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1993 May Council Proceedingsfil Iia rl� Gu 137 Regular Session, May 3, 1993 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, May 3, 1993 Council met at 7:40 p.m., Public Library Auditorium Present: Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg, City Manager Michael Van Milligan, Corporation Counsel Barry A. Lindahl. Absent: Council Member Deich. Mayor Brady read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Gwen Eatherton, University of Dubuque Theological Seminary. PROCLAMATIONS -- Month of May as "Mental Health Month" received by Steven Sprengelmeyer, May 2-8 as "Tourism Week"; May 9-15 as "Historic Preservation Week 1993" received by Sara Daines: May 9-15 as "National Hospital Week" received by Pat Fleming and David Schaller, May 9- 15 as "School Board Member Recognidon Week"; May 14 & 15 as "Sonoma Candy Days" received by Harry Althaus; May 15 as "D.A.R.E. Day" received by Steve Eastvedt May 16-22 as "Compassionate Friends Awareness Week" received by Don Phillips; May 21 as "Senior Power Day" received by John Van Duyn. The Mayor initialed an Agreement with City of Handan, Hebei Province, People's Republic of China, ow Sister City, and provided for introduction of delegation of officials from Handan. There was a presentation of a plaque to former City Employee Bob McCarten for volunteer work done since his retirement. Council Member Krieg moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Council Member Kluesner. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg, Nays—None. Absent—Council Member Deich. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider reclassifying properties located North of the Northwest Arterial and South of Kennedy Road from AG to R-1 District, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. An Ordinance amending Zoning Ordinance by reclassifying property located North of the Northwest Arterial and South of Kennedy Road from AG Agricultural District to R-1 Single -Family Residential District, with Conditions, presented and read. Alan Pearson requested approval without conditions. John Kivlahan objected to mandatory sidewalks. Council Member Krieg moved to give tentative approval to the Ordinance and remove conditions and Zoning Commission review the site plan for the Soccer Complex and that there be 30 parking spaces per field. Seconded by Council Member Kluesner. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Proof of Publication certified to by the Publisher on Notice of Public Hearing to amend the Code of Ordinances providing for the designation of landmarks in the City, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Nagle moved that the proof of publication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Gail Naughton endorsed the adoption of the Ordinance. An Ordinance amending Chapter 25 of the Code of Ordinances of the City by adding new Sections 25-6.6, 25-6.7, 25-6.8, 25-6.9, 25-6.10, 25-6.11 and 25-6.12, each relating to the Designation of Landmarks. (William M. Black, Dubuque City Hall, Dubuque County Courthouse, Dubuque County Jail, Julien Dubuque Monument, Mathias Ham House and Shot Tower.), said Ordinance having been presented and read at the Council Meeting of April 19, 1993 presented for further action. Regular Session, May 3, 1993 138 (OFFICIAL PUBLICATION) ORDINANCE NO. 22-93 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING NEW SECTIONS 25-64 25-6.7, 25- 6.8, 25.6.9, 25-6.10, 25.6.11 AND 25- 6.12, EACH RELATING TO THE DESIGNATION OF LANDMARKS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Chapter 25 of the Code of Ordinances of the City of Dubuque, lowa, be amended by adding new Sections 25-6.6, 25-6.7, 25-6.8, 25-6.9, 25-6.10, 25-6.11 and 25-6.12 as follows: "Sec. 25-6.6. William M. Black Landmark. The structure hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: Sidewheeler Dredge William M. Black moored at Inner Levee of the Mississippi River, commonly known as the Ice Harbor, Sec. 25-6.7. Dubuque City Hall Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The building situated on the N 2/5 of City Lot 448 and the N 2/5 of City Lot 457, commonly known as 50 West 13th Street Sec. 25-6.8. Dubuque County Courthouse Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The building situated on pan of City Lot 286 and City Lots 287 to 288, commonly known as 720 Central Avenue. Sec. 25-6.9. Dubuque County Jail Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The building situated on City Lots 284 to 285 and part of City Lot 286, commonly known as 36 West 8th Street Sec. 25-6.10. Julien Dubuque Monument Landmark. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The structure situated on Pt Lot 1, Government Lots 1 and 2, located at terminus of Monument Drive. Sec. 25-6.11. Mathias Ham House Landmark. The poverty hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The building situated on Lot I of Lot 531 Ham's Addition, commonly known as 2241 Lincoln Avenue. Sec. 25-6.12. Shot Tower. The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter, to wit: The Shot Tower structure situated on River Front Sub 1, located at terminus of Commercial Street" Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 3rd day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this lath day of May, 1993. Mary A. Davis CMC It 5/10 City Clerk Council Member Nagle moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Proof of Publication certified to by the Publisher on Notice of Hearing on Plans and Specifications for the Purina Drive Stam Sewer Extension, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Krieg moved that the proof of publication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. RESOLUTION NO. 120-93 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 14th day of April, 1993, plans, specifications, form of contract and estimated cost were Bled with the City Clerk of Dubuque, Iowa for the Purina Drive Storm Sewer Extension. III ilk 11 111 4111 ql� Ij1iNl r1n Is' 'h d4 hh151,' lv`IP I`r 1y 11'1,' ilrgi� Ilj 41� ill II li 9i 139 Regular Session, May 3, 1993 Whereas, notice of hearing en plans. specifications, form of contract. and estimated cost was published as required by law. NOW THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, fen of contract and estimated cost am hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 3rd day of May, 1993. Jamas E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Proof of Publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids for above project and communication of City Manager recommending to award contract for above project, presented and read. Council Member Krieg moved that the proof and communication be received and Bled. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. RESOLUTION NO. 121.93 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Purina (hive Stam Sewer Extension pursuant to Resolution No. 113-93 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 22nd day of April, 1993. Whereas, said sealed proposals were opened and read on the 27th day of April, 1993 and it has been determined that the bid of Tschiggfrie Excavating of Dubuque, Iowa in the amount of $31,766.00 was the lowest bid for the furnishings fishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Tschiggfrie Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 3rd day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. PUBLIC HEARING RECESSED FROM APRIL 5, 1993 COUNCIL MEETING. Proof of Publication certified to by the Publisher on Notice of Hearing on Plans and Specifications for the Peru Road Reconstruction Project from Jackson Street to the northerly City limits; Proof of Publication certified to by the Publisher on Notice to Property Owners of public hearing on Resolution of Necessity; Communications of Buster Welty, Richard Elliott, Dennis Post Merlin O. and Elaine H. Kruser, Helen Vorwald, Donald and Angeline Latham and Mike Shaffer and Chris Luchsinger and Raymond Hughes objecting for various reasons of the project Mary Hedrick by Frank J. Hedrick submitting an assessment deferment for the Peru Road Reconstruction Project Petition of Arthur & Patricia Freihoefer requesting removal of assessment in amount of $962.64 as land has no value; Communication of Donald and Angeline Latham requesting City to forego the plan for a 32 foot concrete curb and gutter reconstruction plan; Communication of Attorney Scott Nelson, on behalf of Mr. & Mrs. Lain Gibbs requesting City to deed that portion of the right of way between the proposed curb line and the existing right of way line, along the frontage of 728 Peru Road to Mr. & Mrs. Lain Gibb; Communication of City Manager recommending 31 foot roadway as originally proposed, with modifications; Petition containing 53 signatures requesting Peru Road - Road Improvements as presently designed; Petition of Dick Elliott contaitdng Regular Session, May 3, 1993 140 52 signatures requesting Council to provide a road surface and design similar to that on West 32nd St from Fink Street to John F. Kennedy Road, presented and read. Council Member Nicholson moved that the proofs, communications and petitions be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Dick Elliott, 303 Liberty, objected to proposed project Dick Valentine, 923 Peru Rd., stated accident statistics not being enough to warrant the proposal project Vickie Pat, 772 Kennedy Ct., read letters from Don Latham and Paul Ernst objecting to the proposed project. Wayne Valentine, 923 Pero Rd., stressed water problems. Dennis Post, 772 Kennedy Ct., concerned about the nearby garages. Dale Link, 771 Kennedy Ct questions why 32% wider than NW Arterial. Randy, Doug and Bernie Hefei requested approval. Marilyn and Lain Gibbs, 728 Peru Rd., requested that it not be 32'. Judy Kaiser, 830 Hawkeye, agreed with Staff. RESOLUTION NO. 122-93 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the loth day of March, 1993, plans, specifications, form of contract and estimated cost were faded with the City Clerk of Dubuque, Iowa for the Peru Road Reconstruction Project from Jackson Street to the northerly City limits. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 3rd day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle,. Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. RESOLUTION NO. 123-93 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE PERU ROAD RECONSTRUCTION PROJECT FROM JACKSON STREET TO THE NORTHERLY CITY LIMITS Whereas, the City Council has proposed a Resolution of Necessity for the Peru Road Reconstruction Project from Jackson Street to the northerly City limits has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are ovemiled. Passed, adopted and approved this 3rd day of May, 1993. Janes E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nicholson moved adoption of the Resolution, as amended, that the City Council has made a finding of no benefits conferred with respect to Lot 1-14 and 2-14 in Clark's Subd. and directs that the Schedule of Assessments for the Pem Rd. Reconstruction Project be amended to an assessment of $0.00 for said lots, from the cunent $2,740.57. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. 141 Regular Session, May 3, 1993 RESOLUTION NO. 124-93 ORDERING BIDS NOW TIIEREFORE, BE IT RESOLVED 8Y TBE COUNCB, OF THE CITY OF DUBUQUE, IOWA: That the Peru Road Reconstruction Project from Jackson Street to the narthedy City limits is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specification§ heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 27th day of May, 1993. Bids shall be opened and read by the City Clerk at said time and will be subndtted to the Council for final action at 7:30 p.m. on the 7th day of June, 1993. Passed, adopted and approved this 3rd day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Maya Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Council Member Nicholson moved to direct Staff to negotiate for acquisition of the garages at 740, 804 and 3745 Peru ltd. due to the dose proximity of the Peru Rd. Reconstruction Project Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Desch. Council recessed at 9:54 p.m.; Council reconvened at 10:19 p.m. RECONSIDERATION OF ACTION TAKEN AT THE MEETING OF APRIL 5s 1993. An Ordinance amending Zoning Ordinance by reclassifying property located on Pennsylvania Avenue East of Butterfield Drive from R-1 Single -Family Residential District to PR Planned Residential District and adopting a Conceptual Development Plug (Need 3/4 majority vote of Council because of petition submitted constituting 20% of adjoining property owners), said Ordinance having been presented and read at the Council Meetings of 3-1-93, 3-15-93 and 4-5-93, presented. Council Member Nicholson moved that the above Ordinance be removed frau the table and presented for further action. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Dolch. Chuck Heath, proposed developer, clarified that the buildings are now only two stories. Leonard Deiderichs, 1870 Carter Ct., agreed with the changes. Gene Kemal, 1872 Carter Ct, objected to the rezoning. (OFFICIAL PUBLICATION) ORDINANCE NO. 23-93 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON PENNSYLVANIA AVENUE EAST OF BUTTERFIELD DRIVE FROM R-1 SINGLE•FAMILY RESIDENTIAL DISTRICT TO PR PLANNED RESIDENTIAL DISTRICT AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN. Whereas, Raymond L. Lange, property owner, has filed a conceptual development plan far hereinafter described in accordance with provisions of the PR Planning Residential regulations as set forth in Section 3-1.6 of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission has held a public hearing on said zoning classification and conceptual development plan pursuant to required published notice; and Whereas, the Zoning Commission has approved said zoning reclassification and conceptual development plan subject to specific conditions and restrictions having found that said Plan conforms with the review standards applicable to such plans as Regular Session, May 3, 1993 142 set forth in Section 3-1.6D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission recommended the concurrence of the City Council in approval of said zoning reclassification and conceptual development plan and Whereas, the City Council has received the recommendation of the Zoning Commission and conceptual development plan subject to the same specific conditions and restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That in order to accomplish the purpose of the PR Planned Residential District of the Zoning Ordinance of the City of Dubuque. Iowa, the zoning reclassification from Single -Family Residential District to PR Planned Residential District and conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit Lot 2 of Lot 1 Brown Place No. 2 in the Cityof Dubuque, Iowa Section 2. That in order to accomplish the purposes of the PR Planned Residential District and of the Zoning Ordinance, the above described property is subject to the following conditions and restrictions: A. Use Regulations. The following regulations shall apply to all uses made of land in the above described PR Planned Residential District 1) Principal permitted uses shall be limited to 91 senior housing dwelling units in 2 buildings maximum 2 stories high (as per plan) an the 4.48 acre parcel. 2) No secondary or contingency uses shall be penrdtted. 3) Accessary uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: 1) M1 building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans are to be approved in accordance with provisions of the PR Planned Residential District regulations. 2) All buildings and structures shall provide a frau yard setback, a side yard setback from the adjoining properties, and a rear yard setback as per the conceptual development plan. 3) A maximum building height of 27 feet shall be allowed as measured from the south grade elevation to the roof peak. 4) All other bulk regulations of the 12.-4 Multi -Fancily District shall be met for constructionofall buildings and structures, as established in Section 3-1.5 of the Zoning Ordinance of the City of Dubuque, Iowa. C. Performance Standards. The development and maintenance of uses in this PR Planned Residential District shall be established in conformance with the following standards of Section 3-1.6 of the PR Planned Residential District 1) The phasing of the development shall occur as described on the attached conceptual development plan, with all site improvements to be completed for each phase. 2) An internal driveway system and required parking spaces shall be hardsurfaced and constructed by the developer for each phase. 3) Lighting shall be provided per City standanis. 4) Landscaping shall be provided in compliance with Section 4.4 of the Zoning Ordinance and as stipulated in the conceptual development plan. 5) 85 off-street parking spaces shall be provided for the development. 6) All utilities including telephone and cable television shall be installed underground. 7) Internal sidewalks shall be provided, with connection to the existing public sidewalk system, as per the conceptual development plan. 8) A final site development plan shall be submitted in accordance with Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa prior to each construction phase as described on the attached conceptual development plan. No further grading, excavating, or other land disturbing activity may occur before a final site plan is approved. D. Open Space and Recreational Areas Those areas not designated on the conceptual development plan for 143 Regular Session, May 3, 1993 development shall he maintained as open space, as defined by Section 8 of the Zoning Ordinance of the City of Dubuque. Iowa, by the property owner and/or association. E. Sian Regulations. The sign regulations shall be the same as that which are allowed in R- 4 Multi -Family Residential District u established in Section 4-3.11 Schedule of Sign Regulations of the Zoning Ordinance of the City of Dubuque, Iowa. F. Additional Standards. The conceptual development plan shall be valid for a period of five (5) years provided a final site development plan for Phase I is submitted within two years from the date of approval. G. Transfer of Ownership Transfer of ownership or lease of property in this PR Planned Residential District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. Passed, approved and adopted this 3rd day of May 1993. James E. Brady Mayor following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Communication of City Manager recommending acquisition of a two unit townhouse at 553 and 561 Less Boulevard, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Attest: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 23-93 We, Raymond L. Lange, property owner, and Charles V. Heath, Executive Vice President, Horizon Investment and Development Corporation, having read the terms and conditions of the foregoing Ordinance No. 23-93 and being familiar with the conditions thereof, hereby accept this sant and agree to the conditions required therein. Dated in Colorado Springs, CO this 23rd day of July, 1993. By /s/ Raymond L. Lange Dated in Madison, WI this 14th day of July, 1993. By /s/ Charles V. Heath, Executive Vice President Horizon Investment and Development Corp. Published officially in the Telegraph Herald newspaper this 30th day of July, 1993. Mary A. Davis CMC It 7/30 City Clerk Council Member Krieg moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the RESOLUTION NO. 125-93 RESOLUTION OF INTENT TO ACQUIRE REAL ESTATE AT 553 AND 561 LORAS BOULEVARD IN THE CITY OF DUBUQUE. Whereas, the City of Dubuque is committed to enforcement 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, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby gives notice of its intent to acquire the following legally described property from the sellers, Michael J. and Rebecca O'Rourke: Lots One (1) and Two (2) of the West One-half (W ) of Lot Five (5) Yates and Picketts in the City of Dubuque, Iowa, Dubuque County, Iowa, according to the recorded plat thereof at the cost of Twenty -Eight Thousand Dollars (528,000), 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 attached offer. Passed, approved and adopted this 3rd day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Regular Session, May 3, 1993 Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Communication of City Manager recommending acquisition of a single family home at 745 Davis Street, presented and read. Council Member Voetberg moved that the communication be received and fried. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Meber Deich. RESOLUTION NO. 126-93 RESOLUTION OF INTENT TO ACQUIRE REAL ESTATE AT 745 DAVIS STREET, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque is committed to enforcement 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, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T1JE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby gives notice of its intent to acquire the following legally described property from the sellers, Lloyd and Lois Gudenkauf: Lots Ninety -Five (95) and Ninety -Six (96), O'Neill's Riverview in the City of Dubuque, Iowa, Dubuque County, Iowa, acconling to the recorded plat thereof at the cost of Twenty -Four Thousand Dollars ($24,000), 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 attached offer. Passed, approved and adopted this 3rd day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk 144 RESOLUTION NO. 127.93 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. G & J's Inc. Windsor Tap 2401 Windsor Ave Bodine's 1445 Central Ave. day aas eed,aapproved and adopted this 3rd Jodi Blewett Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayo Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. RESOLUTION NO. 128-93 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been exanined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE ITRESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager he authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Niles of the Square Table(Five Day Permit) Sunday Sales 6th Street(Outdoor Service) Passed, approved and adopted this 3rd May of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich James E. Brady Mayor 145 Regular Session, May 3, 1993 RESOLUTION NO. 129.93 Whereas, applications for Liquor Licenses have been subnitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Golf and Country Club SundaySales 1800 Randall Place (Outdoor Service) CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Chad A. Streff Whiskey River 1064 University CLASS "E" LIQUOR LICENSE Eagle Food Center, Inc. Eagle Food Center 1320 2050 J. F. Kennedy Passed, approved and adopted this 3rd day of May, 1993. Janes E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Maya Brady, Council Members Kluesner, Klieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Communication of City Manager presenting the proposed amendment to the Fiscal Year 1993 Budget and requesting to set for public hearing, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent -Council Member Desch. RESOLUTION NO. 130-93 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PROPOSED AMENDMENT TO THE FISCAL YEAR 1993 BUDGET AND DATE OF PUBLIC HEARING Whereas, it is proposed that the City of Dubuque amend its Fiscal Year 1993 budget and Whereas, Section 384.16 of the Code of Iowa stipulates that a public hearing must be held on such a budget amendment NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk by and is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Communication of Qty Manager requesting to set a public hearing on May 17, 1993 for the issuance of General Obligation Bonds in an amount not to exceed $2,800,000 and Parking Revenue Bonds in an amount not to exceed $2,720,000, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Reich. RESOLUTION P40. 131-93 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $2,800,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Regula r Session, May 3, 1993 pay costs of carrying out an essential corporate lnnpose project as hereinafter described; and Whereas, before said bonds may be issued, it is necessary to cagily with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium of the Carnegie Stout Public Library, Dubuque, Iowa, at 7:30 o'clock p.m. on the 17th day of May, 1993, for the purpose of taking action on the matter of the issuance of not to exceed $2,800.000 General Obligation Bonds for an essential corporate purpose of said Qty, the proceeds of which bonds will be used to provide funds to pay costs of refunding outstanding general obligation indebtedness of the Qty. Section 2. The City Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale infor nation as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 4. The notice of the proposed action to issue said bonds shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED 82,800,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SMD CITY, AND THE HEARING ON THE ISSUANCE THEREOF Public Notice is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 17th day of Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General Obligation Bonds to the amount of not to exceed $2,800,000, as authorized by Section 384.25 of the Code of Iowa for the purpose of providing funds to 146 May, 1993, at 7:30 o'clock pm. in the Carnegie Stout Public Library Auditorium, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed 82,800,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of refunding outstanding general obligation indebtedness of the Qty. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additiaul action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 of the Code of Iowa. Dated this 7th day of May, 1993. Mary A. Davis City Clerk Passed,(Endof Notice) approved and adopted this 3rd day of May, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor (I Council Member Voetberg moved adoption of the Resolution and set Public Heating for May 17, 1993 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. RESOLUTION NO. 132-93 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $2,720,000 PARKING REVENUE BONDS OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa, is in need of funds to cany out the purpose hereinafter described; and, it is deemed necessary and advisable that said City should issue Parking Revenue Bonds to the amount of not to exceed 82,720,000, as authorized by Section 384.83, of theCode of Iowa for 147 Regular Session, May 3, 1993 the purpose of providing funds to pay costs thereof; and Whereas, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this governing body meet in the Auditorium of the Carnegie Stout Public Library, Dubuque Iowa, at 7:30 o'clock p.m on the 17th day of May, 1993, for the purpose of taking action on the matter of the issuance of not to exceed $2,720,000 Parting Revenue Bonds of said City, the proceeds of which bonds will be used to provide funds to pay costa of refunding outstanding Parking Revenue Bonds of Series 1990. Section 2. The Clerk is authorized and directed to proceed on behalf of the Qty with the ole of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this governing body. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in ■ legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Secdon 4. The notice of the proposed action to issue said bonds shall he in substantially the following form: NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $2,720.000 PARKING REVENUE BONDS OF SAID CITY, AND THE HEARING ON TUR ISSUANCE THEREOF Public Notice is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 17th day of May, 1993, at 7:30 o'clock p.m in the Carnegie Stout Public Library Auditorium, Dubuque, Iowa, at which meeting the City Council proposes to take additional action for the issuance of not to exceed $2,720,000 Parking Revenue Bonds of said City. Said bads will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Parking System. Said bonds we proposed to be issued for the purpose of paying costs of refunding outstanding Parking Revenue Bonds of Series 1990. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said me -cling or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. ' This notice is given by order of said governing body as provided by Section 384.83 of the Code of Iowa. Dated this 7th day of May, 1993. Mary A. Davis City Clerk (End of Notice) Passed, approved and adopted this. 3rd day of May, 1993. Tames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution and set it for Public Hearing on May 17, 1993 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Council Member Voetberg moved that the Council call a Special Meeting for May 18, 1993 at 4:15 p.m. at the Cobblestone Room at the Days Inn, 1111 Dodge St. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Communication of City Manager presenting a proposed Statement of Community Development Objectives and Projected Use of Funds for the Community Development Block Grant (CDBG) 19th program year, presented and read Council Member Voetberg moved that the communication be received and fried. Regular Season, May 3, 1993 Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krog, Nagle, Nicholson, Voetberg. DNaayyh None. Absent—Council Member RESOLUTION NO. 133.93 RESOLUTION SETTING THE DATE OF A PUBLIC HEARING ON THE OSED STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 19TH PROGRAM YEAR Whereas, Secdon IV, A. of the Community Development Block Grant Citizen Participation Plan for the City of Dubuque provides that the City shall conduct a public hearing on its proposed statement of community development objectives and projected use of funds before submission of a final statement to the U.S. Deparnment of Housing and Urban Development; and Whereas, said Citizen Pardcipadon Plan specifies standards for the publication of notices of such hearings. EREFORE, BE IT RESOLVED BY THE CITITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the statement of community development objectives and projected use of funds for the Community Development Block Grant 19th program year at the Carnegie Stout Public Library AIowa ium, 360 on est I Mayl1h 17, 1993, 99 ti at 7:30 p.m Section 2. That the City Clerk be and she is hereby directed to publish notice of said public hearing as required by the City of Dubuque's Citizen Participation Plan for the Community Development Block Grant Program. dayP of d,Maa roved and add this 3rd 93. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution with said Hearing date to be May 17, 1993 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, 148 Voetberg. Nays—None. Absent—Council Member belch. MINUTES SUBMITTED .- Cable TV Regulatory Commission of 4-14; Civil Service Commission of 3-30Five Flags Conmduion of 4-19; Housing Commission Trust Fund Committee of 4-8; Human Rights Commission of 3-8; Joint City/County Planning & Zoning Commission of 4-14; Long Range Planning Commission of 4-21; Transit Trustee Board of 3-11, presented and tori. Council Member Nicholson moved that the minutes be received and Bled. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Veer Nays—None. Absent—Council Member Deich. NOTICES OF CLAIMS/SUITS -- Liu Foley in amount of $185.45 for vehicle des; lames W. in t of $2,89132 for truck damages; Kaascel in amount of $2250.00 for unlaw afresh Barbara Krieg in amount of $309.00 for personal injuries; Angela Nabb in amount of $ 124.00 for vehicle damages; Terry Reichel in amount of 344.53 for vehicle damages; Vent E. Schroeder in the amount of 32,500 for personal injuries, presented and read Council Member Nicholson moved that the claims and suits be referred to the Le Staffinvestigation and repott. Seconded for by Council Member Nagle. Carried by the following vote: Yeas—Maya Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Communications of Coporation Counsel advising of referral of following claims to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Property damage of Marlin Avenarius; Car damage of Donald Block; Car damage of Cynthia S. Hanson, presented and read. Council Member Nicholson moved that the communications be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Ytterberg. Nays—None. Absent—Council Member Deich. Communication of Corporation Counsel advising of closure of property damage claim of Ron Schmal, presented and read. Council Member Nicholson moved that the conununicadon be received and filed. Carried Seconded b Councilthe ol following Nagvotle. 149 Regular Session, May 3, 1993 Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Proof of Publication advising of intent to file a Request for Release of Funds for various Community Development Block Grant Program projects. (Housing Rehabilitation; Acquisition, Relocation, Demolition; Code Enforcement; Bcononic Development Activities; Public Facilities, Neighborhood Related Improvements, Public Service Activities, Information and Refenal, Community Partnership Program, Washington Neighborhood Tool Library and Bishop Block Project), presented and read. Council Member Nicholson moved that the proofs be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Communication of City Manager requesting approval topublish an Environmental Review Findings fix the W. C. Brown Communications, Inc. and Anasazi Exclusive Salon Products, Inc. and Pubic Facilities (Neighborhood Related Improvement) projects, presented and read. Council Member Nicholson moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. RESOLUTION NO. 134-93 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS Whereas, the City of Dubuque has entered into a Grant Agreement for the fiscal year commencing July 1, 1993 with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described projects proposed to be financed with Community Development Block Grant funds; and Whereas, on April 8, 1993, after due consideration, a detemdnation was made that the projects are not major federal actions significantly affecting the quality of the human environment NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No significant Effect on the Environment for the following projects. and to make the Environmental Review Record for said projects available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. W. C. Brown Communications, Inc. Anasazi Exclusive Salon Products, Inc. Public Facilities (Neighborhood Related Improvements) Section 2. That the City of Dubuque hereby declares its intent to adopt a resolution at its meeting of May 3, 1993, authorizing the submission of a request to the U.S. Department of Housing and Community Development, for release of funds to undertake the above mentioned Projects. Passed, approved and adopted this 3rd day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Communication of City Manager requesting Council approval to release the real estate mortgage lien with Dubuque Stamping and Manufacturing, presented and read. Council Member Nicholson moved that the communication he received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. RESOLUTION NO. 135-93 RESOLUTION AUTHORIZING THE RELEASE OF REAL ESTATE MORTGAGE BETWEEN THE CITY OF DUBUQUE AND Regular Session, May 3, 1993 DUBUQUE STAMPING AND MANUFACTURING, INC. Whereas, the City of Dubuque, Iowa and Dubuque Stamping and Manufacturing, Inc., (the Company), have previously entered into a Community Development Block Grant loan agreement for the purpose of creating pemnanent employment opportunities for community residents; and Whereas, said loan agreement is secured by a real estate mortgage; and Whereas, the Company has paid said loan in full and fulfilled the requirements of the loan agreement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Mayor and City Clerk be and they are hereby authorized and directed to endorse the attached Release of Real Estate Mortgage. Passed, approved and adopted this 3rd day of May, 1993. Attest: Mary A. Davis City Clerk James H Brady Mayor Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Delch. Communication of City Manager requesting approval to execute a modified agreement providing for the name change of Clapsaddle-Garber Associations to Fox Engineering Associates, our consultant for the Water Distribution Modeling Plan and Phase II Improvements at the Water Plant, presented and read. Council Member Nicholson moved that the communication he received and filed and approved execution of agreement Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich Communication of City Manager recommending acceptance of conveyance of property at 2120 Washington Street, presented and read. Council Member Nicholson moved that the communication be received and Bled. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, 150 Voetberg. Nays—None. Absent—Council Member Deich. RESOLUTION NO. 136.93 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY LOCATED AT 2120 WASHINGTON STREET, DUBUQUE, IOWA, TO THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque has agreed to purchase the following legally described real property: The North Thirty -feet (N 30') of Lot Three (3) in Geissler's Subdivision, in the City of Dubuque, Iowa, Dubuque County, Iowa, according to the recorded plat thereof; from the Estate of Irene Breithaupt; and Whereas, the Seller has delivered a Warranty Deed to the City of Dubuque, Iowa, granting to the City of Dubuque all rights, title and interests in said property, a copy of which Warranty Deed is attached hereto. NOW, THEREFORE, BE 17' RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the Clty of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from the Estate of Irene Breithaupt, attached hereto. Section 2. The City Clerk is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 3. The City Clerk is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 3rd day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Maya Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Petition from Thomas Gana, containing 40 signatures, requesting City of Dubuque to enforce the ordinance on weight limits of heavy trucks on John F. Kennedy Road, presented and read. Council Member Nicholson moved that the petition be referred 151 Regular Session, May 3, 1993 to the City Manager. Seconded by Council Member Nagle. Carded by the following vote: Yeas—Mayor Brady, Council Members )(keener, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Desch. At 10:50 p.m, Council Member Voetberg moved to go into Closed Session in accordance with Chapter 21.5 1.(c) 1993 Code of Iowa: To discuss strategy with counsel in matters where litigation is imninent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in this lltigation. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. At 11:19 Council reconvened regular session. There being no further business, Council Member Voetberg moved to adjourn. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Magner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Deich. Meeting adjourned at 11:20 p.m. Mary A. Davis CMC City Clerk Regular Raabe, May 17, 1993 152 Council Members y Clerk DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, May 17, 1993 Council met at 7:30 p.m., Public Library Auditorium Present: Maya Brady, Council Members Klueaner, Krieg, Nagle, Nicholson, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Vacancy: Third Ward. Mayor Brady read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Mel Hooten, Pastor of Dubuque Baptist Church. PROCLAMATIONS - May 23-29 as "Emergency Medical Services Week" received by Ric Jones; and June 6 as "National Cancer Survivor's Day" received by Lee Oerioff. Mayor Brady asked for a moment of prayer as a mark of respect in memory of Council Member Donald E. Reich, Sr. who passed away on May 13, 1993. Council Member Voetberg moved that it be resolved to set the appointment of Third Ward Council Member for the June 7th Council. Meeting, with June 2nd set as the last day to file application and resume due into the City Clerk's office. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Menden Kluesna, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Council Member Nagle moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Proof of Publication certified to by the Publisher on Notice of Public Hearing on Amendment of Current Year 1993 City Budget, presented and read There were no written objections received and no coral objecton present at the time of the Hearing. Council Member Nagle moved that the proof of publication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. 1111 10011 0,10 IdA 0 II 153 Regular Session, May 17, 1993 RESOLUTION No. 137-93 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 90, 1999 Bs It Resolved by the Council of the City of Dubuque, Iowa: Section 1. following notice published May 7, 1993 and the public hearing held May 17, 1993, the current budget is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: REASON; Payment ot retirement funds to Fire & Police Retirement System, MIRP Loan Repayment Airport Fab apsraton, FY 1992 Carryovers and EnouMaanon, federal and alar grants, Corporate Ceder protea, WPC Plant enalneedng and stack emission testing, Landfill payments to DNR. Passed tNs 17d1 day d May. 1993. A 1d yo // Civ Clerk Regular Session, May 17, 1993 Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayer Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Proof of Publication certified to by the Publisher on Notice of Meeting on the matter of the proposed issuance of not to exceed $2,800,000 General Obligation Bonds (For an Essential Caproate Purpose) for City of Dubuque and communication of City Manager recommending to proceed with the issuance of General Obligation Bonds and Parking Revenue Refunding Bonds, presented and read. There were no written objections and no oral objectors present at the time of the Hearing. Council Member Voetberg moved that the proof of publication and communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. RESOLUTION NO, 138-93 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $2,800,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $2,800,000 General Obligation Bonds, for the essential corporate purpose of paying costs of refunding outstanding general obligation indebtedness of the City, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BErrRESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner $2,800,0[ 0 General Obligation tBonds, the foregoing essential cotporate purpose. 154 Passed, approved and adopted this 17th day of May, 1993. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Proof of Publication certified to by the Publisher on Notice of Meeting on the matter of the proposed issuance of not to exceed $2,720,000 Patting Revenue Refunding Bonds for City of Dubuque, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. RESOLUTION NO. 139-93 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $2,620,000 PARKING REVENUE REFUNDING BONDS Whereas, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of not to exceed $2,620,000 Parking Revenue Refunding Bonds, for the purpose of paying costs of refunding outstanding Parking Revenue Bonds of Series 1990; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $2,620,000 Parking Revenue Refunding Bonds, for the foregoing propose. Total budget es Certified or Last Amended Current Amendment Total budget Iter current Amendment REVENUES It OTHER ANANCINO SOURCES Taxes Levied on Property 1 12,850,705 12,850,705 Less: uncollected Property taxes - Levy Year 2 = Net Current Property Taxes 3 Delinquent Property Taxes 4 TIF Revenues 5 391 677 391 677 Other City Taxes 6 5.690,507 5,690,507 Licenses 8 Permits 7 541.911 541.911 Use of Money d Property 8 3.786.623 3,298,179 7.084.802 Intergovernmental 9 11.128.407 4,822,044 15.950.451 Charges for Services 10 14 573.370 357,283 14.930.653 Special Assessments 11 Miscellaneous 12 978,637 47,926 1,026,563 Other Financing Sources 13 13,843,181 252,758 14,095,939 Total Renis & Other Sources 74 63,785,868 8,778,190 72,564,058 EXPENDITURES & OTHER RNANCINO USES Community Protection (police, fire, street lighting, etc.) 15 10,532,604 395,234 10,927,838 Human Development (health, library, recreation, etc.) 16 5,499,071 240,298 5,739,369 Home & Community Environment (garbage, streets, utilities, etc.) 3 r,: 1 49 ' :: n • 8 Policy & Administration (mayor, council, clerk, legal, etc.) 18 3,889,626 7,758,469 11,648,095 Total Expenditures Less: Debt Service 19 52,029,815 25,779,535 77,809,350 Capital Projects 20 5,472,198 3,465,304 8937,502 NM Operating Expenditures 21 10,420,260 17,000,000 27,420,260 Transfers Out 22 36,137,357 5,314,231 41,451,588 Total Expenditures/Transfers Out 23 13,843,181 13,843,181 Excess of Revenues & Other Sources Over 24 65.872 996 25 779.535 91 652 531 (Under) expenditures/ Transfers Out 25 (2,087,128) (17,001,345) (19,088 473) Beginning Fund Barna July 1 26 25,786,627 16,547,880 42,334,507 Ending Fund Salinas Jua30 27 23,699,499 (453,465) 23,246,034 REASON; Payment ot retirement funds to Fire & Police Retirement System, MIRP Loan Repayment Airport Fab apsraton, FY 1992 Carryovers and EnouMaanon, federal and alar grants, Corporate Ceder protea, WPC Plant enalneedng and stack emission testing, Landfill payments to DNR. Passed tNs 17d1 day d May. 1993. A 1d yo // Civ Clerk Regular Session, May 17, 1993 Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayer Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Proof of Publication certified to by the Publisher on Notice of Meeting on the matter of the proposed issuance of not to exceed $2,800,000 General Obligation Bonds (For an Essential Caproate Purpose) for City of Dubuque and communication of City Manager recommending to proceed with the issuance of General Obligation Bonds and Parking Revenue Refunding Bonds, presented and read. There were no written objections and no oral objectors present at the time of the Hearing. Council Member Voetberg moved that the proof of publication and communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. RESOLUTION NO, 138-93 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $2,800,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $2,800,000 General Obligation Bonds, for the essential corporate purpose of paying costs of refunding outstanding general obligation indebtedness of the City, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BErrRESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner $2,800,0[ 0 General Obligation tBonds, the foregoing essential cotporate purpose. 154 Passed, approved and adopted this 17th day of May, 1993. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Proof of Publication certified to by the Publisher on Notice of Meeting on the matter of the proposed issuance of not to exceed $2,720,000 Patting Revenue Refunding Bonds for City of Dubuque, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. RESOLUTION NO. 139-93 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $2,620,000 PARKING REVENUE REFUNDING BONDS Whereas, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of not to exceed $2,620,000 Parking Revenue Refunding Bonds, for the purpose of paying costs of refunding outstanding Parking Revenue Bonds of Series 1990; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $2,620,000 Parking Revenue Refunding Bonds, for the foregoing propose. 155 Regular Session, May 17, 1993 Passed, approved and adopted this 17th day of May, 1992. James E Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Cathed by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. An Ordinance amending Zoning Ordinance by reclassifying property located North of the Northwest Arterial and South of Kennedy Road from AG Agricultural District to R-1 Single -Family Residential District, with Conditions, said Ordinance having been presented and read at the Council Meetings of April 19th and May 3n1, 1993, presented for final action. Communication of John Klaus, Assistant County Zoning Administrator, being of the opinion the proposed Soccer Complex is an appropriate use for the property. (OFFICIAL PUBLICATION) ORDINANCE NO. 24-93 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF THE NORTHWEST ARTERIAL AND SOUTH OF. KENNEDY ROAD FROM AG AGRICULTURAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE Ft 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 the Zoning Ordinance of the City of Dubuque. Iowa, to reclassify hereinafter described property from AG Agricultural District to R-1 Single -Family Residential District, with conditions as stated in the attached Memorandum of Agreement, to wit: Lot 3 of Lot 1 of Helen E. and Mary 11. Stewart's Subdivision and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the performance standards as stated in the attached Memorandum of Agreement are as follows: a) That 30 off-street parking spaces be provided per soccer field. b) A fence be required along the Northwest Arterial frontage. Section 3. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa Passed, approved and adopted this 17th day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 24-93 I, Joseph P. Link, Director of Support Services for the Dubuque Community Schools, having read the terms and conditions of the foregoing Ordinance No. 24-93 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 10th day of May, 1993. By /s/Joseph P. Link Director of Support Services Dubuque Community Schools MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (1991), and as an express condition of rezoning of the property described as: Lot 3 of Lot 1 of Helen E. and Mary H. Stewart's Subdivision and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa which is the subject of Ordinance No. 24-93, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owner(s), Dubuque Community School District, agree(s) to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Performance Standards 1) That 30 off-street parking spaces be provided per soccer field. 2) A fence be required along the Northwest Arterial frontage. B) Reclassification of the Subject The City Property ubuque, Iowa may initiate zoning reclassification proceedings to the AG Agricultural District if the propv,ty owner fails to complete any of the conditions or provisions of this Regular Session, May 17, 1993 156 Agreement, including, but not limited to, the standards noted in Items 1 through 3 above. C) Modifications Any modifications of this Agreement must be approved by the City Council of Dubuque, Iowa D) Recording A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 24-93. E) Construction This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the owner and its heirs, successor and assignees. Published officially in the Telegraph Herald newspaper this 21st day of May, 1993. Mary A. Davis CMC It 5/2I City Clerk Council Member Krieg moved final adoption of the Ordinance. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Proof of Publication certified to by the Publisher on Notice of Public Hearing reclassify properties located West of Kerper Boulevard and East of Freeway 61/151 from HI to POS and from HI to Mill District, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Nagle moved that the proof of publication be received and filed Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. An Ordinance amending Zoning Ordinance by reclassifying properties located East of Freeway 61/151, North of 12th Street, South of 16th Street, and West of Kerper Boulevard from HI Heavy Industrial District to POS Public Open Space District; 61/151,and Pproperty orrth of t16tth Streets ath nd West of f Kerper Boulevard, from HI Heavy Industrial District to MHI Modified Heavy Industrial District, said Ordinance having been presented and read at the Council Meeting Of April 19th, presented for final action. (OFFICIAL PUBLICATION ORDINANCE NO. 25-93 AN ORDINANCE 01? THE CITY 01? DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED EAST OF FREEWAY 61/151, NORTH OF 12TH STREET, SOUTH OF 16111 STREET, AND WEST OF KERPER BOULEVARD, FROM HI HEAVY INDUSTRIAL DISTRICT 10 POS PUBLIC OPEN SPACE DISTRICT; AND PROPERTY EAST AND SOUTH OF FREEWAY 61/151, NORTH OF 16TH STREET AND WFST 01? KERPER BOULEVARD, FROM HI HEAVY INDUSTRIAL DISTRICT TO MHI MODIFIED HEAVY INDUSTRIAL DISTRICT. NOW, THEREFORE, BE rr 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 the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from HI Heavy Industrial District to POS Public Open Space District, and from HI Heavy Industrial District to MHI Modified Heavy Industrial District as per Exhibit A. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of May, 1993. James E Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 1st day of lune, 1993. Mary A. Davis CMC It 6/1 City Clerk Council Member Nagle moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Proof of Publication certified to by the Publisher on Notice of Hearing of 111 I Ic 11 157 Regular Session, May 17, 1993 Availability and Prepared Statement of Community Development Objectives and Projected use of Funds far Fiscal Year 1994 and communication of City Manager recomnamding approval of Statement of Objectives and Projected use of Conunmdty Development Funds, presented and read. There were no written objections received and no oral objectors present at the rime of the Heating. Council Member Krieg moved that the proof and communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. RESOLUTION NO. 140-93 RESOLUTION AUTHORIZING THE FILING OF A FINAL STATEMENT COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OFFUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT 19TH YEAR Whereas, the City of Dubuque is entitled to participate in the Community Development Block Grant Program authorized under the provisions of Title 1 of the Housing and Community Development Act of 1974, u amended; and Whereas, the City of Dubuque has been declared eligible for funding in the amount of $1,314,000 for the Program Year commencing July 1, 1993; and Whereas, federal regulations require that prior to the receipt of the above referenced grant funds the City of Dubuque shall prepare a Final Statement of Community Development Objectives and projected use of funds; and Whereas, the City's Community Development Block Grant Program Citizen Participation Plan requires that prior to adoption of a final statement the City Council shall publish notice and hold a public hearing on a Proposed Statement of Community Development Objectives and Projected Use of Funds; and Whereas, said notice was published as required and said public hearing was held on May 17, 1993; and Whereas, the City Council has considered the recommendations of the Community Development Commission and the comments received during the public hearing; and Whereas, the City Council finds that the Proposed Statement of community development objectives and projected use of funds has been developed so as to give maximum feasible priority to activities which will benefit low and moderate income pennons or aid in the prevention or elimination of slum and blight. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby adopts the Proposed Statement of Community Development Objectives and Projected Use of Funds as its Final Statement, subject to any and all modifications made as result of the City Council's public hearing. Section 2. That the filing of a Final Statement of Community Development Objectives and Projected Use of Funds for the Community Development Block Grant 19th Year is hereby approved, and the Mayor of the City of Dubuque is hereby authorized and directed to execute the necessary documentation on behalf of the City of Dubuque. Section 3. That the City Manager is hereby authorized and directed to submit, in the required number of copies, said Final Statement to the U.S. Department of Housing and Urban Development and other appropriate agencies together with such other documents as may be required and to publish notice of the availability of said Statement as provided in the Citizen Participation Plan. Passed, approved and adopted this 17th day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of City Manager recommending removal of "Stop Signs" at the intersection of Main and 3rd Streets, presented and read. Council Member Kluesner moved that the communication be received and fled. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. An Ordinance Modifying Subsection (b) of Section 32-214 providing for the removal of stop signs at intersection of Main & 3rd Streets, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 26-93 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF Regular Session, May 17, 1993 THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR REMOVAL OF STOP SIGNS AT THE INTERSECTION OF MAIN STREET AND THIRD STREET NOW, THEREFORE, 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 deleting Main Street from Subsection (b) of Section 32-214 thereof as follows: "Sec. 32-214. Stop Intersections. (b) Northbound and Southbound Main Street and Third Street Passed, approved and adopted this 17th day of May, 1993. Attest: Mary A. Davis City Clerk Published officially in the Tekgraph Herald newspaper this 1st day of June, 1993. Mary A. Davis CMC It 6/1 City Clerk Council Member Kluesner moved that this be considered the first reading of the Ordi- nance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of City Manager recommending to purchase property at 851 Kaufman Ave., presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. RESOLUTION NO, 141-93 RESOLUTION OF INTENT TO ACQUIRE REAL ESTATE AT 851 KAUFMANN AVENUE, IN THE CITY OF DUBUQUE.. Whereas, the City of Dubuque is committed to enforcement 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, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby gives notice of its intent to acquire the following legally described property from the sellers, Russell and Dawn Vandermeulen; Lot 2 of Sub Lot 2-1-51 of Burtons Addition, Lot 2 of Sub Lot 1-2 of Mineral Lot 344, Lot 2 of Sub Lot 1- 50 of Burtons Addition, Lot 2 of Sub Lot 1-2-50 of Burtons Addition, and Lot 1 of Sub Lot 1-1-51 of Burtons Addition, Dubuque, Iowa in the City of Dubuque, Iowa, Dubuque County, Iowa, according to the recorded plat thereof at the cost of Twenty -Four Thousand Dollars ($24,000), 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 tenns and conditions of the attached offer. Passed, approved and adopted this 17th day of May, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg, Nays—None. Communication of City Manager recommending approval of the Community Partnership Program, presented and mad. Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None, RESOLUTION NO. 142-93 RESOLUTION AUTHORIZING THE AWARD OF COMMUNITY PARTNERSHIP PROGRAM (cp2) FUNDS Whereas, under the provisions of Title 1 of the Housing and community Development Act of 1974, as amended, the City of Dubuque has received Community 159 Regular Session, May 17, 1993 Development Block Grant (CDBG) funds for the development and maintenance of a viable urban community through the provision of decent housing, a suitable living envirantrtent and expanded economic opportunities for its residents, particularly chose persons of low and moderate income; and Whereas, the Community Partnership Program (cp2) was developed in response to the national goals and objectives of the CDBG program; and Whereas, amended guidelines for the implementation and administradon of the Community Partnership Program (cp2) have been developed and approved by the City Council by Resolution No. 259-92 on July 20, 1992. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby awards Community Partnership Program (cp2) monies to the following organizations. The award shall consist of a grant to the organization for the identified project and shall not exceed the amount noted below. Dubuque Community School District: Project Peace ($ 25,000) Four Mounds Foundation: Road Improvements ($ 9,500) Hillcrest Family Services: Therapeutic Alternatives ... ($ 25,000) St. Stephen's Food Bank: Facility Upgrade (S 9,250) Substance Abuse Services Center: Project Relocation (S 23,000) Washington Neighborhood Council: Neighborhood Center ($ 25,000) Section 2. That the City Manager be and he is hereby authorized to develop and execute contracts with representatives from the aforementioned organizations in accordance with the program guidelines established for the Community Partnership Program and the Community Development Block Grant program. Section 3. That upon execution of said contracts, the City Manager is hereby authorized and directed to disburse program funds in support of the approved projects and in accordance with the terms and conditions established in said contracts. Passed, approved and adopted this 17th day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Ruth Nash, 422 Lora, spoke representing "Kaleidoscope" and requesting additional equipment and pronation funding. Council Member Krieg moved that Mrs. Nash's request be referred back to Staff to see if other alternatives are available. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. RESOLUTION NO. 143-93 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT 5 Day Permit Donna M. Ginter Special Event (Out Door) Sunday Sales 1891 Hawthorne Dubuque JayCees Dubuque Jay Cees (Out Door) Sunday Sales Town Clock Plaza CLASS "BE" BEER PERMIT Beecher Co., Inc. Beecher Beverage Sunday Sales 1691 Asbury CLASS "C" BEER PERMIT McCann's Service, Inc. McCann's Service Sunday Sales 690 West Locust Dubuque Yacht Basin, Inc. Sunday Sales 1630 E. 16th St Passed, approved and adopted this 17th day of May, 1993. James E. Brady Mayor Regular Session, May 17, 1993 Whereas, the premises to be 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, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Beverly A. Larsen Denny's Lux Club Sunday Sales 3050 Asbury James E. Bauer Jimmy B's Sunday Sales 431 Rhomberg Riverside Bowl, Inc Riverside Bowl, Inc. Sunday Sales 1860 Hawthorne M M and H, Inc. Silver Dollar Cantina Sunday Sales 342 Main Patricia A. Broessel Corner Tap Sunday Sales 2093 Washington CLASS "E" LIQUOR LICENSE Beecher Co., Inc. Beecher Beverage 1691 Asbury Rd Passed, approved and adopted this 17th day of May, 1993. Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. RESOLUTION NO. 144-93 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of Zoning Commission approving rezoning request of Wm. Heitman to reclassify property at 3400 Asbury Road from OR to OS District, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. An Ordinance amending Zoning Ordinance by reclassifying property located at 3400 Asbury Road from OR Office Residential District to OS Office Service District, presented and read. Council Member Krieg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the Ordinance at the Council Meeting of lune 711* at 7:30 p.m in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. • Communication of Zoning Commission approving rezoning request of Raymond Hughes to reclassify property located North of 3735 Peru Road from C-3 to R-1 District, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. An Ordinance Amending Zoning Ordinance by reclassifying property located North of 3735 Peru Road from C-3 General Commercial District to R-1 Single -Family Residential District, presented and read. Council Member Krieg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the Ordinance at the Council Meeting of June 21st at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Kluesner. Carried by the following vow: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of Zoning Commission approving rezoning request of Larry Wolff to reclassify properties at 3270, 3370, 3400, 3450 Cental and 10 Milwaukee from LI to C-3 District, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. An Ordinance Amending Zoning Ordinance by reclassifying properties located at 3270, 3370, 3400, 3450 Central Avenue and 10 Milwaukee Street from LI Light Industrial District to C-3 General Commercial District, presented and read. Council Member Krieg moved that this be considered the first reading of the Ordinance, 161 Regular Session, May 17, 1993 and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the Ordinance at the Council Meeting of June 7, 1993 at 7:30 p.m in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of Zoning Commission approving text amendment to Zoning Ordinance pertaining to Roof Signs, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. An Ordinance amending Zoning Ordinance by repealing Section 4-3.3(G) and adopting a new Section 4-3.3(0) in lieu thereof pertaining to prohibiting Roof Signs, presented and read. Council Member Krieg moved that this be considered the fust reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the Ordinance at the Council Meeting of June 21, 1993 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Kluesner. Carried by the following vote: Yeas—Mayor Brady, Councii Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of Zoning Commission recommending approval of adoption of a Conceptual Development Plan for. the Terrace Heights PR Planned Residential District on Peru Road as requested by Windsor Park Properties/ROC, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. An Ordinance amending Zoning Ordinance by adopting a Conceptual Development Plan for the Terrace Heights PR Planned Residential District on Peru Road in the City, presented and read. Council Member Krieg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finafiy adopted be suspended and further moved that a Public Hearing be held on the Ordinance at the Council Meeting of June 21, 1993 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of City Manager submitting documents providing for the bidding process for the construction of the St Ambrose St. Storm Sewer Extension Project, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. RESOLUTION NO, 145.93 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Regular Session, May 17, 1993 RESOLUTION NO. 146-93 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the St Ambrose Storm Sewer Extension. NOW THEREFORE, 13E IT RESOLVED BY THE CITY COUNCIL OF WE CITY OF DUBUQUE, IOWA: That on the 7th day of June, 1993, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cwt of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 17th day of May, 1993. James E. Brady Mayor NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the St. Ambrose Storm Sewer Extension, in the estimated amount of $64,998.74, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 17th day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Attest: Mary A. Davis City Ckrk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. RESOLUTION NO, 147-93 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the St Ambrose Storm Sewer Extension is hereby ordered to be advertised for bids for construction BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the Qty of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 25th day of May, 1993. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on the 7th day of June, 1993. Passed, adopted and approved this 17th day of May, 1993. Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. MINUTES SUBMITTED -- Community Development Commission of 4-14; Cable Community Teleprogramming Commission of 5-4; Housing Code Appeals Board of 4- 20; Library Board of Trustees of 4-22; Park & Recreation Commission of 4-13; Zoning Board of Adjustment of 4-29; Zoning Commission of 5-5, presented and read. Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communications of Corporation Counsel advising the following claim have been referred to Crawford & Company, the agent for the Iowa Communitiess Assurance Pool: Car damage of Lisa Foley; Truck damage of James W. Friedman; False arrest of Shawn Kascel; Personal injury of Barbara Krieg; Tire damage of Angela Nabb; Tire damage of Terry W. Reichel; Personal injury of Vera Schroeder, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. NOTICES OF CLAIMS/SUITS -- Jeffery Harty in amount of $1,060 for vehicle damages; Amy Maas in amount of $334.82 for vehicle damages; Richard Meyer in amount of $1500,00 for backed -up sewer damages; Baird & Kim Sessions in amount of $800.00 for backed -up sewer damages; Karen Reuter in amount of $89.20 for vehicle damages, presented and read. 163 Regular Session, May 17, 1993 Council Member Voetberg moved that the claims and suits be referred to the legal Staff far investigation and report Seconded by Council Member Nagle. Canied by the following vote: Yeas—Mayor Brady, Council Member Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Proof of Publication, certified to by the Publishes of List of Claims for month ending March 31, 1993; Communication of City Manager submitting Quarterly Investment Report and Communication of Finance Director submitting Financial Reports for April 1993, presented and read. Council Member Voetbag moved that the proof and communications be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of Thomas and Frank G. Miller submitting Special Assessment Deferment Notice for Peru Road Reconstruction from Jackson Street to the Northerly City Limits, presented and read. Council Member Voetberg moved that the communiaton be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communications of DRG Investment submitting Notice of Expiration of Right of Redemption on 2 properties, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluane, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Petition of Randy Hefei requesting vacation of a 20 foot wide public alley abutting Lots 641, 642 and 643 of North Dubuque in exchange for easements necessary for the reconstruction of Pau Road, presented and read. Council Member Voetberg moved that the petition be referred to the City Manager and Staff. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Petition of Penny Schissel containing 20 signatures requesting a Residential Parking Permit District Designation for North Main St. and Roslin St., presented and read. Council Member Voetberg moved that the petition be referred to the City Manager for investigation and report. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayer Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of Zoning Commission approving final plat of Jaeger Heights Sub. No. 3 located Northeast of Jaeger Drive, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas --Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. RESOLUTION NO. 148-93 A RESOLUTION APPROVING THE FINAL PLAT OF JAEGER HEIGHTS SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Jaeger Heights Subdivision No. 3 in the City of Dubuque, Iowa; and Whereas, the abutting Jaeger Drive and Kathy Drive and certain public utility easements have been platted and dedicated by previous owners; and Whereas, said final plat has been examined by the Zoning Commission and had its approval endorsed thereon subject the owner agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conferee to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed; and Whereas, the City Council concurs in the conditions of approval established by the Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Jaeger Drive and Kathy Drive, together with the easements for public utilities, sanitary sewer, storm sewer and water mains; and Section 2. That the plat of Jaeger heights Subdivision No. 3 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, lows, upon said final plat, provided the owner of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce Jaeger Drive and Kathy Drive to grade and to construct Regular Session, May 17, 1993 concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete Paving with integral curb, all in accordance with the City of Dubuque standard specifications; -.. all in a manna acceptable to the City Engineer and in conformance with constmcton improvement plans approved by the City Engineer. b. To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, stain sewers and catch basins, boulevard street lighting and erosion control devices all in acconlance with the City of Dubuque standard specifications and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. c. To construct said improvements, except sidewalks, within one year from the date of acceptance of this resolution, at the sole expense of the subdivider, as owner, or future 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 construct sidewalks in accordance with the requirements of Section 42- 24(e) of the City Code, specifically: Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of- way. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat f. To install temporary cul-de-sac(s) at Jaeger Drive and Kathy Drive, as shown on the approved construction improvement plans. And further provided that said Alfred E. and Bernice M. Gudenkauf, as owner of said property, shall secure the performance of the foregoing conditions provided in Section 2 by providing security in such form and with such sureties as may be 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 hereof within forty-five (45) days after the date of the Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 1741 day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 148-93 We, the undersigned, Alfred E. and Bemice M. Gudenkauf, having mad the terms and conditions of the Resolution No. 148-93 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 24th day of May, 1993. By /s/ Alfred E. Gudenkauf By /s/ Bernice M. Gudenkauf To: Mary A. Davis City Clerk This is to certify that the required security for the foregoing Resolution No. 148-93 has been properly filed. Dated at Dubuque, Iowa this 25th day of May, 1993 /s/ Michael C. Van Milligen City Manager Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of City Manager recommending adoption of resolution providing for the appointment of Medical Directors for the Fire Department, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. RESOLUTION NO. 149-93 RESOLUTION APPOINTING MEDICAL DIRECTORS FOR THE CITY OF DUBUQUE'S ADVANCED EMERGENCY MEDICAL CARE AMBULANCE SERVICE 165 Regular Sessbn, May 17, 1993 Regular Session, May 17, 1993 Whereas, the rubs of the Iowa Deparitnent of Health regbire that an advanced emergency medical care ambulance service authorized by that Department be under the direction, advice or orders by • Medical Director who supplies professional expertise for advanced emergency medical caro; and Whereas, Doctors Deborah Rosen and Thomas Millar are both Board-certified Emergency Department Physicians interested in serving in this capacity, and such service is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Dr. Deborah Reiser be hereby appointed as Medical Director of the City of Dubuque's twenty-four hour Advanced Emergency Medical Care Ambulance Service authorized by the Iowa Department of Health. Section 2. That Dr. Thomas Miller be hereby appointed as Associate Medical Director of the City of Dubuque's twenty- four hour Advanced Emergency Medical Care Ambulance Service authorized by the Iowa Department of Health. Paced, approved and adopted this 17th day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of City Manager recommending approval of Mini Bus contract with Project Concern/Phone-A- Friend for Fiscal Year 1994, presented and read. Council Member Voetberg nerved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. RESOLUTION NO. 150-93 RESOLUTION APPROVING ADDENDUM TO PURCHASE OF SERVICES AGREEMENT WITH PROJECT CONCERN/PHONE-A- FRIEND under contract with the City of Dubuque for Fiscal Year 1993; and Whereas, both parties wish to continue the service through Fiscal Year 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the purchase of service agreement for mini -bus service through Project Concern/Phone-A-Friend for Fiscal Year 1994 be approved. Section 2. That the Mayor be authorized and directed to execute the purchase of service agreement. Passed, approved and adopted this 17th day of May, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of City Manager advising of vacancy on Cable Community Teleprogramming Commission due to resignation of Dr. Dennis Corso, presented and road. Council Member Voetberg moved that the communication be received and filed and accepted with regret. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of City Manager recommending acceptance of property located at 2658 Jackson Street, presented and read. Council Member Voetberg moved that the communication he received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Whereas. ProjectConcem/Phone-A-Friend is operating three Qty owned mini -buses RESOLUTION NO. 151-93 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY LOCATED AT 2658 JACKSON STREET, DUBUQUE, IOWA, TO THE CITY OF DUBUQUE, IOWA. in the Qty of Dubuque, in the County of Dubuque, Iowa, according to the recorded plat thereof from William B. and Marjorie M. Montelius; and Whereas, the Seller has delivered a Wamnty Deed to the City of Dubuque, Iowa, granting to the City of Dubuque all rights, rite and interests in said property, a copy of which Warranty Dad is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from William B. & Marjorie M. Merhteilus, attached hereto. Section 2. The City Clerk is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution Section 3. The City Clerk is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 17th day of May, 1993. Attest: Mary A. Davis City Clerk Council Member moved adoption of the Resolution. Seconded by Council Member Nagle. Canied by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of City Manager recommending acceptance of property located at 464 Loras Blvd., presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. The West One-half (.W ) of Lot Six (6) in A.L. Brown's Subdivision and the East Two Feet (E 2') of Lot Seven (7), in the City of Dubuque, in the County of Dubuque, Iowa, according to the recorded plat thereof from Michael!. and Rebecca O'Rourke; and Whereas, the Seller has delivered a Warranty Deed to the City of Dubuque, Iowa, granting to the City of Dubuque all rights, rte and interests in said property, a copy of which Warranty Deed is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents lo the Warranty Deed from Michael J. and Rebecca O'Rourke, attached hereto. Section 2. The City Clerk is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 3. The City Clerk is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 17th day of May, 1993. James E. Brady Mayor Whereas, the Qty of Dubuque, has agreed to purchase the following legally described real property: The Northerly One-half (N 1)2) of Lot Number Two Hundred Twenty -Six (226) in Glendale Addition Number Three (3) RESOLUTION NO. 152-93 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY LOCATED AT 464 LORAS BOULEVARD, DUBUQUE, IOWA, TO THE CITY OF DUBUQUE, IOWA. Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Communication of City Manager requesting to publish notice on request to release funds for Community Development Block Grant funds, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Whereas, the City of Dubuque has agreed to purchase the following legally described real property: RESOLUTION NO. 153-93 RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS 167 Regular Session, May 17, 1993 Whereas, the Qty of Dubuque convened an d hoc committee en April 8, 1993, which completed an environmental assessment of the following projects to be funded in the Community Development Block Grant: W. C. Brown Communications, Inc. Anasau Exclusive Salon Products, Inc.; & Whereas, pursuant to Resolution No. 134-93, adopted May 3, 1993, public notice of a "Finding of No Significant Effect on the Environment" for the above projects was published May 6, 1993, in the Dubuque Telegraph Herald and provided for a public corm ant period until 12:00 noon, Friday, May 21, 1993; and Whereas, public notice of a "Finding of No Significant Effect on the Environments for the projects was sent by regular mail to various federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a public notice; and Whereas, any and all objections, if any, to such proposals have been duly considered; and Whereas, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of Housing and Urban Development for the release of funds to carry out the above identified Projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the environmental review record for each of the projects shall continue to remain on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development seven (7) days after publication of appropriate notice a Request for Release of Funds to undertake the said projects. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsi- bilities for review, decision making, and action assumed and carried out by the Qty of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in Regular Session, May 18, 1993 168 relation to environmental review, decision nuking, and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Section 6. That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification attached hereto and made a part hereof. Passed, approved and adopted this 17th day of May, 1993. DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Caned by the following vote: Yeas—Mayer Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. There being no further business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Meeting djoumed 8:52 p.m. Mary A. Davis CMC City yJ Clerk Approved _:,/moi 4 -car 7/ 1994. Adopted _ tache 1994. Council Members Special Session, May 18, 1993 Council met at 5:30 p.m., Cobblestone Room, Days Inn, 1111 Dodge Street Present: Mayor Brady, Council Member Kluesner, Nagle, Nicholson, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Absent: Council Member Krieg. Vacant: Third Ward. Mayor Brady read the call and stated this is a Special Session of the City Council called for the purpose to act upon resolutions directing the sale of General Obligation Bonds, Series 1993,4 and Parking Revenue Bonds, Series 1993B. Proof of publication, certified to by the Publisher, on Official Notice of Sale $4,645,000 City of Dubuque General Obligation Bonds, Series 1993A; Proof of publication, certified to by the Publisher, on Official Notice of Sale $2,620,000 Parking Revenue Refunding Bonds, Series 199313; Communication of Richard Previa of Speer Financial, Inc., recommending acceptance of bide of Hams Trust & Savings at a net interest rate of 4.1747% for G.O. Bonds and recommending rejection of bide received for Parking Revenue Refunding Bonds, Communication of City Manager recommending acceptance of low bid for G.O. Bonds and reject and cancel the sale of Parking Revenue Bonds, presented and read. Council Member Voetberg moved that the proofs of publication and communications be received and filed and approved recommendations. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Voetberg. Nays—None. Absent: Council Member Krieg. RESOLUTION NO. 1$4-93 RESOLUTION DIRECTING SALE OF $4,615,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS, SERIES 1993A Whereas, pursuant to notice as required by law, bids have been received at public sale for the bands described as follows and the best bid received is determined to be the following: $4,615,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS, SERIES 1993A: Bidder: Harris Trust & Savings of Chicago, Illinois the terra of said bid bang: Purchase price: $4,606,759.00 Net Interest Rate: 4.1747% Net Interest Cost: $977,630.79 Adjusted bid: Purchase price: $4,576,885.55 Net Interest Rate: 4.1747% Net Interest Cost: $922,072.82 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the beat and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. Passed, approved and adopted this 18th day of May, 1993. Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Krieg. A Resolution Directing Sale of Parking Revenue Refunding Bonds, Series 199313, presented and read. Council Member Voetberg moved that they not adopt this Resolution, and reject all bids and abandon this sale. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Krieg. James E. Brady Mayor 169 Regular Session, May 18, 1993 There being no further business, Council Member Voetberg moved to adjourn. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Brady, Council Members Kluestar, Nagle, Nicholson, Voetberg. Nays—None. Absent—Council Member Krieg. Meeting adjourned at 5:40 p.m. Mary A. Davie CMC City Clerk Approved .,.1/LLLdt61 c--?/ 1994. Adopted.L tV 01 1994. Board of Health, June 7, 1993 �j 170 Approved `Lc-it%,1 Council Members Attest: City Clerk CITY OF DUBUQUE BOARD OF HEALTH OFFICIAL PROCEEDINGS Special Board of Health Meeting, June 7, 1993 Board Met at 7:25 p.m., Public Library Auditorium Present: Chairperson Brady, Board Members Klueaner, Krieg, Nagle, Nicholson, Voetberg. Vacant: One Board Member Seat Chairperson Brady read the call and stated this is a Special Mating of the Board of Health called fa the purpose to approve an Agreement with the Visiting Nurses Association (VNA). Communication of City Manager requesting approval of an Agreement between the City of Dubuque and the Visiting Nurses Association (VNA) for service in Fiscal Year 93-94, presented and read. Board Member Krieg moved that execution of the Agreement be approved. Seconded by Board Member Nicholson. Carried by the following vote: Yeas—Chairperson Brady, Board Members Manner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. There being no further business, Board Member Krieg moved to adjourn the meeting. Seconded by Board Member Nagle. Carried by the following vote: Yeas—Chairperson Brady, Board Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Meeting adjourned at 7:36 p.m Mary A. Davis CMC Secretary, Board of Health Attest: Board of Health Members