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1993 April Council Proceedings Regular SeSSion, April 5, 1993 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, City Council, April 5, 1993; Council met at 7:30 p.m, Public Library Auditorium Present: Mayoc Brady, Cuuncil Membera Delch, Kluesner, Krieg, Nagle, Nicholson, Voetbeq¡, City Manager MIchael Van MIlligen, Cocporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated dús Is the Regular Monthly Meeting of the City Council called foc the pwpose to act npon snch huslness which may properly come before the Council. Invocation was given hy Rev. Stepben Bibb, Co-Pastor of Faith United Methudlst Church. PROCLAMATIONS - Month of April as "Fair Housing Month" received by Steve Rackis; Week of April 11-17 as "Week of the Mlasing Child" received by Dick Osterberg; Week of April Ig-24 as "National Library Week" received by Nicky Stanke; April 25 as "Kaleidoscope International Fair Day" received by Sandralee Scott; Commending Students of Clarke College for Demonstrating Snpport hy participating In the 1993 Hunger aeanup Student Campaign against Hnnger, received by Rebecca Jobl and Ann Dalton. There was a presentation of a CertifiCate of Appreciation to a City Employee Mary Rose Corrigan. Council Member Nagle moved to suspend the rules to allow anyone present to address the Council If they so desire. Seconded by Council Member Nicholson. Carried by the following vote: Yea&-Mayoc Brady, Council Membera Deich, Klueaner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider an Ordinance reclassifying peeperty located at the Northeast corner of Hartison and Camp Sb'eets from L1 to CS and Wholesale Dislric~ presented and read. There were no written ohjections and no ocal objectora present at the time of the Hearing. Council Member Nagle moved that the proof of pobllcation be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yea&-Mayor Brady, Council Membera Delch, Kluesner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. Phil Mlha1alds, 2096 Judson, requested favorable rezoning. An Ordinance amending Zoning Ordinance by reclassifying property located at the Northeast corner of Harrison and Camp Streets from L1 Light Induslrial Dislrict to CS CommercIal Service and Wholesale Dislric~ said Ordinance having been presented and read at the Council Meeting of 3-15-93, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO, 14.93 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, lOW A, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF TIlE CITY OF DUBUQUE, lOW A, BY RECLASSIFYING HEREINAFTER DFßCRlBED PROPERTY LOCATED AT THE NORTHEAST CORNER OF HARRISON AND CAMP STREETS FROM LI LIGHT INDUSTRIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hen:inafter described property from L1 Light ludustria1 Dislrict to CS Conunerciol Service and Wholesale Dislric~ to wit: The weat 124.65 feet of Lot I, the east 50 feet of Lot I, Lot 4, the southerly most 122.17 feet of the west 123.16 feet of the weat 123.65 feet of Lot 2, the southerly 122.17 feet of the east 50 feet of Lot 2, the southerly 113.76 feet of Lot 3, all In Block D of Induslrial Subdivision No. I and to the center line of the adjoining public right-of- way, all in the City of Dubuque, Iowa. 100 Regular session, April 5, 1993 OF DODGE STREET, AND WFßT OF LOCUST STREET FROM C.3 GENERAL COMMERCIAL, R.2A ALTERNATE TWO-FAMILY RFßIDENTIAL AND R. SINGLE- FAMILY RESIDENTIAL DISTRICTS TO POS PUBLIC OPEN SPACE DISTRICTS. NOW, TlIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as thc Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from C-3 Generol Commercial, R-2A Alternate Two-Family Residential and R-I Single-Fandly Resldentiol Dislricts to POS Public Open Space Dislricts, as per the attached Exhibit A. Sectiou 2. That the foregoing amendment has heretofore been reviewed by the Zoning Connnlssion of the City of Dubuque, Iowa. Passed, approved and adopted lids 5th day of April, 1993. James E. Brady Mayor Aueat: Mary A. Davis City aerk Published officially In the Telegraph Herald newspaper lids 12th day of April, 1993. Mary A. Dsvis CMC It 5/12 City aerk Council Member Voetheq¡ moved final adoption of the Ordinance. Seconded by Council Memher Nagle. Carried by the following vote: Yea&-Mayoc Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays-CnnncIJ Membera Deich. Council receased at 9:09 p.m; Council reconvened at 9:2g. Proof of Publication certified to by the Publisher on Notice of Hearing on Plans and Specifications for the Peru Road ReconSb'Uction Project from Jackson Street to the noctherly City IIndts; Proof of Publication certified to by the Publisher on Notice to Pmperty Owners of public hesring on Resolution of Necessity for projec~ Ce.ndficate of City aerk certifying notices were sent by certified mall to known property owners regarding public hearing, Communlearions of Buster Welty, Riehanl Elliott, Dennis Pos~ Merlin O. and EJaine H. Krn.ser, Helen Vorwald, Donold and Angeline Latham and Mike ShafIèr and Chris Luchsinger and Raymond Hughes objecting for various masons of the projec~ Mary Hedrick by Frank I. Hedrick submiulng an assessment deferment foc the Peru Road Reconsb'Uction Projec~ Petition of Arthur &; Palricia Freihoefer requesting removal of assessment in arnonnt of $952.64 as land has no value; Ccmmomcation of Attorney Scott Nelson, representing Mr. &; Mra. LaIn Gibbs requesting to address the Council to object to the proposed projec~ presented and read. Council Member Krieg moved that the proofs, certifica1e, communications and petition he received and filed. Seconded by Council Member Nicholson. Carried by tbe following vote: Yea&-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetooq¡. Nays-None. Buster &; Dorothy Welty, Dick Elliott, Wayne Vorwald, Raymond Hughea, Wayne Valentiue, Pat Crahan, Scott Nelson, Dave Link, MIke Shaffer, Dick Volentine, Dick Vorwald, all spoke to the proposed project A RESOLUTION Adopting Plans and Specs. for Peru Rosd ~ec~ A RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the Peru Road Reconslruction Project from Jackson Street to the Noctherly City Lindts, A RESOLUTION Ordering Bids for project and directing aerk to advertise for bids, presented and read. Council Member Nagle moved adoption of the Resolutions. Seconded by Council Member Nicholson. Vote on the motion wu as fellows: Yea&-Mayor Brady, Council Membera Kluesner, Nicholson. Nays-Councll Membera Deich, Krieg, Nagle, Voetheq¡. Motion failed. Council Memher Krieg moved to refer lids project to Engineering and the City Manager to consider resurfacing and reconstruct Peru Road foc further input and provide an eatimate on overlay costs. Seconded by Council Member Nicholson. Carried by the following vote: Yea&-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Council Member Voetberg moved to reconsider the provious setion regarding adoption of Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yea&-Mayoc Brady, ConncIJ Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Council Memher Voetbeq¡ moved that they receas the public hearing and defer to May 3, 1993. Secooded by Council Member Nicholson. Carried by the following vote: Yea&-Mayoc Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. 102 103 Regular Session, April 5, 1993 Proof of Publication certified '" by the Publisher on Notice of Hearing on Plans and Specifications for the Brunskill Road Sanitary Sewer Extension, Proof of Publication certified to by the Publisher on Notice to Property Ownera of public hearing on the Resdution of Neceaslty for projec~ Certificate of City aerk certifying notices were sent to known property owners by certified mail advising of pabllc hearing, presented and read. Council Member Voetheq¡ IDOVed that the proofs and certificate he received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yea&-Mayoc Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. A RESOLUTION Adopting Plans and Specs. for Brunskill Road Sanitary Sewer Extension projec~ A RESOLUTION With respect to the ndoption of the Resolution of Necessity property for the project; A RESOLUTION Ordering Bids for project and directing aerk to advertise for hlds, presented and read. Council Member Voetheq¡ moved that the Public Hearing he recessed and deferred action to the Council Meeting of April 19, 1993. Seconded by Council Member Nagle. Carried by the following vote: Yea&-May..- Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays-None. Proof of Publication certified '" by the Publisher on Notice of Hearing on Plans and Specifications for the Office Renovation Project - Locust Street Parking Ramp, presented and read. Council Member Nagle moved that the proof of pobllcation he received and filed. Seconded by Council Member Voetheq¡. Carried by the following vote: Yea&-Mayor Brady, Council Membera Deich, Klnesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. RESOLUTION NO. 94-93 RFßOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 10th day of March, 1993, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Office Renovation Project - Locust Street Parking Ramp. Whereas, notice of hearing on plans, specifications, form of contrac~ and estimated cost was published as reqalred by law. NOW TlIEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE. IOWA: That the said plans, specifiearions, form of contract and estimeted cost are hereby approved as the plans, specifications, form of contract and estimated cost for ssid Improvements for asld project Passed, adopted and approved lids 5th day of April, 1993. James H. Brady Mayor Attest: Mary A Davis City Cieri< Council Memher Nagle moved adoption of the Resolntion. Seconded by Council Member Voetheq¡. Carried by the following vote: Yeas-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Proof of Publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids for project and communica- tion of City Manager recommending to award contract for the projec~ presented and read. Council Member Nagle moved that the proof and conunurdcation he received and filed. Seconded by Council Memher Voetheq¡. Carried by the following vote: Yea&-Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. RFßOLUTION NO. 95-93 AWARDING CONTRACT Whereas, sealed proposals have becn subndued by contractora for the Office Renovation - Locust Sb'eet Parking Ramp pursuant to Resolution No. g5-93 and notice to bidders published in a newspaper published In the City of Dubuque, Iowa on the Igth of March, 1993. Whereas, said sealed proposals were opened and read on the 25th of March, 1993 and it has been determined that the bid of R.M. Strub Construction Company of Dubuque, Iowa, in the amount of $44,469.00 was the lowest bid for the furnishings of all laboc and materials and perforndng the work as provided foc in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the contract for the ahove Improvement he awarded to R.M. Strub Construclion Company and the Manager be and ~ hereby directed to e.xecute a contract on behalf of the City of Dubuque for the complete performance of the worlc. BE IT FURTIIER RESOLVED: That upon the signing of snld contract and the approval of the contractoc's hond, the City Treasurer is anthorized and instructed to return the bid deposits of the unsuccessful bidders. Regular Session, April 5, 1993 Passed, approved and adopted this 5th day of April, 1993. James E. Brady Mayor Attest: Mary A Davis City Cierk Council Member Nagle moved adoption of the Reaolution. Seconded by Council Member Voetheq¡. Carried by the following vote: Yea&-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. TABLED FROM THE MEETING OF 3- 1-93 An Ordinance amending the Code of Ordinances of the City of Dubuque, Iowa by adding 400 Block of West ThIrd Sb'ee~ Both Sides from Sl Mary's Street to Bluff Stree~ to subsection (a) of Section 32-395 thereof establishing Residential Parking Perødt Dislrict "B", presented and read. Council Member Voetheq¡ moved that this maUer he removed from the table. Seconded by Council Member Krieg. Carried by the foJlowing voœ: Yea&-Mayoc Brady, Council Membera Deich, Klueaner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Petilion containing 14 signatures requesting to approve the en1aq¡ement of Residential Parking Permit Dislrict "B", presented and read. Council Member Kluesner moved that petition he received and filed. Seconded by Council Member Voetheq¡. Carried by the following vote: Yeas-Mayor Brady, Conncil Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. Guy Hemenway, 462 W. 3rd, requested adoption of the proposed OnlIuance. (OFFICIAL PUBLICATION) ORDINANCE NO. 16-93 AN ORDINANCE AMENDING THE CODE OF ORDINANCFß OF THE CITY OF DUBUQUE, IOWA BY ADDING WFßT TIIIRD STREET, FROM ST. MARY'S STREET TO BLUFF STREET, TO SUBSECTION (a) OF SECTION 32. 395 THEREOF ESTABLISHING RESIDENTIAL PARKING PERMIT DISTRICT "B" Whereas, Section 32-3gl through 32-393 of the Code of Ordinances of the City of Dubuque, Iowa empower the City Council to establish a Residentiol Parking Perødt Dislrict upon receipt of a valid petition and finding of certain conditions, and Whereas, a valid petition has been received to amend Residentiol Parking Permit District "B" consisting of Sl Mary's Stree~ from 3rd Sb'eet to Emmett Stree~ and 104 Emmett Stree~ from Sl Muy's Street to Bluff Street'" include W. 3rd Streel from Sl Muy's Street to Bluff Street; and Wbereas, the City Manager has caused a parking study of the above identified area to he conducted, and which study has establlsbed that the area meets the eriteria established In Section 32-3g3 of the Code of Ordinances of the City of Dubuque, Iowa; and Whereas, the City Manager, based upon the petition and the results of the parking study, recommends to the City Council that the area he designated as a Residential Parking Permit Dislrict during the houra of 6:00 a.m. to 10:00 p.m dally, e.xcept Sundays and Holidays; and Whereas, the City Council porauant to public notice published on the 19th day of Fehruary, 1993, meet in session on the 1st day of March, 1993, and on the 5th day of April, 1993, foc the pwpose of hearing all interested peraons and representatives of organizations to consider any and all objections which have been filed to the proposed designation of the ahove area as a Residential Parking Permit Dislrict during the hours of 6:00 a.m to 10:00 p.m dally, e.xcept Sundays and Holidays; and Whereas, all interested parties have been given an opportunity to he heard and all o~ections have been duly consldoted. NOW, TllEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That a petition conlainlng the reqalred numher of signatures and meeting the Intent and purpoaes of Sections 32-3gl through 32-393 of the Code of OnlInancea of the City of Dubuque, Iowa have been received by the City of Dubuque. Section 2. That any and all objections to the designation of the area as a Residential Parking Permit Dislrict during the houra of 6:00 a.m to 10:00 p.m dally, except Sundays and Holidays be and the same are overruled. Section 3. That the recommendation of the City Manager based upon the petition and the parking study to designate the area as a Residential Parking Permit Dislrict during the hours of 6:00 a.m. to 10:00 p.m dally, e.xcept Sundays and HolIdays, is hereby approved and accepted. Section 4. That the Code of OrdInances of the City of Dabuque, Iowa he amended by deleting Sl Mary's Street and Emmett Street from Subsection (a) of Section 32-395 thereof as follows: "Sec.32-395. Resldentiol Parkin. Perødt Dislrict "B" (a) The' following described area constitutes a Residential Parking Perødt Dislrict designated as 105 Regular session, April 5, 1993 Regular session, April 5, 1993 106 Residentiol Parking Perødt Dislrict "B": St Mary's Sb'ee~ from 3rd Sb'eeI to Emmett Street EmmettStree~ fromSt Mary's Street to Bluff Street" Section 5. That the Code of Ordinances of the City of Dubuque, Iowa he amended by adding Third Street to Subsection (a) of Section 32-395 thereof as follows: "Sec. 32.395. Residential Parkin. Pemdt Dislrict "B". (a) The following described area constitutes a Residential Parking Pemdt Dislrict designated as Residentiol Parking Perødt Dislrict "B": St Mary's Stree~ from West Third Street to Emmett Stree~ Emmett Stree~ fromSt Mary's Street to Bluff Stree~ and West Third Sb'ee~ from St Mary's Street to Bluff Street" Section 6. That the City Clerk is hereby directed to mall to every dwelling unit within the designated dislrict the documents prescribed by Section 32-3g5 of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of April, 1993. James E. Brady Mayor Attest: Mary A. Davis City Cierk Published officially In the rekgraph Herald newspaper lids 19th day of April, 1993. Mary A. Davis, CMC 11 4/19 City Clerk Cooncil Member Voetheq¡ moved that lids he consideted the first reading of the Ordinance, and that the requirement that a proposed Ordinance he consideted and voled on foc passage atlWO Council meetings prior to the meeting at which it Is to he finally adopted he suspended and further moved final adoption of the Ordinance, as amended. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Counål Memhera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. BOARDS AND COMMISSIONS INVFßTMENT OVERSIGHT COMMISSION: Two newly created termJ, one which will expire 7-1-95 and one which will expire 7-1- 94. Applicants: Gordon R. Fowler, IIInstn Melendez, Thumas Kersch, Gary Ruden, Janet Westerfield. Applicants lanet Weaterfield, Gordon Fowler, Gary Ruden & IIInstn Melendez all spoke requesting appoin1ment Vote on the appointment to the term expiring 7-1-95: Mayor Brady voted for Ruden. Cooncil Memher Deich voted for Rnden. Council Member Kluesner voted fe< Fowler. Cooncil Memher Krieg voted for Fowler. Council Member Nagle voted for Fowler. Council Member Nicholson voted for Fowler. Council Member Voetherg voted for Fowler. Therefoce, Gocdon R. Fowler appointed to the Investment Overaight Comndssion for a teøn that will expire 7-1-95. VOle on the term that will expire 7-1-94. Mayor Brady voted for Ruden. Council Member Deich voted for Ruden. Council Member Klueaner voted for Melendez. Council Member Krieg voted foc Melendez. Council Member Nagle voted for Melendez. Council Member Nicholson voted for Melendez. Council Memher Voetherg voted for Melendez. Therefore, IIInstn Melendez appointed to the Investment Oversight Connnlssion for a teøn that will expire 7-1- 94. CABLE REGULA TORY COMMISSION: One Unexpired teøn to expire 6-30-95. Applicants: Floyd Cook and Ronald Tigges. Mayor Brady voted for Cook. Council Member Deich voted for Cook. Council Member Kluesner voted foc Cook. Council Member Krieg voted for Cook. Council Member Nagle voted for Cock. Council Member Nicholson voted for Cook. Council Member Voetheq¡ voted for Cook. Themfoce Floyd Cock appointed to the Cable Regulatory Commission to the unexpired teøn which will expire 6-30-95. Dubuque Regional Airpoct, presented and mad. Conncil Member Krieg moved that the report and ccmmurncation he received and filed. Seconded by Council Member Voetheq¡. Carried by the following vote: Yeas-Mayor Brady, Council Memhera Delch, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Communication of City Manager requesting Council approve a grant application for funding of equipment and supplies foc the D.A.R.E. PrognstD throogh a grant from the Governor's AllIance on Substance Abuse and authorize the Mayor to execnte grant application, presented and read. Couneil Member Krieg moved that the communication he received and filed and approved with Mayor authorized to execute agreement Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Mernbera Delch, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Communication of City Manager recommending approval and execution of a Community Development Block Grant Loan Agreement foc the sum of $300,000 between the City of Dubuque, Iowa and William C. Brown Communications, Inc., presented and read. Council Memher Krieg moved that the commurncation he received and filed. Seconded by Council Member Voetheq¡. Carried by the following vote: Yeas-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. CABLE TELEPROGRAMM1NG COMMISSION: One unexpired term which will expire 6- 30-94. Applicant: Jeunlfer L. Tigges. Council Member Klueaner moved that Jeunlfer Tigges he appointed to the Cable Teleprogramming Connnlssion fe< the unexpired term which will expire 6-30-94. Seconded by Council Member Krieg. Carried by the following vote: Yea&-Mayor Brady, Conncil Members Deich, Kluesner, Krieg, Nagle, Nicbolson, Voetheq¡. Nays-None. Council Member Krieg moved to reimpose the rules to elose all poblic inpnt. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayoc Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. RESOLUTION NO, 96.93 A RFßOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVEWPMENT BLOCK GRANT LOAN AGREEMENT WITH WILLIAM C. BROWN COMMUNICATIONS, INC, Whereas, under provisions of Title I of the Housing and Cocømunity Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant Funds foc the purpose of stimulating economic development activities within the community; and Whereas, the City of Dubuque, Iowa desires to assist William C. Brown Communications, lnc. in its efforts to enhance and expand its existing publishing operations through the development of an expanded dislribution facility (and the creation of a new technology center adjacent to its Keiper Boulevard plan~ to create Report from Abport Conurdssion regarding Fixed Base Operator and conununlcation of Mack Patteraon objecting to City of Dubuque proposed changea at the permauent employment oppoctonitiOl foc low and moderate Inc:ome citizens; and to expand the existing tax base of the community; and Whereas, a Loan Agreemen~ a fcnn of which is hereto attached and by dús reference made a part hereof, is to he executed by William C. Brown Corrunurncations, Publishera. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section I. That the Mayor and Cityaerk he and they am hereby authorized and directed to execute, on beholf of the City of Dubuque, Iowa, an agreement awarding a $300,000 loan to William C. Brown Communications, Inc. Section 2. That the City Manager he and he Is hereby authcxlzed to disburae loan funds from the Community Development Block Grant entidement fund, In aceocdance with the termJ and conditions of the executed Loan Agreement Passed, approved and adopted this 5th day of April, 1993. James E. Brady Mayor Attest: Mary A. Davis City aerk Council Memher Krieg moved ndoption of the Resolution. Seconded by Council Member Voetheq¡. Carried by the following vote: Yeas-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. NaYJ-None. Communication of City Manager requesting approval to parchase property at 2120 Washington Street, presented and read. Council Member Voetbeq¡ moved that the communication he received and filed. Seconded by Conncll Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. RESOLUTION No. "-'3 RFßOLUTION OF INTENT TO ACQUIRE REAL FßTATE AT 2120 WASHINGTON STREET, IN TIlE CITY OF DUBUQUE. Whereas, the City of Dubuque is cnmorilled to eoforcement of housing quolity standards and to the provi,l,", of assistance toward the addition of buuslng units to the City's Inventory; and Whereas, acquisition of suitable properties, in specific in,tances, is an appmpriate means of achieving these goals. 107 Regular Session, AprIl 5, 1993 NOW TlIEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE. IOWA: Section 1. That the City Council of the City of Dubuque hereby gives notice of Ita Intent to acquire the following legally described property, from the seller, the Estate of Irene Breithaupt: The North TIdrty-Feet (N 30') of Lot Three (3) in Geissler's Subdivision, In the City of Dubuque, in the County of Dubuque, Iowa, according to the recorded plat thereof, at the cœt of Twelve Thousand Five- Hundred Dollars, ($12,500), subject to review and approval of a deed conveying such preperty. Passed, approved and adopted lids 5th day of April, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetheq¡ moved adoption of the Resolution. Seconded by Council Memher Klueaner. Carried by the following vote: Yea&-Mayor Brady, Council Memhera Deieh, Kluesner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. Communication of City Manager submiDing infocmation regarding "Changes In Tel Cablevlsion Pay Service Scrambling Methods", presented and read. Council Memher Voetheq¡ moved that the communication he received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yea&-Mayoc Brady, Council Memhera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Communication of City Manager requesting authœization to him aapoaddle- Garber fino to design Phase IIllf4'I'Ovements at Eagle Point Water Plant In an amount not to exceed $60,900, presented and read. Council Member Voetheq¡ moved that the communication he received and filed and approved authorization. Seconded by Council Member Nicholson. Carried by the following vole: Yea&-Mayoc Brady, Council Memhera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. Communication of City Manager requesting authority to execute conbact with 1.1.W., in the amount of $17,200. to deaign and Inspect the Pennsylvanis Avenue Water Tank Projec~ presented and read. Council Member Voetheq¡ moved that the communication he received and filed and approved authorization. Seconded by Council Member Nagle. Carried by the following vOle: Yea&-Mayoc Brady, Council Memhera Deich, Klueaner, Krieg, Nagle, Nicholson, Voetherg. Nays-None. Communication of City Manager recommending to sccept a contract for Riverfront Plan with RTKLAssoclates for an amount of $65,000, presented and read. Council Member Voetberg moved that the communication he received and filed and sccepted the conbact Seconded by Council Member Nagle. Carried by the following vote: Yeas-Msyor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. Communlearion of Corporation Connsel submlulng an amendment to Section 5- 7.6(c) of the City Code of Ordinances, presented and read. Council Memher Voetberg moved that the communication he received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yea&-Mayor Brady, Conncil Memhera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. An Ordinance amending Section 5-7.6(c) of the City of Dubuque Code of Ordinances relating to the Notice Required to he posted by licensees oc peønlttees or any business that sells Alcoholic Liquoc, Wine or Beer for on-prendse consumption and adopting in lieu thereof a new Section 5-7.6(c) providing for the notice required to he posted by licensees or peønlttees of any bnsineas that sells Alcoholic Liquor, Wine or Beer for On- Pmndse Consumption, presented and read. Council Member Voetheq¡ moved that the communication he received and filed. Seconded by Council Memher Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays-None. OFFICIAL PUBLICATION ORDINANCE NO. 17-93 AN ORDINANCE AMENDING SECTION 5-7.6(c) OF THE CITY OF DUBUQUE CODE OF ORDINANCFß RELATING TO T~NOTICE REQUIRED TO BE POSTED BY LICENSEFß OR PERMITTEFß OF ANY BUSINFßS THAT SELLS ALCOHOLIC LIQUOR, WINE OR BEER FOR ON.PREMISE CONSUMPTION AND ADOPTING IN LIEU THEREOF A NEW SECTION 5- 7.6(.) PROVIDING FOR THE NOTICE REQUIRED TO BE POSTED BY LICENSEFß OR PERMITTEFß OF ANY BUS1NFßS Regular session, April 5, 1993 THAT SELLS ALCOHOLIC LIQUOR, WINE OR BEER FOR ON.PREMISE CONSUMPTION. NOW, TllEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: Section 1. Section 5-7.6(c) of the City of Dubuque Code of Ordinances Is hereby repealed, and the following new Section 5- 7.6(c) is hereby adopted in lieu thereof. (c) No licensee or permittee, oc a licensee's or permittee's agent oc employee shall allow any peraon under the age for lawful purchase and/or possession of alcoholic heverages to enter or remain upon the preød.., hetween the houra of 9:00 p.m. and closing where the business conducted includes the sole and dispensing of alcoholIc liquor, wine or beer, except as permitted in paragraphs (a) and (b). The licensee oc permittee of any business that sells alcoholIc liquor, wine oc beer for on-preødse consumption sholl be required to post in a conspicuous place a notice stating: Notice to Peraons Under the Age for Lawful Purchase and/or Possession of Alcoholic Beverages: You are subject to a maximum fine of one hundted dollars ($100.00) for heing on these prendses hetween the hours of 9:00 p.m and closing uuleas you are employed by the owner or are accompanied by a pamn~ guardian oc spouse who Is not under the age for lawful purchase audIor POssession of alcoholic heverages. Passed, approved and adopted lids 5th day of April, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially In the r.htgroph Herald newspaper lids 12th day of April, 1993. Mary A. Davis CMC It 4/12 City Clerk Council Member Voetheq¡ moved that lids be considered the firat 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 he finally adopted he suSpeoded and forther moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Caried by the following vote: Yeaa-Mayor 'Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays-Nooe. RESOLUTION NO. 98-93 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sole of Cigarettes wllidn the City of Dubuque,lowa, he granted a permit to sell Cigarettes and Cigarette Papen wilidn said City. Genold KirchbergYe Old Brunswick Tavern 3203 Jacluon Wheel Houae, lnc. Wheel Houae My-Cap 1630 E 16th St Passed, approved and adopted lids 5th day of April 1993. James E. Brady Mayor Attest: Mary A. Davis City aerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yea&-Mayoc Brady, Council Memhera Deich, Kluesner, Krieg, Nagle, Nicholson, Voelheq¡. Nays-None. RESOLUTION NO, 99.93 Whereas, applications for Beer Permits have been submitted and filed to lids Council for approval and the same have been exandned and approved; and Wbemas, the preødsea to be occupied by such applicants were inspected and found to comply with the Ordinances of lids City and have filed proper honds. NOW, THEREFORE, BE IT RFßOL VED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the Manager he authœiand to cause to he issued the following named applicants a Beer Peønlt CLASS "B" BEER PERMIT C K of Dubuque, lnc. Country Kili:hen Sunday Sales 31g7 University S & D Concessions, Inc. Sunday Solea Ouldooc Service Area CLASS "CO BEER PERMIT Wareco System of Iowa 662 Wareco 662 Sunday Solea 700 Rhomherg Passed, approved and adopted lids 4th day of April, 1993. Admirol Sheehey James E. Brady Mayor Attest: Mary A. Davis City Cierk Council Member Klueaner moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yea&-Mayoc Brady, 108 109 Regular Session, AprilS, 1993 Council Memhera Deic&, Klueaner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. RFßOLUTION NO. 100-93 Whereas, applications for Liquor Licenses have heen submitted to this Council for approval and the same have been examined and approved; and Whereas, the prendses 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 bonds. NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE. IOWA: That the Manager he authorized to cause to he issued the following named applicants a Liquor LIcense. CLASS "CO (COMMERCIAL) BEER AND LIQUOR LICENSE Jeannine A. Kersch Sunday Solea Jndith A. Botsfocd Idle Hour 1555 Central Botsy's 1027 Rhomherg Fat Tueaday's 1121 University Two Twenty Five Lid Two Twenty Five 225 W. 6th Knights of Columbus Council ~O Sunday Sales 7g1 Locust St Oldham, Inc. Avenue Tap Sunday Solea 1080 University Sad Cafe. Inc. Ralnhow Lounge Sunday Solea 36 W. 4th St Jobu Noonan Noonan's Tap Sunday Salea 161g Centrol ARASERVE, Inc. Loras College Campus Sunday Salea 1450 Alta Vista ARA Leisure Services, Inc. Dubuqne Greyhound Park Sunday Solea E. 16th ST. Ext Onldooc Service area Laura A. Murphy Murph's Sooth End Tap 55 Locust St SPECIAL CLASS "C" (BW) LICENSE Gemld Kirehheq¡ Ye Old Brunswick 3203 lackson APPLICATION FOR OUTDOOR SERVICE Wheel House,lnc. 1630 E. 16th Yardarm,lnc. 1201 Shinss Ave Passed, _ved and ndopted this 5th day of April, 1993. Penon Enterprises, Inc. Wheel House Yardann Attest: Mary A. Davis City aerk James E. Brady Mayor Council Member Klnesner moved adoption of the Reaolution. Seconded by Council Member Nicholson. Carried by the following vote: Yea&-Mayoc Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. A Resolution Granting issuance of Class "C" Liquoc License to Schroby's II. presented and read. Council Memher Nicholson moved to again suspend the rules to allow anyone present to addreas the Council if they so desire. Seconded by Council Memher Nagle. Carried by the following vote: Yea&-Mayoc Brady, Council Membera Dcich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Jon ThIll and Dean Rampson spoke requesting license not he granted. Council Member Voetheq¡ moved to deny the Resolution for OWl conviction reasons. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Couneil Memhers Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Communication of City Manager recommending to grant the issuance ofllquor license and authorize an appeal of the Hearing Bosrd's decision through the Dislrict Court and Petition containing 165 signatures and petition of Dean Rarnpson requesting Council not to grant issuance of license to Scluoby's, presented and read. Council Memher Voetheq¡ moved that the commurdcation and petition he received and filed and direct Corporation Counsel to appeal the Hearing Bosrd's recommendation to Dislrict Court Seconded by Council Member Nicholson. Carried by the following vote: Yea&-Mayor Brady, Council Membera Dcich, Krieg, Nicholson, Voetheq¡. Nays-Council Memhers Kluesner, Nagle. Communication of City Manager recommending approval of contract with Strand Associates to conduct engineering services during bidding process of Phase I Improvements at Water Pollution Con1ro1 Plant In an amount not to exceed $30,000.00, presented and read. Council Memher Voetbçq¡ moved that the commurdcation he received and filed and approved and authorized City Manager to execute agreement Seconded by Council Member Kluesner. Carried by the following vote: Yea&-Mayor Brady, Conncil Members Deleh, Klnesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Regular Session, AprilS, 1993 Communication of City Manager submiulng documents and procedures regarding the construction of Water Pollution Control Plant Phase I Improvements, presented and read. Council Member Voetheq¡ moved that the commurdcation he received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yea&-Mayor Brady, Council Membera Deic&, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. RFßOLUTION NO. 101-93 PRELIMINARY APPROVAL OF PLANS AND SPECIF1CATIONS Whereas, the proposed plans, specifications and form of contract for the Dubuque Water Pollution Con1rol Plant Phase I Improvements In the estimated amount of $6,500,000 have heen prepared by Strand Associates under the direction of the City. NOW TlIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications, and form of contract are approved and ordeted filed In the office of the City aerk for public inspection. Passed, approved and adopted this 5th day of April, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Voetheq¡ moved adoption of the Resolution. Seconded by Council Member Klueaner. Carried by the following vote: Yea&-Mayoc Brady, Council Memhera Deich, Klueaner, Krieg, Nagle, Nicholson, Voetherg. Nays-None. RFßOLUTION NO. 102.93 FIXING DATE OF HEARING ON PLANS AND SPECIF1CATIONS Whereas, the City Council of the City of Dnbuque, Iowa, has given its preliminary approval of the proposed plans, specifications, and form of contract ""d placed same on file in the office of the CIty Clerk for the Dubuque Water Pollution Con1rol Plant Phase I Improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section I. That on the 7th day of June, 1993, a public hearing will he held at 7:30 p.m in the Public Library Auditorium at which time Interested peraons may appear and he heard for or against the proposed plans and specifications, form of contract 110 and cost of aald improvemen~ and the City aerk be and Is hereby directed to cause a notice of time and place of such hcating to he published in a newspaper having general circulation In the City of Dubuque, Iowa, which notice shall he not Ie.. than four days nor mom than twenty days prior to the day fixed foc Its consideration. At the hearing, any Interested peraon may appear and file objections to the proposed plans, specifications, form of contrac~ or estimated cost of the improvement Passed, approved and adopted lids 5th day of April, 1993. James E. Brady Mayor Attest: Mary A. Davis CityCierk Council Member Voetheq¡ moved adoption of the Resolntion. Seconded by Council Member Klueaner. Carried by the following vote: Yea&-Mayoc Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. RFßOLUTION NO,103-93 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the project tided Dubuque Water Pollution Con1rol Plant Phase I Improvements is hereby ordered to he advertised for bids for conslrnction. Section 2. That the amount of the security to accompany each bid shall he In an amount which shall conform to the provisions of the notice to biddera hereby approved as pari of the plans and specifications heretofore adopted. Section 3. That the City Clerk Is hereby directed to advertise for bids for the construcôon of the improvements herein provided to he published In a newspaper having geneml circulation in the City of Dubuque, Iowa, which notice shall not be Ie.. than four days noc mom than twenty days prior to the receipt of said bids at 2:00 p.rn. on the Igth day of May, 1993. Blda shall be opened and read by the City aerk at said time and will he subndtted to the Council for final action at 7:30 p.m. on the 7th day of June, 1993. Passed, approved and adopted lids 5th day of April, 1992. Attest: Mary A. Davis City Cierk James E. Brady Mayor 111 Regular Session, April 5, 1993 Regular session, April 5, 1993 112 Council Member Voetheq¡ moved adoption of the Reso1ntion. Seconded by Council Member Klueaner. Carried by the following vote: Yea&-Mayoc Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. MINUTES SUBMfITED - Cable TV RegulatoryConnnlssion of3-10; Community Development Conunisslon of 3-16, Five Flags Commission of 3-15, Handicapped PadringReview ConnnIueeof3-16, Historic Preservation ConnnIssion of 3-10; Housing Code Appeols Board of 3-16; Housing Connnlssion of 3-9, Housing Trust Fund Connnluee of 3-11; Zoning Board of Adjustmont of 3-25, presented and read. Council Member Nagle moved that the ndnutes he received and filed. Seconded by Council Member Voetbeq¡. Carried by the following vote: Yea&-Mayoc Brady, Council Membera Delch, Kluesner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. NOTICES OF CLAIMS/SUITS - David George in unknown amount for peraona1 injuries, Peggy Hallahan in amount of $98.85 for vehicle damagea, Aølell Hoff in unknown amount forpersonol Injuries, Pearl Kohnen In amount of $500.00 for peraonol injuries; William Kraus in amount of $37.10 for towing chaq¡ea Incurtecl, Lesley Lyons In amount of $465.60 for vehicle damages, Almeda Mlersen in unknown amount foc personal Injuries; Beverly MIller In unknown amount for bock-up damages; MIke Puadiso in estimated amount of $20.00 foc vehicle damagea; Steven Ready In amount of $103.88 foc vehicle damagea; Venita Ward in estimated amount of $703.88 for vehicle damagea, presented and read. Council Member Nagle moved that the claims and suits he referred to the Legal Staff for inveatigation and report. Seconded by Council MemberVoetheq¡. Carried by the following vole: Yea&-Mayoc Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. Corumurdcation of Corporation Counae1 recommending set1lement of cloth1ng damage claim of Diane TeKlppe In the amount of $14.99 and authorize the Finance Director to issue proper cbeck, presented and read. Council Member Nagle moved that the set1lement he approved with Finance Director to issue the proper check. Seconded by Council Member Voetbeq¡. Carried by the following vote: Yea&-Mayoc Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. Commurdcations of COIpOration Counsel advising of referrals of following claims to Crawfocd & Company, the agent for the Iowa Communities Assurance Pool: Car damage of Richard Ambrosy; Property damage of Rocco S. Bnda, Jr., Personal injury of Beth Kennedy; Car damages of Terrence J. McDermot~ Tire damage of Dnnna Mlhalolris, Truck damage of Curtis Schumacher, Personal Injury of Brenda S. Schnte; Car damage of Pamela Tittle; Car damage of Robert J. Wild, presented and read. Council Memher Nagle moved that the commurdcations he received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yea&-Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. petition he referted to the City Manager. Seconded by Council Member Voetbeq¡. Carried by the following vote: Yeas-Mayor Brady, Council Membera Delch, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Petition of Nick Goodmann, on heholf of a clIen~ requestin8 to purchase a parcel ofland described as the remainder of the Eat 20 ft of Lot 2 of Lot I of the West 1/1. of Block 10 Dubuque Harbor Company's Addition to the City of Dubuque, presented and read. Council Member Nagle moved that the petition he referted to the City Manager. Seconded by Council Memher Voetherg. Carried by the following vote: Yea&-Mayor Brady, Council Memhera Deich, Kluesner, Krieg, Nsgle, Nicholson, Voetbeq¡. Nayo-None. Communication of State Historic Preservation Officer advising our commurdty's Certified Local Government (CLG) Grant project has been approved, presented and read. Council Member Nagle moved that the communication he received and filed Seconded by Council Member Voetheq¡. Carried by the followln8 vote: Yeas-Mayor Brady, Council Memhera Delch, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Corumurdcation of Corporation Coonsel recommendin8 denial of Car dOn< damage claim of Kathy Bergslrom, presented and read. Council Member Nagle moved that the coøunurdcation he received and filed and denial approved. Seconded by Council Member Voetheq¡. Carried by the following vote: Yeas-Mayor Brady, Council Membera Deic&, Kluesner, Krieg, Nagle, Nicholson, Voetber8. Nays-None. Proofs of Publication certified to by the Publisher on Notice of Finding of No Significant Effect on the Environment for the following projects: Bishop's Block Project and Housing Rehabilitation, Acquisition, Relocation, Demolition; Code Enforœmen~ Economic Development Activities; CommercIa1I1ndustria1 Loan Program; Public Facilities, Neighborhood Related Improvements, Public Service Activities; Information and Referral; Community Partnership Program, Washington Neighbochood Tool Library, presented and mad. Council Member Nagle moved that the proofs he received and filed. Seconded by Council Memher Voetheq¡. Carried by the following vote: Yea&-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays-None. Communication of City Manager responding to letter from DNR regarding month of Febmary's operation report on the Water Pollution Conlrol P1an~ presented and read. Council Member Nagle moved that the commurdcation be received and filed. Seconded by Council Member Voetbeq¡. Carried by the following vote: Yea&-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Communication of City Manager subndulng Adopted Fiscal Year 1994 Budget Materiols, presented and read. Council Member Nagle moved that the commurdcation he received and filed. Seconded by Council Member Voetbeq¡. Carried by the following vote: Yeas-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. Communication of City. Manager requestin8 authoriZing to publish request for Release of Funds roc cer1aIn Community Development Block Grant Projects, presented and read. Council Memher Nagle moved that the commurdcation be received and filed. Seconded by Council Member Voetbeq¡. Cartied by the following vote: Yeas-Mayor Brady, Council Membera Commurdcation of Finance Director subndulng Financiol Report foc the month ending February 28, 1993, presented and mad. Council Member Na8le moved that the communication be received and filed. Seconded by Council Member Voetbeq¡. Carried by the followln8 vote: Yeas-Mayor Brady, Conncil Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. Petition of John E. Nelson requesting extension of water main to service his home at 1080 Rocaevelt Road, presented and read. Council Member Nagle moved that the Delch, Kluesner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. RFßOLUT10N NO. 104-'3 A RFßOLUT10N AUTHORIZING SUBMISSION OF A REQUFßT FOR RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVEWPMENT BLOCK GRANT PROJECTS Whereas, the City of Dubuque convened an ad hoc connnluee on June 23, 1976, which complele an environmental assessment of the following projects to he funded in the Commurdty Development Block Grant: Housing Rchahilltation AcquisitionJRelocationJDemolition; and Whereas, porauant to Resolution No. 249- 76, adopted Iuly 6, 1976, pabllc notice of a "Finding of No Significant Effect on the Environment" foc the above projects was published July 7, 1976, in the Dubuque Tele.runh Herald and provided for a public comment period until 12:00 noon, Friday, July 30, 1976, and notice of opportunity to review the projects was published on March 18, 1993, in the Dubuque Tele...a1>h Herald and provided for a public comment period until 12:00 noon, April 2, 1993, and Whereas, the City of Dubuque convened an ad hoc connnlttee on June 15, 1982, which completed an environmenral assessment on the following project to he funded In the Community Development Block Grant: Code Enforœmen~ and Whereas, pursuant to ReaoIution No. 210- 78, adopted June 19, 1978, public notice of a "Fiudlng of No Significant Effect on the Environment" foc the ahove project was published June 20, 1978, In the Dubuque Tele.runh Herald and provided for a public convnent period until 12:00 noon, Friday, July 7, 1916, and notice of opportunity to review the project was publlsbed March 18, 1993, in the Dubuque Teleora1>h Herold and provided for a public conunent period until 12:00 noon, April 2, 1993; and Whereas, the City of Dubuque convened an ad hoc comnûuee on July 30, 1982, which completed an environmental assessment of the following projects to he funded In the Conunnnlty Development Block Grant: Economic Development Activities CommercIa1I1nduslria1 Loan Participation, and Wbemas, pursuant to ReaoIution No. 203- 82, adopted AnglUt 2, 1982, pobllc notice of a "Fiudlng of No SIgnificant Effect on the Environment" roc the above projects was published AnglUt 4, 1982, In the Dubuque Telegrunh Herold and provided foc a public ~~~~"~~~~~~~~~~- 113 Regular Session, April 5, 1993 comment period until 12:00 noon, Friday, August 21, 1982, and notice of oppœtunity to review the projects was publlohed on March 18, 1993 In the Dubuque Telelrf""h ~ and provided for a public comment period until 12:00 noon, April 2. 1993, and Whereas, the City of Dubuque oonvened an ad hoc colTU1littee on February 23, 1993, which completed an environmental asseasment of the following projects 10 he funded In the Community Development Block Gesnt Project: Public Facilities . Neighborhood Related I""",vements Public Service Aetivitiea . Information and Refezral . Connnunlty Partnership Program . Washington Neighborhood Tool Library Bishop Block Projec~ and Whereas, pursuant to Resolution No. 92- 93 and 93-93, adopted March 15, 1993, public notice of a "Fiudlng of Not Significant Effect on the Environment" for the above projects was published March 18, 1993 In the Dubuque Teleoraoh Herald and provided for a public comment period until noon, Friday, April 2, 1993, and Whereas, pabllc notice of a "Finding of No Significant Effect on the Environment" for the projects was sent by regular mail to various fedetal, state and local public agenciea and 10 the local news media, individuals and groups known to he interested and helleved to he appropriate to receive such a public notice; and Whereas, any and all objections, If any, to snch proposa1s have becn duly considered; and Whereas, it is the inlent of the City Council to authørize the submission of a request to the U.S. Department of Honslng and Urbsn Development for the release of funds to carry out the above Identified projects. NOW THEREFORE, BE IT RESOLVED BY TIm CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the environmental ",v;.,w record for each of the projects shall oontinue to remain on file in the Office of the City aerk where aRid record may he exandned and co¡ied by any Interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to subndt to the U.S. Department of Housing and Urban Development seven (/) days after publication of appropriate notice a Request foc Release of Funds to undestake the aRid projects. Section 3. That the Mayor of the City of Dubuque is hereby authørized to consent to assume the status of a responsible federal official under the Nationol Environmental Protection Ae~ insofar as the provisions of the aRid Act apply to the U.S. Department of Housing and Urban Development ",sponslhlllties for ",view, decision makin8. and action assumed and carried out by the City of Dubuque as to environmental Issues. Section 4. That the Mayor of the City of Dubuque is hereby authørized to cOnsent peraona11y, in his official capacity and on heholf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is bronght to enfocce responslhllities in relation to environmental reviews, decision making, and action. Section 5. That the Mayor of the City of Dubuque he and he is hereby authorized and directed to execute a certification pertaining to the environmental ",view procedures. Section 6. That the City aerk be and she is hereby authørized and directed to publish a pobllc notice for a Request for Release of Funds and ~Certification attacbed hereto and made a part hereof. Passed, approved and adopted this 5th day of April, 1993. James E. Brady Mayor Attest: Mary A. Davis City aerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Voethel¡. Carried by the following vote: Yea&-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nayo-None. Commurdcation of City Manager recommending approval of Tentative Five Year Street Construction Program, presented and read. Council Member Nagle moved that the commurdcation he received and filed. Seconded by Council Memher Voetheq¡. Cartied by the following vote: Yeas-Mayor Brady, Council Memhers Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. RESOLUTION NO. 105-93 RESOLUTION APPROVING A TENTATIVE FIVE YEAR STREET CONSTRUCTION PROGRAM Whereas, there has been prepared a tentative Street Construction Program for Fiscol Yoara 1994-1998, and Whereas, said construction program must he filed with the Iowa DeparUUent of Transportation by May I, 1992 foc the pwpose of allocating Road Use Tax Funds to mnnlcipalltiea, and Whereas, lids Council has reviewed the tentative Sb'eet Construction Program as subntinnd. 114 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the tentative five year Street Construction Prognun for Fiscol Yoara 1994-1998 he and the same is hereby approved and the Mayor is hereby authorized and directed to sign this resolution. Section 2. That the City Manager Is hereby authorized and directed to forward the required documents relating to the five year Street Construction Prognun to the Iowa DeparUUent of Transportstion. Passed, approved and adopted lids Sth day of April, 1993. James H. Brady Mayor Atteat: Mary A. Davis City Clerk Council Memher Nagle moved adoption of the Reaolution. Seconded by Council Member Voetheq¡. Carried by the following vote: Yea&-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nayo-None. Commnnieation of City Manager requesting approval of Fiscal Year 1993 Budget Amendment foc the Keyllne Transit Division, presented and read. Council Member Nagle moved that the commurdcation he received and filed. Seconded by Council Member Voetheq¡. Carried by the following vote: Yeas-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. There helng no further business, Council Member Voetheq¡ moved to adjourn the meeting. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Membera Deich, Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Meeting adjourned at 12:06 a.m April 6, 1993. Mary A. Davis CMC City Clerk 1993. Council Membera -~dß~ 'ty Clerk BOARD OF HEALTH QUARTERLY MEETING Board ofHea1th, April 19, 1993; Re8u1ar Quarterly Meeting; 7:25 p.m, Public Library Auditorium Present: Chairperson Brady, Board Membera Klueaner, Krieg, Nagle, Nicholson, Voetheq¡. Absent: Board Member Deich. Chairperaon Brady read the call and stated this is the Regular Quarterly Seasion of the Board of Health called roc the pwpose to act npon such business which may properly come hefore the Board. Communication of City Mana8er recommending approval of a Board of Health application for State funds for Public Health Nursing Servicea, presented and read. Board Memher Voetheq¡ moved that the communication he received and filed and recommendation approved. Seconded by Board Member Nagle. Carried by the following vote: Yeu-Chailpe1'SOn Brady, Board Members Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays-None. Absent-Board Memher Deich. There heing no further busineas, Board Member Voetheq¡ moved to adjourn the meeting. Seconded by Board Memher Kluesner. Carried by the following vote: Yeas-ChaiIperaon Brady, Board Memhera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Board Member Deich. Meeting adjourned at 7:33 p.m Mary A Davis CMC Secretary, BoanI of Health Board Membera Atteat: â... r 7:á~ . ~'¿'I S , BOard of Health Regular session, April 19, 1993 116 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Meeting, April 19, 1993 Conncil met at 7:40 p.m., Public Library Anditorium Present: Mayor Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡, City Manager MIchael Van MlllIgen, Assistant City Attorney James A. O'Brien. Absent: Council Member Delch. Mayor Brady read the call and stated dús is the Regular Seasion of the aty Council called for the pwpose to act upon such business which may come hefore the Council. Invocalion was given by Msgr. John Dalton, Pastor of St Raphael's Cathedral. PROCLAMATIONS -- April 24-30 as "National Preschool Immunization Week" received by Roger Wilson; April 25-May I as "Bela Sigma Phi Week"; April 25-Msy 2 as "Soil and Water Stewardship Week" received by Kevin Curoe, Msy I as "Arbor Day" received by Steve Pregler; May I as "Toxic aeanup Day" received by Beverly Bema. YOUTH IN GOVERNMENT - Mayor Brady swore in the Youth Mayor, Karrie Koesel; Youth City Manager Chris O'Neill, Youth Cwporation Counsel Andy Sehmeder and Youth Clerk, Julie Feq¡uson. Youth Mayor Koesel swore in Youth Council Members Melissa Stoffel, Doug Speckhand, Jon Jarooh, Maureen Quann, and Jeff Reusch. Council Member Nagle moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Krieg. Carried by the following vote: Yea&-Mayoc Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. Absent: Council Member Deich. RECESSED AND UNCIL MEETING .r of Publication certified to by the Publisher on Notice of Hearing on Plans and Specifications for the Brunsldll Road SanItary Sewer Extension and Proof of Publication certified to by the Publisher on Notice to Property Owners of public hesring on the Reaolution of Necessity for projec~ and Certificate of City Clerk certifying notices were sent to known property owners by certified mall advising of public hesring, pmaented and read. Council Member Kluesner moved that the proofs and certificate he received and filed. Seconded by Council Member Voetberg. Cartied by the following vote: Yeas-Mayor Brndy, Council Membera Kluesner, Krieg, Nagle, Voetberg. Nays-Conncil Memher Nicholson. Absent- Council Memher Deich. John Connolly, 18375 Shenill Rd., representing Center Geeve Methodist Church, opposing proposed project. Melvin Matous, 2885 Brunslrill Rd., agreed with project but objected to lack of conunnnlcation hetween departments. Helen Thill, 3000 Brunskill, spoke In favor of the project. Carl Engling, 2933 Brunskill Rd., and Roger Edwards, requested delay in project Wm. Trimpler, 2833 Brunsldll, spoke in favor of the project A Resolution Adopting Plans and Specs. foc Brunskill Road Sanitary Sewer Extension project: A Resolution With respect to the adoption of the Reaolution of Necessity proposed for the project: A Resolution Ordering Bid, foc project and directing Cierk to advertise for bids, presented and read. Council Memher Kluesner moved to delay the project foc one year to allow Staff to rearrange fuudlng to make sure It's in the proper year. Seconded by Council Member Voetheq¡. Carried by the followln8 vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Voetherg. Nays-Council Memher Nicholson. Absent-Council Member Deieh. Proof of Publication certified to by the Publisher on Notice of Public Hearing for the purpose to receive public CODUDents regarding subndssion of Statio Transit Assistance FY 1994 Application and FTA Section 9ß FY 1994 Operatin~apital Assistance Application for Keyllne, presented and read. Them were no written comments received. Council Member Krieg moved that the pmof of publication he received and filed. Seconded by Conncll Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Memhera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-COUncll Member Deieh. 117 Regular Session, April 19, 1993 TABLED FROM MEETING OF FEBRUARY 15, 1993: Proof of Publication certified to by the Publisher on Notice of Public Hearing to reclassify property ot 3219 Asbury Rd. from R-I to C-I Dillric~ Petition of Todd C. Spurling, D.C.. withdrawing his request to rezone property at 3219 Asbury Rd., presented and read. Council Member Voetheq¡ moved that the pmof and petition he received and filed. Seconded by Council Memher Nicholson. Carried by the following vote: Yeas~Mayor Brady, Council Memhera Klueaner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Council Member Deich. An Ordinance amending Zoning Ordinance by reclassifying peeperty at 3219 Asbury Road from R-I Single-Family Residential Dislrict to C-I Neighborhood Commercial Dislric~ (Derded by Zoning Connnlssion - firat reading OIÙY given at the meeting of 1-18-93), presented and read. Council Member Voetheq¡ moved to coneur with the Zoning ConnnIssion'l denial. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Memhera Klueaner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-Noue. Absent-Council Member Deich. Proof of Publication certified to by the Publisher on Notice of Public Hearing to reclassify property located North of 32nd Street and East of Brueek Lane from AG to R-I Dislric~ presented and read. Council Member Krieg moved that the proof of publication he received and filed. Secooded by Council Member Klueaner. Carried by the following vote: Yea&-Mayoc Brady, Council Membell Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays-None. Absent-Coonci1 Member Deich. Ed Tschlggfrie requested favorable zoning. An Ordinance amending Zoning Ordinance by reclassifying portion of property located North of 32nd Sb'eet and East of Brueck Road from AG Agricultma1 Dislrict to R-l Siagle Family Residential Dislric~ (Derded by Zoning Commission - firat reading only given at meeting of 3-15- 93), presented for further action. THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA. BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF 32ND STREET AND EAST OF BRUECK ROAD FROM AG AGRICULTURAL DISTRICT TO R-l SINGLE FAMILY RFßIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the aty of Dubuque, Iowa he amended by reviaing Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from AG Agricultural Dislrict to R-I Single Family Residential Dislric~ to wit "Commencing at the north quarter corner of Section 15, Township 89 North, Range 2 East of the Fifth Principal Meridian in the City of Dubuque, Iowa, a pari of Lot 1-1-1-2 of the Subdivision of Lot I-I-I MIneral Lot 390 and Lot 2-1 MIneral Lot 386 and Lot 2-Mlneral Lot 380; Thence 400.80 feet westerly along the northerly line of Lot 2 of Dondellnger Place to a poin~ Thence 300.00 feet southerly along the west line of Lot 2 of Dondellnger Place to the point of heginnlng of the parcel to he rezoned; Thence continuing 295.00 feet +/- in a southerly direction along the weaterly line of Lot 2 of Dondellnger Place to a point on the northerly line of Lot I of Doodellnger Place, said point heing 55.28 feet westerly of the northeast comer of Lot I of Dondellnger Place; Thence 161.81 feet weaterly to the nocthweat corner of Lot I of Dondellnger Place, Thence 235.00 feet soothwesterly along the northerly line of Lots 2-1-2 of the Subdivision of Lot 1-1-1 MIneral Lot 390 and Lot 2-I-Mlneral Lot 386 and Lot 2- MI....-.I Lot 380 to the northwest comer of above described lo~ Thence continuing southwc~terly 169.68 feet along the northerly line of Lot 2-1-1- 2 of the Subdivision of Lot I-lot-MIneral Lot 390 and Lot 2-I-Mlneral Lot 386 and Lot 2 of MI....-.I Lot 380 to the nocthwest corner of above deacribed lo~ Thence westerly to a point on the westerly line of Lot 1-1-1 of the Subdivision of 2-1-1-I-Mineral Lot 390 and Lot 2-t-Mlneral Lot 386 and Lot 2- MI....-.I Lot 380, said point heing 270.92 feet nnrthCrly from the sootheast comer of (OFFICIAL PUBLICATION) ORDINANCE NO. 18-93 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCFß, CITY OF DUBUQUE, lOW A, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS Regular Session, April 19, 1993 118 Lot 13, Block 2 of ScenIc heights Subdivision; Thence continuing 129.08 feet in a northerly direction along the westerly line of Lot 1-1-1 of the Subdivision of2-1-1- I-MInerai Lot 390 and Lot 2-1-I-Mlnerol Lot 386 and Lot 2-Mlneral Lot 380 to a poin~ Thence 90 degrees 00 ndnutes 00 seconds counterclockwise, 160.00 feet to a poin~ Thence in a northeasterly direction to the point of beginning". Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Connnlssion of the City of Dubuque, Iowa. Passed, approved and adopted lids 19th day of April, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially In the Telegraph Herald newspaper lids 5th day of May, 1993. Mary A. Davis CMC It 5/3 City Clerk Council Memher Krieg moved that lids he considered the second reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Conncil meetin8s prior to the meeting at which it is to he finally adopted he suspeuded and further moved final adoption of the Ordinance. Seconded by Cooncil Member Klueaner. Carried by the following vote: Yeas-Mayor Brady, Council Memhera Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. Absent-Cooncil Member Deich. Conncil recessed at 8:58 p.m.; Council reconvened at 9:17 p.m Proof of Publlearion certified to by the Publisher on Notice of Public Hearing to rezone properties located South of Dodge Street located wldún the Freeway Cocridor Plan, presented and read. Council Member Krieg moved that the proof of publication be received and filed. Seconded by Council Member Voetheq¡. Carried by the followln8 vote: Yeas-Mayor Brady, Council Membera Kluesner, Krieg, Nagle, Nieholson, Voetheq¡. Nàys-None. Absent-<::ouncil Member Deich. An Ordinance amending Zoning Ordinance by reclassifyln8 peeperty located East of South Locus~ West of Harrison and South of Raihoad Avenue from LI Light Induslrial Dislrict to C-3 Generol Conunerelal Dislric~ and property West of Freeway 61/151 and South of 1st Street from HI He.svy Induslrial Dislrict to LI Light Indnstria1 Dillrict and peeperty West of Martison, East of Locult and Sooth of Jones Street from C-3 Generol Conunerelal Dillriet to L1 Light Induslriol Dislri~ (Cocnprises Areas I, 3 &: 4 as approved by the Zoning Cornndssion.) (firat readln8 only given at meeting of 3-15-93), presented for further action. Council Memher Krieg moved to deny dús Ordinance and refer matter to the Zoning ConnnIssion. Seconded by Council Member Voetheq¡. Carried by the following vote: Yeas-Mayor Brady, Council Membera Klueaner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. Absent-<::ouncll Member Deich. Proof of Publication certified to by the Publisher on Notice of Public Hearing to rezone properties located Sooth of Dodge Street located wilidn the Freeway Cocridor Plan, upon motion received and filed. An Ordinance amending Zoning Ordinance by reclassifying property located East of Sooth Locus~ West of Harrison and South of Railroad Avenue and Pmperty South of Dodge Stree~ West of Salina, and East of Locust from L1 Lightlndustria1 Dislrict to C- 3 General CommercIal Dis1ric~ and peeperty Weat of Freeway 61/151 and South of 1st Street from ill Heavy Induslriol Dislrict to L1 Light Induslria1 Dislrict and peeperty Weat of Harrison, East of Locust and Sooth of Jones Sb'eet from C-3 Generol Commercial Dislrict to LI U8ht Indus1rial Dislric~ (Comprises Areas I, 2, 3, &: 4 and DENIED by the Zonln8 Connnission.) (firat reading only given at meeting of 3-15-93.), presented for further action. Council Member Krieg moved to deny lids Ordinance and refer matter to the Zoning Connnlssion. Seconded by Council Member Voetheq¡. Carried by the following vote: Yeas-Mayor Brady, Council Memhera Klueaner, Krieg, Nagle, Nichelson, Voetberg. Nays-None. Absent-Conncil Member Deich. Proof of Publlearion, certified to by the Publisher, on Notice of Public Hearing to amend the Zoning OrdInance pertaining to elIndnation of the change from one nonconforming use to another, the expansion of residential nonconforndties, and reconstruction of certain lawful nonconformities. presented and read. Council Member Klueaner moved that the proof of publication he received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Membera Klueaner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. Absent-Council Member Deich. 119 Regular Session, April 19, 1993 An Ordinance amending Zoning Ordinance by repealing Sectioa 4-6.7 and adoplin8 In lieu thereof new SectiODl 4-6,3, 4-6.4, 4-6.5 and 4-6.6 pertaining to oIImination of the change from - nonconforming use to another, the exponsion of realdentia1 nonconfomritiea, and reconatruction of certain lawful nonconformitiea, (first reading oldy given at the meeting of 3-15-93), presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 19.93 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF TIlE CODE OF ORDINANCFß OF TIlE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 4"'-3, 4. 6.4, 4-6,5, 4.606 AND 4-6,7 AND ADOPTING IN LIEU TllEREOF NEW SECTIONS 4-6.3, 4.6,4, 4.6,5 AND 4-6.6 PERTAINING TO ELIMINATION OF TIlE CHANGE FROM ONE NONCONFORMING USE TO ANOTHER, THE EXPANSION OF RFßIDENTIAL NONCONFORMITIES. AND RECONSTRUCTION OF CERT A1N LAWFUL NONCONFORMlT1Fß. NOW THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section I. Appendix A of the aty of Dubuque Code of Ordinancea is hereby amended by repealing Sections 4-6.3, 4-6.4, 4-6.5,4-6.6, and 4-6.7 and adopting In lieu thereof the following new Sectiona 4-6.3, 4- 6.4, 4-6.5 and 4-6.6 as per the following: "Section 4-6.3 Lawful non-conforming uses suparaaded. AnywheR a lawful non-conformlng use Is superaeded by a perødned use, such lawful non-conformlng use shall not thereafter he resumed. Section 4-6.4 Expauslon of residential lawful non-conformities. RClidentiailawful non-conformitiea may be expanded provided they comply with the achedule of R-2A Alternate Two- Family RClidential Dialrict regulationa. Section 4-6,5 Reconsb'llCtioa of certain lawful non-conforming a1ructures. Should any lawful non-conformlng ab'llClure be deatroyed by any means to an extent of - than &evenly-five (75) peIOOnt of its ~acement cost at the time of del_don, It may only be _a_lOcI In conformance with the provIli...a of thia crdInance provided dIal the delllUCtion wu call1cd by an occident or act of Ood occurring after the odopdon of this ordinance and such reconstruction doeo not increase the degree of non- conformity that existed prioc to deatruction, except that lawful non- conforming a1ructures that am single family detached dwellings, duplexes or townhouses of no more than two (2) laterally attached single-family dwellings, or multi-family dwoliings, townhouses not exceeding six (6) units may be recons_ted. Section 4-6.5 Prohibition on the re- establishment of non-conforming uses and sb'llCture In conth1nation. Wbem non-conforming status appllea to a use and sb'llCture In combination, the removal or deltruetion of the structure by more than Seventy-five (75) percent of its replacement cost at the time of destruction shall prohibit the meatabllshment of the non- conforming use In any càse, except for those residential structures as referted to in Section 4-6.5." Section 2. This ordinance has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 3. This crdInance shall take effect immedIalCly upon publication. Passed. approved and adopted this 19th day of April, 1993. James E. Brady Mayor Attest: Mary A. Davis aty Cierk Publlahed officially In the Telegraph Herald newspaper this 26th day of April, 1993. Mary A. Davis CMC 11 4fV> City Clerk Council Member Klueaner moved that lids he consldeted the second reading of the Ordinance, and thet the requirement that a proposed Ordinance he considered and voted on foc passage at two Council meetings prior to the meeting at which It Is to be finally adopted he IUspended and further moved final odopdon of the Ordinance. Seconded by Council Member Nagle. Carried by the following vote: Yea&-Mayoc Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡, Nays-None. Absent-Cooncil Member Deich. Council Member Nagle moved to ......alcler the action taken at the Council Meeting of Api! 5, 1993 regarding the mclasail'ylng of property located on PeMlylvania Avenue But of Butterfield Drive from R-I SIngle Family Residential District to PR Planned RClidential Dislrict and adopting a Conceptual Development Plan and to table the matter to the Council Mcelin8 of May 3. Seconded by Council Regular Session, April 19, 1993 120 Member Krieg. Carried by the fcl1owing vote: Yea&-Mayor Brady, Council Membera Klneaner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Councll Member Deich. Communication of City Manager recommending approval of a Community Development Block Geant Loan Agreement with Anasazi Exclusive Solon Products, Inc., presented and read. Council Member Krieg moved that the commnnlcation be received and filed. Seconded by Council Member Voetheq¡. Carried by the following vote: Yea&-Mayor Brady, Conncil Memhera Klneaner, Kries, Nagle, Nicholson, Voetbeq¡. Nays-None. Absent-Councll Member Deich. RFßOLUTION NO, 106-93 RFßOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH ANASAZI EXCLUSIVE SALON PRODUCTS, lNC, Whereas, under pmvislons of Title I of the Housins and Urban Development Act of 1974, as amended, the City of Dubuque has received Commonlty Development Block Grant Funds foc the purpose of stimulating economic development activities wilidn the commonlty, and Wbereas, the City of Dubuque, Iowa desires to assist Anasazi Exclusive Salon Products, Inc. in the start-up of a new professional beauty products company and to create permanent employment opportunities for low and moderate Income citizens; and Whereas, a Loan Asreemen~ a form of which is hereto attached and by dús reference made a pari hereof, is to he executed by Anasazi Solon Producls, Inc.. NOW, THEREFORE, BE IT RFßOL VED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City aerk be and they are hereby authorized and directed to execute, on hehalf of the City of Dubuque, Iowa, an agreement awarding a fifty thnusand dollar ($50,000) loan to Anasazi Exclusive Solon Products, Inc. Section 2. That the City Manager he and he is heRby authorized to disburse losn fuods from the Commonlty Development Block Geant entitlement fund, in accordance with the Iemui and conditions of the execnted Loan Agreement Passed, approved and adopted dús 19th day of April, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Voetheq¡. Carried by the following vote: Ye.ss-Mayor Brady, Council Membera Klueaner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Conncll Member Deich. Communication of City Manager submitting an Ordinance providing amendments to Chapter 27 of the Code of Ordinance "Human Relations" to make it consistent with State Code, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yea&-Mayor Brady, Council Membera Klueaner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. Absent-Council Member Deich. An Ordinance amending portions of Chapter 27 of the City Code of Ordinances pertaining to "Human Relations", presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO, 20.93 AN ORDINANCE AMENDING CHAPTER 27, HUMAN RELATIONS, OF THE CODE OF ORD1NANCFß OF TIlE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 27-21 PROVIDING FOR REMOVAL OF MEMBERS FOR UNEXCUSED ABSENCFß AND ADOPTING IN LIEU TllEREOF A NEW SECTION 27-21 PROVIDING FOR REMOVAL OF MEMBERS FOR UNEXCUSED ABSENCFß; BY REPEALING SECTION 27-23 RELATING TO MEETINGS AND ADOPTING IN LIEU TllEREOF A NEW SECTION 27.23 RELATING TO MEETINGS; BY REPEALING SECTION 27-24 RELATING TO A QUORUM AND ADOPTING IN LIEU TllEREOF A NEW SECTION 27.24 RELATING TO A QUORUM; BY REPEALING SECTION 27-27 RELATING TO POWERS AND DUTIFß AND ADOPTING IN LIEU THEREOF A NEW SECTION 27-27 RELATING TO POWERS AND DUTIES; BY REPEALING 121 Regular Session, April 19, 1993 SECTION 27-61 PROVIDING FOR PROHIBITED PRACTICFß IN THE AREA OF PUBLIC ACCOMMODATIONS AND ADOPTING IN LIEU THEREOF A NEW SECTION 27-61 PROVIDING FOR PROHlBlmD PRACTICFß IN TIlE AREA OF PUBLIC ACCOMMODATIONS; BY REPEALING 27.71 PROVIDING FOR PROHlBlmD PRACTICFß IN TIlE AREA OF EMPLOYMENT AND ADOPTING IN LIEU THEREOF A NEW SECTION 27-71 PROVIDING FOR PROHlBlmD PRACTlCFß IN TIlE AREA OF EMPLOYMENT; AND BY ADOPTING A NEW SECTION 27- 121 RELATING TO RULFß OF CONSTRUCTION. NOW, TllEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 27-21 of the Code of Ordinances of the City of Dubuque is hereby repealed, and the following new Section 27- 21 is hereby adopted: See. 27-21. Removal of members for unexeused absences. In the event a member of the commission created by lids article bas been absent for three (3) or moce consecutive meetings without being exeused by the chaiJperaon, the commission by rnajority vote may certify such fact to the city council and petition the city council to declare a vacancy by mason of such unexcused absence and appoint a successor to fill such vacancy. Section 2. Section 27-23 of the Code of Ordinances of the City of Dubuque Is hereby mpeo1ed, and the following new Section 27- 23 is hereby adopted: See. 27-23. Meetinss. (a) The commission shall meet not less than monthly on a regular basis. (b) The chairperson. the vice- cbairperaon, ..- any three (3) membera of the commission may call a special meeting by giving at least one clear day notice to every member of the connnlssion. The call for a special meeting shall include an agenda, and only mattera included in that agenda may he discussed at the meeting. (c) All meetings of the commission shall he held in conformanoe with the Iowa Open Meetings Law. (d) Membera of the human rights commission shall attend at least two- thInIl (2/3) of 011 regulady scbeduled meetings widún any twelve-month period. If any member does not auend such preacribed number of meetings, it shall constitute grounds foc the convnission to mconunend to the city council that laid member he replaced. Attendance of all memhera shall be entered on the ndnutes. Section 3. Section 27-24 of the Code of OrdInances of the City of Dubuque Is hereby repealed, and the following new Section 27- 24 is hereby adopted: See. 27-24. Quocum A quorum of the commission shall he five (5) mernbera. A majority of the members present and voting shall he necessary for the passage of any motion. The chaiJperaon shall vote as a memher of the commission. Section 4. Section 27-27 of the Code of Ordinances of the City of Dubuque is hereby mpeo1ed, and the following new Section 27- 27 is hereby adopted: See. 27-27. Powers and duties. The connnlssion created by dús article sholl have the following powers and duties: (I) To receive, inveatigate, and finally deteønlne the merits of complaints alleging uofalr or discrindnatory pesctices. (2) To investigate and study the existence, character, causes, and extent of discrindnation In public accommodations, employment, credit practices, apprenticeship programs, on-the-job training programs, vocational schools, other educational Institutions, and housing in lids city and to attempt the elIndnation of such discriødnation by education and conciliation. (3) To hold hearings upon any complaint made against a person, an employer, an employment agency or a laboc organization, or the employees or membera thereof, to subpoena witnesses and compel their attendance at such beatings, to adndnlster onths and take the testimony of any person under oath, and to compel such person, employer, employment agency ..-labor organization, oremployees oc members thereof, to produce foc examination any bocks and papera relating to any matter involved in such complaint. The commission shall issue subpoenas foc witnesses In the same manner and for the same Purpose on hehalf of the respondent upon the respondent's requeat. Such hearings may he held by the connnlssion, by any connnIasIoner, or by any hearIng examiner appointed by the convnission. If a wlbless either fails or refuses to ohey a subpoena issued Regular session, April 19, 1993 122 by the commission, the commission may petition the dislrict court having jurisdiction f..- issuance of a subpoena and the court shall, In a proper ease, Issue the subpoena. Refusal to obey such subpoena shall be subject to punishment for contempt. (4) To issue such publication and reports of investigations and research as In the judgment of the commissinn shall tend to promote good will among the vations protected groups under dús chapter which shall tend to minimize or eliminate discrimination in public aceommodatlons, employment, apprenticeship and on-the-job training programs, vocational schools, housing or credit because of age, race, creed, coIoc, sex, national origin, religion, ancestry, disability, familial status, or marital status. (5) To prepare and transmit to the mayor and city council, from time to time, but not less often than once each year, reports describing its proceedings, Investigations, hearings couducted and the outcome thereof, decisions rendered, and the other w..-k peñormed by the connnlssion. (6) To make recommendations to the city council foc such further legislation conceødng discrimination because of race, creed, co!oc, sex, national origin, religion, age, disability, marital status, familial status or ancestry as it may deem necessary and desirable. (7) To cooperate, wilidn the limits of any appropriations made for Its operation, with other agencies or organizations, both public and private, whose pwposes are consistent with those of dús chapter, and In the planning and conducting of programs designed to elIndnate raciol, religious, cultural, and Intergroup tensions. (s) To adop~ publish, amend, and rescind regulations consistent with and necessary for the enforcement of dús chapter. (9) The commission may delegate any of its functions, duties, and powers to Its staff including functions, dutiea and powera with reapect to investigating, conciliating, detemdnlng, certifying, reporting, or otherwise acting as to any work, business oc matter under dús chapter. (10) To receive, adndnlster, dispense and account for any restricted funds that may be voluntari1y conlributed to the cornødssion and any grants that may he awarded the commission for furthering the pwpoaes of dúl chapter. No dishuraements will he made of any reslricted funds without authority from the City ConncIJ. Section 5. Section 27-61 of the Code of Ordinances of the City of Dubuque is hereby mpeo1ed, and the following new Section 27- 61 Is hereby adopted: See. 27-61. Prohibited practices. It shall he an unfair oc discrindnatory pesctice foc any owner, lessee, sublessee, proprietor, manager, or superintendent of any public acconunodation oc any agent or employee thereof: (I) To refuse oc deny to any peraon because of race, disability, creed, coIoc, sex, age, national origin, or religion the accommodations, advantages, facilitiea, services, or privileges thereof, or otherwise to discriminate against any peraon because of race, creed, color, sex, age, national origin, religion, oc disability in the furnishing of such accommodations, advantages\facilities, services or privilegea. (2) To directly or Indirectly advertise or In any other manner indicate or publicize that the patronage of peraons of any particular race, creed, color, sex, age, national origin, relIgion or disability is unwelcome, objectionable, not acceptable, or not solicited. Section 6. Section 27-71 of the Code of Ordinances of the City of Dubuque Is hereby repealed, and the following new Section 27- 71 il hereby adopted: See. 27-11. Prohibited practices. It shall he an unfair oc discrindnatory pesctice for any: (1) Person to refuse to hire, aecep~ register, classify, or refer for employmen~ to dischaq¡e any employee, or to otherwise discrindnate in employment against any applicant for employment or any employee because of the race, creed, color, sex, age, national origin, religion or disability of snch app1leant or employee, unless based upon the nature of the occupation. If a disabled peraon is qualified to peñcnn a particular occupation, by mason of training or experience, the natom of that occupation shall not be the basis for exception to the uofalr oc discriminatory pesctices, prolúbited by dús subsection. (2) Labor .,{ganlzations or the employees, agents, or membera thereof to refuse to adndt to memberahlp any applIcan~ to expel any member, or to otherwise diseriødnate against any applicant foc memherahlp or any member in the privileges, rights, or 123 Regular session, April 19, 1993 heuefits of such membership because of the race, creed, color, sex, age, national origin, religion oc disability of such applicant oc member. (3) Employer, employment agency, laboc ocganlzation, oc the employees, agents, oc membera thereof, to dùectly or indùectly advertise or in any other manner Indicate or publicize that Individual. of any particulll' race, creed, color, sex, age, natioual origin, religion, oc disahillty are unwelcome, objectionable, not acceptable, or not solicited for employment or memberahlp, unless based upon the nature of the occupation. If a disabled peraon Is qualified to peñOl'D1 a particular occupation by mason of training oc experience, the natoJe of that occupation shall not he the basis for exception to the unfair or dlscriminatcsy pnsctices prohibited by lids subsection. An employer, employment agency, or their e~oyees, servants or agents, may offer employment or advertise for employment to only the disabled when other applicants have available to them other employment compatible with their ability which would not he available to the disabled because of their handicap. Any such employment or offer of employment shall not discriminate among the disabled on the basis of race, color, creed, sex or national origin. (4) Person to soIieit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibedy to the human immunodeficiency virus or to affect the tenus, conditions, or privileges of employment oc terminate the employment of any employee solely as a .result of the erq>loyee obtaining a test for the presence of the antibody to the human immunodeficiency virus. An agreement hetween an employer, employment agency, labor organization, oc their employees, agents, or membera and an e~oyee oc prospective employee concerning employmen~ pay, or benefits to an employee or prospective employee In return for taldng a test foc the presence of the antibody to the human immunodeficiency virus, is probibited. The prohibitions of lids -ph do not apply if the state epidemiologist determines and the director of public health declares through the utilization of guldellnea eatabllshed by the Center for Disease Control of the United Sta.,. Department of Health and Human Services, that a peraon with a condition related to acquired immune deficiency syndrome poses a significant risk of transmission of the human immunodeficiency virus to other persons in a specific occupation. (5) E~oyment policies relating to pregnancy and ehlldhlrth shall be governed by the following: a. A written or unwriUen employment policy oc pnsctice which excludea from employment applicants or employees because of the employee's pregnancy Is a prima facie violation of lids chapter. b. Disa1dllties caused or conlribnted to by the employee's pregnancy, miscarriage, childhlrtb, and recovery therefrom are, foc all job-related pwposes, tempocary disoldllties and shall he 1reated as such under any health or temporary disability Insurance or sick leave plan available In connection with employment. Written and unwriUen employment policies and practices Involving maUera such as the coøunencement and duration of leave, the availability of extensions, the accrual of seniority and other henefits and privileges, reinstatemen~ and payment under any health or temporary disability insurance or sick leave plan, formal or informal, shall he applied to a disa1dllty due to the employee's pregnancy oc giving birth, on the same tenus and conditions as they are applied to other temporary disoldllties. c. Disa1dllties caused or conlributed to by legal abortion and recovery therefrom are, for all job-related pwposes, tempocary disahillties and shall he 1reated as such under any temporary disability or sick leave plan available In connection with employment WriUen and unwriUen employment polIciea and pmctices involving mattera such as the commencement and duration of leave, the avallahillty of extensions, the acaual of seniority and other henefits and privileges, reinstatemen~ and payment under any temporary disability insurance or sick leave plan, formal oc informal, shall he applied to a disability due to legal abortion on the same terms and conditions as they are applied to other temporary disabilities. The e~oyer may elect to exclude health insurance coverage for abortion from a plan provided by the employer, except where the life of the mother would he endangered if the fetus were Regular Se88lon, .-pr1119, 1993 124 carried to term oc where medical complication. have arisen from an aboction. d. An employer shall not terminate the employment of a peraon disabled by pregnancy because of the employee'. pregnancy. e. Where a leave is not available oc a sufficient leave Is not available under any health or temporary disability insuranoe or sick leave plan available in connection with employmen~ the employer of the pregnant e~oyee shall not refuse to grant to the employee who is disabled by the pregnancy a leave of absence if the leave of absence is for the period that the employee is disabled because of the employee's pregnancy, childbirth, or related medleal condition., or for eight weeks, whlcbever is leas. However, the employee must provide timely notice of the period of leave requested and the employer must approve any change in the peried requested hefore the change is effective. Befoce gmnting the leave of absence, the employer may require that the employee's disability resulting from pregnancy he verified by medlcol certification stating that the employee is not able to reasonably perform the duties of employment Section 1. A new Section 21-121 Is hereby adopted: Sec. 21-121. Rule of Conslruction. This chapter shall he construed broadly to effectua., its pwposes. Section 8. ThIs ordinance shall take effect on publication. Passed, approved and adopted lids 19th day of April, 1993. James E. Brady Mayor Attest: Mary A. Davis City aerk Published officially In the Telegraph Herald newspaper lids 21th day of April, 1993. Mary A. Davis CMC It 4f21 City aerk Council Member Voetheq¡ moved that lids he considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance he considered and voted on for passage at two Connell meetings prior to the meeting at which It is to he finally adopted be suspended and forther moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Carried by the following vote: Yea&-Mayor Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Council Member Deich. Commun1cation of aty Manager recommending to purchase property located at 2658 Jockson St, presented and read Council Member Nagle moved that the communication he received and filed. Seconded by Council Member Voetheq¡. Carried by the following vote: Yeas-Mayor Brady, Council Memhera Klueaner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Council Member Deich. RESOLUTION NO, 107-93 RESOLUTION OF INTENT TO ACQUIRE REAL FßTATE AT 2658 JACKSON STREET, IN TIlE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque is connnlUed to eoforcement of housing quality standards and to the provision of assistance toward the addition of housing units to the City's Inventory; and Whereas, acquisition of suitable properties, in specific instances, is an appropriate means of achieving these goals. NOW, TlIEREFORE, BE IT RFßOL VED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby gives notice of its intent to acquire the follnwing legally described property from the seller, William B. Mon"lIus: The Northerly One-Half (N 1f2) of Lot Number Two Hundted Twenty-Six (226) In Gleuda1e Addition Number Three (3) in the City of Dubuque, in the County of Dubuque, Iowa, according to the recorded plat thereof at the cost of Fourteen Thousand Seven Hundred Dollara ($14,100), subject to review and approval of a deed conveying such property. Section 2. That the City Manager is hereby authorized and directed to purchase said property, subject to the terms and coudltions of the aUacbed offer. Passed, approved and adopted this 19th day of April, 1993. James E. Bnocly Mayor Attest: Mary A. Davis City Cierk Council Member Nagle moved adoption of the ReaoIution. Seconded by Council Member Voetheq¡. Carried by the followin8 vote: Yea&-Mayor Brady, Council Members Klueaner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. Absent-Councll Member Deich. 125 Regular session, April 19, 1993 Communication of City Manager n:commending to purchase property located at 464 Locas Blvd., presented and read. Council Member Voetheq¡ moved that the coomurdcation he received and filed. Seconded by Council Member Nogle. Carried by the following vote: Yeas-Mayor Brady, Council Memhera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent--<::ouncil Member Deich. adoption of the 1993 edition of National Eleclrico1 Code, presented and read. Council Memher Voetheq¡ moved that the coomurdcation he received and filed. Seconded by Council Memher Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent--<::ouncil Member Deieh. An Ordinance amending Chapter 18 of the City Code of Ordinances by revising and reenacting an Eleclrico1 Code, presented and resd. RESOLUTION NO. 108-93 RESOLUTION OF INTENT TO ACQUIRE REAL FßTATE AT 464 LORAS BOULEVARD, IN THE CITY OF DUBUQUE. Whereas, the City of Dubuque Is connnltted to eoforcement of housing quality standards and to the provision of assistance toward the addition of housing urdts to the City's Inventory; and Whereas, acquisition of suitable properties, In specific instances, is an appropriate means of achieving these goals. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby gives notice of its Intent to acquire the following legally deacribed property from the sellers, MIchael I. and Rebecca O'Rourke: The Weat One-half (W ) of Lot Six (6) in AL. Brown's Subdlvl.ion and the East Two Feet (E 2') of Lot Seven (7), in the City of Dubuque, In the County of Dubuque, Iowa, IICCOIdIng to the recorded plat thereof at the cost of Eleven Tbonsand Ddlars ($11,000), subject to review and approval of a deed conveying such property. Section 2. That the City Manager is hereby authorized and directed to purchase said property, subject to the terms and conditions of the attacbed offer. Passed, approved and adopted lids 19th day of April, 1993. (OFFICIAL PUBLICATION) ORDINANCE NO. 21.93 AN ORDINANCE OF THE CITY OF DUBUQUE, lOW A, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SECTION 18.1 AND ARTlCLFß 82 AND 83-3(3) OF SECTION 18.2. AND ENACTING NEW SECTION 18.1 AND ARTICLE 82 AND 83-3(3). THEREOF PERTAINING TO REVISING AND REENACTING AN ELECTRICAL CODE FOR THE CITY OF DUBUQUE, IOWA, NOW, TllEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That Sections 18-1. and 83- 3(3). and Article 82. of the Code of Ordinance. of the City of Dubuque Is hereby repealed. Section 2. The following new Sections 18-1. and 83.3(3). and Article 82. is hereby adopted: Section 18-1. National Eleclrical Code Adopted. Except as hereinafter added to, deleted, modified oc amended, there is hereby adopted by reference as the e1eclrical code of the City that certain e1eclrical code known as the Nationol EIeclrico1 Code, 1993 Edition, as prepared and edited by the National Firc Protection Association of Qulney, Maryland: and the provisions of such e1eclrical code shall he conb'OllIng in the supply of eleclricity and In the Installation, maintenance and use of all eleclrical cooductora and equipment and installation of uptical fiber cable wilidn the corporate limits of the city and shall he known as the "Dubuque Eleclrical Code." A copy of the Natioool Eleclrical Code, 1993 Edition, as adopted. .haII he on file In the office of the City Cierk for pabllc Inspection. "82-1. (a) Permits required. Except as specified in subsections (b) and (c) of lids James E. Brady Mayor Attest: Msry A. Davis CityCierk Counell Member Voetheq¡ moved adoption of the Resolution. Seconded by Council Memher Nagle. Carried by the following vote: Yea&-May<r Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. - Nays-None. Absent--<::ouncil Member Deich. Communication of City Manager subndnlng an OrdInance providing foc the Regular session, April 19, 1993 126 section, no eleclrical system regulated by lids code shall he Installed, oltered, repaired, replaced or remodeled unle.. a separate e1eclrical permit foc each building or slmctom has first been obtained from the building officIal. (b) Exempt work. An eleclrico1 permit shall not he required foc the following: (1) Portable motora or other portable appliances energized by means of a coni <r cable having an attachment pIng end to he connected to an approved receptacle when that coni or cable is permitted by lids code. (2) Repair or replacement of fixed motora, transformera or fixed approved appliances of the same type and rating In the same location. (3) Ternponuy decocative lighting. (4) Repair or replacement of current- carrying parts of any switeb, contactoc oc coob'Ol device. (5) Reinstallation of attachment plug receptacles, but not the oudets therefor. (6) Repair oc replacement of any overcurmnt device of the required capacity in the same location. (1) Repair or replacement of eleclrodes or transformera of the same size and capacity for signs or gas tuhe systems. (8) Taping joints. (9) Removal of eleclrico1 wiring. (10) Ternponuy wiring foc e.xperimental pwposes in suitable experimental labocatories. (11) The wirln8 roc ternponuy theater, motion picture or television stage sets. However, any such e.xempted w<rk that is to be performed In other than a single family home by the home owner, shall be peñormed oc dlrecdy supervised by a city licensed aass I, 11 or J e1eclrician. Exemption from the permit requirements of lids code shall not he deemed to grant authorization fOl" any work to he done in violation of the provisions of lids code or any other laws oc ordinances of dús jurisdiction. (c) Exempt systems and utilities. An eleclrical permit shall not he required for the following: (I) Eleclrico1 wlrin8, devices, appliances, apparatus or equipment operation at Ie.. than twenty-five (25) volts and not capable of supplying"""" than fifty (SO) watts of eneq¡y. (2) Low energy power, conb'Ol and signal circuits ofaasses 11 and J as defined in dús code. (3) A permit shall not be required for the installation, alteration or repair of e1eclrico1 wiring, apparatus or equipment oc the generation, transmis.ion, dislribution <r metering of eleclrical energy 01" In the operation of signals or the transmission of intelligence by a publle 01" private utility in the e.xercise of its function as a serving utility. Exemption from the permit requirements of lid. code .haII not be deemed to grant authorization for any work to he done in violation of the provisions of lid. code or any other laws oc ordinances of dús jurisdiction." "83-3(3). aass III. Journeyman eleclrician's certificate of competency shall entide the holder thereof to undertake the work of Installing, ntaintainlng, altering and repairing eleclrico1 devices, appliances and equipment In the employ of an eleclrical contractor. Section 3. This ordinance shall take effect Immediately upon pobllcation as provided by law. Passed, approved and adopted lids 19th day of April, 1993. James E. Brady Mayor Attest: Mary A. Davis ("ity Clerk Published officially In the Tekgraph Herald newspaper dús 30th day of April, 1993. Mary A. Davis CMC 11 4ßO City Cierk Council Member Voetbeq¡ moved that lids he consideted the firat 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 he finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Nagle. Carried by the following vole: Yea&-Mayoc Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays-None. Absent--<::ounell Member Deich. RESOLUTION NO, 109-93 Whereas, applications for Beer Permits have been subndtted and filed to lids Council for approval and the same have been examined and approved; and Whereas, the preødsea to he occupied by such applicants were Inspected and found to comply with the Ordinances of lids City and have filed proper bonds. 127 Regular Session, April 19, 1993 Regular session, April 19, 1993 128 NOW, TIIEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the Manager he authorized to cause to he Issued the following named applicants a Beer Permit CLASS "B" BEER PBRMlT Donna M. Ginter Special Event(Five Day) Sunday Salea 7th &; Main CLASS "C" BEER PBRMIT Walgreen Co. Walgreens Sunday Sales 555 I. F. Kennedy Sally Jo Herrig Grandvlew MIlk House Sunday Soles 620 S. Geandvlew Passed, approved and adopted dús 19th day of April, 1993. James E. Brady Mayor Attest: Mary A Davis City Cieri< Council Memher Nagle moved adoption of the Reaolution. Seconded by Council Member Voetherg. Carried by the following vote: Yea&-Mayor Brady, Council Memhera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Council Member Deich. RFßOLUTION NO. 110.93 Whereas, applications for Liquor Licenses have been subndUed to lids Council for approval and the same have been exandned and approved; and Wbereas, the pmndsea to he occupied by such applicants were Inspected and found to comply with the Stale Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW, TllEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the Manager he authorized to cause to he issued the following named applicants a Liquor License. CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Loyal Order of MooseDubuque Lodge *355 Suuday Salea 1166 Main St CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Central Tap, Inc. Central Tap, Inc. Sunday Salea 1046 Central Marco's, Inc. Marco's Iudlan Rest 2022 Central Weat Dubuque Tap 1101 Asbury Shot Tower Inn 390 Locust Bodine's 1445 Central Wlndsoc Tap 2401 Central Donna M. Ginter Sunday Salea D.B.Q.,lne. Sunday Salea Jodi Blewett C &;J'slne. Sunday Salea CLASS "LE" LIQUOR Eagle Food Center,lne.Eagle Food Ctr *18 300 S. LocuSt Passed, approved and adopted lids 19th day of April, 1993. Rosd and the Northwesl Arteriol from AG to R-I Dislrict as requested by Dubuque Soccer AllIance. presented and mad. Council Member Kluesner moved that the communication he received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Council Member Deich. An Ordinance amendins Zoning Ordinance by reclassifying property located North of the Northwest Arterial and South of Kennedy Rosd from AG Agricultural Dislrict to R-I Single-Family Reaidontial Dislrie~ with Conditions, presented and read. Council Member Kluesner moved that dús he considered the firat reading of the Ordinance, and that the requJroment that a proposed Ordinance he considered and voted on for passage at two Council meetings prior to the meeting at which it is to he finally adopted he suspended and further moved that a Public Hearing he held on the Proposed Ordinance on the 3m day of May, 1993 at 7:30 p.m in the Public Library Auditorium and that the City Council publish notice in the manner prescribed by law. Seconded by Council Member Nagle. Carried by the following vote: Yea&-Mayoc Brady, Conncil Membera Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. Absent-Councll Member Deich. Communication of City Manager requesting to set a public hearing foc May 3, 1993 reganllng Landmark Designations, presented and read. Council Member Voetheq¡ moved that the communication he received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yea&-Mayor Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, I Voetheq¡. Nays-None. Absent-Councll Member Deich. An Ordinance amending Chapter 25 by adding new sections 25-6.6, 25-6.7, 25-6.S, 25-6.9, 25-6.10, 25-6.11 and 25-6.12 providing for the designation of various landmarks, presented and mad. Council Member Voetheq¡ moved that this he considered the firat reading of the Ordinance, and that the reqairement that a proposed Ordinance he considered and voted on for passage at two Council meetings p;oc to the meeting at which it is to he finally adopted be suspended and further moved that a Public Hearing be held on the Proposed Ordinance on the 3m day of May, 1993 at 7:30 p.m in\¡he Public Library Andltorium and that the City aerk publish notice In the manner prescribed by law. Seconded by Council Member Nagle. Carried by the James E. Brady Mayor Attest: Mary A Davis City Cierk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Voetheq¡. Carried by the following vote: Yea&-Mayor Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson. Voetheq¡. Nays-None. Absent-Council Member Deich. Communication of Zoning Commission advising of their approval to rezone properties located West of Kerper Boulevard and East of Freeway 61/151 (former A. Y. McDonald plant area) from Mill to POS zoning, presented and read. Conncil Memher Voelheq¡ moved that the commnnlcation he received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Memhers Kluesner, Krieg, Nagle, Nicholson, Voelheq¡. Nays-None. Absent-Council Memher Deich. An Ordinance ameudlns Code of Or- dinancea by reclassifying propertiea located East of Freeway 61/151, North of 12th Stree~ Sooth of 16th Street and Weal of Kerper BolÙevard, from ill Heavy Industtisl Dislrict to POS Public Open Space Dislricl; and property East and South of Freeway 6111~I, North of 16th Sb'eet and West of Kerper Boulevard, from ill Heavy Industtisl Distriet to Mill Modified Heavy Industtisl Dislric~ presented and read. Council Member Voetherg moved that this he considered the firat reading of the Ordinance, and that the reqairemenl that a proposed Ordinance be considered and voted on for passage at two Council meetings prioc 10 the meeting at which it Is to he finally ndopted he suspended and further moved that a Public Hearing he held on the Proposed Ordinance on the 17th day of May, 1993 al 7:30 p.m In the Public Library Auditorium and that the aty Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nagle. Carried by the following vote: Yea&-Mayoc Brady, Council Membera Kluesner, Krieg, Nagle, Niebolson, Voetherg. Nays-None. Absent-Council Member Deich. Communication of ZonInS Commission advising of their approval to rezone property located at Northwest comer of Kennedy following vOle: Yea&-May« Brody, Council Momhen Kluesner, Kries, Nagle, Nicholson, Voelheq¡. Nays-None. Absent-COlUl(jJ Member Doich. Commnnlcation of City Manager subnrittlng documents providing foc the bidding process foc the construction of the Purina Drive Slorm Sewer proj..~ presented and read. Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yea&-Mayor Brady, Council Memhera Kluesner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. Absent-Council Member Deich. RESOLUTION NO, 111.93 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, TllEREFORE, BE IT RFßOL VED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost foc the Purina Drive Stmn Sewer Extension, in the estimated IIßIOIUt of $42,133.61, am hereby approved and ordered filed In the office of the aty aerk for pobllc InspectiolL Passed, approved and adopted this 19th day of April, 1993. James E. Brady Mayor Mary A. Davis City Cierk Council Memher Nagle moved adoption of the Rel<Jiution. Seconded by Council Member Nicholson. Carried by the following vole: Yea&-May« Brady, Council Membe.. Kluesner, Krieg, Nagle, Nicholson, Voetbers. Nays-None. Absent-Council Member Deieh. RFßOLUTION NO. 112-93 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the aty of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City aerk for public Inspection of the Purina Drive Slorm Sewer Extension. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That on the 3m day of May, 1993, a public hearing will he held at 7:30 p.m in the Public LIbrary Auditorium at which time Interested peraons may - and he heard for or against the proposed plans and 129 Regular Session, April 19, 1993 specifications, form of con_t and COlt of said Improvemen~ and the City aerk he and is hereby directed to cause a notice of time and place of such hearing to he publilhed in a newlpsper having general circulation in the City of Dubuque, Iowa, which notice lhall he not less than four days DOC """" than twenty days prior to the day fixed for its consideration. At the hearing, any in_,ted penlon may - and file objections to the proposed plans, specifications, contrac~ or estimated cost of the iJ11'l'Ovement Passed, adopted and approved dús 19th day of April, 1993. Council Memher Nagle moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vole: Yea&-Mayoc Brady, Council Memhera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Council Memher Deich. James E. Brady Mayor MINUTES SUBMITTED -- Cable Community Tcleprogmmming Comndssion of 4.6; Civil Service Connnlssion of 2-11; Conununlty Development Connnlssion of 3- 30; IliltoriC Preservation Conunission of 4-7; Library Board of 3-23 Long Range Planning Connnlssion of 3.17, Park 8< Recreation Connnlssion of 3-9; Zoning Board of Adjustment of 3-25; Zoning Connnlsslon of 4-17, presented and read. Council Member Krieg moved that the ndnutes be received and filed. Seconded by Council Memher Voetheq¡. Carried by the following vote: Yeas-Mayor Brady, Council Memhers Klueaner, KrieS, Nagle, Nicholson, Voetbeq¡. Nays-None. Absent-Council Memher Deich. Attest: Mary A. Davis City Cierk Council Member Nagle moved adoption of the Reaolution. Seconded by Council Member Nicholson. Carried by the following vote: Yea&-Mayoc Brady, Council Membe.. Kluesner, Kries, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Council Memher Deich. RFßOLUT10N NO. 113.93 ORDERING BIDS NOW TlIEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Purina Drive Storm Sewer Extension is hereby ordeted to he advertised for bids for conslrnCtion. BE IT FURTIIER RESOLVED, that the amount of the security to accompany each bid shall he in an amount which shall cooform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the conltroction of the improvements herein provided, to he published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not he Ie.. than four days nor mom than twenty days prior to the receipt of said bids at 2:00 p.m on the 27th day of April, 1993. Bids shall he opened and read by the City aerli: at said time and will he submiUed to the Council for final action at 7:30 p.m on the 3rd day of May, 1993. Passed, adopted and approved dús 19th day of April, 1993. NOTICES OF CLAIMS/SUITS -- Marlin Avenadus in the amount of $300.00 for property damages; Donald Block In amount of $166.29 for vehicle darnagea, Cynlida S. Hanson, in amount of $203.03 for vehicle damages; Ron Schmal In amount of $55.00 for property damage loss, presented and mad. Council Member Krieg moved that the claims and suits he referted to the Legal Staff for Investigation and report. Seconded by Council Member Voetherg. Cartied by the following vote: Yea&-Mayoc Brady, Council Memhera Kluesner, Kries, Nagle, Nieholson, Voetheq¡. Nays-None. Absent-Council Member Deich. Attest: Mary A. Davis City Cierk James E. Brady Mayor Conunnalcations of Coqx>ration Counsel advising the following claims have becn referted to Crawford 8< Company, the agent for the Iowa Communltiea Assurance Pool: PellOllol injury of David J. George, Car/tire damage of Peggy Ha11aban; Peraonal injury of Ms. Aølell Hoff; Peraonallnjury of Pearl F. Kohnen; Car damage of Ms. Lesley Lyons, Persona1 Injury of Alñieda Mieraen, Property damage of Beverly MIller, Tire damage of Steven Ready, Car damage of Venita Ward, presented and read. Council Member Krieg moved that the COOUIIunlcations he received and filed. Seconded by Council Member VoetberS. Carried by the following vote: Yeas-Mayor Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nay~one. Absent-Council Member Delch. Regular session, April 19, 1993 130 Communication of CoIponation Counsel advising tow charge reimbursement claim of William Kraus has been referted to Portzen ConslrnCtion for handling, presented and mad. Council Member Krieg moved that the COOUIIunlcations he received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayoc Brady, Council Membera Klneaner, Krieg, Nagle, Nicholson, Voetberg. Nay~one. Absent-Council Member Deich. Conununlcation of Corporation Counsel recommending settlement of Motoccycle damage claim of Mike Paradiso In the amount of $20.00 and directing FInance Directoc to issue proper cheek, presented and mad. Council Memher Krieg moved that the conununlcation he received and filed and approved settlement Seconded by Council Member Voetheq¡. Carried by the following vote: Yeas-Mayor Brady, Council Membera Klueaner. Krieg, Nagle, Nicholson, Voetheq¡. N~s-~nc. Absent-Council Member Deich. Petition of Robert Kruse, containing 4 signatures, requesting Conncil to oonsider lifting the ban against parking on the Wcst side of North Geandview from Bunker Hill Golf Course to aarke Drive, presented and read. Council Member Krieg moved that the petition he referred to the City Manager. Seconded by Council Member Voetberg. Carried by the following vote: Yea&-Mayor Brady, Council Membera Klueaner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. Absent-Council Member Deich. Petition of Duhoque Golf and Country Club requesting pemdssion to display fireworlcs on July 4, 1993 at about 9:00 p.m on the property, presented and mad. Council Member Krieg moved that the petition he approved subject to implementation with the City Manager's Office. Seconded by Council Member Voetberg. Carried by the following vole: Yea&-Mayoc Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nay~one. Absent-Council Member Deich. Conununlcatlon of Dubuque County Board of Supervisors advising of their concerns with the flow of the Lillie Muquoketa River into the MIssissippi River, presented and read. Council Member Krieg moved that the oommunlcation he received and filed. Seconded by Conncil Member Voetheq¡. Carried by the following vote: Yea&-Mayor Brady, Council Membera Klueaner, Krieg, Nagle, Nichelson, Voetheq¡. Nay~one. Deich. Absent-Council Member Communication of AUocney James A. O'Brien, on heha1f of Tax Investments, Lid., submitting Notice of Expiration of Right of Redemption on vorious -- In the City, presented and mad. Council Member Krieg moved that the communication he received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yea&-Mayor Brady, Council Membera Klueancr, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Council Member Dclch. Petition of Linda Boothby requesting to purchase property located east of 967 Thomas Place, presented and read. Council Member Krieg moved that the petition he referted to the City Manager. Seconded by Council Member Voetberg. Carried by the following vole: Yea&-Mayoc Brady, Council Memhera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nay~one. Absent-Council Member Deich. REFUNDS REQUESTED -- Budde's SpoI1 Bar 8< Grille, $25.00 On unCJ<pired Cigarette Ucense, presented and read. Council Member Krieg moved that the refunds he approved and Finance Directo.- to I..ue proper cbeck. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Memhera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nayo-None. Absent-Councll Member Deich. Proof of Publication on Lilt of CIainu paid for the month of February, 1993 and communication of Finance Director submitting Financial Reports foc Mareh, 1993, presented and mad. Council Member Krieg moved that the poof and communication he received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yea&-Mayc< Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. Absent-Council Member Deich. Communication of Iowa Department of Transpcnation advising of their intent to sell certain pamels of mal estate, presented and read. Council Member Krieg moved that the communication he referred to the City Manager. Seconded by Council Member Voetheq¡. Carried by the following vote: Yea&-Mayor Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Council Member Deich. 131 Regular session, April 19. 1993 Regular session, ~r1l19, 1993 132 Conmwlication of ZonIng CormIiuion advisin¡ of their opprovli ollinol plat foc IdI- J!atates, _led and read. Council Member Krieg moved that the c:ommwlication he received and filad. Secooded by Council Member Voetherg. Carried by the following vote: Yeas-Mayor Brady, Council Membera Kluelner, Krieg, Nagle, Nieholson, Voetheq¡. Nays-None. Absent-Council Member Deich. RESOLUTION No. 114.93 A RESOLUTION APPROVING THE FINAL PLAT OF IDLEBROOK FßTATFß IN TIlE CITY OF DUBUQUE, IOWA. Wbereas, there has been filed with the City Clerk a final plat of Idlebrook Estates In the City of Dubuque, Iowa; and Whereas, upon said final plat appear street(s) to he known as Idlebrook Co~ together with certain public utility and stam sewer easements which the Owner by uid final plat has dedicated to the public forever, and Whereas, uid final plat has been found to comply with the pmlIødnary plat opproved by the Zoning Connnlsaion and had its approval endorsed thereon subject to the owner agreeing to the conditions noted in Section 2 helow; and Whereas, uid final plat has been exandned by the City Council and they find that it conforms to the statutes and ordinances relating to i~ except that no streets or pobllc utilities have yet been constructed or Installed; and Whereas, the City Council concurs in the conditions of approval eatabllsbed by the Zoning Connnlssion. NOW, TllEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Lot A (Idlebrook Court), together with the easements foc public utilltiea and stam sewer, as they appear upon uid final pI~ he and the same am hereby accepted; and Section 2. That the plat of Idlebrook Es_s is hereby approved and the Mayor and City Clerk am hereby authorized and directed to endorse the approvli of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce Idlebrook Court to gndc and to construct concrote curb and gu- and to hard surface with uphaltie concrete, or with concrote paving with Integral curb, all In acconIance with the City of Dubuque standard specifications, all In a manner acceptable to the City Ensineer and In conformance with construction Imp'Ovement plans approved by the City Engineer. b. To install sanltsry sewer mains and sewer senice 1atenls Into each Indlvldnal lot, waoer mains and water service laterals into each indlvidua1lo~ stonn sewers and catch basins, boulevard street lighting and erosion conlrol devices all in accocdance with the City of Dubuque standard specifications and in accon!ance with construction improvement plans spproved by the aty Engineer, and inspected by the City Engineer. c. To construct uid improvements, except sidewalks, within oue year from the date of acceptance of lids resolution, at the aoIe expense of the subdivider, as owner, or IUtwe owner, d. To maintain the public improvements, except sidewalks, foc a period of two (2) yean from the date of the acceptance of those Ïß¥OVements by the City of Dubuque, Iowa, at the sole expense of the subdivider, as owner, oc futwe owner, e. To construct sidewalks in accordance with the requirements of Section 42-24(e) of the City Code, specifically: Sidewalk installation shall he the responsibility of the owner of the property abutting the public right-of-way. The responsibility shall extend to all succea- sora, heirs and assignees. Sidewaik installation will not he required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not he requited until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. f. To provide the necessary easements and piping for sanltsry sewer and. water senice lalerals for improvements 10 Lot 12. And further provided that said Randy Stecher, as owner of said property. shall secure the performance of the focegoing conditiona provided In Section 2 by providing security In such form and with such suretiea as may he acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. That in the event the owner shall fail to execute the acceptance and furnish the security provided in Section 2 berecf within focty-five (45) days after the date of the Resolution, the provisions hereof shall be nall and void and the acceptance of the dedication and approvli the plat shall not he effective. Passed, approved and adopted this 19th day of April, 1993. lames E. Brady Mayoc Aueat: Mary A. Davis City aerk ACCEPTANCE OF RESOLUTION NO. 114-93 I, the undersigned, Randy Stecher, having read the tenns and coudltions of the Resolution No. 114-93 and being familiar with the conditions thereof, hereby accept dús same and agree to the conditions required therein. Dated in Dubuque, Iowa this 20th of May, 1993. By IsJRandall J. Stecher TO: Mary A. Davis City aerk ThIs is to certify that the required security for the foregoing Resolution No. 114-93 has been pmperly filed. Dated at Dubuque, Iowa, this 26th day of May, 1993. MIchael C. Van MIlligen City Manager Council Member Krieg moved adoption of the Reaolution. Seconded by Council Member Voetheq¡. Carried by the following vote: Yea&-Mayoc Brady, Council Memhera Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays-None. Absent-Council Member Deich. Connnurdcation of Zoning Connnlssion advising of their approval of final plat of Subdivision of Lot 1-1-1-2-1 HawkeyeStock Fann, presented and read. Council Member Kdeg moved that the communication he received and rued. Seconded by Council Member Voetbeq¡. Carried by the following vote: Yea&-Mayor Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Council Member Deieh. RFßOLUTION NO. 115-93 RFßOLUT10N APPROVING TIlE FINAL PLAT OF LOT 1 OF WT 1 OFWT10FWT20FLOTI HAWKEYE STOCK FARM IN THE CITY OF DUBUQUE, IOWA, Wbeceas, there has been filed with the City aerk a final plat of Lot I of Lot I of Lot I of Lot 2 of Lot I Hawkeye Stock Fann, In the City of Dubuque, Iowa; and Whereas, said final plat has been exandned by the City Zoning Connnlsslon and had Its approval eudorsed thereon, and Whereas, said final plat has been approved by the City Zoning ConnnIssion of the City of Dubuque, Iowa. Wbeceas, said final plat has been exandned by the City Council and the City Council finds that the same confonns to the statutes and ORtiuances relating thereto. NOW TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the ahove-described final plat be and the same is hereby approved and the Mayor and City aerk am hereby authorired and directed to endorse the approval of the City of Dubuque upon said final pial Passed, approved and adopted this 19th day of April, 1993. lames E. Brady Mayor Attest: Mary A. Davis City Cierk Council Member Krieg moved adoption of the Reaolution. Seconded by Council Member Voetheq¡. Carried by the following vote: Yea&-Mayor Brady, Council Membera Kluelner, Krieg, Nagle, Nicholson, Voetheq¡. Nayo-None. Absent-Councll Member Deich. Connnunication of City Manager recommending approval of final plat of MarNa Ridge Estates II, presented and read. Council Member Krieg moved that the connnwlication he received and filed. Secooded by Council Member Voetheq¡. Carried by the following vote: Yea&-Maynr Brady, Council Membera Kluelner, Kdeg, Nagle, Nichdson, Voetbeq¡. Nays-None. Absent-Council Mentber Delch. RFßOLUTION NO. 116.93 A RESOLUTION APPROVING THE FINAL PLAT OF LoIs 1.19 INCLUSIVE OF BLOCK 1, WT A, LOT B, WT C AND LOT D OF MARNA RIDGE FßTATFß 2 IN THE CITY OF DUBUQUE, IOWA, Wbereas, there has been filed with the City Cierk a final plat Lots 1-191nc1uslve, of Block I, Lot A, Lot B, Lot C, and Lot D of Mama Ridge Estates 2 In the City of Dubuque, Iowa; and Whereas, upon said final plat appear a street to be known as Geroldlne Drive, together with certain public utility and sanltsry sewer easements which the Owners by said final plat have dedicated to the public forever, and Wbeceas, said final plat has been examined by the Zoning Commission and 133 Regular Session, April 19. 1993 had Its _val endocsed thetocn IUbject the owner(s) osmeIn8 to the conditions noted In Section 2 helow; and Wbemas, said final plat has been examined by the City Council and they find that it confmns to the statu"" and ordinances relating to I~ except that no stJæts or public utilities have yet been CODltrueted or Installed, and Whereas, the City Council concun in the conditions of approval eatabllsbed by the Zoning Connnlssion. NOW, TllEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Geroldlne Drive, together with the easements for public utilities, sanitary sewer, storm sewer and waler mains as they appear upon said final plat, he and the same am hereby accepted; and Section 2. That the plat of Lots 1-19 inclusive of Block 1, Lot A, Lot B, Lot C, and Lot D of Msrna Ridse Estates 2 is hereby approved and the Mayoc and City Clerk am hereby authorized and directed to endorae the approval of the City of Dubuque, Iowa, npon said final pl~ provided the ownera of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce Geroldine Drive to grade and to conslruct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications; an in a manner acceptable to the aty Engineer and in confocmance with coDltruction l..,rovement plans approved by the City Engineer. b. To install sanitary sewer mains and sewer service laterals into each individuollo~ water maiDl and water service laterals Into each individual lo~ storm sewers and catch basins, howevard street lighting and erosion conb'U1 devicea all In IICCŒdance with the City of Dubuque standard specificatioDl and In accordance with consttuetion improvement plans approved by the City Engineer, and inspected by the City Engineer. c. To cons1ruct said Improvements, except sidewalks, prioc to one year from the date of acceptance of lids resolution, at the sole expense of the subdivider, as owner, or fuUne owner, d. To maintain the public improvements, except sidewalks, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the subdivider, as owner, or future owner; e. To cons1ruct sidewalks in accordance with the requirements of Section 42- 24(e) of the City Code, specifically: Sidewalk Installation shall he the responsibility of the owner of the property abuulng the public right-of- way. The responsibility shall extend to an successors, heirs and assignees. Sidewalk Installation will not he required until the development of the lot has been completed, except as required betein. In sparsely developed subdivisions, sidewalks on developed lots will not he required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of SO% of the lots approved by the plat. f. That Lot A of Block I shall he established as a park area for public use. And further provided that Marty McNamer, owner of said property, shall secure the perfmnance of the foregoing coudltions provided In Section 2 by providing security In such form and with such sureties as may he acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. That in the event Marty McNamer shall fail to execute the acceptance and furnish the seearity provided in Section 2 hereof wilidn forty-five (45) days after the date of the Resolution, the provisions hereof shan he nall and void and the acceptance of the dedication and approval the plat shall not he effective. Passed, approved and adopted lids 19th day of April, 1993. Attest: Mary A. Davis City Cierk James E. Brady Mayor ACCEPTANCE OF RFßOLUTION NO. 116-93 I, the underaigned, Marty McNamer, having read the telmS and conditions of the Resclution No. 116-93 and belnS familiar with the conditions thereof, hereby accept lids same and agree to the conditions required therein. Dated in Dubnque, Iowa this 19th day of May, 1993. By Isl Marty McNamer TO: Mary A. Davis City aerk 134 Regular session, April 19, 1993 This is to certify that the required security for the foregoing Resolution No. 116-93 has been properly filed. Dated at Dubuque, Iowa, this ISth day of May, 1993. Is/Michael C. Van MI11igen City Manager Council Memher Kries moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yea&-Mayor Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Councll Member Deieh. Whereas, the Dubuque Yacht Basin has requested subleaaing of a portion of property leased by the Dubuque Yacht Basin from the City of Dubuque to William A. and Joy L. Brown, DBA The Wheel House, lnc., of Dubuque, Iowa; Whereas, existing lease agreements hetween the City of Dubuque and the Dubuque Yacht Basin stipulate that the les- has the right to sublet or assign any of Its rights, In and to the demised preødses, to any penon or concern with the prior written approval of the lessor In that the lessoc's in-.t shall he fally proteoled and which approval of the lessor shall not he unreasonably withheld, and Whereas, the sublease agreement between the Dubuque Yacht Basin and with the Wheel House, Inc., has heen reviewed and has been fonnd to protect the interest of the City of Dubuque In the existing leases with the Dubuque Yacht Basin. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That approval be gnutted to the Dubuque Yacht Basln,lnc. to sublease a portion of its leased property from the City of Dubuque to William A. and Joy L. Brown, DBA the Wheel House, Inc., in accordance with the sublease agreement hetween said private parties dated December 2S, 1992. Section 2. That the term of said sublease shan he five years, coønnencing February I, 1993 and ending Janusry 31, 1995. Section 3. That extension of the sublease heyond Janusry 31, 1995 shall be subject to approval of hoth private parties and the consent of the City Council, as provided In the existing lease agreements. Section 4. That the sublease to the Wheel House, Inc. Is hound by an staled IermII and coudltions of the existing lease agreements hetween the City of Dubuque and the Dubuque Yacht Basin, Inc. Passed, approved and adopted this 19th day of April, 1993. James E. Brady Mayor Conunanication of TO Cab1evislon of Dubuque, lnc. subndulng their 1992 Annuol Report for Dubuque, Iowa, (On file in the City Cierk's Office foc review), presented and read. Council Member Krieg moved that the conunaniearion he received and filed. Seconded by Council Member Voetbeq¡. Carried by the following vote: Yeas-Mayor Brady, Council Membera Klueaner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. Absent-Council Member Delch. Attorney Alfred Hnghes, on hehalf of George and Gary Kennedy, requesting Council grant a "timely filed" Urban Revitalization Property Tax Exemption, presented and read. Council Memher Krieg moved that the petition be received and filed and referted to the City Manager. Seconded by Council Member Voetberg. Carried by the following vote: Yea&-Mayor Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. Absent-Council Member Deich. Conununlcation of City Manager recommending approval of a sublease between Dubuque Yacht Basin and Wheel House, Inc., presented and read. Council Member Krieg moved that the connnanication he received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. AbJent-Council Member Deich. Attest: Mary A. Davis City aerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Voetheq¡. Carried by the following vote: Yeas-Mayor Brady, Council Membera Kluesner, Krieg, Nagle, Nicholson, Voethe'1l. Nays-None. Ahsent-Councll Member Deich. RFßOLUTION NO, 117-93 RESOLUTION GRANTING AUTHORIZATION TO DUBUQUE YACHT BASIN TO SUBLEASE PROPERTY LEASED FJOM TIlE CITY OF DUBUQUE TO WILLIAM A. AND JOY L BROWN, DBA THE WHEEL HOUSE INC., OF DUBUQUE, IOWA. Conunnnlcation of aty Manager recommending approval of assignment of lease with Arcadian Cwporation, presented 135 Regular Session, April 19, 1993 and read. Cooncil Member Kriel moved that the corrmurdcation he received and filed. Seconded by Council Member voetheq¡. Carried by the following vote: Yea&-Mayoc Brady, Council Membera Klueaner, Krieg, Nagle, Nicholson, Voetberg. Nays-None. Absent-Council Member Deich. Voetberg. Nays-None. Absent-Council Member Deieh. Communication of City Manager submitting a resolution authorizing deposltc<y institutions, presented and mad. Council Member Krieg moved that the commurdcation he received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yea&-Mayor Brady, Cooncil Members Klueaner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Council Member Deich. RESOLUTION NO. 111.93 RESOLUTION APPROVING ASSIGNMENT OF LEASED PROPERTY OF TIlE CITY OF DUBUQUE FROM THE ARCADIAN CORPORATION TO ARCADIAN FERTILIZER, A LIMITED PARTNERSHIP, RFßOLUTION NO, 119-93 RFßOLUTION NAMING DEPOSITOR1Fß Whereas, the Atcadisn Corporation has requested assignment of a November 20, 1962 lease with the City of Dnbuque to Atcadisn Fertilizer, a Llndted Partnership; and Whereas, the requeat of assIgnment of the lease meets the tenus and conditions of the original lease dated 1962; and Whereas, the City Council of the City of Dubuque deems that It is in the Interest of the City of Dubuque to approve ssdd assignment of the lease. NOW TlIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the assignment of lease rlxted November 20, 1962 for 202 acres of munIcipal peeperty located on Jones and Water Stree~ from Arcadian Corporation to Areadlan Fertilizer, a Limited Partoerahlp he approved. Section 2. That the Mayor he authorized and directed to execute a consent to the assignment of lease from Arcadisn Corporation to Arcadian Fertilizer, a Limited Partnerahlp. Section 3. That all other terms and conditions of ssdd lease dated 1962 shall remain in full force and effect Section S. That the City aerk he and is hereby authorized and directed to record a certified copy of dús resolution In the office of the Dubuque County Recorder. Passed, approved and adopted lids 19th day of April, 1993. RESOLVED, that the City Council of the City of Dubuque, Iowa in Dubuque County, Iowa, approves the following list of financial institutions to he depositoriea of the City of Dubuque, Jowa funds in conformance with all applicable provisions of Iowa code Chapter 453.2 The City Treasurer is hereby authorized to deposit the City of Dubuque, Iowa funds in amounts not to exceed the maxlmurn approved for each respective financial institution as set out helow. Location of Home ~ Maximum Balance Depository Name American Trust & Ssvlngs Bank Dubuque Bank & Trust Co. Dubuque, Iowa Hawkeye Bank of Dubuque, N.A. Harvest Savings Bank DUPACO Commurdty Credit Union Dubuque, Iowa $40,000,000 $40,000,000 Dnbuque, Iowa $40,000,000 Dubuque, Iowa $10,000.000 Dubuque, Iowa $10,000,000 CERTIFICATION. I hereby certify that the foregoing Is a true and correct copy of a resolution of the City Council of Dubnque, Iowa adopted at a meeting of said public body, duly called and held on the 19th day of April, 1993 a quorum helng presen~ as ssdd resolution remains a record in the minutes of ssdd meeting, and it is now in full force and effect Dated lids 20th day of April, 1993. Mary A. Davis City aerk James E. Brady Mayor AUeat: Mary A. Davis City Cierk Council Member Krieg moved adoption of the Reaolution. Seconded by Council Member Voetheq¡. Carried by the following vote: Yea&-Mayor Brady, Council Membera Klueaner, Krieg, Nagle, Nicholson, Council Member Krieg moved adoption of the ReaoIution. Seconded by Council Member Voetheq¡. Carried by the following vote: Yeas-Mayor Brady, Council Memhera Klueaner, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Councll Member Deich. Communication of City Manager submitting the ADA Compliance Plan Annuol Report for Keyliue, presented and read. Conncil Member Krieg moved that the commurdcation he received and filed. Seconded by Council Member Voetber¡. Carried by the following vote: Yea&-Mayor Brady, Council Membera Klueaoer, Krieg, Nagle, Nicholson, Voetheq¡. Nays-None. Absent-Council Member Deich. There being no further business, Council Member Voetbeq¡ moved to adjourn the meeting. Seconded by Council Member Nagle. Carried by the following vote: Yea&-Mayor Brady, Council Membess Klueaner, Krieg, Nagle, Nicholson, Voetbeq¡. Nays-None. Absent-Council Member Deicb. Meeting adjourned at 10:13 p.rn. Mary A. Davis CMC City aerk Council Membera .r AUeat:);t d ~ ~erk