Mrs. Wittine, Mr. & Mrs. J. Hilley and Mr. & Mm. R. Schlader requesting vacation of un l.-shaped alley located in the Union Avenue Sub. vision, presented and rend. Council Member Voetberg moved that the petition be referred to the City Manager and staff. Seconded by Council Member Nagle. Carried by the following vote: Yeas~Couned Members Deich, Kluesner, Kfing, Nagie, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Iowa DOT advising un Open Forum Public Hearing will be held on March 10th to discuss thc proposed improvement of U.S. 52 from Jackson County to the south junction of U.S. 62/151 near Dubuque, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagie, Carried by the following vote: Yeas--Council Members Dcich, Khesanr, Kfing, Nngle, Nicholson, Voetberg. Nays---None. Absent--Mayor Brady. SheriffLeo Kennedy submitting Notice of Appraisement of Damages and Time for appeal in the Matter of the Conderenation of certain fights in land by the Iowa DOT to Kermlt Meyer et ai and James CulBns, presented and ~v~ut. Council Member Voetberg moved that the Notice be ~ceived and filed. Seconded by Council Member Nagie. Carried by the following vo~: Yeas--Council Members Dcich, Kluesner, Krieg, Nagle, Nicholson, Voetberg, Nays--None, Absent--Mayor Brady. Communication of City Manager requesting approval of Bunker Hill Golf Course Operating Agrcetr~nt with golf professional, George Stcpbenson, and authorize the City Manager to execute, presented and read. Council Member Voetberg moved that the communication be received and filed and authorized the City Manager to execute. Seconded by Council Member Nagle. Canied by the following vote: Yeas--C~uncil Members Deich, Kluesner, Kriag, Nngle, Nicholson, Voctberg. Nays--None. Absent--Mayor Brady. Communication of City Manager Construction of the Flora Swimming Pool, presented and ~d. Council Member Voetberg reeved that the communication be received and filed. Seconded by Council Member Nnglo. Csn~ed by the following vo~: Yeas---Council Members Deich, Klue~ner, Kring, Nngle, Niolu~lson, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 81-92 ACCEPTING IMPROVEMENT WHERE4kS, the cc~tract for the Flora Pool Reconstruction Project has been completed and the City Manager has examined the work and filed his certificate stating that the same ha~ been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa, that the ~commundation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby d~rected to pay to the contractor from the General Obligation Bonds in amount equal to the amount of his contract, less any retained pemenlnge provided for therein. Passed, Adopted And Approved this 2nd day of March, 199Z Dan Nicholson Mayor Pro-Tem Attest: Mary A. Davis City Clerk Regular Session, March 2, 1992 98 Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagie. Carried by the following vote: Yeas---Cunncll Members Dcich, Klansner, Kfing, Nngle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 82-92 FINAL ESTIMATE WI~REAS, the contract for the Flora Pool Reconstruction Project has been completed snd thc Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous coals; NOW THEREFORE, BE IT RESOLVED, by the City Council of the city of Dubuque, Iowa: Section I, That the cost of said improvement is hereby determined to be $1,627,151.20, and the said amount shall be paid gem the General Obligation Bonds of the City of Dubuque, lowa. Passed, approved and edopted, this 2nd day of Mamh, 1992. Attest: Mary A. Davis City Clerk Dan Nichoison Mayor Pro-Tern Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nngle. Canied by the following vote: Yeas--Council Members Dcich, Kluesner, Krlcg, Nagie, Voetberg. Nays--None. Bredy. Petition of Attorney Robert Bertsch, on behalf of Carl J. and Mary Ann Burbach, requesting authorization to exchange properties between the City and the Burbachs, presented and reed. Council Member Voetherg moved that the matter be referred to the City Manager and Staff. Seconded by Council Member Nagle. Carried by the following vote: Yeos---Council Members Dcich, Kluesner, Kring, Nngle, Nichoison, Voetberg. Nays--None. Absent--Mayor Brady. At 10:13 p.m. Council Member Kluesner moved to go into Closed Session - In accor- dance with Chapter 21.5 1.0) 1991 Code of Iowa, as amended, "To discuss the purchase of particular rea/ esteate where premetam disclosm'e could be reasonably expected to increase the price the governmental body would have to pay for that property." Seconded by Council Member Vcetherg. Carried by the following vote: Yeas---Council Memb~s Dcich, Kluesner, Kriag, Nngle, Nicholson, Voetberg. Nays--None. Abscot--Mayur Brady. Council reconvennd at 10:35 p.m. with comment that Staff was given directive on this matter. There being no furflter business, Council Member Vunthurg moved to adjourn the meeting. Seconded by Council Member Nagie. Carried by the following vote: Yeas---Council Members Deich, Kluesner, Kriag, Nngle, Nichoison, Voetberg. Nays--None. Absent--Mayor Brady. Meeting adjourned at 10:38 p.m. Mary A. Davis City Clerk 1993. 99 Regular Session, DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Council Meeting, March 16, 1992. Council Mat at 7:30 p.ra, Public IAbrm~ Auditorium. Present: Mayo~ Brady, Council Mamher~ Deich, Kine~ner, l~iag, Nagie, Nichol~ou, Voetberg, Acting City Manager Stephnni Johnson, ~ilon Counsel Barry A. LindchL Absent: City Manager W. Kenneth Ocerhnvt. Mayor Brady read the call and stated this is the Regular Session of the City Council called for the purpose to act upon suoh business which may properly conu~ before the Council. Invocation was given by Rev, Tom Alhin, Instructor at the University of Dubuque Theological Seminary. PROCLAMATIONS -- April 6th aa Iat day of "Dubuque Corbeide Recycling Program" received by Tom Bylund; Tin-~ from March 1992 to September 1993 $$ "Cfid Scouts Care For the E a r t h Recycling". ~ceived by four Girl Scouts. Council Member Voetberg moved that the niles be suspended to allow anyone pre,eat to address the Council. Seconded by Council Member Nicbelson. Carried by the following vote: Ye.~---Mayor Brady, Council Members Dcich, Klunaunr, Kfieg, Nagle, Nicholsou, Voetherg. Nays--None, Petition of Deborah Clark w, queatiag to address the Council reger~ag placement of vendors sediag up nemr the Casino Belle, pr~nted and read, Council Member Kluesner moved that the petition be received and filed and referred to St~f for investigation and ~ Sexoaded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Bt~dy, Council Members Deich, Kinesunr, Kfieg, Nagie, Nicholson, Vcetherg. Nays--Nou©. Communication of Acting City Manager submitting Ordinance providing for a March 16, 1992 Mmatodum on the i~suunce of Building Peanrdts for A~eaa ~ f~ u~ ~ Pu~c ~n S~; Copulation of De~is O~y~, C~rs~ Ho~iag Co~ssion, ~ucs~g ~ ~ss ~e ~un~ ~g~ng deviant of &c v~t ~o~ on ~u&em Av~un; C~ani~fi~ of Iowa ~T sub~thng ~r ~n~ ~g~ing · o ~s~ble ~wn ~ of ~e ~u&em Argue ~t of l~d, ~sen~ ~ ~. Co~ Mc~r V~t~rg ~v~ &at ~c ~ons ~ ~v~ ~ fil~. ~nd~ by C~nc~ Mem~r Ni~ul~n. C~ by ~o follo~ng vo~: Y~May~ Bray, C~nc~ Mem~rs ~ich, Kl~sn~, Kfieg, N~c, Nichol~n, V~. Nay~None. ~s Ouny~, 22~ As~n, obj~ ~ ~um ~ pl~ m ~ on Sou~em Ave. An ~i~ Re~iag S~fion 1 l-~8(e) of~e ~e of ~n~s w~ch es~ilsh~ a ~a~um ou ~ iss~ of B~l&ng ?e~ f~ uaw ~ns~ou, ~er ~ ~m~edon f~ ~ne~ Offi~s, in ~e OR Offi~ Resi~nfi~ ~ct in ~ Ci~ of Du~q~, low~ ~d ~ng a New ~fion 11-~8(e) ~vi&ng f~ a M~a~um on ~o i~s~ of B~l&ng Pe~ f~ ~ ~s~ct in &o ~ of Dubuq~, lows, (O~CI~ P~LICATION) O~INANCE NO. 22-92 AN ORDINANCE REPEALING S~iON ll-~(e) OF T~ CI~ OF DUBUQ~ CODE OF O~C~ ~iCH ~T~LIS~D A MO~TO- Ri~ ON T~ ~UANCE OF B~DING [ERM~ FOR ~W CONS~UCTION, OT~R ~AN CONS~UCTION ~R GE~ O~IC~, ~ T~ OR O~iCE ~EN~ D~TRICT IN T~ Cl~ OF D~UQ~ IOW~ A~ ~NG A ~W S~TION 11- 58(e) [ROVlDING FOR A MORA~ ON ~ ~UANCE OF ~DING PER~ FOR A~AS PRO~ED FOR T~ ~ [~LIC OPEN SPACE D~T~CT IN ~ CI~ OF D~UQ~ IOWA. Pu~c ~n S~ ~s~ct ~ h~ ~n~ ~ ~g ~ by ~di~ a ~w Regular Session, March 16, 1992 100 Wbe~, the Zoning Commission will now engage in a study of the propo~d laOS Public Open Space District in ~ecordunec with the Freeway 61/151 Conidor Plan to determine which arem should be reclassified as POS area; and Whereas, tim City Council desires to establish a moratorium on the issuance of building permits while the proposed POS Public Open Space Disdict ~zonlngs a~ being stuc~ed by the Zodiag Conuulssion and thc City Council. NOW, TItEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1, Section 11-$8(e) of the City of Dubaque Code of Ordinances is hereby Section 2. The following new Seclion 11- 58(e) is hereby adopted. "(e) No building permits within a proposed POS Public Open Spece District, az shown on the Freeway 61/151 Ceo-ldor Plan's Pnaposed Land Use Maps, as on file in the Office of the City Clerk, shall be issued by the building official from the date of publication of this ordinance unill six (6) months from said date. The moratorium provided for hev0in shall not be constraed to deprive any person, finn or coqooration of a vested fight that st~h person, firm or c, otporafion amy have acquired aa a matter of law for the issuance of a building pcxmlt aa of the effective date of the adoption of this ordinance. Any person, firm or corporation aggrieved by or adversely affected by the building official's reftmul to issue a building pem~t puamuant to this moratorium shall appeal therefrom to the City Couecll of the City of Dubuque." Passed, approved and adopted this 16th day of Maxch, 1992. James E. Bredy Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 20th day of March, 1992. Mary A. Davis It 3/20 City Clerk Council Mamber Vcetbe~g moved that this be considered thc 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 fmtber moved final adoption of the Ordinance. Seconded by Council Member Nichotaon. Carried by the following vote: Yeas---Mayor Brady, Council Mem~rs Dcich, Kluesner, Kfieg, Nagle, Nicholsou, Voethorg. Nays None. Commuulceilon of Acting City Manager requesting Council approval authorizing the City Manager and Administrative Services Manager to sign checks and drafts on behalf of the City of Dubuque, presented and read. Council Member Vo~therg moved that the communication be received and filed. Seconded by Council Member Khiesner. Caroled by the following vote: Yeas---Mayor Brady, Council Members Delch, Kluesner, Kriag, Nagin, Nichulson, Voetberg, Nays--None. RE. SOLUTION NO. g3-92 RESOLUTION AUTHORIZING CERTAIN DESIGNATED tqSCAL OFFICERS OF TILE CITY OF DUBUQUE TO EXECUTE CHECKS ON BEHALF OF THE CITY OF DUBUQUE Whereas, the City of Dubuque deposits celtnin funds in local commercial banking institutions; and Wbereas, the~e commercial banking institutions require authorization by thc City Council for certnin fiscal officers to sign such checks and drafts; and W bevy. as, the City Council has detea'mined that the fiscal officers who rmy sign checks and drafts on behalf of the City of Dubuque are City Manager W. Kenneth G-earhatt, Administrative Service~ Manager Pauliun loyce, and Deputy Finance Director Gerald ltird. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. 'Ihat City Manager W. Kenneth Gearhart, Administrative Services Manager Pauline Joyce, and Deputy Finance Dictator Gerald Hhd are hereby authorized 101 Regular Sssslon, March 16, 1992 to sign checks and dra~ on behalf of the City of Dubuque. Section 2. That the foregoing fiscal office~ ~ also bemby authorized to sign the authorization cards from the conunerdal banks. Passedl iq~mx~ved ned adopted this 16th day of March, 1992. Stones E. Brady Mayor Attest: Mary A, Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Membe~ Klnesner. Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nichoison, Vontberg. Nays--None. Communication of Acting City Manager requesting Councli approval of ne application ~ the U,S. l~nt of Housing and Urban Development (HUD) for a $700,000 Special Purpose Housing Grant, presented and read. Councli Member Voetbuxg moved that the communication be received and filed as modified. Seconded by Council Member Kluesner. Csrtied by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Voetberg. Nays--Council Members Doich, Nagle. Dennis Oneyear, Jim Stock, and Ann Mihalakis all spoke to the grant. Let the record show that no one from organized neighborhoods were ln~senL RESOLUTION NO. 84-92 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A SPECIAL PURPOSE HOUSING GRANT Whereas, the City of Dubuque recognizes the continuing unmet need for provision of assisted htmsing to the City's qualifying lower-income lhmilies; and Whereas, the City recognizes the need to provide incentives for private d~velopment of affordable housing; and Whereas, the City recognizes the importance of assisting lower-'mcome households to obtain ownership of their own hom~s; and Whereas, the Until States Congress, the Secood District Congresdonal Representative and the Department of Housing and Urban Development have made avsilable to the City Special Propose ilonsing Grant funds in the amount of $700,000, and Whamas, activities administered by the Housing Services Division to carry out the objectives of a strategy to meet these housing needs have been approved as part of the FY 1993 Capitol Improvements Budget. NOW, TBEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized and directed to submit an application to thc US Depamnent of Housing and Urban Development for Special Purpose Housing Grant funds. Section 2. The City Manager is hereby authorized and directed to forward said appEcation, certificafons and resulting standard executed con.act in a timely fashion to the Department of Housing ned Urban Development. Passed, approved and adopted this 16th day of Ma~h, 1992. Attest: Mary A. Davis City Clerk Councli Member James E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Ktuesner. Ctmled by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Voetberg. Nays--Council Members Dc/ch, Nagle. Communication of Acting City Manager requesting approval of a Project Agreement with the Iowa Depa~nent of T~nespoflmion for the resuffacing of Cenlral Avenue from 20th Street to 32nd Street, presented and read. Coundl Member Kluesner moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas---Mayor Brady, Counc'fl Members Deich, Kluesner, Kring, Nagl¢, Nicholson, Voetberg. Nays--None. Regular Session, March 16, 1992 102 RESOLUTION NO. 85-92 RESOLUTION APPROVING PRE- CONSTRUCTION AGREEMENT WITH THE IOWA DBPARTMENT OF TRANSPORTATION FOR THE REHABILITATION OF CENTRAL AVENUE FROM 20TH STREET TO 32ND STREET Whereas, the city of Dubeqne proposes whabilhation of the existing pavement on Central Avenue from 20th SUe, et to 32nd Street; and Whereas, Central Avenue (U,S. 52) is an element of the State's i~ims~y transportadon system through the City of Dubuque; and Whereas, under the Maintenance Ag~v. ement executed between the City of Dubuque ned the Iowa Depamnont of Transportation, I.D.O.T. is responsible for the maintenance of the travelled portions of this roadway; and Whereas, I.D.O.T. has agreed to reimburse the City in the amount of $275,000.00 for this ~ehabilitation project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be authorized and directed to execute two copies of the preconstruedon agreement identified as I.D.O.T. Agreement 92-16-065 with the Iowa Dapartm~nt of Transportation relating to the resurfaclng of Central Avenue from 20th Street to 32nd Street. Passed, approved and adopted tids 16th day of March, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor adoption of the Resoledon. Seconded by Council Member Nnglc. Can'ied by the following vote: Yeas--Mayor Brady, Council Members De,ch, Kluesner, Kriag, Nnglc, Nicholson, Voe00erg. Nays--Neoe. Council recessed at 9:00 lxm.; Council reconvened at 9:21 p.rm Vefoal petition of Council Member Dan Nicholson requeating clarification of whether Keyline buses can he re-manufacttu~l without wheel chair lifts. Council Member Nngle moved to d~fer this d~cuesion for two wnek~ allowing tin~ for Stuff to document ata~ement~ made at budget tin~. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Coun~'d Memhera Dnich, Kluesner, Kriag, Nagle, Nicbulson, Voe0~rg. Nays--None. RESOLUTION NO. 86-92 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with thc provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, he granted a permit to sell Cigarettes and Cigarette Papers within said City. David R. Fuerstenb~g Cozy Comer 201 East 22nd St. Passed, approved and adopted this 16th day of March 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Mcmher Nagle. Carried by the following vote: Yea~--Mayor Brady, Council Memhers Deich, Kluesner, Krieg, Nngle, Nichoison, Voetherg. Nays None. RESOLUTION NO. 87-92 Whereas, Applications for Beer Permitz have been submitted ami filed to this Council for approval and the same have been examined and approved; aed Whereas, The peemises to he occupied by such applicants were inspacw, d and found to comply with the OMinances of this City and have filed proper bonds; NOW, TltERFAnORE, BE IT RESOLVED BY TIIE 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 "BE" BEER PERMIT B & M Convenimt Mart Oky Deky # 7 Sunday Sales 3301 petmsylvania 103 Regular Session, March 16, 1992 Passed, oplnoved and edopted this 16th day of Mawh, 1992. Atlest: Mary A. Davis City Clerk Council Member Jara~s E. Bredy Mayor edoptino of the Resolution. Seconded by Council Member Nagin. Cmied by the following vote: Yea~--Meyor Brady, Council Members Dnich, Kluesanr, Vaing, Nagle, Nicholsou, Voutherg. Nays~-Noue. RESOLUTION NO. 88-92 Whereas, applications for Liquor Licenses have been submioed to this Coancil for approval and the san~ have been examined and approved; and Whereas, thc p~mises to he occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bends; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mmmger be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSB The Yardarm, Inc. yardarm RcmtwamfBar Sunday Ssles 1201 Dubuque Auie # 568 Orde~ of E~gtes Eagles Club ~5 W. Oh St. CLASS "E" LIQUOR LICENSE B & M Convenimt Mart Oky Doky # 7 3301 pomsylvania Passed, approved and adopted this 16th day of March, 1992. Attest Mary A. Davis City Clerk Council Member James E. Brady Mayor Kluesnes moved adoption of the Resolution. Secoudad by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Rluesner, Krieg, Nag)e, Nicholson, Voetberg. Nays--None. Proof of Publication certified tte by the Publisher on Notice of Public Heating to consider vacating and disposing of City's interest in property te he known as Lot 197A in the City of Dubuque, preseat~l and Council Member Vo~therg moved that the proof of publication be received and filed. Seconded by Council Member Na~lc. Carried by tho following vote: Yeas--Mayor Bredy, Council Members Kinesner, Kring, Nagie, Nichol~on, Voetberg. Nays~Council Member Deich. An Ordinance Vacating a po~ion of Second Street adjacent to U.S. Highway 61, said Ordinance having been prescn~eA and ~ at the Council Meeting of March 2, 1992, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 23-92 ORDINANCE VACATING A PORTION OF SECOND STREET ADJACENT TO U.S. HIGHWAY 61 Whereas, Fischer Investment Comixany, et al have requested thc vacating of a portion of Secoud Street adjacent to U.S. Highway 61; and Whereas, thc Engineering Division of thc City of Dubuque Department of Public Works has prepared and submitted to the City Council a plat showing tho vacated po~don of Second Street adjacent to U.S. Highway 61 and assigned lot numbers thereto, which her&naftes shall be known and described as City Lot 197A, in the City of Dubuque, Dubuque County, lows; Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Second Stxeet is no longer Regular Session, March 16, 1992 104 required for public use, except for utility easements as noted, and vacating of said portions of Secoud Street known as City Lot 197A in the City of Dubuque; Dubuque County, lows should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lou 1. That the reni estate described es City Lot 197A in thc City of Dubuque, Iowa, be and the same is hereby vacated. Section ~. The City of Dubuque reserves unto itself a perpetual ~asement including the right of ingress and egress thereto, for the purpose of erecting, installing, constmcilng, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainngc, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Passed, approved and edop~ed this 16th day of March, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 20th day of March, 1992. Mary A. Davis It 3/20 City Clerk Council Member Voetberg moved final adoption of the Ordinance. Seconded by Council Member Nagle. Canled by the following vote: Yeas---Mayor Brady, Council Members Kluosner. Krlng, Nagle, Nicholson, Voetherg. Nays--Council Member Dnich. RESOLUTION NO. 89-92 Wberea~, pursuant to resolution and published noilce 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 6th day of March, 1992, the City Council of the City of Dubuque, Iowa met on the 16th day of March, 1992, at 7:30 p.m. in the Public Library Auditorium, llth and Locust, Dubuque, Dubuque County, Iowa to consider the proposal f~ the sale of wal estate City Lot 197A in the City of Dubuque, lows Whereas, thc City Council of the City of Dubuque, Iowa oven'uled any and all objections, oral oc written, tO the proposal to dispose of interest of the City of Dubuque, Iowa, except for easements es noted, in the hereinabove described real estete to thc Fischer Investment Company, et al. NOW TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seetlon 1. That the disposal of the interest of thc City of Dubuque, Dubuque County, Iowa in mai property desctibed as City LOt 197A in the City of Dubuque, Iowa to the Fischer lnvcsm~ent Company, et al he and the same is hereby approved for the sum of $10.00 and other good and valuable consideration; conveyance shall he by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the fight of ingress and egress therete, for the purpose of erecting, insulting, construction, recons~cting, repairing, owning, operating, and mainlining water, sewer, drainage, gas, telephone, t,v. cable, and nieclric lines as maybe authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and ia hereby authoriz~l and directed to deliver said deed of conveyance tO the above named grante~s upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to ~cord a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County T:~easurer. Passed, approved and adopted this 16th day of March, 1992. Jarms E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Secooded by Council Member Nagle. Carried by the following vote: Ye~s--Mayor Brady, Council Members Kluesner, lC4eg, Nngle, Nicholson, Voetberg. Nays--Council Member Dhich. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider vacating and disposing of City's 105 Regular Session, March 16, 1992 intm~at in ptolXmy to be known aa Lot 195A in the City of Dubuque, pw~nted and read. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carded by the following vote: Yeza--Mayor Brady, Council Members Kluesuer, Krieg, Nngle, Nichoison, Voetberg. Nays--Council Member Deich. An Orthnance Vacating a portion of Iowa Street from 2nd Steer North to 3rd Stxcct, said Ordinance having been presented and read at the Council Me~fing of March 2, 1992, presented for final nction. (OFIqCIAL PUBLICATION) ORDINANCE NO. 24-92 ORDINANCE VACATING A PORTION OF IOWA STREET FROM 2ND STREET NORTIi TO 3RD STREET Whereas, Fischer Investment Con'~any, et al has requested the vacating of a portion of Iowa Street from 2nd Sire. et north to 3rd Slreet; and Wh~maa, the Engin~fing Division of the City of Dubuque Department of Public Works has Ixepered and submitted to the City Council a plat showing the vacated portion of Iowa Street and assigned lot numbers tbe~to, which hereinaft~ shall be known and dm~ibed as City Lot 195A, in the City of Dubequ~, Dubuque County, Iowa; Wbereas, tbe City Council of the City of Dubuque, Iowa has deamnined that this po~ion of Iowa S~awt is no longer requi~d for public us~, exc~pt for utility easements as noted, and vacating of said pendens of Iowa Smut known a~ City Lot 195A in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the mai estate dmcribed as City Lot 195A in the City of Dubuque, Iowa; be and the same is bepsby vacated. Section 2- The City of Dubuque wserves unto itself a perpetual easement including the right of ing~ss and ngrms thereto, for the purpos~ of e~ting, installing, constructing, ~v~consffunting, ~palrlng, owning, operating, and maintaining watm, sewer, drainage, gas, telephone, t.v, cable, and electric lines as may be amhofized by the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of March, 199Z Attest: Mary A. Davis City Clerk James E. Brady Mayor Published officially in the Telegraph tlerald newspaper this 20th day of Mm'ch, 1992- Mary A. Davis It 3/20 City Clerk Council Member Vo~tberg moved final adoption of the Ordinance. Seconded by Council Member Kluesncr. Canied by tho following vole: Yeas--Mayor Brady, Council Members Kluesner, IC, ing, Nagle, Nicholson, Vontberg. Nays--Council Membea' Deich. RESOLUTION NO. 90-92 Wbel~as, 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 6th day of March, 1992, the City Council of the City of Dubuque, lows met on the 16th day of March, 1992, at 7:30 p.m. in the Public IAbrary Auditorium, llth and Lueust, Dubuque, Dubuque County, Iowa to conalder the proposai for the sale of ~ estate City Lot 195A in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all obje~tlons, o~al ~ written, to the proposal to dispose of interest of the City of Dubuque, Iowa, except for e~emonts as noted, in the heminabove described real estate to tho Fischer lnvestm0nt Company, et al. NOW THEREFORE, BE IT RESOLVED BY THE 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 City Lot 195A in the City of Dubuque, Iowa to Fischer Invesm~nt Company, et al be and the same is hereby approved for tho sum of $10.00 and other good and valuable Regular Sess~on, consideration; conwyanoe shall be by Quit Claim Deed. Section 2- The City of Dubuque reserves unto itself a paq~etaal easement including the right of ingress and egress thereto, for the propose of erecting, installing, consmiction, reeonslmcting, repairing, owning, operating, and maintaining water, sower, drainage, gas, telephone, tv. cable, and niecuic lines as may be authorized by the City of Dubequ~, Iowa. Section 3. That the Mayor be authorized and dlr~ted to execute a Quit Claim Deed, and tbe City Clerk be and is hereby autbefizmi and diteoted to deAiver said deed of conveyance to the above named grantees upon recnipt'of the purchase price in full. Section 4. That the City Clink be and is hereby authorized and directed to recent a cerdfied copy of this resolution in the Office of the City Assessor, Dubuque County Records and the Dubuque County Treasmer. Passed. approved and adopted this 16th day of March, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voetberg moved adoption of the Resolution. Sex, ended by Council Member Kluesuer. Carried by the following vote: Yeaa--Mayor Brady, Council Members Kluesuer, Krieg, Nag, lc, Nicholson, Vootberg. Nays~ouncil Member Dcich. Communication of Acting City Manager requesting authorization to submit a State Transit Assistanca FY 1993 Application and FFA Section 9 FY 1993 Operaling/Capital Assistance Application and sot the public hearing for May 4, 1992, ptmented and read. Council Member Voet~ag moved that the communication be received and fried and set Hearing for May 4, 1992 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 Kluesner. Canied by the following vote: Yeas-- Mayor Brady, Council Members Ddich, Kinesner, Kring, Nngle, Nicholson, V~tberg. Nays--None. A Resolution Authorizing the Filing of applications with the Dapartm0nt of Transportation, United States of America, for grants under thc Urban Mass Trunspor-tetion Act of 1964, a~ smeeded, presented and March 16, 1992 106 read. Council Member Voetberg moved that action on the Resolution be tebled to the Public Hearing on May 4, 1992 at 7:30 p.m. and that the City Clerk publish notice in thc manner prescribed by hw. Sec~mded by Council Member K[uesner. Can'ied by the following vote: Yeas---Mayor Brady, Council Members D~ch, Kluesuer, Kring, Nngle, Nicholson, Voetherg. Nays---None. RESOLUTION NO. 91-92 RESOLUTION AUTHORIZING THE FILING OF A CONSOLIDATED GRANT APPLICATION FOR OPERATING ASSISTANCE FROM THE STATE TRANSIT ASSISTANCE PROGRAM AND AUTHORIZING THE ENTERING INTO OF A CONTRACT WITH THE IOWA DEPARTMENT OF TRANSPORTATION NOW TttEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L 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 2.1627 percent of formula funds (approximately $118,947) from the State Transit Assistance Program and is further authorized to enter into a contract with the Iowa Department of Transportation for such operating assistance. Section 2. That the Transit Manager is hereby authorized to furnish such additional information aa the Iowa Department of Transportation may require in conneotion with such grant applications. Passed, approved and adopted this 16th day of March, 1992. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kinesner. Can'ied by the following vote: yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Naglc, Nichoison, Voetberg. Nays---None. Communication of Zoning Commission advising of their approval of PR Planned Residential District for property located at Southeast corner of Kaufmann Avenue/ Chancy Road, presented and reed. Council Member Kluesner moved that the 107 Regular Session, March 16, 1992 communication be removed and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Bredy, Council Members Deich, Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays--Noun. An Ordinance Amending Zoning Ordinance by zeclassifying property located on the Southeast cornar of Kanfmann Avenue and Chancy Road from R-4 Multi- Family Residential District to PR Planned Residential District and adopting a Conceptual Devalopmunt Plan, presented and read. Council Member Kluesner moved that this be conside~r.d the first vrnaling of the Ordinance, and that tho requirement that a proposed Ordinance be considozed and voted on for passnge at two council heelings Inlet to the meeting at which it is to be finally adopted be suspended and fuVher moved that n Public Heating be held on the Proposed Ordinunce on the 6th day of April, 1992 at 7:30 p.m. in the Public Library Auditorium and that the City Cie~k publish notice in the manner prescribed by law. Seconded by Council Member Nichotson. Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klueuner, Kfiag, Naglc, Nicholson, Voetherg. Nays--None. Communication of Zoning Commission advising of their approval to amend the Conceptual Development Plan for properties located at 3500 Dodge Street (Warren Plaza), presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by tho following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Krieg, Nnglo, Nicholson, Voetberg. Nays--None. An Ordinance Amending Ordinance 43-91 by providing for un expansion of Target in Warren Plaza PC Planned Comn~rcial District at 3500 Dodge Stmat, presented and read. Council Member Kluesunr moved that this be considered tho first reading of thc Ordinance, and that thc ~qnirement that a proposed Ordinance be comtidered and voted on fo~ passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and fmther moved that a Public Hearing be bald on thc proposed Ordinance on the 6th day of April, 1992 at 7:30 p.n~ in the Public Li~aty Auditorium and that the City Clerk publish notice in the manner prescribed by inw. Seconded by Council Member Kfiag. Carded by the following vote: yeas--Mayor Brady, Council Members Dcich, Klununer, Krieg, Nagle, Nichnison, Voetberg, Nays--None. Petition of Country Heights Purmarships, requesting release of easement on the former land making up Country Springs Sub. #2 and communication of Acting City Manager advising of approval to vacate a portion of an existing 10 foot wide utility easement of Country Springs Subdivision, presented and reed. Council Member Vootberg moved that the petition and communication be tef.:eived and filed. Seconded by Cconcll Member Nichol~on. Canied by the following vote: yeas--Mayor Brady, Council Members Dnich, Kluesnor, gxing, Nngle, Nichnison, Voetberg. Nays--None. RESOLUTION NO. 92-92 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND RELEASE A PORTION OF AN EXISTING 10 FOOT WIDE UTILITY EASEMENT ON PROPERTIES FORMERLY KNOWN AS LOT 3 BLOCK 1 AND BLOCK 2 OF COUNTRY SPRINGS SUBDIVISION IN THE CITY OF DUBUQUB, IOWA (NOW KNOWN AS PORTIONS OF LOTS 5, 6, AND 9 IN COUNTRY SPRINGS SUB-DIVISION NUMBER 2, LOT 6-3 AND 8-3 OF BLOCK 1 OF COUNTRY SPRINGS SUB- DIVISION, AND PORTION OF PASADENA DRIVE) Whereas, Country Springs Partnership is the developer of properties formea'ly known aa Lot 3 Block I and Block 2 of Country Springs Subdivision in the City of Dubuque, Iowa (now known as portions of Lots 5, 6, and 9 iti~CountrY Springs Subdivision Number 2, Lot 6-3 and 8-3 of Block I of Country Springs Subdivision, and portion of Pasadena Drive); and When~as, a 10 foot wide utility ceserr~nt is currently platted on said lots; and Whereas, Country Springs partnership has petitioned to v~w. ate an unused puCdon of an existing 10 foot wide utility easement in said lots as shown on the attached Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tho City of Dubuque, Iowa intends to dispoae of its inter~st and release an unused portion of an existing 10 foot wide utility easement on propexllcs formerly known as Lot 3 Block 1 and Block 2 of Country Springs Subdivision in the City of Dubuque, Iowa, (now known as portions of Lots 5, 6, and 9 in Counlry Springs Regular Session, March 16, 1992 108 Wbelgas, a 10 foot wide utility easement is cur~ntly platted on said lots; and Wbereas, Counlxy Springs Partnership has petitioned to vacate un unused portion of an existing 10 feet wide utility ezsement in said lots as shown on the attached Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the City of Dubuque, Iowa intends to dispose of its interest and release an unused portion of an existing 10 foot wide utility easement on properties formerly known as Lot 3 Block 1 and Block 2 of Countxy Springs Subdivision in the City of Dubuque, Iowa, (now known as portions of Lots 5, 6, and 9 in Country Springs Subdivision Number 2, Lot 6-3 and 8-3 of Block I of Countxy Springs Subdivision, and portion of Pasadena Drive) as shown on the attmghed Exhibit Section 2, That the City Clerk be and is hereby authorized and direoteat to cause a notice to be published as prescribed under Section 364.7 Code of Iowa. Passed, approved and adopted this 16th day of Mar~h, 1992, Attest: Mary A. Davis City Clerk Iar~s E. Brady Mayor Council Member Voetberg moved adoption of the Resolution and fro-thor moved that it be set for Hearing on April 6, 1992 at 7:30 p.n~ in the Public Librmy 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, Kdeg, Nngle, Nicholson, Voetberg. Nays--None. Communication of Acting City Manager advising of approval to vacate portion of alley located between Rhomberg Avenue and Lincoln Avenue from Hamilton Sueet to Whittier Sleet as requested by Holy Trinity Catholic Church, presented and ~d. Council Member moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesne~, Kring, Nag)e, Nicholson, Voetberg. Nays---None. RESOLUTION NO. 9~-92 Ri~qOLUTION APPROVING PLAT OF PROIN~SED VACAI~A) ALLEY BETWEEN RHOMBERG AVENUE AND LINCOLN AVENUE FROM HAMILTON STREET TO WHITTIER STREET Whereas, them has been presented to thn City Council of the City of Dubuque, lowa, a plat dated March I0, 1992, prepared by Bunsing & Associates, describing the proposed vacated alley between Rhomberg Avenue and Lincoln Avenoc from Hamilton Stxeet to Whittier Street; and Wharces, said Flat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated March 10. 1992, prepared by Buesing & Associates, relative to the ~ estate herdunbove described be and the same is hereby approved, and lhc Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of tbe City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and ce~ifled copy of this ~esointion in the office of the Recozder, in and for Dubuque County, lows. Passed, approved and adopted this 16th day of Ma~ch, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. S~oaded by Council Member Nicholson. Cra'fled by the following vote: yeas~Mayor Brady, Council Membe~ Deich, Kluesner, Kriag, Nngle, Nicholson, Voetherg. Nays--None. An Ordinance Vaca~ng thc alley between Rhomberg Avenue and Lincoln Avenue from hamilton Stleet to Whittie~ Street (to be known as Lot 466A and Lot 467A of Ham's Addition), presented and read. Council Member Vcetheag moved that this be conaideav, d the first reading of 109 Regular Session, March 16, 1992 Where~s, the Holy Tdnlty Catholic Chm'ch has ~quested the vncating of an alley between Rbemberg Avenue and Lincoln Avenue from Hamilton Stxcet to Wbltfi~r Street; and Whereas, Buesing & Associates has pirated and submitted to the City Council a plat showing the vacated alley between Rhomberg Avenue and Lincoln Avenue from Hamilt~ Street to Whi~cr Struet and assigned lot numbers thereto, which harninaEcr shall be known and desc~had as Lot 4~A and Lot 467A of ltam's Addition in the City of Dubuque, Iowa; and Whereas, il~ City Coun~ of thc City of Dubuque, Iowa has dcter~r~ned that this alley between Rhomberg Avenue and Lincoln Avenue from lla~ton Strut to Whltticr Strut is no longer ~lnired for public usc, and vacating and sale of alley known as Lot 4~A and 4~7A of Ham's Addition in the City of Dubuque, Duhuqt~ County, Iowa should be approved. NOW Ttt~OP~, BE IT P~SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Snctlon L That thc City of Dubuque intends to dispose of its inte~st in Lot 466A and 4~7A of Ham's Addition in the City of Dubuque, Iowa. Sncthin 2~ That the conveyance of Lot 4~6A and 4~7A of Ham's Addition in the City of Dubuque, Iowa to Holy Trinity Catholic Church be contingent upon the payment of $800.00, plus platting, publication and filing fc~s. Se~inn 3. That the City Clerk be and is heseby authorized and di~c~i to cause a notice of intent to dispose of said reui estate to be published in the manner as psesoribed by law. Passed, approved and adopted this 16th day of March, 1992. Attest: Mary A. Davis City Clerk Council Member James B. Brady Mayor Voetberg moved edoptioa of the Resolutior~ Seconded by Council Member Nicholson. Canled by the following vote: Ye.~--Mayor Brady, Council Membeza Deich, Kluesner, Kfieg, Nngle, Nicholsen, Vootharg. Nays--Nene. MINUTES SUBMITTED -- Cable Community Teleprngrammlng Commission of 3-3; Historic Preservation Cmnmission of 2-12 & 2-21; Housing Task Force and the Housing Commission of 2-11; Investment Task Force of 2-25, 2-26 & 3-3; Library Ben~d of Trustees of 2-27; Long Range Planning Commission of 2-18; Park & Recarentien Commission of 2-11; Zoning Commission of 3-4, presented and read. Couuefl Member Dnich moved that the minutes be received and filed, Seconded by Council Member Nicholson. Carried by the following vote: Yens---Mayor Brady, Counoil Members Dcich, gluesner, Krieg, Nngle, Nichoisen, Voetherg. Nays--None. NOTICES OF CLAIMS/SUITS: Donald Esser in amount of $99.38 for vehicle damages; State Farm Mutual Automobile Insurance Company, on behalf of their client John Ointer, requesting raimbursen~nt of claim paid in totai amount of $1516.33; Many Helle ConsC in amount of $60.90 for vehicle damages; Nick Hancock in amount of $192,62 for vehiuie damages; Randail Rogers in estimated amount of $240.00 for vehicle damages, presented and read. Council Member Deich moved that the claims and suits be referred to the Lngai Staff for investigation and report. Seconded by Council Member Nicholson, Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesuer, Kring, Nngle, Nichoisou, Vo~tberg, Nays--N~oe. Communications of Corporation Counsel recommending settlements of foilowing claims: Tim damage claim of Dean Bush in amount of $85,00; Clothing damage claim of Cheryl Robr in amount of $24.99, presented and read. Council Member Doich moved that the conununicatiens be received and filed and setllen~nt approved with Finance Dire.~tor to issue checks. Seconded by Counnil Member Nicholson. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Kluesuer, Krlng, Nngle, Nicholson, Vootberg. Nays--None, Communications of Corporation Counsel advising of refen'al of following claims to Crawford & Corrvimny, the agent for the lowa Communities Assurance Pool: Car damage claim of Vince EllioR; Personal injury claim of Mark J. Cmedken; Personal injury claim of Germaine O'Meara and Car damage claim of Dennis A. Pm'r, l~sented and read. Council Member Duich moved that the communications be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-TMayor Brady, Council Members Dcich, Kluesuer, Regular Session, March 16, 1992 110 Kring, Nngle, Nicholson, Vo~tharg. Nays---None. Communication of Corporation Counsel recommending denial of propel~ damage claim of Harold A. Blakomue, presented and mad. Council Member Daich moved that the communication ha mcuived and filed and denial approved. Seconded by Council Member Nicholaon. Canied by the following vote: Ye, as-~Meyor Brady, Council Members Doich, Kluesner, Kving, Nngle, Nichoison, Vootberg. Nays---Noue. Proof of Publication certified to by the Publisher of List of Claims paid for month of Januery, 1992, p~sentsd and ~1. Council Member Deich moved that the proof be rwznived and filed. Seconded by Council Member Nichuisen. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesuer, Krlng, Nngle, Nicholson, Voetberg. Nays---None. REFUND REQUESTED -- Hoffman Hot~e Restaurant in the amount of $211.25 for unexpired Liquor License, presented and mad. Council Member Dcich moved that the refund be approved and Finanen Director to issue proper check. Seconded by Council Member Nicholson. Carried by the following vote: Ye~z--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nngle, Niehol~on, Voetberg. Nays--None. Petition of Scott Hen~sath requesting to vacate the alley on Cherty SC east of Asbu~ Rd., pre~nted and read. Council Member Duich moved that the petition be refened to City Manager and Staff for investigation and report Seconded by Council Member Nic, holson. Carried by the following vote: Yeas--Mayor Brady, Council Members Duich, Klnesn~r, Kring, Nngle. Nichdisun, Voetberg. Nays--None. Petition of Kenneth and Carol Simon requesting vacation of 100 feet of an alley located near their property at 1909 Elizabeth Place, presented and read. Coundl Member Deleh moved that the petition ha refened to City Manager and Staff fc~ investigation and report. Seconded by Council Member Nichol~on. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Kring, Nagle, Nicholaon, Voetberg. Nays-None. Conmaunicalion of Corporatien Counsel advising of rele~e of w~chenic's lien on the Locust Street Parking Revenue & Contsol Equipment project as placed by Moldt Electric Seawice, Inc., inesentsd and read. Counuil Member DUIch moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Nngle, Nicholson, Voetberg. Nays--None. Communication of Iowa DOT subafining notice in the mattsr of condemnation of certain lensehold rights in adver{~ing devices by IDOT for the improvement of Primary Road U.S. 20 on prope~y used by Frank Hardie Advert%lng, Inc., presentsd and read. Council Member Daich moved that the communication be received and filed. Seconded by Council Member Nicholson. Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich. Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays--None. Communications of Iowa Department of Transportation advising of their intent to sell land known as Parcel Nos. 204~ 206, 213; parcel No. 271 and Parcel No. 262; said properties no longer needed for highway purposes, presented and ~d. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Nicholson. Cnn'led by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays--None. Communication of Zoning Commission advising of their appmvai of a final plat for Oak Meadows Second Addition located on Brunsklil Road, presented and reed. Council Member Veetberg moved that the communication be received and filed. Seconded by Council Member Krlng. Carded by the foliowing vote: Yeas--Mayor Brady, Council Members Kluesner, Kring, Nicholson, Voetberg. Nays--Council Member Deich, Nagle. RESOLUTION NO. 95-92 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 and 2, AND LOT A OF BLOCK I ALL OF OAK MEADOW SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a finai plat Lots 1 and 2 and Lot A of Block 1 all of Oak Meadow Second Addition in the City of Dubuque, Iowa; and When. as, upon said final plat appear certain public utility, sanitary sewer and watsr main easements which the Owners by 111 Regular Sssslon, March 16, 1992 said final plat have dedicated to the public louver, and Whereas, upon said final plat appear a private street W be known ns Deerwood Circle, W be owned by and mainmlned to city standards at the sclc expense of the owner or succ~sors as assigned; and Whereas, said final plat has been examined by the Zoning Commission and had its approval endorsed theseon s ub~F, ct the owner(s) ngreoing to the conditions noted in Section 2 below; and Whel~as, said final plat has been examined by the City Council and they find that it conforms to the statates and ordinances relating 1o it, except that no sUeets or public utilities have yet been constructed or installed; and Whereas, the City Council concurs in the conditions of approval established by the Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of the easements for puliic utilities, sanitary sewer, and water mains as they appear upon said final plat, be snd the same are hereby accepted; and Se~lon 2, That the plat of Lots I and 2 and Lot A of Block I all of Oak Meadow Second Addition is hereby approved and the Mayor and City Clank are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property bernin named, execute their written acceptance hereto attached agreeing: a. To reduce Deerwoed Circle to grede and to construct co~crete curb anti gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications; all in a manner acecptabla to the City Engineer and in conformance with construction improvement plans approved by the City Engineer. b. That all improvon~nts to said property conform to the Conceptual Development Plan of Oak Meadow Planned Residential District and its amandn~nts as approved by the Dubuque City Council, Ordinance No. 25-91 and construction improvement plans approved by thc City Engineer. c. To constract said improvements, except sidcwaiks, prior to one year from the date of acceptance of this resolution, at the sole expense of thc subdivider, as owner, or future owner;, d. The City of Dubuque, Iowa shall have a perpetual easement to enter, and pass over and upon said leal property in Lots 1 and 2 and Lot A of Block I of Oak Meadow Second Addition in the City of Dubuque, Iowa for such ordinary maintenance arc regular and customarily provided by the City of Dubuque, Iowa, in the services or duties which thc City of Dubuque, Iowa, may be obligated by Law to perform on said premises. e. That the streets and parking areas located in Lots 1 and 2 and LOt A of Block 1 of Oak Meadow Second Addition, in the City of Dubuque, Iowa, shall be private streets and parking areas and shail be held with other common property shown upon the plan within the j utisdiction of and further providing that the city may to provide ncc~ssary emergency which it may be obligated by law to perform on the premises; that the city may enter the street and performance private owner fails to do so, and assess all costs to that owner(s). f. All assessable costs for maintenance or service, described herin, performed by the City of Dubuque, Iowa, on, or directly benefitting LOts 1 and 2 and Lot A of Block 1 in Oak Meadow Second Addition iu the City of Dubuque, Iowa, shall be assessed assigned and a lien placed upon said reai prope~y. g. To install temporary cdi-de-sac(s) as shown on the approved consWaction improvement plans. And further provided that said James W, Stock and Nancy S. Stock, as owners of said property, shall secuw the performance of the foregoing conditions provided in Section 2 Regular Session, March 16, 1992 112 by providing secmity in such fc~m and with such sureties ~s n~y be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. That in tile event thc owncx~ shall fall to execute the acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the date of the Resolution, the provisions he~eof shall be null and void and approval the plat shall not be effective. Passed, approved and adopted lids 16th day of March, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 95-92 We, the undersigned, James W. Stock and Nancy S. Stock, having read the terms and conditions of the Resolution No. 95-92 and being familiar with the conditions thereof, hescby accept this same and agree to the conditions required tbemin. Dated in Dubuque, Iowa this 20th day o£ March, 1992. By/s/James W. Stock By/s/Nancy S. Stock TO: Mary A. Davis City Clerk This is to certify that the requited security for the foregoing Resolution No. 95-92 has been properly filed in accordance with terms of Reaniution. Dated at Dubuque. Iowa this 20th day of 1992. M~xch, /s/Stephani Joh~ Acting City Manager Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member ICaing. Canied by thc following vote: Yeas---Mayor Brady, Council Members Kluesner, Kring, Nicholson, Vectberg. Nays---C~un~d Members Delch, Nagle. 10:08 p.m. Conndl Member Voetherg moved that it be resolved to go into Closed Session ill accordance with Chapter 21.5 l.fj) of the 1991 Code of Iowa to discuss thc purchase of pe~icuhir real estate where prcmatme disclosure could be reasonably expected to increase thc price the governmental body would have to pay for that property, Seconded by Council Memba' Nngla. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich,~ Kluesner, Kring, Nagie, Nicholson, Voetberg. Nays---None. 10:24 p.m. Council reconvened regular session. Mayor Brady stated direction had been given to Staff. There being no further hasiness, Council Member Voetecrg moved to ndjotwn. Seconded by Council Member Khiesner, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfiag, Nngle,' Nicholson, Voetberg. Nays--None. Meeting adjoun~d at 10:25 p.m. Mary A. Davis City Clerk 112a Special Session, March 23, 1992 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, March 23, 1992. Council Met At 4:30 p.m. Conference Reom "A" City Hall. l~esunt: Mayor Brady, Council Memhe~ Dblch, Riuesner, Naglc, Nicholson, Voetborg, Acting City Manager Stephnni Johnson. Absent: City Manager W. Kenneth Gearhart. Corporation Counsel Barry A. Lindahi, Council Member Kriag. Mayor Bredy read tho call and stated this is a Special Session Of the City Council cared for the purpose to Consider a Resolution Authorizing the Filing of an Application For FTA Section 9 FY 1993 Oporating/C~apitsl Assistance Application And Setting a Public Hearing For May 4, 1992. Communication of Acting City Manager requesting authorization to submit a ETA Section 9 FY 1993 Oporadngt~upital Assistance Application and selllng a Public Heating for May 4, 1992, presented and read. Council Member Kluesner moved that the communication be received and filed and set Public Heating for May 4, 1992 at '/:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in n~unr prescribed by law. Secoedad by Council Member Nagle. Can/ed by the following vote: Yeas--Mayor Brady, Council Memhnrs Delch, Klunsner, Nagle, Nicholson, Voetberg. Nays--None. Absont~Councll Member Krlag, RESOLUTION NO. 96-92 RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964~ AS AMENDED Whereas, the Secretmy of Transportation is authorized to make grants for a mass Iransportafion program of projects; and Whereas, the contract for financial assismaco will impose certain obligations upon the applicant, including the provision by it of tbe local share of the project costs in thn pengram; and Whereas, it is required by the U.S. Department 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 Trenspo~ation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1~64 aud the U.S. Department of TrunSlXmmion requiremunts thereunder;, and Whereas, it is the goal of the applicant that ninority business enteqnise be utilized to the fullest extent passible in connection with these projects, and ~hat definitive procedmcs shall he established and administered to ensure that minority business shall have the m~ximum construction contract, supplies, equipment contracts or consultant and other services. NOW TI~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Duhnqan is authorized to execute and file apl~ications on behalf of the City of Dubuque with tho U.S, Depamnent of TrunSlXWtation to aid in the financing of an operating assislauce project and the capital financing pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. Section 2. That the Mayor of the City of Dubuque is authorized to execute and file with such applications an assurance or uny other document required by the U.S. Dupm'tmunt of Transportation effectuating the purples of Title VI of the Civil Rights Act of 1964. Section 3. That the Transit Manager is authorized to furnish such additionai information as the U.S. Depamnunt of Trenslx~tation may require in connection with the application for the program of Section 4. That the Mayor of the City of Duhnqun is authorized to set forth and execute affirmative minority business policies in confection with the p~am of projects prcoumnont needs. Special Session, March 23, 1992 112b Section 5. That the Mayor of the City of Dubuque is authorized to execute grant ng~emunts on behalf of thn City of Dubuque with the U.S. Department of Transpermgon for aid in the financing of the operating und capital assistance program of poajects. The undersigned duly q~ified and acting Mayor of the City of Dubuque certifies that the foregoing is a m~e and correct copy of a resolution, adopted at a legally convened meeting of the City Council of the City of Dubuque, Iowa. Passed, approved and adopted this 23rd day of March, 1992. Iam~s E. Brady Mayor Attest: Mmy A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nngle. Carried by the following vote: Yeas~Mayor Brady, Council Members Daich, Kluesner, Nag,10, Nicholson, Voetberg. Nays--None. Absent--Council Member Krieg, There being no further business, Council Member Vo~tberg moved to adjourn the me~ting. Seconded by Council Member Klu~sner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfiag, Nagie, Nicholson, Voethnlg. Nays--None. Meedng adjourned at 4:42 p.w. Mary A. Davis City Clerk 1993. Attest: