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1993 August Council Proceedings 279 Spec:18' Se8IIon, July 21, 1993 Regular Session, August 2, 1993 280 ~,~:1:'~ Adapœd . ;.¿ ,/ 1994. DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, Angust 2, 1993 Council Met at 7:30 p.m.. Public library Auditorium Present: Mayoc BOOy, Council Members Kluesner, Nagle, Nicbulsoo, Robbins, Vuetberg, City Manager Michael Van Milligen, Cocporstion Counsel Bony A. Lindnbl. Absent: Council Member Krieg at Roll Call. Council Members Mayor Brady read the call and stated this is the Regular Session of the City Council called for the purpose to act open such business which may properly come before the Council. - 71'1 d &N: City Clerk Invocation was given by Mo..ignor William Lecnard. PROCLAMATIONS -- Angust I - 7 as "World Breastfeeding Week"; August 10 - IS as "Dubuque County Fair Week", received by 4-H King Tony Krapf] & Queen Jean Hanunerand; August 17 - Oct 29 as "United Way Campaign Time" received by Pat McGrane. Council Member Vuetberg moved that the rules be suspended to allow anyone present to nddress the Couucil. Seconded by Council Member Nagle. Camed by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Nagle, Nicbulson, Robbins, Vuetberg. Nays--None. Absent-Council Member Krieg. Proof of Publication certified to by the Publisher on Notice of Public Hearing to co..ider selling property located at 683 Angella Street and communication of City Manager requesting not to sell the property at 683 Angella Slreet at this time, presented and read. Council Member Vuetbe¡g moved that the proof and communication be received and filed and concurred with request not to sell at this time. Seconded by Council Member Nagle. Camed by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicbulson, Robbins, Vuetherg. Nays--None. Absent-Council Member Krieg. Proof of Publication oerdfied to by the Publisher on Notice of Public Hearing to reclassify properties located from 910 Roosevelt Rd. up to and including 1040 Roosevelt Road from R-I to R-2 District presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. John Faller requested favorsble adoption. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Vuetberg. Camed by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicbulson, Robbins, Vuetherg. Nays--None. Absent-Council Member Krieg. An Ordinance Amending Zoning Ordinance by reclassifying property located from 910 Roosevelt Road up to and including 1040 Roosevelt Road from R-I Single-Family Residential District to R-2 Two-Family Residential District, said Ordinance having been presented and read at the Council Meeting of July 19th, presented for forther action. (OFFICIAL PUBLICATION) ORDINANCE NO. 44-93 AN ORDINANCE OF THE CllY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, lOW A, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE WNING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERlY LOCATED FROM 910 ROOSEVELT TO AND INCLUDING 1040 ROOSEVELT ROAD FROM R-I SINGLE- FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RF.sIDENTIAL DISTRICT, NOW, TIlEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by revising Appendix A therecf, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from R-I Single-Family Residential District to R-2 Two-Family Residential District, to wit: Lot 2 of Lot 2 of Koch Place, Lot 13, 14, IS, 16, 17, 18, and 19 of Wersinger Subdivision and the southeasterly 150 feet of Lot 1-1-1-1- I-I of the Southeast 112 of the 281 Regular Session, August 2,1993 Northeast 1/4 of the Northwest 1/4 of Section 12, Township 89N, Range 2E, and 10 the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Commiasion of the City of Dubuque, Iowa. Puaed, opproved and adopted this 2nd day of August 1993. James E. BOOy Mayor Attest: Mary A. Davis City Clerk Published officially in the Teœgraph Herald newspaper this 6th day of August 1993. It 8/6 Mary A. Davis CMC City Clerk Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote; Yeas-Mayor BOOy, Couucil Members Kluesner, Nagle, Nicbulson, Robbins, Vuetherg. Nays--None. Abseut-Council Member Krieg. BOARDS AND COMMISSIONS: CABLE REGULATORY COMMISSION Two three year terms which will expire Juoe 30, 1996 (terms of C. Ellis & W. Webster). Applicants: Ronald W. Tigges, Walter L. Webster, 3509 Asbury Rd., Charlie Ellis, 373 S. Grandview. Council Member Voetberg moved that Walter Webster be reappointed and Ronald Tigges appointed for three year terms that will expire 6-30-96. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. Ahaent-Council Member Krieg. CABLE COMMUNITY TELEPROGRAMMING COMMISSION Three three-year terms which will expire 6-30-96 (Terms of C. Hoverman & D. Fryburger) Applicants: Sr. Carol Hovermsn. Council Member Voetberg moved that Sr. Carol Hoverman be reappointed to a three year term which will expire 6-30-96. Seconded by Council Member Nicholson. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. ELECTRICAL CODE BOARD Two three-year terms which will expire 5- 21-96 (terms f<r At Large & BIec. Engr.) Applicants: At Large - Richard F. Wagener. Council Member Kluesner moved that Richard F. Wagener be appointed for a three yesr term which will expire 5-21-96. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicbulson, Robbins, Voetherg. Nays-None. Ahaent-Council Member Krieg. TRANSIT BOARD OF TRUSTEES One three year term which will expire 7- 30-95 (term of G. Hesthcote) and three three-year terms which will expire 7-20-96 (term of G. Enderson, Jr., W. Hilvers & M. Sand). Applicants: William Nolan. Mr. Nolan spoke on his own behalf. Council Member Voetberg moved to appoint William Nolan to fill an unexpired term which will expire 7-30-95. Seconded by Council Member Nagle.' Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicbulson, Robbins, Voetberg. Nays--None. Absent-Council Member Krieg. Council Member Krieg entered the - Chambers at 7:57 p.m. Communication of City Manager submit1ing recommendations regarding the findings on the State Budget Appeal for Fiscal Year 1994, presented and read. Council Member Kluesner moved to receive and file the communication and approved recommendation. Seconded by Council Member Nicholson. Vote on the motion was as follows: yeas-council Members Kluesner, Krieg, Voetberg. Nays-Mayor Brady, Council Members Nagle, Nicholson, Robbins. Motion failed. Council Member Nicholson moved to request a rehearing but iu the meantime agree with the Mannger's recommended bodget revisions. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Nagle, Nicholson, Robbins. Nay.-council Members Krieg, Voetberg. Council recessed at 8:43 p.m.; Council reconvened at 9:04 p.m. Petition containing approx. 855 signatures, requesting the question of "Levying a tax of twenty-seven cent per thousand dollars of assessed value foc support of a public library" be pluced on the ballot for the election to be held on November 2, 1993, presented and read. Charles Jacobs, 216 Regular Session, August 2, 1993 Bradley, spoke requesting affirmsdve action on the request Council Member Krieg moved that the petition be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholsoo, Robbins, Voetberg. Nays-None. RESOLUTION NO. 229-93 RESOLUTION SUBMITTING TO THE VOTERS AT TIlE NEXT REGULAR CI1Y ELECTION TIlE QUESTION OF WHETHER A TAX SHOULD BE LEVIED FOR SUPPORT OF TIlE PUBLIC LIBRARY Wbereas, Section 384.12(20) provides that a City may certify, for the General Fund levy, taxes which are not subject to the limit provided in Section 384.1, and which are in addition to any other monies the City may wish to spend for such purposes, a tax not to exceed twenty-seven cents per thousand dollars of assessed value for support of a public library, subject to petition and referendum reqoirements, and that if a majority approves a levy, it shall he imposed; Whereas, Section 384.12(1) further provides that open receipt of a petition valid under the provisions of Iowa Cnde Section 362.4, the Council shall submit to the voters at the next regular City election the question of whether a tax shall be levied; and Wbereas, there has been submitted to the Dubuque City Council a petition containing 855 signatures calling for a public referendnm to levy a tax in the amoont of twenty-seven centers per thousand dollars of assessed value for support of the City of Dnbuque Public Library. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: Section 1. That a petition to the Dubuque City Council for a referendwn to certify, for the General Fund levy, a tax of twenty-seven cents per thousand dollars of assessed value for support of the public Hbrary is hereby found and determined to he a valid petition in accordance with Jowa Cnde Section 384.12(a) and Section 362.4. Section 2. That the County Conunission of Elections of Dubuque County is hereby directed to inclnde on the hallot at the next 'I regular City election the following proposition: Shall the City of Dubuque, Iowa, levy a tax in the amount of twenty-seven cents per thousand dollars of assessed value for support of the City of Dubuque Public Library, which taxes are in addition to 282 any other monies the City may wish to speI1d for such purpose? Puaed, opproved and adopted this 2nd day of August 1993. James E. BOOy Mayor Attest: Mary A. Davis City Clerk Council Member Kdeg moved ndoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays--None. Communication of City Manager recommending to hire a f]ow monitoring firm to conduct the first phuse of an Infiltration/lnf]ow (III) study on the Catfish Creek sanitary sewer basin at a cost of $107,000.00, p:esented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Conncil Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays--None. RESOLUTION NO. 230-93 Whereas, informed proposals from f]ow monitodng firms were solicited for a f]ow monitoring study of the Catfish Creek Sanitary Sewer Basin; and Whereas, the firm of ADS Environmental Services, Inc. provided the best overall f]ow monitoring services to meet the scbedule for this project and that their proposed flow monitoring meters and methnds would result in the lowest cost for this study and subsequent phases of the Catfish Creek Collection System study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Mannger be authorized to execute a contract with ADS Environmental Services, Inc. for flow monitoring study of the Catfish Creek sanitary sewer basin. I'assed, opproved and adopted this 2nd day of August 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kdeg moved ndoption of the Resolution. Seconded by Council Member Voetberg. Carried by the 283 Regular Session, August 2, 1993 following vote: Yeas-Mayo< BOOy, Council Members Kluesner, Krieg, Nagle, Nicbulaon, Robbins, Voetherg. Nays--None. Communication of City Manager recommending to participate in Section S Housing Voucher program. presented and rend. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the foliowing vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulsoo, Robbins, Voetberg. Nays-None. RESOLUTION NO. 231-93 A RESOLUTION AUTIIORIZING THE MAYOR TO EXECUTE AN APPLICATION TO P ARTICIP ATE IN THE SECTION S HOUSING VOUCHER PROGRAM Wbereas, the City of Dubuque recognizes the continuing unmet need for provision of assisted housing to the City's qnalifying lower-income families; and Wbereas, the City has continuously provided housing assistance to Section 8 Housing Program tenants, since 1976; and Whereas, the U.S. Department of Housing and Urban Development has msde funding available to encourage municipalities to implement innovative programs promoting the economic independence of lower-income families, throngh cooperating efforts of the public and private sectors; and Wbereas, and in accordance with Section 4O3A.5 of the Iowa Code which states "A municipality or a 'Municipal Housing Agency' may not proeeed with a housing project until a study... a report and recommendation on housing available within the community is msde public by the municipality or agency and . is included in its recommendation for a housing project Recommendations must receive majority opproval from the local governing body before proceeding on the housing project" AND IN ACCORDANCE WITII Section 213(c) of the Housing and Community Development Act of 1974, which states in part that it must be determined wbether or not there is a need for such housing assistance, taking into consideration any applicable State ... areawide buusing assistance plan as well as generally available data with respect to population, poverty, buusing over-crowding, buusing vacancies and substandard housing. An application may be approved only if this determination is in the affirmstive; and Wbereas, this application is consistent with the 1993 Comprehensive Housing Affordability Sttategy for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF DUBUQUE, IOWA: Sec1ion \. The City of Dubuque has determined there is a need for additional housing assistance and is koowledgeable of the status of available housing within the City as required by Iowa Cnde and that majority approval of the proposed buusing activity within the City's jurisdiction is hereby granted. Section 2. This resolution is intended to serve as the City of Dubuque's final notice to the U.S. Department of Housing and Urban Development of such approval and that no additional comment will be msde by the City of Dubuque on this matter. Section 3. The Mayor is authorized and directed to execute an application to the U.S. Department of Housing and Urban Development for participation in the Section 8 Housing Voucher Program. Section 4. The City of Dubuque Housing Commission is hereby directed to conduct the necessary public besring regarding this application as soon as possible in accordance with requirements of Chapter 4O3.A.28 of the Cnde of Iowa, and to review and/or approve or suggest modifications of the plans for program design and ndministration of this proposed program. Section 5. The City Manager is hereby authorized and directed to forward asid application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the U.S. Department of Housing and Urban Development Passed, approved and adopted this 2nd day of August, 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--Mayo< Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. Communication of City M\",ager recommending to participute in Section 8 Moderate Rehabilitation Single Room Occupancy Program, presented and read. Council Member Voetbers moved that the communication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Regular Session, August 2, 1993 Nagle, Nicbulsoo, Robbins, Voetberg. Nays-None. RESOLUTION NO. 232.93 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE SECTION S MODERATE REHABILITATION SINGLE ROOM OCCuPANCY PROGRAM. Wbereas, the City of Dubuque recognizes the continuing unmet need for provision of assisted housing to the City's quallfying lower-income buuscholds; and Wbereas, the US Department of Housing and Urban Development has msde available funds to assist in provision of assisted housing to homeless persons; and Wbereas, and in accordance with Section 4O3A.5 of the Iowa Cnde which states: "A municipality or a 'Municipal Housing Agency' may not proeeed with a housing project until a study 0< a report and recommendation on housing available within the community is msde public by the municipality or agency and is inclnded in it recommendations for a housing project Recommendstio.. must receive majority approval from the local governing body before proeeeding on the housing projects." And in accocdance with Section 213(c) of the Housing and Community Development Act of 1974, which states in part that it must be detemtined whether or not there is a need for such housing assistance, taking into consideration any applicable State or areawide buusing assistance plan as well as genenù\y available data with respect to popnlation, puverty, buusing overcrowding, buusing vacancies and substandard housing. An application may be approved only if this I determination is in the affirmstive; and Whereas, this application is co..istent with the 1993 Comprehensive Housing Affordability Sttategy for the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section \. That the City of Dabuque has determined there is a need f... buusing assistance f... homeless perso.. and is knowledgeable of the status of available housing withiu the City as required by Iowa Code and that majority approval of the propoaed housing activity within the City's jurisdiction is bereby granted. Section 2. That this resolution is intended to serve as the City of Dubuque's final notice to the US Department of Housing and Urban Development of such approval and 284 that no additional conunent will be msde by the City of Dubuque on this matter. Section 3. The Mayor is authorized and directed to submit an application to the US Department of Housing and Urban Development for participation in the Section 8 Moderate Rehabilitation Program f... single room oecupancy. Sec1ion 4. The City of Dubuque Housing Commission is hereby directed to conduct the necesaary public hearing regarding this application in accotdance with requirements of Chapter 4O3.A28 of the Code of Iowa, and to review and/or approve or suggest modifications of the plans for program design and administration of this proposed program. Section 5. The City Manager is hereby authorized and directed to forward said application and ICsulting standsrd executed contract to the respective ageucies in a timely fashion and as required by the US Department of Housing and Urban Development Passed, approved and adopted this 2nd day of August 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetbe¡g moved adoption of the Resolution. Seconded by Council Member Robbins. Canied by the foliowing vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg. Nagle. Nicbulson, Robbins, Voetherg. Nays--None. Communication of Corporation Coume¡ submitting information regarding the Iowa Trust City of LaQuinta, CA settlement presented and read. Council Member Kluesner moved that the communication be received and filed and concurred with recommendation. Seconded by Council Member Nicholson. Canied by the foliowing vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. Petition of Rev. David Scotchmer, President of The Center for Public Ministry, requesting to address the Council regarding the Center's Housing Program, presented and read. Rev. Scotchmer spoke to petition requesting support and endoraement of fally developed CHDO and requested that a Council Member be appointed to serve on the Board of CHDO. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Memher RobbioL Carried by the following vote: Yeas-Mayor BOOy, Council Members Regular Session, August 2, 199~_____-~---- - CLASS "COO BEER PERMIT Mulgrew Oil Co. AMOCO Food Shop Loras Blvd. CLASS "BE" BEER PERMIT Sid's Beverage Store, Inc. Sid's Beverage Store 2727 Dodge St. Passe<l, approved and adopted this 2nd day of August, 1993. James E. BOOy Mayor 285 Kluesn.., Krieg, Nagle, Robbins, Voetherg. Nays--Council Member Nicholson. An Ordinance Amending Section 36-4 of the Code of Ordinances by ndopling in lieu therecf a new Section 36-4 providing f... a Long Range Planning Commission and the Composition thereof, with first reading only given at meeting of July 19th, presented for forther action. Council Member Voetberg moved that this be considered the second readiug only of the Ordinance. Seconded by Council Member Krieg. Canied by the following vote: y...-council Members Kluesner, Krieg, Nngle, Robhins, Voetberg. Nayo---Mayor Brady, Council Member Nicholson. RESOLUTION NO. 233-93 NOW, TllBREl'ORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the followiug 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. House of Chiua, lne. House of China 801 Main St. House of China, Inc. House of China 170 IPK Rd. Passed, approved and adopted this 2nd day of August 1993. James E. Brady Mayor House of China, Inc. Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicbulson. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nayo---None. RFSOLUTION NO. 234-93 Whereas, applications f... Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Wbereas, the prenùses to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, TIlEREFORE, 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 Regular Session, August 2,1993 286 Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicholson. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nngle, Nicholson, Robbins, Voetberg. Nays-None. RFSOI,UTlON NO. 235.93 Communication of City Manager submitting documents providing f... the constroction of the North West Arterial Water Main Project 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, Nicbulson, Robhins, Voetberg. Nays-None. RESOLUTION NO. ~-93 PRELIMINARY APPROVAL OF PLANS AND SPECIF1CATIONS Whereas, the proposed plans, specifications and form of contract for the Northwest Arterial Water Main Project in the estimsted amount of $234,674 have been prepared by Wallace, Holland, Kastler, Schmitz and Co., under the direction of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. The proposed plans, specificatio.., and form of contract are approved and ordered filed in the office of the City Clerk for public inspection. Passed, opproved and adopted this 2nd day of August 1993. Whereas, applicatious for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to he occupied by such applicants were inspected and found to comply with the State Law and all City Oniinances relevant thereto and they have filed p<oper 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 "B"(HOTEL MOTEL) BEER AND LIQUOR LICENSE Blue Moon Development Co. (Iowa) Clarion Hotel 450 Main St Passed, approved and adopted this 2ud day of August 1993. James E. Brady Mayor James B. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicbulson. Canied by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. RFSOLUTION NO. 137-93 FIXING DAm OF HEARING ON PLANS AND SPECIF1CATIONS Whereas, the City Council of the City of Dnbuque, Iowa, has given its preliminary approval of the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk f... the Northwest Arterial Water Main Project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section I. That on the 7th day of September, 1993, a public beating will be Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicbulson. Canied by the following vote: Yeas-May"" Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbius, Voetherg. Nays--Nooe. held at 7:30 p.m. in the Public library Auditorium at which time interested persons may appear and be heard for "" against the propoaed plans and specifications, form of contract and cost of aaid improvement and the City Clerk be and is hereby directed to cause a ootice of time and place of such hearing to be puhlished in a newspaper having general cireulalion in the City of Dubuque, Iowa, wlúch notice shall be oot less than four days n... more than twenty days p<ior to the day fixed for its consideration. At the hearing, any interested penon may appear and file objections to the proposed plans, specifications, form of contract or estimated cost of the improvement Passed, approved and adopted this 2nd day of August, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetberg moved adoption of the Resolution. Seconded hy Council Member Nicbulson. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesner. Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays--None. RESOLUTION NO.138-93 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the ~ect titled Northwest Arterial Water Main Project is herehy ordered to be advertised for bids for constroction. Section 2. 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 part of the plans and specifications heretofore adopted. Section 3. That the City Clerk is hereby directed to advertise for bids for the constroction of the improvements herein provided to be published in a newspaper having geoeral circulation in the City of Duhuque, Iowa, which notice shall not be less than four days n... more than twenty days pri... to the receipt of said hids at 2:00 p.m. on the 19th day of August 1993. Bids shall be opeued and read hy the City Clerk at asid time and will be submitted to the Council for final action at 7:30 p.m. on the 7th day of September, 1993. 287 Regular Session, August 2, 1993 Puaed, opproved and adopted this 2nd I Puaed, opproved and adopted this 2nd day of August 1993. day of August 1993. James E. Brady James E. Brady Mayor Mayor Attest: Mary A. Davis City Clerk Council Member Voetherg moved adoption of the Resolution. Seconded by Council Member Nicbulsoo. Canied by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. Petition of Hansel Builders, Inc., requesting vacadon of an ulility easement in Cedar Lake Bast Second Addition and Cedar Lake Addidon and conununication of City Manager recommending approval of request and set the matter f... a besring, presented and read. Council Member Krieg moved that the petition and communication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nngle, Nicholson, Robbins, Voetbe¡g. Nays-None. RESOLUTION NO. 239-93 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE AN UNUSED 10 FOOT WIDE UTlLI1Y EASEMENT IN CEDAR LAKE EAST SECOND ADDITION AND CEDAR LAKE ADDITION Whereas, Hansel Builders, Inc. is the current owner of Block 2 in Cedar Lake Bast Second Addidon and Block 8 in Cedar Lake Addition; and Whereas, a 10 foot wide ulility easement is currendy planed on said Blocks as described on the attacbed Bshibit "A"; and Wbereas, Hansel Builders, loc. has petitioned to vacate an unused 10 foot wide ulility easement in said Blocks. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OFDUBUQUE,IOWA: Section 1. That the City of Dubuque, Iowa intends", dispose of its interest and vacate an unused utility easement in Block 2 in Cedar Lake Bast Second Addition and Block 8 Cedar Lake Addition as described ou Exhibit" A" which is attached hereto. Section 2. That the City Clerk be and is hereby authodzed and directed to cause a notice '" be publisbed as prescribed under Section 364.7 of the Code of Iowa, ... as amerlded. Attest: Mary A. Davis City Clerk Council Member Krieg moved ndoption of the Resolution and forther set it for Public Hearing on August 16, 1993 at 7th at 7:30 p.m. iu the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Robbins. Carried by the following vote: Yeas-May... Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays-None. Petition of Jeffrey Nagle requesting vacation of a small area of property dedicated to the City and replattiug area in the vicinity and conununication of City Manager recommending approval of request of Mr. Nagle and set matter f... public hearing, presented and read. Council Member Voetberg moved that the petition and communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nicbulson, Robbins, Voetherg. Nays--Nooe. Abstain--Council Member Nngle. RESOLUTION NO. 240-93 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF KELLY'S BLUFF AT THE EASTERLY TERMINUS Wbereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated July 20, 1993, prepared by IIW Engineers & Sorveyess of Dubuque, Iowa, describing the proposed vacated portion of Kelly's Bluff; and Wbereas, said plat confcsms to the laws and statutes pertaining thereto. NOW, TIlEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 01' TIlE CITY 01' DUBUQUE, IOWA: Section 1. That the plat dated July 20, 1993 prepared by IIW Engineers & Surveyors, relative to the real estate hereinabove descdbed be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file asid plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Regular Session, August 2, 1993 288 Puaed, approved and adopted this 2nd day of August 1993. Attest: Mary A. Davis City Clerk Jamel E. BOOy Mayor Council Member Voetbe¡g moved adoption of the Resclution. Seconded by Council Member Nicbulsoo. Carried by the following vote: Yeas-Mayor Brady, Council Membe.. Kluesner, Krieg, Nicbulson, Robbins, Voetherg. Nays-None. Abstain--CouneiJ Member Nagle. An Ordinance Vacadng a portion of Kelly's Bluff at ita easterly œmainus, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Oniinance 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 forther moved that a Public Hearing be held on the Ordinance at the Council Meeting of August 16, 1993 at 7:30 p.m. in the Public Libnry Auditodum and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nicbulson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nicbulson, Robbins, Voetherg. Nays--None. Abstain--Council Membet Nagle. RESOLUTION NO. 241-93 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT I OF A IN KELLY'S BLUFF NO.2 IN TIlE CI1Y OF DUBUQUE, lOW A AND SETTING FOR PUBLIC HEARING Whereas, Mr. Jeff Nagle has requested the vacating of a pocdon of Kelly's Bluff at its easterly tenninus; and Wbereas, IIW Engin.".. & Surv.oyors cf Dubuque, Iowa have prepared and submined to the City Council a plat showing the vacated pocdon of Kelly's Bluffand assigned lot numbers thereto, which hereinafter shall be known and described as Lot I of A in Kelly's Bluff No.2 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has detennined that this portion of Kelly's Bluffis no longerreqnired for public use, and vacating and sale of said portion of Kelly's Bluff known as Lot I of A in the City of Dubuque, Dubuque County, Iowa sbuuld be approved. NOW, THBRBFORE,BEITRESOLVED BY TIlE C11Y COUNCIL OF TIlE CITY 01' DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispoae of its interest in Lot I of A in Kelly's Bluff No.2 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot I of A in Kelly's bluff No.2 in the City of Dubuque, Iowa to Nagle Publications be for the sum of $1.00 and other good and valuable consideration, plus publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of inlOnt to dispose of laid real estalc to be pubUshed in the manner as preacribed bylaw. Puaed, opproved and ndopted this 2nd day of August, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Memher Voetberg moved adoption of the Resolution and set for hearing on 8-16-93 at 7:30 p.m. in the Public Libnry Anditodum and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Rohbins, Voetberg. Nays-None. Abstain--Council Member Nngle. Communication of City Manager recommending to vacate and dispose of alley located between Peru Rd. and Excelsior Ave., presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayes Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson. Robbins, Voetherg. Nays--None. RESOLUTION NO. 242-93 RESOLUTION APPROVING PLAT OF PROPOSED V ACA TF.D ALLEY BETWEEN PERU ROAD AND EXCEI.sIOR STREET SOUTH OF WALKER STREET Wbereas, there has been presented to the City Council of the City of Dubuque, Iowa, . plat dated July I, 1993, prepared by Buesing & Associates of Dubuque, Iowa describing the proposed vacated alley between Peru Rond and Bscelsior Street south of Walker Street; and 289 Regular Session, August 2, 1993 Regular Session, August 2,1993 290 Wbereas, said plat confocms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated July I, 1993 prepared by Buesing & Asaociates, relative to the real estate hereinabove described be and the aarne is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is belCby authorized and directed to file said plat and certified copy of this reaolution in the office of the Recorder, in and for Dubuque County, Iowa. Puaed, opproved and adopted this 2nd day of August 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicbulson. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. An Ordinance Vacating an alley between Peru Road and Exeelsior Slreet South of Walker Street presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be co..idered and voted on for passnge at two Council meelings pri... to the meeting at which it is to be finally ndopted be suspended and forther moved that a Public Hearing be held on the Ordinance at the Council Meeting of August 16, 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. Canied by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. RESOLUTION NO. 243.93 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 642A IN NORTH DUBUQUE ADDITION IN TIlE CI1Y OF DUBUQUE, lOW A AND SETTING FOR PUBLIC HEARING Wbereas, Hawk Developers baa requested the vacating of an alley between Peru Road and Excelsior Street south of Walker SIree~ and Wbereas, Buesiug & Associates of Dubuque, Iowa has prepared and subrniUed to the City Council a plat showing the vacated alley and assigned 101 numbers thereto, which hereinafter shall be known and described as Lot 642A in North Dubuque Addition in the City of Dubuque, Iowa; and Wbereas, the City Council of the City of Dubuque, Iowa has determined that this alley is uo longer required f... public use, and vacating and sale of said alley known as Lot 642A in North Dubuque Addition iu the City of Dabuque, Dubuque County, Iowa should be opproved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: Section 1. That the City or Dubuque intends to dispuee of its interest in Lot 642A in North Dubuque Addition in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 642A in North Dubuque Addition in the City of Dubuque, Iowa to Hawk Developers be contingent upun the payment of $600.00, plus publication and filing fees. Section 3. That the City Clerk be and is helCby authorized and directed to cause a notice of intent to dispuse of said real estate to be published in the manner as prescribed bylaw. Passed, opproved and adopted this 2nd day of August, 1993. James B. Brady Mayor be act for Public Hearing on August 16, 1993 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the monner prescribed by law. Seconded by Council Member Krieg. Carried by the following vote: yeas-council Members Kluesner,Krieg, Nicholaon, Robbins. Nays-Mayor Brady, Council Members Nagle, Voetberg. MINlITBS SUBMITTED -- Airpurt Commission of 6-15; Five 1'Iags Commission of 7-19; Special Housing Conunission of 7- 7; Housing Conunission of 7-13; Humon Righta Commission of 6-14; Library Board of 7-22, pR:sented and read. Council Member Voetberg moved that the minutes he received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. Municipal Fire and Police Retirement System of Iowa submitting their report for the perind ending June 30, 1992 (Cupyof report on file in the City Clerk's Office for review.), pR:aented and read. Council Member Voetberg moved that the report be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. NOTICES OF CLAlMS/SUlTS -- Roger Bendey in amount of $89.53 for vehicle damages; Debrs K. Curler in amount of $1500.00 for hacked up sewer damages; Mary McAleece Fuhrman in amount of $400.00 for water damages; Tom Hilkin in amount of $1017.59 for property damages; Merle Hunt in unknown amount for backed up sewer damages; Tom & Jndi Keating in amount of $900.00 for hacked up sewer damages; Cindy Meyer in amount of $286.00 for vehicle damages; David & Patricia Pins in amounts of $350.00 and $350.00 for backed up aewer damages; Gmy Redmon in estimated amount of $389.70 for vehicle damages; Dolores Reynolds, in unknown amount for personal injuries, presented and read Council MemberVoetberg moved that the claims and suits be referred to the Legal Staff for investigation and report Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brndy, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution and set public hearing r... 8-16-93 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. Canied by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. An Ordinance Amending Code of Ordinances by reclassifying property located East of Carter Road from R-4 Mulli-Farnily Resideutial district to PUD Planned Unit Development with a PR Planned Residential District designation and approving a Conceptnal Development Plan, first reading only given at meeting of 7-19-93, presented for forther action. Council Memher Kluesner moved that this be considered the second reading of the Ordinance and that it Communications of Corporation Counsel advising the following claims have been referred to Crawford & Company, the agent for the Iowa Cocnmunities Assnrance Pool: Car damage of Glen Bell; Sewer hackup 01 R. J. Conzett; Sewer Backup (2) of Mary Lou HhJert; Sewer hackup of Jim Gross; Sewer backup of Darleoe Hogan; Personal injmy of Peggy Hongh; Truck damage of David 1'. Kluesner; Sewer bockup of John Merkes; Personal injmy of Adella Metcalf; Property damage of Robert and Anita Wild; Sewer backup of Loren Zihlke, presented and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Nicholaon. Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicholaon, Robbins, Voetberg. Nays--None. Communications of Corporation Counsel recommending settlement of following claims and recocnmending Finance Director issue proper checks: Car damage of Boo Averkamp in the amount of $190.50; Car damage of Debra ]ulaon in the amount of $177.02, presented and read. Council Member Voetberg moved that the communications be received and filed and settlements approved. Secooded by Council Member Nicholson. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Vuetherg. Nays--None. Communications of Corporation Counsel recommending denial of following claims: Car damage of Lynn Evans; Car damage of Chris Johnson and Blaine Kemps; Car damage of Maureen Kleiner, presented and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Nicholaon. Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays-Nooe. REFUNDS REQUESTED - Gerald Kirchberg, $253.12 on unexpired Liquor License; Reliable Drugs, $75.00 on unexpired Cigarette License; Sandra Zirkelhach, $422.50 on unexpired Liquor License, presented and read. Council Member Voetberg moved that the refunds be approved and Finance Director to issue proper checks. Seconded by Council Member Nicholson. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. Petition of Michael L. Burke requesting vacation and purchase of property located between 841 and 833 Cleveland, presented and read. Council Member Voetberg moved that the petition be referred to the City 291 Regular Session, August 2, 1993 Manager and Staff. Seconded by Council Member Nicholsun. Corried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. Petition of Guy Lawrence requesting vacation and purchase of property located between W. 17th Slreet North to the alley between W. 17th and Angella St, presented and read. Council Member Voetber¡¡ moved that the petition he referred to City Manager and Staff. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulsoo, Robbins, Voetber¡¡. Nays-None. Petition of Ron Smith requestiog a 180 day extension to provide required secutity for Loras Estates Subdivision and communication of City Manager recommending approval of a request from Ron Smith for a 180 day extension for provision of security bonding for Locas Estates Subdivisiou, presented and read. Council Member Voetberg moved that the petition and communication he received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays-None. RESOLUTION NO, 144-93 RESOLUTION REAFFIRMING THE APPROVAL OF THE FINAL PLAT OF LORAS ESTATES IN THE CITY OF DUBUQUE, IOWA, Wbereas, there was filed with the City Clerk the final plat of Loras Estates in the City of Dubuque, Iowa; and Wbereas, upon asid final plat appeared certain public utility easements which the owners, Ron and Jan Smith, by said final plat have dedicated to the public forever, and Wbereas, upon said final plat appeared a certain private street to be owned by, and maintained to City standards, at the sole expense of the owners, oc their successors as assigned; and Wbereas, said final plat was examined by the Zoning Commission and had its approval endorsed thereon. subject to the owners agreeing to certain conditions set forth in the original approval of said p1a~ and Wbereas, said final plat was examined by the City Council, and the City Council found that it conformed to the statutes and ordinances relating thereto, except that the drive grades had not been establisbed, nor had all driveways been brought to grade and not all of the paving i..talled; and Wbereas, the City Council concurred in the conditions of approval establisbed by the Zoning Commission; and Whereas, the City Council in Resolution No. 336-92, dated October 19, 1992, approved tho final plat of Locas Estates; and Wbereas, the owners were required to secure the conditions of said Resolution by providing security and executing an acceptance within forty-five (45) days of the date of such Resolution; and Wbereas, in Resolution Number 350-92, the City Council reaffirmed its approval of the final plat of Loras Estates and granted the owners an additional seventy-five (75) days in which to execute an acceptance and furnish the security origioally required by Resolution No. 336-92; and Whereas, in Resolution No. 35-93, the City Council reaffirmed its approval of the final plat of Loras Estates and granted the owners an additional one hundred eighty (180) days in which to execute an acceptance and furnish the security originally required by Resolution No. 336-92; and Whereas, the owners have been unable to comply with the conditions of Resolution No. 336-92, Resolution No. 350-92, and Resolution No. 35-93, and now desire the City Council to grant them an additional period of time in which to comply therewith; and Whereas, the City Council finds that the original conditions upon wlúch the approval of the final plat of Locas Estates still exist; and Whereas, the City Council finds that the request for an additional period of time in which to comply with the approval of the final plat is for good cause and should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: Section 1. The final approval of the final plat of Loras Estates, as set forth in Resolution No. 336-92 and reaffirmed in Resolution No. 350-92 and Resolution No. 35-93, is hereby reaffirmed as of the date of said original approval, October 19, 1992. Section 2. Tbe easements for public utilities, sewer, and water, as they appear upon said final plat, be and the same are hereby accepted as of October 19, 1992. Section 3. The approval of the final plat of Loras Estates in the City of Dubuque, Iowa, is bereby reaffirmed, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat as of October 19, 1992, provided the owners of said property herein nsmed execute their Regular Session, August 2, 1993 written acceptsnce hereto attsched agreeing: a. To reduce Justin Lane to grade and to hard-surface the street of Loras Estates with bituminous concrete or with concrete paving, all in accordance with approved pI... on file in the Office of the City Engineer, City of Dubuque, Iowa. b. To install sanitary sewer mains and sewer service laterals into each individnal lot water mains and water service latera1s into esch individnal lot storm sewers and catch basins, and erosion-<:ontrol devices, all in accordance with the City of Dubuque standard specifications and in accordanee with construction improvement plans opproved by the City Engineer and inspected by tho City Engineer. c. To provide perpetual maintenance of all detention areas and erosion- control devices at the sole expense of the owoers, Ron and Jan Smith, or successors as assigned. d. To provide the foregoing construction and maintenance of all aaid improvementa at the sole expense of the owners, Ron and Jan Smith, or their successors as assigned. e. To co..trnct said improvements within one (I) year from the date of adoption of this Resolution by the City of Dubuque, Iowa. f. That sidewalks shall be provided adjoining the street g. That all improvements of said property conform to the conceptual development plan of Loras Estates I PR Planned Residential District or its amendments as approved by the Dubuque City Council by Ordinance 56-92. Section 4. That Ron and Jan Smith, as owners, shall secure the foregoing conditions by providing security in such form and with such surety as may be approved by the City Manager. Section 5. That in the event Ron and Jan Smith, as owners, shall fail to execute the acceptance and furnish the security provided for in Section 4 within one hundred eighty (180) days from the date of this Resolution, the provisions hereof, as well as those of Resolution No. 336-92 and Resolution No. 350-92 and Resolution No. 35-93, shall be null and void and the acceptance of the dedication and approval of the final plat shall not be effective. 292 Puaed, opproved and adupted this 2nd day of August 1993. James E. BOOy Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 244-93 We the undersigned, Ron and Jan Smith, having read the terms and conditions of the Resolution No. 244-93 and being familiar with the conditions thereof, herehy accept this same and agree to the conditions required therein. Dated in Duhuque, Iowa, this day of _.1993. By Ron Smith By Is/- Jan Smith NOT SIGNED AS AS OF 11/25/93 Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayoc Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robhins, Voetberg. Nays--None. Petition of Dubuque Jaycees requesting a pennit foc Fireworks Celebration to be held on July 3, 1994, presented and read. Council Member Voetberg moved that the petition be approved. Seconded by Council Member Nicholson. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays--None. Communication of City Manager requesting approval of Community Development Block Grant agreement with llUD for FY'94, 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 BOOy, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays--None. RESOLUTION NO. 245-93 RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNI1Y DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FISCAL YEAR 1994 293 Regular Session, August 2, 1993 Regular Session, August 2, 1993 294 Whereas, under provisions of Title I of Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and submitted a Statement of Ino:nt on May 24, 1993 for a Community Development Block Oran~ and Whereas, the submission has been approved by the Department of Housing and Urbsu Development in the amount of $1,314,000 f... a twelve month program commencing July I, 1993; and Whereas, a Orant Agreement covering the activities proposed to be carried out with Community Development Block Orant funds has been tendered the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY TIlE C11Y COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Orant Agreement authorized by the U.S. Department of Housing and Urban Development on July 9, 1993, for a Community Development Block Orant to the City of Dubuque in the amount of $1,314,000 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a Community Development Block Orant Agreement identified as Orant Agreement B-93-MC-19- 0004 f... submission to the U.S. Department of Housing and Urban Development Puaed, approved and adopted this 2nd day of August 1993. (REDSTONE) IN AMOUNT OF $28,501.10. DEVEWPMENT BLOCK GRANT PROJECT Whereas, the City of Dubuque, Iowa, provided financial assistance to the Dabuque Historic Improvement Corapany for the restorstion of the Redstone property and the enbancement of its econon1Îc viability for the purpose of creating permanent employment opportunity to ita citizens and to prevent the continued deterioration of a National Register property; and Whereas, the City Council ndopted Resolution No. 3g0-84 approving a loan of $35,000 to the Dubuque Historic Improvement Company for the Redstone Rehabilitation Projec~ and Whereas, Dubuque Historic Improvement Company has requested City approval of cady repayment of its loan; and Whereas, the loan agreement between the City and Dubuque Historic Improvement Company provides for such prepayment upon the City's approval. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Couocil hereby approves the request of the Dubuque llistoric Improvement Company to repay the outstanding balance of $25,501.20 on the Community Development Block Grant loan. Passed, approved and adopted this 2nd day of August, 1993. Whereas, the City of Dubuque on Jwle 25, 1993 completed an euvironmental assessment of the following project to be funded in the Commuluty Development Block Orant: Engineering Data Systems CorporaIion Projec~ and Whereas, pursuant to Resolution No. 224- 93, ndopted July 19, 1993, public uotice of a "Finding of No Significant Effect on the Environment" for the above project was published July 21, 1993, in the Dubuque Teleoranh Herald and provided for a public conunent period until 12:00 noon, Friday, August 6, 1993; and Whereas, public notice of a "Finding of No Significant Effect on the Environment" for the project was sent by regular mail to vadous federal, state and local public agencies and to the local news media, individnals 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 proposal have been duly considered; and Wbereas, 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 carty out the above identified project NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: Section 1. Thst the environmental review record for the project shall continue to remain on file in the Office of the City Clerk where said record may be examiued 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 project Section 3. That the Mayor of the City of Dubuque is bereby authorized to consent to asswne the ststus of a responsible federal I official under the National Environmental Protection Act insofar as the provisions of the said Act apply to the U.S. Department of Housing und Urban Development responsi- bilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is bereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the James E. Brady Mayor James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicbulson. Canied by the following vote: Yeas-May... BOOy, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetherg. Nays--None. Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicbulson. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. Communication of City Mannger recommending approval of early repayment of funds loaned to Redstone, presented and rend. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays--None. Communicatiou of City Manager requesting authorization to publish uotice on release of funds for a Community Development project, 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, Nicbulson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 246-93 RESOLUTION APPROVING TIlE EARLY REPAYMENT OF COMMUNI1Y DEVELOPMENT BLOCK GRANT FUNDS LOANED TO TIlE DUBUQUE mSTORIC IMPROVEMENT COMPANY RESOLUTION NO.247-93 RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR RELEASE OF FUNDS FOR CERTAIN COMMUNITY I jurisdiction of the fedeI1Ù COUtU if an action is bronght to enforce respolmibilities. in relation to environmental review, decisIOn making, and action. Section ~. Thst die Mayor of the City of Dubuque be and he is hereby autiunized sn" directed to cxecute a certification pertaining to the environmental review procedures. Section 6. That the City Clerk he and she is hereby suthorized and directed to publish a public notice for s Request for Release of Funds and Cenification attacbed hereto and made a part herecf. Passed, opproved and adopted this 2nd day of August 1993. Attest: Mary A. Davis City Clerk James E. BOOy Mayor Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays--None. Communication of City Manager submitting a status report on vacant bnildings in the City. (Complete report on file in City Clerk's Office and may be viewed during normal business hotD'S), presented and read. Council Memher Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicbulsou. Robbins, Voetberg. Nays-None. Communication of City Managcr requesting authorization to sign a license for underground pipelines, cable and conduit:¡ relating to conslrUction of a water main beoeath Cbicago, Central and Pacific Rail Road Company, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicbolson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-Noue. RESOLUTION 24g.93 RESOLUTION AUTHORIZING THE CI1Y MANAGER TO SIGN LICENSE FOR UNDER-GROUND PIPELINES. CABLE AND CONDUITS RELATING TO CONSTRUCTION OF A WATER Attest: Mary A. Davis City Clerk 296 ~~~.--,,-,.,-~ -- .. ---- .. 295 Regular Session, August 2, 1993 MAIN BENEATH CHICAGO, CENTRAL AND PACIFIC RAILROAD COMPANY Whereas, the City of Dubuque will be eonstrueling a 16" water main oIong the Northwest Alterial; and Whereas, the water main must be placed beneath a nil line owned by the Chicago, Central and Pacific Railroad Company; and Wbereas, said railroad company has prepared a Ucense Application for outlining the conditions of such a construction effort NOW THEREFORE, BE IT RESOL YBD BY THE C11Y COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Ucense Application with the Chicago, Central and Pacific Railroad Company be opproved. Section 2. That the City Manager be authorized and directed to execute three copies of this agreement and forward the executed copies to the Chicago, Central and Pacific Railroad Company for their approval. Passed, opproved and adopted this 2nd day of August 1993. James B. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. Communication of City Manager submitting Supplement HI4 to the City Code of Oniinances, 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, Nicbulson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 249-93 ADOPTING SUPPLEMENT NO. 14 TO THE CODE OF ORDINANCES OF THE CI1Y OF DUBUQUE, IOWA Wbereas, under date ofluly 17, 1989, the City Council, pursuant to Oniinance No. 34- 89, readopted the Code of Ordiuances of the City of Dubuque, Iowa for ordinances adopted up to and including December 19, 1988; and ' Regular Session, August 2, 1993 .,' I .' ,1' A ed "I" ./ . ,/ ,.1 1994 pprov ".. ..,. - . .:/~ (f i/ Adopted (I.t..", ' . 1994. //~ / /1 <J:__><... (,' C". ,j . I lMayor/ -~. ,(~./'/ .-t.~ ./¿-(..v.\::~"~/IA.. Wbereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has ndopted certain ordinances amending the Code of Ordinances and said arnendments have been plinted as supplements to the Code of Ordinances; and Wbereas, Section 3&0.& of the Code of Ordinances provides that supplements, by resolution, beenme part of the Code of Ordinances. NOW THEREFORE, BE IT RESOL YBD BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That Supplement No. 14 of the Code of Oniinances of the City of Dubuque, Iowa, covering Ordinances through Ordiuance No. 13-93 enacted through MlUCh 15, 1993 and prepared by the Municipal Code Corporation, Tallahassee, Florida, hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and beenmes part of the Code of Ordinances of the City of Dubuque, Iowa, Passed, opproved and adopted this 2nd day of August, 1993. James E. Brady Mayor Council Members Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicbulson. Canied by the followiog vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. Attest: .0 /Î'ti..¡d./ "<~>£"c, /7 City Clerk ! . Communication of City Martager submitting Quarterly Invesbnent report for period euding June 30, 1993, 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 Brndy, Cooncil Members Kluesner, Krieg, Nagle, Nicholson, Robbios, Voetberg. Nays-None. There being no forther business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member Nagle. Canied by the followiug vote: Yeas-Mayor Brady. Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Meeting adjourned at 10:17 p.m. Mary A. Davis CMC City Clerk ~ Regular Session, August 16, 1993 298 special Session, August 9, 1993 Approved IL.".} ,1994. )' Adopted /. ) . ~.. , 1"// /,;¿. [£ 297 Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays-None. DUBUQUE DUBUQUE CITY COUNCIL CITY COUNCIL An Ordinance amending Zoning Ordinance by reclassifying property located East of Carter Road from R-4 Multi-Family Residential District to PUD Planned Unit Development with a PR Planned Residential District designation and approving a Conceptual Development Plan, with first reading ouIy given at meeting of 7-19-93 and second reading given at 8-2-93, presented f... final action. OFFICIAL PROCEEDINGS OFFICIAL PROCEEDINGS Regular Session, AnguS! 16, 1993 Council met at 7;30 o'clock p.m., Public Library Anditudum Present: Mayo< BOOy, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg, City Manager Michael C. Van MilIigen, Cocporstion Counsel Bony A. Lindnbl. Special Session, Angust 9, 1993 Council Met At 7:30 p.m., Conference Room "B", City Hall Present: May... Brady, Council Members Kluesner, Krieg, Nngle, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligeu, Assistant City Attorney James O'Brien, (OFFICIAL PUBLICATION) ORDINANCE NO. 45-93 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CI1Y OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED EAST OF CARTER ROAD FROM R-4 MULTI- FAMILY RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND APPROVING A CONCEPTUAL DEVEWPMENT PLAN. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUB,IOWA: Section 1. That in order to accomplish the purpose of the PR Planned Residential District of the Zoning Ordinance of the City ofDubuque,lowa, the luning reclassification from R-4 Multi-Family Residential District to PUD Planned Unit Development with a PR Planned Residential designation and conceptual development plan, a copy of which is attached to and made a psrt hereof, is hereby adopted and approved for the following described property, to wit: Lot A of St Mary's Place and Lot 2 of St Mary's Place No.3 except for the northerly 144 feet thereof, and to the center line of the adjoining public right- of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the PR Planned Residential District designation 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: Mayor Brndy read the call and stated this is the Regular Session of the City Council called for the purpose to act open such business which may properly come before the Council. Mayor Brady read the call and stated this is a Special Session of the City Council called for the purpose to go into Closed Session, in accordance with Chapter 2\.5 I (i) of the 1993 Code of Iowa to evaluate the professional competency of the City Manager whose performance is being considered and who has requested a Closed Session. Council Members Invocation was given by Rev. Stephen Bibb, Pasto< of Faith United Methodist Chnrch. Attest: /."! ,.j ,(' .:... CIty Clcrk PROCLAMATIONS Month of September as "Architecture Month" received by Rick Chaves and a Proclamation Expressiog appreciation to volunteers for the RAGBRAI event received by Tom Bechen. DRA spokesperson Bruce Wentworth and Joe Zwack of GDREC presented the City with a check in the amount of $8200.00. 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, Nicbulson, Robbins, Voetberg. Nays--None. At: 7:35 p.m. Council Member Voetberg moved to go into Oosed Session in accordance with Chapter 21.5 l(i) of the 1993 State Code of Iowa for the purpose to evsluate the professional competency of the City Mannger who performance is being considered and who has reqnested a Closed Session. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbe¡g. Nays-None. Council reconvened in Regular Session at 9;37 p.m. Thc Mayor announced that thc evsluation had been completed and the City Clerk was directed to place the subject matter of "Discussion of sslary adjustment for the City Manager" on the Council Meeting agenda for August 16, 1993. Proof of Publication oerdfied to by the Publisher on notice of Public Hearing to consider rezoning property located East of Carter Road from R-4 to PR District, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing, Ken Buesing of 3U5 Spring Valley Rd. and Attorney Wm. Conzett representing Tom Leibuld all spoke cladfying concerns of Council and requesting approval of Council. Council Member Kluesner moved that the proof of pnblication be received and filed. Seconded by Conncil Member Nicholson. There being no forther business, Council Member Voetberg moved to ndjoum. Seconded by Council Member Nagle. Carried by the following vote; Yeas-Mayor Brady, Conncil Members Kluesner. Krieg, Nagle, Nicbulson, Robbins, Voctberg. Nays-None. Meeting adjourned at 9:39 p.m. Mary A. Davis CMC City Clerk Attest: Mary A. Davis City Clerk 299 Regular Session, August 16, 1993 300 1) Principal permitted uses shall be I limited to 16 condominium units in 4 buildings. 2) No secondary ... ccntingency uses shall be permitted. 3) Accessory uses shall include any use customsrily incidentsl and subocdinate to the priocipal use it serves. B. Lot and Bulk Regulations. Developroent of land in the PR Planned Residential District shall be regulated as follows: 1) All building structures and activities shall be located in conformsnce with the attached ccnceptual development plan and all final site development plans are to be approved in accordance with provisions of the PR Planned Residential District regulations. A central mail ccllection box shall be located at the interior of the circular drive, as approved by the U.S. Postsl Service. 2) All buildings and structures shall provide a front yard setback, a side yard setback from the adjoining properties, and a rear yard setback as per the ccnceptnal development plan. 3) A masimum building height of 30 feet shall be allowed. 4) All other bulk regulations of the R-4 Multi-Family District shall be met for ccnstruction of all buildings and structures, as establisbed 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 ccnformsnce with the following standards of Section 3-5.4 of the Zoning Ordinance of the City of Dubuque, Iowa, as follows: I) The phasing of the development shall occur in four phases. The construction of the first structure will require a temporary turnaround to be constructed. Completion of the second structure will require ccnstruction of the remaining roadway. All site improvements are 10 be completed for each phase. 2) The private street, 24 feet in width, and required parking spaces shall be hard surfaced and ccnstructed by the developer. Restrictive ccvenants shall be established for msintenance of the street and ccmmon areas and submitted with the final plat 3) Lighting shall be provided per City standards. 4) Landscaping shall be provided in ccmpliance with Section 4.4 of the Zoning Ordinance and as stipulated in the conceptual developroent plan. Final site development plans must indicate exact location and type of species to be instalied. Additional IreeS Regular Session, August 16, 1993 shall be planted adjoining Carter Road to screen the buildings. 5) Two off-street parking spaces per dwelling unit shall be provided for the developroent. 6) All utilities including telephone and cable television shall be installed underground. 7) Internal sidewalks shall be provided as per the ccnceptual development plan, with extension of the internal sidewalk on the southwest corner of the lot to be extended forther to the north to the first driveway. 8) A final site development plan shall be submitted in accordance with Section 4-4 of the Zoning OJdinance of the City of Dubuque, Iowa prior 10 each construction phase as described on the attached ccnceptual development plan. No forther 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 development shall be 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. Sign Regulations. The sign regulations shall be the same as that which are allowed in R-4 MuJd-Fatnily Residential District as established in Section 4-3.11 Schedule of Sign Regulations of the Zoning Oniinance 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 ccnditions authorizing the establishment of the district. Section 3. That the foregoing has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication. Passed, approved and adopted this 16th day of August 1993. ACCEPTANCE OF ORDINANCE NO. 45-93 I, Tom Leibold, of Leifive Partnership, having read the terms and conditions of the foregoing Ordinance No. 45-93 and being familiar with the conditions therecf, hereby accept this saroe and agree to the conditions required therein. Dated in Dubuque, Iowa this 17th day of August 1993. By Isl Tom Leibuld Leifive Partnership Published officially in the Tekgraph Herald newspaper this 23rd day of AugUSt 1993. Passed, ndopted and approved this 16th day of August 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Naglr. Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg. Nagle, Nicholson, Robbins, Vcetberg. Nays--None. Mary A. Davis CMC City Clerk Proof of Publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids for project and communication of City Manager recommending to award contract for project presented and read. Council Member Kluesner moved that the procf of publication and communication be received and filed. Seccnded by Council Member Nagle. Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. It g123 Council Member Kluesner moved final adoption of the Ordinanoe. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Hearing on Plans and Specifications for the Park and Recreation Department Chain Link Fence Project presented and read. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO.251-93 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the City of Dubuque Park & Recreation Department Chain Link Fence Project pursuant to Resolution No. 222-93 and notice to hidders published in a newspaper published in the City of Dubuque, Iowa on the 29th day of July, 1993. Whereas. said sealed proposals were opened and read on the 5th day of July, 1993 and it has been determined that the bid of D & N Fence Company, Inc. of Cedar Rapids, Iowa in the amount of $20,102.25 was the lowest bid for the furnishings of all labur and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: That the contract for the above improvement be awarded to D & N Fence Company, Inc. 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. RESOLUTION NO. 250-93 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Wberens, on the 14th day of July, 1993, plans, specifications, form of contract and eslimated ccst were filed with the City Clerk of Dubuque, Iowa for the Park and Recreation Department Chain Link Fence Project Wbereas, notice of hearing on plans. specificatio.., form of ccntract and eslimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUB,IOWA: That the said plans, specifications, form of contract and estimated ccst are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project James E. Brady Mayor 301 Regular Session, August 16, 1993 BE IT FURTHER RESOLVED: That upon the signing of aaid contract and the approval of the conlractoc's bund, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Puaed, opproved and adopted this 16th day of August 1993. James E. Brady Mayor 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, Nicbulson, Robbins, Voetherg. Nays-None. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider disposing of City's iuterest in an utility easement in Cedar Lake East 2nd Addition & Cedar Lake Addition, and communication of City Manager recommending approval to dispose of utility easement presented and read. There were no written objections and no oral objectors present at the time of the Hearing. Jeff Hansel requested approval. Council Member Nagle moved that the proof of publication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 252-93 RESOLUTION DISPOSING OF CITY INTEREST IN UTILITY EASEMENT IN CEDAR LAKE EAST SECOND ADDITION & CEDAR LAKE ADDITION Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 6th days of August 1993, the City Council of the City of Dubuque, Iowa met on the 16th day of Angust 1993 at 7:30 p.m. in the Public Library Anditorium, 11th & locust Dubuque, Dubuque County ,Iowa to consider the proposal for the vacating and release of real estate in Block 8 of Cedar Lake Addition and Block 2 of Cedar Lake Second East Addition described on the attached Exhibit "A". Wbereas, the City Council, of the City of Dubuque, Iowa overruled any all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property in Block 8 of Cedar Lake Addition and Block 2 of Cedar Lake Secoud Bast Addition described on Exhibit "A" attached hereto in the City of Dubuque, Iowa be and the same is hereby approved f... the cost of publication and filing feels. Section 2. That the Mayor be authorized and directed to execute a Release of Basement, and the City Clerk be and is hereby authorized and directed to deliver to said Release to Hansel Builders, Inc. upon receipt of the above fees. Section 3. That the City Clerk be and is hereby authorized aud directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed, approved and adopted this 16th day of August, 1993. James B. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg. Nagle, Nicholson, Robbins, Voetbe¡g. Nays-None. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider vacating and disposing of a vacated alley between Peru Road and Excelsior Slreet located South of Walker Street, and communication of City Manager recommending approval to dispose of City's interest in alley, presented and read. Council Member Nagle moved that the proof of publication and communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle. Nicholson, Robbins, Voetbe¡g. Nays-None. An Ordinance vacating an alley between Peru Road and Excelsior Slreet South of Walker Slreet, aaid Ordinance having been presented and read at the Council Meeting of 8-2-93, presented for final action. Regular Session, August 16, 1993 302 (OFFICIAL PUBLICATION) in the City of Dubuque, Iowa on the 6th day ORDINANCE NO, 46-93 of Angust 1993, the City Council of the ORDINANCE VACATING AN City of Dubuque, Iowa met on the 16th day ALLEY BETWEEN PERU ROAD of August 1993, at 7:30 p.m. in the Public AND EXCELSIOR STREET Libtary Anditorium, 11th and Locust SOUTH. OF WALKER STREET Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 642A in North Dubuque Addition in the City of Dubuque, Iowa to Hawk Developers; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral ... written, to the prupcsal to dispose of interest of the City of Dubuque, Iowa in the hereinabove described real estate to Hawk Developers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot 642A in North Dubuque Addition in the City of Dubuque, Iowa to Hawk Developers, be and the same is hereby approved for the sum of $600.00 plus publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver asid deed of conveyance to the above named grantee upon receipt of the pun:hase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed, approved and adopted this 16th day of August 1993. James B. Brndy Mayor Wbereas, Hawk Developers has requested the vacating of an alley between Peru Road and Excelsior SIree~ and Whereas, Buesing & Associates, Dubuque, Iowa, has prepared and submitted to the City Council a plat showing the vacated alley and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 642A in Nocth Dubuque Addition in the City of Dubuque, Dubuque County, Iowa; and Wbereas, the City Council of the City of Dubuque, Iowa has determined that this alley is no longer requited for public use, and vacating of said alley known as Lot 642A in North Dubuque Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 642A in North Dubuque Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, opproved and ndopted this 16th day of August 1993. James B. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Tekgraph Herald newspaper this 23rd day November, 1993. Mary A. Davis CMC It 8123 City Clerk Council Member Nagle moved final adoption of the Ordiuance. Seconded by Council Member Nicholson. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. RESOLUTION NO. 253-93 RESOLUTION APPROVING TIlE DISPOSAL AND SALE OF A VACATED ALLEY BETWEEN PERU ROAD AND EXCELSIOR STREET SOUTH OF WALKER STREET Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published 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, Robbins, Voetberg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider vacating and disposing of a portion of Kelly's Bluff at its easterly terminus and communication of City Manager recommending to vacate and dispose of a portion of Kelly's Bluff, presented and read. There were no written objections received and no oral objectors present at the time of 303 Regular Session, August 16, 1993 Regular Session, August 16, 1993 304 the Hearing. Council Member Krieg moved that the proof and communication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brndy, Council Members Kluesner, Krieg, Nicholson, Rohbins, Voetberg. Nays-None. Abstain--Council Member Nagle. An Ordinance Vacating a portion of Kelly's Bluff at its eastedy terminus, aaid Ordinance having been presented and rend at the Council Meeting of 8-2-93, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 41-93 ORDINANCE VACATING A PORTION OF KELLY'S BLUFF AT ITS EASTERLY TERMINUS Whereas, Jeff Nagle has requested the vacating of a pordon of Kelly's Bluff at it's easterly terminus; and Whereas, JIW Engineera & Surveyors, P.C. of Dubuque, Iowa, has prepared and submitted to the City Council a plat sbuwing the vacated portion of Kelly's Bluff and assigned lot numbers thereof, which hereinafter shall be known and described as Lot I of A in Kelly's Bluff No.2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this pordon of Kelly's Bluffis no longer required for public use, and vacating of said pordon of Kelly's Bluff known as Lot I of A in Kelly's Bluff No.2 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the real estate described as Lot I of A in Kelly's Bluff No.2 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and ndopted this 16th day of August, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of August, 1993. Mary A. Davis CMC It 8123 City Clerk Council Member Krieg moved final adoption of the Ordinance. Seconded by Council Member Robbins. Canied by the following vote: Yeas-May... Brady, Council Members Kloesner, Krieg, Nicbulson, Robbins, Voetberg. Nays--None. Abstain--Council Member Nagle. vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays-None. Ahotainn Council Member Nagle. RESOLUTION NO. 254-93 RESOLUTION APPROVING THE DISPOSAL AND SALE OF LOT I OF A IN KELI.Y'S BLUFF NO.2 BOARDS AND COMMISSIONS HOUSING COMMISSION: Three three-year terms which will expire 8-11-96 (TermsofR. Fisch, A. Michalski, P. Stenlond). Applicants: Rev. Stephen J. Bibb, Ann E. Michalski, Paul E. Newman, Timothy J. Puis, Paula M. Stenlund Ann Michalski and Rev. Bibb spoke on their own behalf. Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 6th day of Angust, 1993, the City Council of the City of Dubuque, Iowa met on the 16th day of Angust, 1993, at 1:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuquc, Dubuque County . Iowa to consider the proposal for the sale of real estate described as: Lot I of A in Kelly's Bluff No.2 in the City of Dubuque, Iowa to Nagle Publications; and Whereas, the City Council of the City of Dubuque, Iowa ovetruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the hereinabove described rcal estate to Nagle Publications. NOW, THEREFORE, BE rr RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot I of A in Kelly's Bluff No.2 in the City of Dubuque, Iowa to Nagle Publications, be and the same is hereby approved for the sum of $1.00 and other good and valuahle consideration, plus the cost of publication and filing fees. Conveyance shall be by quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above named grantee upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a cerdfied copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed. approved and udopted this 16th day of August, 1993. Mayor Brady voted for Michalski, Newman, and Steulund. Council Member Kluesner voted for Bibb, Michalski, and Stenlund. Council Member Krieg voted for Michalski, Puts, and Stenlund. Council Member Nagle voted for Bibb, Michalski, Newman. Council Member Nicholson voted for Michalski, Newman, and Stenlund. Council Member Robbins voted for Bibb, Michalski, and Newman. Council Member Voetberg voted for Michalski, Puts, and Stenlund. Therefoce, Ann Michalski and Paula Stenlund reappointed and Paul Newman appointed to the Housing Comnússion for three year terms which will expire 8-17-96. TRANSIT BOARD OF TRUSTEES Three three-year terms which will expire 1-30-96 (Terms of G. Enderson, W. Hilvers, and M. Sand) Applicants: Michael W. Sand. Council Member Kluesner moved that Michael W. Sand be appointed to the Transit Board of Trustees for a three year term which will expire 1-30-96. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Rohhins, Voetberg. Nays--None. Petitions of Ed McDermott Loren & Chcri Zihlke, Jim & Lois Conzett, Darlene Hogan and Mary Ehlert, requesting to uddress the Couucil regarding denial of their sewer hackup claims on Kensington PI., presented and read. Ed McDermott 3273 Kensington PI., Mary Ehlert 3218 Kensington PI., Jim Conzett 3214 Kensington PI., Darlene Hogan, 3211 Kensington PI., Cheri Zihlke, 3266 Kensington PI., all spoke requesting City action to eliminate this recordug situation and some help regarding the claims. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following Council Member Kluesner moved that the petitions be received and filed and forther directed Staff to come back in six months or less and share possible solutions. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brndy, Council Members Kluesner, Krieg, Naglc, Nicbulson, Robbins, Voetberg. Nays--Nooe. Council recessed at 9:24 p.m.; Council reconvened at 9:41 p.m. Communication of City Manager recommending the City Council concor in the formation of a multidisciplinary team for prevention of gang andlor drag problems in oor community and requesting the designation of a Council Member to participate on that team, presented and read. Council Member Rohhins moved that the communication be received and filed and concurred with Manager to form a team and forther stated that Council Members Voetberg and Nagle would serve on the team. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager submitting a report and information on the Neighborhood Reinvestment Program, presented and read. Council Member Robbins 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, Robbins, Voetberg. Nays-None. Communication of City Manager requesting City Council to mske a request to Goveruor Branstad to lift the betting and loss limits on the Dubuque Riverbost for same petiod these limits are lifted for any other Iowa Riverbost, presented and read. Attorney Joseph Zwack and Bruce Wentworth spoke concordng with the Manager's request. Council Member Voetberg moved that the communication be received and filed and request approved. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-Noue. Communication of City Manager submitting an ordinance providing for modification of Highway #61 Traffic, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetbe¡g. Carried by the following vote: Yeas-Mayor Brndy, Council Members 305 Regular Session, August 16, 1993 Kluesner, Krieg, Nagle, Nicbolson, Robbins, Voetberg. Nays--None. Am Ordinance Amending Code of Ordinances by modifying Suhaection (b) of Section 32-214 therecf providing for the addition of stop signs at 4th & White Slreets, presented and read. retirement benefit from 55000 to $5500 with review 10 be January 1st for next scheduled salary adjustment. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. An Ordioance Amending Section 36-4 by adopting in lieu thereof a new Section 36-4 providing for a Long Range Planning Conunission and the composition therecf, said first reading given on 7-19-93 and second reading given on 8-2-93, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 48-93 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTlON(b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS AT FOURTH STREET AND WIDTE STREET NOW, TIlEREFORE, 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 adding Foorth Street to Subsection (b) of Section 32-214 thereof as follows: "Sec. 32-214. Stop Intersections. (¡;¡-- (OFFICIAL PUBLICATION) ORDINANCE NO, 49-93 AN ORDINANCE AMENDING SECTION 364 OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 36-4, PROVIDING .'OR A LONG RANGE PLANNING COMMISSION AND THE COMPOSITION THEREOF AND BY ADOPTING IN LIEU THEREOF A NEW SECTION 364 PROVIDING FOR A LONG RANGE PLANNING COMMISSION AND THE COMPOSITION THEREOF NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 36-4 of the City of Dubuque Code of Ordinances is hereby repealed and the following new Section 36-4 is hereby adopted: "Sec. 36-4. Long-range planning commission created: composition. There is hereby created a city long range planning commission, which shall consist of nine (9) members including a member of the city council designated by the city council, a member of the zoning commission designated by the zoning commission and seven (7) residents of the city appointed by the city council who sball be quallfied by their knowledge, experience and ability to contribute to the city's long range planning and development efforts. The city council shall annually designate a council member to serve as an alternate in the absence of the council's designated representative and the zoning commission shall annually designate a commission member 10 serve as an alternate in the absence of the commission's designated representative. " Eastbuund Foorth Street and White Street." Passed, approved and adopted this 16th day of August, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Tekgraph Herald newspaper this 19th day of August, 1993. It 8/19 Mary A. Davis CMC City Clerk Council Member Klucsner moved that this be considered the first reading of the Ordinance, and that the requirement that a prupcsed Ordinance be considered and voted on for passnge at two Council meetings prior to the meeting at wbich it is to be finally adopted be suspended and forther moved final ndoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays--None. Council discussion on salary adjustment for the City Manager: Council Member Kluesner moved that it be resolved to increase the Manager's salary from 570,000 to 575,000 effective 7-1-93 and the Regular Session, August 16, 1993 306 Section 2. This ocdinance shall not affect the terms of any current members of the Commission appointed prior to the effective date of this ordinance. Section 3. This ocdinance shall take effect open publication. Puaed, approved and adopted this 16th day of August 1993. James B. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Tekgraph Herald newspaper this 2300 day of August 1993. Mary A. Davis CMC It g123 City Clerk Council Member Voetberg moved fmal adoption of the Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Council Members Kluesner, Krieg. Nagle, Robbins, Voetberg. Nays-Mayor Brady, Council Member Nicholson. Communication of City Manager recommending acceptance of 1992 P.C. Concrete Paving Project, preseoted and read. Council Member Kluesner 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, Nicbulson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 255-93 ACCEPTING IMPROVEMENT Whereas, the contract fit< the 1992 P.C. Concrete Paving Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the COnlract plans and specificatio.. and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: Section 1. That the recommendation of the City Manager be approved and that asid improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Road Use Tax Fund and the Iowa Local Option Sales Tax Fund in amount eqnal to the amount of his contract, less any retained percentage provided roc therein. Passed, opproved and adopted this 16th day of August 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicbulson. Canied by the following vote: Yeas-Mayor Brady, Council Members Klueaner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. RESOLUTION NO. 2S4í-93 FINAL ESTIMATE Whereas, the conlract f... the 1992 P.C. Concrete Paving Project has been completed and the City Engineer has submitted his final estimate showing the cost therecf including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the cost of said improvement is hereby determined to be 51,321,400.42 and the said amount shall be paid from the Road Use Tax Fund and the Iowa LoeaJ Option Sales Tax Fund of the City of Dubuque, Iowa. Section 2. That 5189,739.47 of the cost thereof shall be assessable upon private property and 51,131,660.95 shall be paid from the Road Use Tax Fund and the Iowa LoeaJ Option Sales Tax Fund. Passed, approved and adopted this 16th day of August 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicholson. Canied by the following vote: Yeas-Mayor Brady. Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays--None. RESOLUTION NO. 257-93 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR 1992 P.C, CONCRE'rE PAVING PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL 307 Regular Session, August 16, 1993 INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, TIlE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING TIlE CLERK TO CERTIFY TIlE FINAL SCHEDULE AND TO PUBLISH NOTICE mEREOF, NOW TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That after full consideration of the final scbedule of assessments and accompanying plat showing the assessments proposed to be made for the conSlrUCtion of the 1992 P.C. CO""""" Paving Project under contract with Tschiggfrie Excavating of Dabuque, Iowa, which final plat and scbedule were filed in the office of the City Clerk on the 11th day of Angust that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax agai..t and upon each of the lots, the respective sums indicated. Provided, forther, that the amounts shown iu said finul schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefitted by the improvements as shown in the schedule, subject to the provisions of Section 384.63, Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits cotJÍerted and not in excess of twenty-five percent of the value of same. Assessments of $50.00 or more are payable in 10 equal annnal installments, with interest on the unpaid balance, all as provided in Section 384.65, Code of Iowa. Conditional deficiency assessments. if any, may be levied against the applicable property for the same perind of years as the assessments are made payshle. Assessments may be paid in full orin part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final plat and schedule of assessments with the County Treasurer. Uuless asid assessments are paid in full within said thirty day period all unpaid assessments will draw annnal interest computed at 9 percent (commencing on the date of acceptance of the work) computed to the December 1st next following the due dates of the respective installments. Bach installment will be delinquent on September 30th following its due date on July 1st in each year. Pmperty owners may elect to pay any annnal installment semiannually in advance. That the City Clerk be and is hcreby directed to certify said schedule to the County Treasurer of Dubuque County,lowa, and '" publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. The City Clerk shall also send by certified mail to property owners whose property is subject to assessment a copy of aaid notice, and msiling to be on or before the date of the second publication of the notice, all as provided and directed by Section 384.60 of the C9de of Iowa. Puaed, opproved and adopted this 16th day of August 1993. James E. BOOy Mayor Attest: Mary A. Davis City Clerk CITY OF DUBUQUE,IOWA SCHEDULE OF FINAL ASSESSMENTS CITY OF DUBUQUE 1992 P.C. CONCRETE PAVING PROJECT AS SHOWN ON ATTACHED SHEETS NO. 1-10 INCLUSIVE CITY OF DUBUQUE, IOWA SCHEDULE OF FINAL ASSESSMENTS ALTURA DRIVE - MESA DRIVE TO NORTH GRANDVlEW AVENUE OWNER LOT DESCRIPTION VALUATION WITH IMPROVE. TOTAL NET ASSESS. Marycrest Sub. Blk 6 Naumsnn, Cletus & Jeannette Banck, Margaret M. Lot I $79,788.47 $ 908.47 Lot 2 $59,358.18 $1,428.18 Lot 3 $58,257.92 $1,477.92 Lot 4 $51,667.92 $1,477.92 Lot 5 $64,317.92 $\,477.92 Lot 6 $58,937.92 $1,477.92 Kubick, Joe Barton, Paul & Helen WiIZbach, Robert & Jeannette Hennes, Harold & Margaret Regular Session, August 16, 1993 Munn, David & Linda Lot 7 $56,497.92 $1,477.92 Martin, Robert & Delores Lot 8 $55,487.92 $1,477.92 Feipel, David & Doris Lot 9 $59,227.92 $1,477.92 Walker, Mary Sandrs Lot 10 $61,007.92 $1,477.92 Mills, Jeannette Lot 11 $54,797.92 $1,477.92 Fox, Donna Lot 12 $66,528.93 $I,47g.93 Capesius, Made Lot 13 $56,613.44 $1,553.44 Bracewell, Richard & Gerry Lot 14 $54,161.77 $1,791.77 Marycrest Sub. Blk g Eagan, Kathleen Lewis, Gary & Carel Lot I $64,725.71 $ 775.71 Lot 2 $63,792.35 $1,412.35 Lot 3 $61,167.92 $1,477.92 Lot 4 $53,327.92 $1,477.92 LotS $56,967.92 $1,477.92 Lot 6 $63,945.69 $1,435.69 Lot 7 $75,420.15 $1,520.15 Lot 8 $61,197.92 $1,477.92 Lot 9 $65,377.92 $1,477.92 Lot 10 $57,327.92 $1,477.92 Lot 11 $56,447.92 $1,477.92 Lot 12 $65,655.92 $1,585.92 Dunn, Chades & Norma Kall, Ben & Ethel Steffan, Ralph & Florence Stockwell, Dean A. Shanshan, John & Chadotte Arthofer, Charles & Joyce Lewis, Robert & Mary Schmitt, Cletus Russell, Royce & Blaine Nicks, John & Betty 308 Jewett, James & Barbara Lot 13 $58,867.73 $1,707.73 Lot 14 $57,246.64 $1,836.64 $41,081.70 FINAL QUANTITIES ALTURA DRIVE Kubitz, Gregory & Deborah QUANTI1Y UNIT ITEM UNIT COST TOTAL 4230.00 C.Y. EXCAVATION, UNCLASSIFIED $ 5.65 $23,899.50 REMOVAL OF CONCRETE PAVEMENT S.Y. W/(.'URB INC. ASPII. OVERl.A Y $ 3.35 $11,978.60 REMOVAL OF CONCRETE PAVEMENT S.Y. W/CURB $ 2.65 $ 106.00 EACH REMOVAL OF INTAKES $ 210.00 $ 1,050.00 EACH REMOVAL OF MANHOLE $ 210.00 $ 210.00 PC CONCRETE PAVEMENT, CLASS "C" S.Y. 7" W/INTEGRAL CURB $ 21.60 $77,571.65 GRANULAR SUBBASE $ 7.40 $11,607.05 3" CRUSHED STONE BASE $ 5.85 $29,948.37 LIMESTONE BACKFILl. $ 4.50 $ 806.85 3575.70 40.00 S.Y. 5.00 1.00 3591.28 1568.52 TON 5119.38 TON 179.30 TON Regular Session, August 16, 1993 Regular Session, August 16, 1993 310 7.00 EACH INTAKE, LESS SALES TAX $123,245.10 GREEN, CLARENCE & L.F. CURB & SINGLE, LESS WAmRASSESSMENT LORRAINE G1JITBR, IOI-B NIIT STREET ASSESSMENT$ 41,081.70 E. BAL. LOT I3W. REMOVE & $ 900.00 E70.03 Lot 12 RBPL. $ 6,300.00 OWNER LOT DESCRIPTION HOFFMANN, EMIL & $ 16.00 EACH CONCREm v AI.UAlTON WITH IMPROVE. BETTY LOT 14$69,059.46 $ 211.20 2.00 MANHOLE TOTAL NET ASSESS. $2.069.46 S.F. PCC BASE SIDEWALK, $ 235.00 CERRO DRIVE - MESA DRIVE TO MARYCREST SUBDIVISION 4" REMOVE $ 470.00 NORTH GRANDVIEW AVENUE BLOCK 10 & REPL. L.F. CONCREm MARYCREST SUBDIVISION BLK 9 METCALF, MICHAEL M. LOT 14 $ 2.05 6.50 MANHOLE $64,434.61 $ 9.088.33 SIDEWALL STREIT, JOSEPH & $1,924.61 S.F. PCC $ 82.00 BARBARA LOTI SCIILARMAN, JEROME & SIDEWALK, $ 533.00 $61,472.89 RITA LOT 13$58,055.30 6" REMOVE g7.50 L.F. . SAWCUT, $ 872.89 $1,605.30 & REPL. ASPHALT LYSHOJ, GLENN LOT 2 ERNZEN, FLORENCE LOT 12 $ 2.60 $ 1.75 $61,866.27 $56,071.30 $ 3,957.20 $ 153.13 $1,456.27 $1,511.30 S.F. PCC L.F. SAWCUT, HANSEN, RAYMOND & PALEN, LOUIS & JOAN LOT 11 DRIVEWAY, 179.10 CONCREm ANNA MAE LOT 3 $55,075,70 6" REMOVE $ 3.00 $67,927.34 $1.575.70 & REPL. $ 537.30 $1,517.34 WALSH, WILLIAM & $ 27.10 .22 L.S. TRAFFIC SCHWARlZ, DEAN & JANE LOT 4 RUTH LOT 10 $ 5,460.38 CONTROL $60,277.34 $56,654.03 EACH ADJUSTMENT $23,655.00 $1,517.34 $1,554.03 OF FIXTURES $ 5,204.10 MEYER, CLARENCE & HERRIG, EDMUND & $ 110.00 S.Y. SODDING BERNICE LOT 5 MADONNA $ 880.00 663.00 $ 5.00 $64,997.34 LOT 9 EACH MANHOLE - $ 3,315.00 $1,517.34 $60.001.31 FRAME & 12.50 TON Ace HAND KAISER, Cl.ETUS & MARY 1.. LOT 6 $1,531.31 COVER PATCHING $58,487.34 LIPPERT, MICHAEl. & $ 190.00 $ 95.00 $1,517.34 PATRICIA LOT 8 $ 760.00 $ 1,187.50 GlANNAKOUROS, GEORGE & $58,457.76 STREET VALVE 6.00 GAL. PRIME OR JOYCE LOT 7 $1.507.76 WATER BOX, TACK COAT $52,957.34 BOWDEN, JOSEPH & UPPER $ 2.00 $1,517.34 LIlLIAN LOT 7 EACH SECTION $ 12.00 SCHMOLDT, M. El.AINE LOT 8 $53,541.70 W/LID 1.00 EACH CONCREm $57,417.34 $1,471.70 $ 80.00 COLLAR $1,517.34 KASS, JOHN & PAMEl.A LOT 6 $ 240.00 $ 50.00 HEIN, JOSEPH & CAROL LOT 9 $54,276.09 SUBDRAIN, $ 50.00 $55,547.34 $1,516.09 PERFORAmD 3.00 EACH SANITARY $1,517.34 MEYER. Cl.ETUS & ROSE LOT 1-5 PlASTIC MANHOLE VOLKERT, CLIFFORD & $56,500.65 L.F. PIPE,6" REBUILD IVYL LOT 10 $1,450.65 DIAMETER $ 1,500.00 $55,387.34 JACOB, ROBERT & FERN LOT 2-5 $ 7.15 $ 4,500.00 $1,517.34 $69,154.95 $13,892.45 8.00 C.Y. K-CREm PATTERS, ROBERT SR. & $1,754.95 WAmR $ 33.81 MARY E. JACOB, ROBERT & FERN LOT 4W12-5 SERVICE $ 270.48 LOT11 STEGER, WILLIAM & LINE STOP 0.50 L.S. mMPORARY $54,835.73 MADONNA LOT 3 BOX ASPHALT $1,625.73 $69.167.62 24.00 EACH REPAIR, PATCHING PATTERS, ROBERT SR. & $1,677.62 ADJUST $ 1,194.63 MARY E. W.5' LOT 12 ASHLAND, CATHERINE LOT 2 & CLEAN $ 597.32 W/LOT 11 $61.244.71 $ 95.00 L.S. REMOVAL GlESEMAN, DALE & MARY JUNE $1,674.71 $ 2,280.00 0.50 OF SIDEWALKS B. 70.03' LOT 12 SCHUEl.ER, CATHERINE & 94.10 L.F. 15" RCCP & DRIVE. $54,678.23 RONALD LOT I STORM SEWER $ 2,262.08 $1,628.23 $69,580.99 $ 23.75 $ 1,131.04 GlESEMAN, DALE & MARY JUNE .L12W. $ 2,234.g7 CONSTRUCTION CONTRAC'$225,893.56 W. 5' LOT 13 $43,045.24 212.90 L.F. 18" RCCP 15% ENGINEERING $ 31,772.91 $55,497.22 STORM SEWER SUBTOTAL $257,666.47 $1,707.22 $ 25.60 LESS CITY SIIARE $ 93,339.67 $ 5,450.24 309 13.20 4433.33 1522.00 201.49 g.oo 4.00 3.00 1943.00 311 3303.00 3345.30 200 3673.90 1719.86 4196.52 292.35 8.50 6443.48 1354.80 Regular Session, August 16, 1993 S.Y. TON TON LP. S.P. S.F. 217.\1 8.00 5.00 4.00 6.00 1445.50 27.00 301.30 56.30 7.00 1.00 S.F. EACH EACH EACH EACH EACH L.P. LP. L.P. 1.00 EACH Regular Session, August 16, 1993 312 CONCRETE MANHOLE BASE $ 235.00 $ 235.00 CONCRETE MANHOLE SIDEWALL $ 82.00 $ 377.20 SAWCUT, ASPHALT $ 1.75 $ 197.75 SAWCUT, CONCRETE $ 3.00 $ 237.60 TRAFFIC CONTROL $ 23,655.00 $ 5,204.10 SODDING $ 5.00 $ 3,695.00 Ace HAND PATCHING $ 95.00 $ 1,615.00 PRIME OR TACK COAT $ 2.00 $ 22.00 CONCRETE COLLAR $ 50.00 $ 50.00 SANITARY MANHOLE REBUILD $ 1,500.00 I $ 6,000.00 LS. TEMPORARY ASPHAl.T PATCHING $ 1,194.63 $ 597.31 LS. REMOVAL OF SIDEWALKS & DRIVEWAYS $2,262.08 1..1lilli CONSTRUCTION CONTRAC1i222,057.91 15% ENGINEERING : 31,233.41 TOTAL COST 253,291.32 LESS CITY SHARE $ 81,\10.36 LESS SALES TAX $129,135.72 LESS WATER ASSESSMENT NET STREET ASSESSMENT $ 43,045.24 4.60 LP. FINAL QUANTITIES - CERRO DRIVE QUANTI1Y UNIT ITEM UNIT COST TOTAL C.Y. EXCAVATION, UNCLASSIFIED $ 5.65 $18,661.95 REMOVAL OF CONCRETE PAVE. S.Y. W/CURB INC. ASPH. OVERLAY $ 3.35 $\1,206.76 EACH REMOVALOP INTAKES $210.00 $ 420.00 PC CONCRETE PAVEMENT, CLASS "C" 7"WI INTEGRAL CURB $ 21.60 $79,356.24 GRANULAR SUBBASE $ 7.40 $12,726.96 TON 3" CRUSHED STONE BASE $ 5.85 $24,549.64 LIMESTONE BACKFILL $ 4.50 $ 1,315.58 CURB & GUTTER- REMOVE & REPL. $ 16.00 $ 136.00 PCC SIDEWALK, 4" REMOVE & REPL. $ 2.05 $13,209.13 PCC SIDEWALK, 6" REMOVE & REPL. $ 2.60 $ 3,522.48 PCC DRIVEWAY, 6" REMOVE & REPL. $27.10 $ 5,883.68 EACH ADJUSTMENT OF FIXTURES $110.00 $ 880.00 EACH MANHOLE - FRAME & COVER $190.00 $ 950.00 STREET VALVE WATER'BOX. UPPER SECTION W/LID $ 80.00 $ 320.00 STORM WATER CURB OPENING $ 60.00 $ 360.00 SUBDRAIN, PERPORATED PLASTIC PIPE, 6" DIAMETER $ 7.15 $10,335.33 WATER SERVICE LINE STOP BOX REPAIR, ADJUST & CLEAN $ 95.00 $ 2,565.00 15" RCCP STORM SEWER $ 23.75 $ 7,155.88 18" RCCP STORM SEWER $ 25.60 $ 1,441.28 INTAKE, SINGLE, 100-B $ 900.00 $ 6,300.00 INTAKE, SINGLE, IOI-B SPECIAL $ 1,400.00 $ 1,400.00 \13.00 L.F. 79.20 L.P. .22 L.S. 739.00 S.Y. 17.00 TON 11.00 GAL. 1.00 EACH 4.00 EACH 0.5 0.50 MFSA DRIVE FROM KANE ST. TO THE SOUTH END OF STREET OWNER LOT DESCRIPTION VALUATION WITIlIMPROVE. TOTAL NET ASSESS. MARYCREST SUBDIVISION BLOCK 4 KOLPEK, 10 JANET LOT I $57,039.35 $2,049.35 MARYCREST SUBDIVISION BLOCK 6 NAUMAN, CLETUS & ffiANNETTE LOT I $80,487.\1 $1,607.\1 LOT 2 $57,983.87 $ 53.87 MARYCREST SUBDIVISION BLOCK 8 EAGEN, KATHLEEN M. BANCK,MARGARET LOT I $65,550.49 $1,600.49 LOT 2 $62,457.28 $ 77.28 MARYCREST SUBDIVISION BLOCK 9 STREIT, IOSEPH & BARBARA LEWIS, GARY & CAROL LOTI $62,208.21 $1,608.21 LOT 2 $60,479.99 $ 69.99 MARYCREST SUBDIVISION BLOCK 10 SCHUELER, CATHERINE & RONALD FENS LOT I $70,815.50 $2,025.50 LYSHOJ, GLENN J. MINERAL LOT 339 SCHUELER, CATHERINE & RONALD FENS LOT 2-1 W/BLOCK 10 LOT \I/BLK 10 LOTI MARYCREST SUBDIVISION BLOCK 7 BASTEN, JAMES & ELIZABETH LOT 8 $55,941.00 $2,001.00 Regular Session, August 16, 1993 Regular Session, August 16, 1993 314 313 981.76 TON GRANULAR 1909.40 L.P. PIPE, 6" 3.00 EACH SANITARY NEMMERS, JOHN & 00 LOT 7 SUBBASE DIAMETER MANHOLE $52,022.14 $ 7.40 $ 7.15 REBUILD $1,722.14 $ 7,265.02 $13,652.21 $ 1.500.00 NICKS, JOSEPH & 2439.27 TON 3" CRUSHED WATER $ 4,500.00 ADELINE LOT 6 STONE BASE SERVICE CONSTRUCTION CONTRACil58,I21.12 $57,032.14 $ 5.85 LINE 15% ENGINEERING $ 22,240.43 $1,722.14 $14,269.73 STOP $180,361.55 LEPPERT, RICHARD 224.53 TON LIMESTONE BOX LESS CITY SHARE $ 66,366.43 & FRANCES A. BACKFILL 10.00 EACH REPAIR, LESS SALES TAX $ 85,496.34 LOTS $ 4.50 ADJUST & LESS WATER ASSESSMENT $54,812.14 $ 1,010.38 CLEAN T STREET ASSESSMENT $ 28,498.78 $1,722.14 4379.95 S.F. PCC $ 95.00 LOVE, DONALD & SIDEWALK, $ 950.00 GRANDVIEW AVENUE HARRIET LOT 4$59,562.14 4" REMOVE 445.20 L.F. 15" RCCP OWNERS LOT DESCRIPTION $1,722.14 & REPL. STORM VALUATION W,IMPROVE. HANSEN, FRANK $ 2.05 SEWER WATER SER.ASSESS. & ANN LOT 3 $ 8,978.90 $ 23.75 TOTAL NET ASSESS. $52,242.14 S.F. PCC $10,573.50 $1,722.14 502.80 SIDEWALK, 19.40 1..1'. 16" DIP WOODLAWN PARK ADDITION REICHEN, PAUL LOT 2 6" REMOVE CLASS 50 WEYDERT, ELIZABE11Hl12 51$44,199.55 $70,862.14 & REPL. $ 35.80 $ 779.55 $1,722.14 $ 2.60 $ 694.52 CURLER, DEBRA N 112 51 BOLAND, ROBERT $ 1,307.28 4.00 EACH INTAKE, $38,739.55 & VIRGINIA LOTI S.F. PCC SINGLE, $1,581.18 $54,889.45 95.67 DRIVEWAY, 101-B WEYDERT, ELIZABETH S 112 52 $1,759.45 6" REMOVE $ 900.00 WIS 112 51 MARYCREST SUBDIVISION & REPL. $ 3,600.00 WIS 112 51 BWCK 3 $ 27.10 3.00 EACH CONCRETE CURLER, DEBRA N 112 52 HINDERMAN, RANDY LOT 2 $ 2,592.66 MANHOLE WIN 112 51 $52,904.40 EACH ADJUSTMENT BASE $801.63 $2,024.40 10.00 OF $ 235.00 WIN 1/2 51 MINERAL LOT 339 FIXTURES $ 705.00 KIPP, EARL & BECKER, WILLIAM $ 110.00 22.20 L.F. CONCRETE BURNETTE 53 & PEARL LOT 2-1-1-1 $ 1,100.00 MANHOLE $54,089.58 $97,999.29 EACH MANHOLE - SIDEWALL $ 779.58 $3,289.29 5.00 FRAME & $ 82.00 JACK, THOMAS $28,498.78 COVER $ 1,820.40 &JOANNE 54 FINAL QUANTITIES - MESA DRIVE $ 190.00 117.40 L.F. SAWCUT, $45,739.58 QUANTI1Y UNIT UNIT ~~:r $ 1,140.00 ASPHALT $ 779.58 STREET $ 1.75 PURVIS, ESTHER 55 TOTAL VALVE $ 205.45 $35,039.58 1872.00 C.Y. EXCAVATION, WATER BOX, 40.40 L.P. SAWCUT, $ 779.58 UNCLASSIFIED UPPER CONCRETE KIEFFER, DOROTHY 56 $ 5.65 SECTION $ 3.00 $41,599.35 $10,576.80 5.00 EACH $ 121:20 $1,169.35 W/LID REMOVAL OF $ 80.00 .15 L.S. TRAFFIC KIEFFER, DOROTHY S 112 57 CONCRETE $ 400.00 CONTROL W/56 PAVEMENT EACH STORM $23,655.00 W/56 2445.50 S.Y. W/CURB INC. 1.00 WATER $ 3,548.25 SCHROBILGEN, VERENA N 112 57 ASPH. CURB 579.00 S.Y. SODDING $45,719.35 OVERLAY OPENING $ 5.00 $826.86$ $ 3.35 $ 60.00 $ 2,895.00 1,996.21 $8,192.42 $ 60.00 9.19 TON ACC HAND SCIIROBILGEN, VERENA 58 I PC CONCRETE SUBDRAIN, PATCIDNG WIN 112 57 PAVEMENT, PERFORATED $ 95.00 WIN 112 57 I CLASS "C" PLASTIC $ 873.05 I 2642.47 S.Y. 7"WI 6.00 GAL PRIME OR STEFFEN, LAWRENCE & INTEGRAL TACK COAT LAD 59 CURB $ 2.00 $33,039.58 $ 21.60 $ 12.00 $808.84 $57,077.35 $1,588.42 315 Regular Session, August 16, 1993 Regular Session, August 16, 1993 316 FROMMELT, NEAL 60 SCHNEE, MARK & $35,529.58 CRYSTAL 85 FINAL QUANTITIES 1165.02 S.F. $832.37 $45,149.58 NORTH GRANDVIEW PCC $1,611.95 $ 779.58 QUANTI1Y UNIT ITEM SIDEWALK, HERZOG, KEVIN & GOETZINGER, CHARLES & 1. 86 UNIT COST 6" REMOVE BLICHMANN, JANE 61 $38,639.58 TOTAL & REPL. $45,169.58 $ 779.58 4829.00 C.Y. EXCAVATION, $ 2.60 $842.49 ZIEL, RAY & UNCLASSIFIED 96.01 $ 3,029.05 $1,622.07 DOROTHY 87 $5.65 S.F. PCC VAN OSTRAND,1ERRY & $42,739.58 $27,283.85 DRIVEWAY, VELMA 62 $ 779.58 REMOVAL 6" REMOVE $46,909.35 TSCHIRGI, WALTER & OF CONCRETE & REPL. $1,169.35 STROHMEYER, BRUCE 88 5380.40 PAVEMENT $27.10 VAN OSTRAND, $40,509.58 S.Y. W/CURB INC. 13.00 $ 2,601.87 JERRY & VELMA S 112 63 $ 779.58 ASPH. BACH ADJUSTMENT W/62 LEYTEM, ROBERT & OVERLAY OF W162 NORMA 89 $3.35 FIXTURES WEBER, BERNARD & $41,129.58 $18,024.34 $110.00 BETrY N 112 63 $ 779.58 5.00 EACH REMOVAL $ 1,430.00 $52,029.35 FEYEN, VIRGINIA 90 OF INTAKES 9.00 BACH MANHOLE- $814.24 $36,069.58 $210.00 FRAME & $1,983.59 $ 779.58 $ 1,050.00 COVER WEBER, BERNARD & HAIGH, RICHARD & PAT 91 3.00 EACH REMOVAL $190.00 BETrY 64 $42,069,58 OF MANHOLE $ 1,710.00 WIN 1/2 63 $ 779.58 $210.00 STREET WIN 1/2 63 HOFF, ANDRE & KIM 92 $ 630.00 VALVE HAVERLAND, VEl.MA 65 $45,189.58 PC CONCRETE WATER BOX, $44,199.58 $691.69 PAVEMENT, 9.00 EACH UPPER $ 779.58 $ 1.471.27 CLASS "C" SECTION SCHlLlZ, MARY 66 KOHL, TIMMY & 5373.97 S.Y. 8"WI W/LID $ 5,269.58 SANDY 93 INTEGRAL $ 80.00 $ 779.58 $35,629.58 CURB 2.00 $ 720.00 SCHlLlZ, MARY 67 $682.68 $ 22.90 EACH STORM $45,969.58 $ 1,462.26 2607.65 $123,063.91 WATER $817.85 HURLEY, DIANNE 94 TON GRANIILAR CURB $1,597.43 $46,609.58 SUBBASE OPENING ZWACK, MAGRETHA 68 $691.69 $ 7.40 $ 60.00 $32,239.58 $ 1,471.27 $ 19,296.61 $ 120.00 $ 779.58 STUART, RAYMOND JR. & 6607.93 TON 3" CRUSHED SUBDRAIN, COPELAND, CAROL ANNE 69 DARLENE ANN 95 STONE BASE PERFORATED $35,449.58 $36,359.58 $ 5.85 1383.00 L.P. PLASTIC $ 779.58 $673.67 $ 38,656.39 PIPE, 6" RUNDE, LOUIS & 10LA 70 $ 1,453,25 36.10 TON BEDDING DIAMETER $52,929.58 MEYER, MARK & STONE, $ 7.15 $ 779.58 VIRGINIA 96 I" CLEAN $ 9,888.45 SCHMm, MARK & $46,539.58 $ 6.00 WATER SHARILYN 81 $682.68 941.76 $ 216.6Ò SERVICE $45,669.58 $ 1,462.26 TON LIMESTONE LINE STOP $ 779.58 LUEDTKE, LINDA M. 97 BACKFILL 4.00 EACH BOX KLEIN, ALLAN & $64,689.58 $ 4.50 REPAIR, JAYNE 82 $ 779.58 155.50 $ 4,237.92 ADJUST & $45,539.58 RANDALL, MELVIN & L.P. CURB & CLEAN $700.70 ELSIE 98 GUTTER, $ 95.00 $ 1,480.28 $35,709.58 REMOVE & 14.00 $ 380.00 TEETERS, AUDREY 83 $ 779.58 REPL. BACH WATER $36,489.58 WHELAN,lOHN & $ 16.00 SERVICE $682.68 DORIS 99 8306.27 $ 2,488.00 SHUTOFF $ 1,462.26 $63,390.37 S.F. PCC & RETAP TSCHARNER, URBAN & $ 1,130.37 SIDEWALK, $240.00 RUTH 84 KAVANAUGH, JEANETTE 100 4" REMOVE $ 3,360.00 $43,109.58 $38,678.79 & REPL. $ 779.58 $ 428.79 $ 2.05 $10,550.07 $ 17,027.85 $41,733.13 317 Regular Session, August 16, 1993 Regular Session, August 16, 1993 318 14.00 EACH WATER SER. 829.00 S.Y. SODDING DUBUQUE COMM. LANGE, ROBERT & STOP BOX $ 5.00 SCHOOL DlS. 2A LILY 10 REM.& $ 4,145.00 $ 8,22\.78 $ 77,741.89 REPL. 645.00 S.Y. SEEDING, $ 10\.78 $ 2,11\.89 $240.00 FERTILIZING DUBUQUE COMM. JUSTMANN, KARL & $ 3,360.00 & MULCH. SCHOOL DlS. 4 MARIANN 11 LEAD WATER $ \.40 $614,074.73 $ 70,009.92 PIPE $ 9æ.00 $ 84.73 $ 1,449.92 REM. & 140.12 TON ACC HAND DUBUQUE COMM. FISHER, ROGER & REPL. PATCHING SCHOOL DlS. 5 CORA 12 320.00 L.F. WI $ 95.00 $ 15,142.57 $ 79.850.02 COPPER '$13,311.40 $ 38257 $ 1,730.02 $ 7.90 115.76 TON Ace DUBUQUE COMM. $ 2,534.32 SURFACE SCHOOL DlS. 6 METTEL-LINK ADDITION BLK 6 13.00 EACH WATER COURSE $ 14,489.72 M\U,ER, BERNARD & SERVICE $ 60.00 $ 199.72 DELORES 13 BOX $ 6,945.60 DUBUQUE COMM. $ 77,235.48 RELOCATE 53.50 GAL PRIME OR SCHOOL DlS. 7 $ 1,435.48 $ 275.00 TACK COAT $ 12,705.59 FELTES, MARK & $ 3,575.00 $ 2.00 $ 545.59 JANICE 14 825.60 L.F. 15" RCCP $ 107.00 DUBUQUE COMM. $ 74,744.58 STORM \.00 EACH LOOP SCHOOL DlS. 8 $ 1,374.58 SEWER DETECTOR $ 14,405.53 $35.380.62 $ 23.75 $ 365.00 $ 1,825.53 $19,608.00 $ 365.00 FINAL QUANTITIES - 1YLER - ERIE 22.50 L.F. 18" RCCP 50.70 L.F. CONDUIT METAL-LINK ADDITION BLK 9 QUANTl1Y UNIT ITEM STORM IN TRENCH, FAULKNER, ROGENE MAE 1 UNIT COST SEWER I"R.S. $ 74,865.45 TOTAL $ 25.60 $ 9.50 $ 2,085.45 215\.00 C.Y. EXCAVATION, $ 576.00 $ 481.65 BOYES, MILTON & UNCLASSIFIED 14.00 EACH INTAKE, 69.00 L.F. ELOC. JUDITH 2 $ 5.65 SINGLE, CABLE $ 72,967.22 $12,153.15 101-B #14 AWG, $ 1,457.22 REMOVAL $ 900.00 2C SHLDED. DAVIS, EARL JR. & OF $12,600.00 $ 2.15 PENNIE 3 CONCRETE 9.00 EACH CONCRETE $ 148.35 $ 74,249.74 PAVEMENT MANHOLE \.00 EACH JUNCTION $ 1,449.74 3451.50 S.Y. WI CURB BASE BOX SCIlUBLLER, ELDON & $ 2.65 $ 235.00 $275.00 MARG. 4 $ 9,146.48 $ 2,115.00 $ 275.00 $ 68,928.00 3.00 EACH REMOVAL 51.30 L.F. CONCRETE 87.40 L.F. PCC CURB $ 1,448.00 OF INTAKES MANHOLE & GUTTER MAY, WILLIAM & $210.00 SIDEWALL $ 12.00 KAREN 5 $ 630.00 $ 82.00 $ 1,048.80 $ 74,948.54 3476.79 S.Y. 7"W/ $ 4,206.60 \.00 L.S. PCC STEPS $ 1,488.54 INTEGRAL 347.40 L.F. SAWCUT, $356.95 LUKENS, JON & CURB ASPHALT $ 356.95 JANICE 6 $ 2\.60 $ \.75 CONSTRUCTION CONTRAC1i359,236.31 $ 75,610.00 $75,098.66 $ 607.95 15% ENGINEERING $ 50,528.16 $ 1,920.00 2087.09 TON GRANULAR 145.70 L.F. SAWCUT, $409,764.47 LANG, CAROL & SUBBASE CONCRETE LESS CITY SHARE $274,482.16 ELEANOR 7 $ 7.40 $ 3.00 LESS SALES TAX $ 93,549.18 $ 69,043.15 $15,444.47 $ 437.10 LESS WATER ASSESSMENT $ 10,550.07 $ 1,503.15 2588.45 TON 3" CRUSHED .25 L.S. TRAFFIC ASSESSABLE SHARE $ 31,183.06 LANG, TRACY & STONE CONTROL RUTH 8 BASE $23,655.00 TYLER ROAD & ERIE COURT $ 68,60\.80 $ 5.85 $ 5.903.75 OWNER LOT DESCRIPTION $ 1,62\.80 $15,142.43 \.00 L.S. PAVEMENT VALUATION WITH IMPROVE. BLOCKLINGER, THOMAS & 25.40 TON BEDDING MARKING, TOTAL NET ASSFSS. KAREN 9 STONE, AS PER PLAN $ 73,343.85 I" CLEAN $ 400.00 METTEL-UNK ADDN. BLK 8 $ 2,463.85 $ 6.00 $ 400.00 DUBUQUE COMM. SCHOOL DlS. I-I-A $ 152.40 $179,89\'06 $ 8,70\.06 214.05 TON Regular Session, August 16, 1993 L.F. 319 2956.97 664.12 81.49 12.00 EACH 7.00 EACH 4.00 EACH 3.00 EACH 1801.00 10.00 EACH S.F. LIMESTONE BACKFILL $ 4.50 $ 963.23 PCC SIDEWALK, 4" REMOVE & REPL. $205 $ 6,061.79 PCC SIDEWALK, 6" REMOVE & REPL. $2.60 $ 1,726.71 PCC DRIVEWAY, 6" REMOVE & REPL. $27.10 $ 2,208.38 ADJUSTMENT OF FIXTURES $110.00 $ 1,320.00 MANHOLE- FRAME & COVER $190.00 $ 1,330.00 STREET VALVE WATER BOX, UPPER SECTION W/LID $ 80.00 $ 320.00 STORM WATER CURB OPENING $ 60.00 $ 180.00 SUBDRAIN, PBRFORA TED PLASTIC PIPE, 6" DIAMETER $ 7.15 $12,877.15 WATER SERVICE LINE STOP BOX REPAIR, ADJUST & CLEAN $ 95.00 $ 950.00 S.F. S.F. L.F. 690.30 41.20 7.00 1.00 1.00 2.00 10.50 157.90 .16 632.00 1.00 2.00 1.00 L.F. EACH EACH EACH EACH L.F. L.F. L.S. S.Y. EACH EACH EACH 15" RCCP STORM SEWER $ 23.75 $16,394.63 18" RCCP STORM SEWER $ 25.60 $ 1,054.72 INTAKE SINGLE' 1018 $900.00 $ 6,300.00 INTAKE, SINGLE, 101-B SPEC. $1400.00 $ 1,400.00 INTAKE, TYPE 101-C $1,000.00 $ 1,000.00 CONCRETE MANHOLE BASE $ 235.00 $ 470.00 CONCRETE MANHOLE SIDEWALL $ 82.00 $ 861.00 SAWCUT, CONCRETE $ 3.00 $ 473.00 TRAFFIC CONTROL $23,655.00 $ 3,784.80 SODDING $ 5.00 $ 3,160.00 CLEAR. & GRUBBING, TREE 3"-6" $ 125.00 $ 125.00 CLEAR & GRUBBING, TREE 6"-9" $ 175.00 $ 350.00 CLEAR..& GRUBBING, TREE 9"-12" $200.00 200.00 1.00 EACH Regular Session, August 16, 1993 320 CLEAR. & GRUBBING, TREE 12--15" $200.00 $ 200.00 CLEAR. & GRUBBING, TREE 15"-18" $200.00 $ 200.00 PLUG STORM SEWER PIPE $198.67 $ 198.67 WATER VALVE CASTINGS $ 49.50 $ 49.50 SIDEWALK TRENCH FRAME & GRATE $1,222.45 $ 1,222.45 CONSTRUCTION CONTRAC'I>193,149.32 15% ENGINEERING $ 27,167.29 $220,316.61 $ 78,794.13 $106,141.86 $ 35,380.62 1.00 EACH 1.00 L.S. 1.00 L.S. 1.00 L.S. LESS CITY SHARE LESS SALES TAX ASSESSABLE SHARE 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, Robbins, Voetberg. Nays--None. Communication of City Manager recommending execution of a Loan Agreement with Bishop's Block Ltd. Partnership, 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, Nicbulson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 258-93 RESOLUTION AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH BISHOP'S BLOCK, A MAINE LIMITED PARTNERSHIP Whereas, under provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Bloek Grant (CDBG) and Special Purpose Grant (SPG) funds for the purpose of stimulating community development activities; and Whereas, the City of Dubuque, Iowa deaires to assist Bishop's Bloek a Maine limited partnership, in its efforts to provide affordable housing opportunities for low and moderate income citizens of the community; and Whereas, a Loan Agreement hereto attached and by tlús reference msde a part hereof, is to be executed by Bishop's Block, a Maine limited partnership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the May... and City Clerk be and they are hereby authodzed and directed to execute, on behalf of the City of Dubuque, Iowa, an agreement awarding a $350,000 loan to Bishop's Block, a Maine limited partnership. Section 2. That the City Manager he and he is hereby authodzed to disburse loan funds from the Community Development Block Grant (CDBG) entitlement fund and the Special Purpose Grant (SPG) fund, in accordance with the terms and conditions of the executed Loan Agreement. Passed, approved and adopted this 16th day of August, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Krieg moved aduption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholsou, Robbins, Voetberg. Nays-None. RESOLUTION NO. 259-93 Whereas, applicatio.. for Beer PeffiÚts 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 authodzed to cause to be issued the following named applicants a Beer PeffiÚt Regular Session, August 16, 1993 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LlŒNSE Sheryl Anu Shireman Kiug of Clubs Sunday Sales 1902 Cenb1il Ave. David H. Erickson Lucky 13 Tap Sunday Sales 385 E. 13th St CLASS "E" LIQUOR LICENSE IFf LTD. Oky Doky HI Sunday Sales 250 W. 1st St Passed, approved and adopted this 16th day of August 1993. James B. BOOy Mayor 321 CLASS "B" BEER PERMIT IFf, LTD. Oky Doky H I Sunday Sales 250 W. 1st St CLASS "B" BEER PERMIT 5 Day Permit Donna M. Ginter Special Event (Outdoor) Sunday Sales 3M & Iowa Sts. Niles of the Square Table Special Event (Outdoor) Sunday Sales 6th St CLASS "C" BEER PERMIT Rainbu Oil Co. Kwik Stop I'ood Mart Sunday Sales 2255 Kerper Blvd. Trans-Miss Investments Inc. Oky Doky H 21 Sunday Sales 2010 Kerper Puaed, approved and adopted this 16th day of August 1993. James E. BOOy Mayor Attest: Mary A. Davis City Clerk Couneil Member Kluesner moved adoption of the Resolution. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-Nooe. West Dubuque Tap requesting to transfer their license to Third St Parking Lot for Riverfest Days on 9-11 & 9-12, presented and read. Council Member Kluesner moved that the transfer be approved. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nngle, Nicholson, Robbins, Voetberg. Nays--None. RESOLUTION NO. 260-93 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Wbereas, the premises to be occupied by such applicants were inspected and foWld to comply with the State Law and all City Oniinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY 01' DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nay:o-None. Communication of Zoning Commission advising of their denial to rezone property located at 3195 Jackson Street, preseuted and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: yeas-council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays-Mayor Brady, Council Member Nagle. An Ordinance amending Zoning Ordinance by reclassifying property located at 3195 Jackson Slreet from C-2 Neighborhood Shopping Center District to C- 3 General Commercial District presented and read. Council Member Voetberg moved that this Oniinance be set for Public Hesrlng on Tuesday, Sept 7,1993 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish ootice in the manner prescribed by law. Seconded by Council Member Nicholson. Carried by the following vote: yeas-council Members Kluesner, Krieg, Nicholson, Rohbius, Voetberg. Nays-Mayor Brady, Council Member Nagle. Communication of Zoning Commission advising of their denial to rezone property located West of Bonson Road; Block 2 Buena Vista Sub. No.5; petition containing 82 signatures concurring with Zoniog Commission's denial for property and communication of Gloria Ring endorsing rezoning as requested, presented and rend. Council Member Kluesner moved that the conununications and petition be received and filed. Seconded by Council Member Krieg. Regular SessIon, August 16, 1993 322 Carried by the following vote: Yeas-Mayor Brndy, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays-None. An Ordinance Amending Zoning Ordinance by reclassifying property located on Bonson Road North of Seville Ddve from R-I Single-Family Residential District to PUD Planned Unit Development District with a PR Planoed Residential District designation and ndopting a Conceptual Development Plan, presented and read. Council Member Kluesner moved that they concur with the Zoning Commission's denial. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brndy, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays-None. Communication of Zoning Commission advising of their denial and approval of rezoning of properties near I'reeway 61/151 Corrid..., 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, Robbins, Vuetberg. Nays-None. An Ordinance Amending Zoning Ordinance by reclassifying property located east of South Locust Slreet, west of Harrison Slreet and south of Railroad A venue from LI Light Industrial District to C-3 General Commercial District. - AREA HI DENIED BY ZONING COMMISSION; An ORDlNANŒ Amending Zoning Oniinance by reciassifying property located south of Dodge Slreet west of Salina Street and east of Locust Street from LI Light Industrial to C-3 General Commercial District. - AREA H2 DENIED BY ZONING COMMISSION; An Ordinance Amending 7ßßing Ordinance by reclassifying property located west of Harrison Slreet east of Locust Street and south of Jones Street from C-3 General Commercial District to LI Light Industrial District - AREA H3 DENIED BY ZONING COMMISSION; An Ordinance Amending Zoning Ordinance by reciassifying property located west of Freeway 61/151 and south of 1st Street from ill Heavy Industrial to LI Light Industrial District - AREA H4 APPROVED BY ZONING COMMISSION, presented and read. Council Member Voetberg moved that all the Oniinances be set for Public Hearing on Monday, Sept. 20, 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, Nicbulson, Robbins, Voetberg. Nays--None. Communication of Zoning Commission advising of their denial to rezone property at 3280 Pennsylvania Ave., presented and read. CoWlcil Member Kluesner moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nicholson, Robbins. NayS-Council Members Krieg, Nagle, Voetbe¡g. An Ordinance Amending Zoning Ordinance by reclassifying property located at 3280 Pen..ylvania Avenue from R-I Single I'amily Residential District to C-3 General Commercial District, presented and read. Council Member Kluesner moved that the Ordinance be set for Public Hearing on Sept. 20, ]993 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, Nicholson, Robbins. Nays-Council Members Krieg, Nagle, Voetberg. MINUTES SUBMITTED - Housing Code Appeals Board of7-20; Inveslment Oversight Commission of 7-21-93; Park & Recreation Commission of7-13; Zoning Commission of 8-4 and the Convention and Visitors Bureau submitting their quarterly report ending June, 1993, presented and rend Council Member Nagle moved that the minutes be received and filed. Seconded by Conncil Member Kluesner. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. NOTIŒS OF CLAIMS/SUITS --Wyman Bames in amount of $106.00 for vehicie damages; Jamie J. Birch in amount of $1,174.00 for vehicle damages; RonlAnn Bunis in amount of $140.68 for backed up sewer damages; Alfred R. & Mary B. Engling in amonnt of $2293.73 for hacked np sewer damsges; Samantha Flynn (Minor) by Merietts Flynn (parent) in unknown for personal injuries; Earl J. Freisinger in amount of $130.68 for tire damages; Tndd Gassman in amount of $646.98 for vehicie damages; Heory & Patricia Gerhard in unknown amount for backed up sewer damages; Breoda Giegerich in amount of ~!IIIIII 323 Regular Session, August 16, 1993 Regular Session, August 16, 1993 324 $179.16 for vehicle damages; Goliath Inc., in amount of $1,675.00 for property damsges; Paul Newman in amount of $75.00 for vehicle damages; Mark Tracy in unknown amount for motoR:ycle damages; Mr. & Mrs. Dale Veach, by Attorney Joaeph Bitter, in estimsted amount between $5,000.00 and $10,000.00 for backed up sewer damages; 1anetH. Wiedemann in amount of$IS.oo for peraonal injuries and losses, presented and rend. Council Member Nagle moved that the claims and suits be referred to the Legal Staff for investigation and report Seconded by Council Member Kluesner. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetherg. Nays--None. Communications of Corporadon Counsel ndvising the following claims have been referred to Crswford & Company, the agent for the Iowa Communities Assurance Pool: Sewer backup of Debra K. Curler; Tree damage of Tom Hillin; Sewer hacknp of Tom & Jodi Keating; Personal injury of Dolores Reynolds, presented and read. Council Member Nagle moved that the communications be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays-None. Communications of Corporation Counsel recommending denial of following claims: Sewer backup (2) of Merle Hun~ Sewer backup of David McMabun; Car damage of GIIf)' Redman, presented and read. Council Member Nagle moved that the communications be received and filed and ~nials approved. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Petition of Robert A. Neuwoehner requesting extension of time to furnish necessary security for plat approval of Quality Place for 30 days and communieation of City Manaser recommeodiug approval of extension as requested, presented and read. Couocil Member Nagle moved that the petition be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 161-93 RESOLUTION REAt'FIRMING THE FINAL PLAT OF LOTS 1- 6 INCLUSIVE OF QUALITY PLACE IN TIlE CI1Y OF DUBUQUE, IOWA, Section 2 That in the event Lorine V. Slrumberger shall fail to execute the acceptance and furnish the security provided in Section I bereof within thirty (30) dsys after the date of the Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, opproved and adopted this 16th day of August 1993. James H. BOOy Mayor Whereas, there was ftIed with the City Clerk the final plat of Lots 1- 6 Inclusive of Quslity Place in the City of Dubuque, Iowa; and Whereas, said final plat was examined by the Zoning Commission, which establisbed the conditions of approval that sanitary sewer and water be provided to each lot and a 20- fOOl building setback line be placed on the pla~ and Wbereas, said final plat was examined by the City Council, which found that it conformed to the statutes and ordinances relating to it, concurred in the conditions of approval established by the Zoning Commission, and in Resolution No. 175-93, dated Juue 7,1993, approved said final plat; and Whereas, the owner, Lorine Strumberger, was reqnired to secure the conditions of said Resolution by providing security and executing an acceptance within forty-five (45) days of the date of such Resolution; but has been unable to comply with the conditions of said Resolntion, and now desires the City Council to grant her an additional period of time in which to comply therewith; and Wbereas, the City Council finds that the original conditions upon which the approval of asid final plat still exists; and that the request for an additional period of time in which to comply with the approval of said final plat is for good cause and should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUB,IOWA: Section \. The approval of the final plat of Lots 1-6 Inclusive of Quslity Place. as set forth in Resolution No. 175-93, is hereby reaffirmed as of the date of said original approval, June 7, 1993, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, open said final plat as of Juoe 7, 1993, provided the owner of said property herein named, executes her written acceptance hereto attached agreeing: a. To provide sanitary sewer and water to each lot b. To place a 20-foot building setback line on the plat Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 261-93 I, the undersigned, Lorine V. SbUmberger, having rend the teRnS and conditions of the Resolution No. 261-93 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 17th dsy of August, 1993. By Isl Lorine V. SbUmberger Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Petition of Mike Remakel requesting extension of time to furnish necessary security as required in final plat for Northwest Ridge and communication of City Manager recommending approval of extension as requested, presented and read. Council Member Nagle moved that the petition be received and filed. Seconded by Council Member Klnesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg. Nagle, Nicholson, Robbins, Voetberg. Nays--None. RESOLUTION NO. 162-93 RESOLUTION RESCINDING RESOLUTION NO. g9-93 AND REAFFIRMING THE FINAL PLAT OF NORTHWEST RIDGE IN THE CI1Y OF DUBUQUE,IOWA. Whereas, there has been filed with the City Clerk a final plat of Northwest Ridge in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Remsberg Drive, together with certain public utility and sanitary and storm sewer easements which the Owners by said final plat have dedicated to the public forever; and Wbereas, said final plat has been examined by the City Planner and said plst is in substantial conformsnce to the preliminary plat for the property, the City of Dubuque Code of Ordinance and the Comprehensive Plan and had its approval endorsed therecn subject to the owners agreeing to the conditions noted in Section 3 below; and Wbereas, said final plat has been examined by the City Council and they fmd that it conforms to the statutes and ordinances relating to it, except that no slreeta or poblic utilities have yet been constructed or installed; and Whereas, the City Council concurs in the conditions of opproval established by the City Planner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: Section 1. That Resolution No. 89-93 is bereby rescinded. Section 2. That the dedication of Remsberg Drive, together witb the easements for public utilities, sanitary sewer, storm sewer and water maius as they appear upon said final plat, be and the same are hereby accepted; and Section 3. That the final plat of Northwest Ridge is hereby reaffirmed and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owuers of said property berein named, execute their written acceptance hereto attached agreeing: a. To reduce Remsberg Drive to gra~ and to consbUct concrete curb and gutter and to hard suñace with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications; all in a manner acceptable to the City Engineer and in conformance with consbUction improvemeut plans approved by the City Engineer. b. To install sanitary sewer mai.. and sewer service laterals into each individual lot, water mains and water service laterals into each individnal lot, storm sewers and catch hasins, boulevard slreet lighting and erosion control devices all in accordance with the City of Dubuque standard specificatio.. and in accordance with consbUction improvement plans approved by the City Engineer, and iuspected by the City Engineer. c. To consbUct said improvements, except sidewalks, prior to one year from the date of acceptance of this resolution, at the sole expense of the subdivider, as owucr, or future owner, 325 Regular Session, August 16, 1993 d. To llllintain the public im¡mvements, escept sidewalks, roc a period of two (2) years from the date of the aoceplance of those i..,...,ements by the City of Dubuque, Iowa, at the sole expenae of the subdivider, as owner, ... future owner; e. To consllUCt sidewalks in accordance with the requirements of Section 42-24(e) of the City Code, specificaJly: Sidewalk i..taJlution 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, escept 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 And forther provided that said Michael and Mary Beth Remskel and Michael and Sally Be¡gmann, as owners of said property, shall secure the peñormance of the foregoing ccnditions provided in Section 3 by providing secudty in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque. Iowa. Section 4. That in the event the owners shall fail to execute the acceptance and furnish the secudty provided in Section 3 hereof within one hundred fifty (150) days after the date of the Resolutiou, 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 adcpted this 16th day of August, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 262-93 We, the undersigned, Michael and Mary Beth Remakel and Michael and Sally Bergmann, having read the terms and ccnditions of the Resolution No. 262-93 and being familiar with the conditions thereof, hereby accept this same and agree. to the ccnditions required therein. Dated in Dubuque, Iowa this day of ~1993. NOT SIGNED AS OF DECEMBER 10, 1993 By By Michael Remskel Mary Beth Remakel By By Michael Bergmann Sally Bergmann TO: Mary A. Davis City Clerk This is to certify that the required secudty for the foregoing Resolution No. ---93 has been propertly filed. Dated at Dubuque, Iowa, this - day of -, 1993. NOT SIGNED AS OF DECEMBER 10. 1993 Michael C. Van Milligen City Manager Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg. Nagle, Nicholson, Robbins, Voetberg. Nays-None. Proofs of Publication certified to by the Publisher on Notice of Finding of No Significant Effect on the Environment for the Engineering Data Systems Expansion Projec~ List of Claims paid for month of June, 1993, presented and read. Council Member Nagle moved that the proofs of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins. Voetberg. Nays--None. Communication of City Manager requesting extension of the tenn of the contract with RTKL A..ociates Inc. fmm September I to October 15, 1993 for the riverfront strategic planniug project, presented and read. Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Kluesner. Canied by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Regular Session, August 16, 1.993 326 Communication of City Manager submiuing an amendment to Annnal Contributions Con_t for Section 8 Progesm Housing Vouchers, presented and read. Council Member Nagle moved that the ccmmunication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays-None. 1lE'i0LUTION NO- 263-93 A 1lE'i0LUTION AUTIIORIZING EXECUTION OF AN AMENDED ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 8 HOUSING VOUCHERS, PROGRAM NO. 1A0S-V087-015 (REPLACING PROGRAM NO. IAO5-VO87-004) Whereas, conlracts for certain programs under the consolidated Aunnal Contributions Conlract for Housing Vouchers ure scbeduled for expiration, in 1993; and Wbereas, the US Depar1ment of Housing and Urban Development has extended these funding commitments through the offeting of an amended consolidated con_~ and Wbereas, the Department requires execution of this ccntract f... the City's adminislration of these funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute an amended Annnal Contributions Conlract, with the US Department of Housing and Urban Development, for Project No. 1A05-V087- 015, under Master Annual Contributions Coo_t No. KC-9004E, on behalf of the City of Dubuque. Section 2 This resolution shall take effect immediately. Passed, approved and adopted this 16th day of August 1993. Attest: Mary A. Davis City Clerk James E. BOOy Mayor Council Member Nngle moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nngle, Nicbulson, Robbins, Voetberg. Nays-None. Communication of City Mannger recommending approval of final plat of Kelly's Bluff No.3, preaented and read. Council Member Voetberg moved that the ccmmunication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nicbulson, Robbins, Voetherg. Nays--None. Abstain--Council Member Nagle. RESOLUTION NO. 264.93 A RESOLUTION APPROVING TIlE FINAL PLAT OF KELLY'S BLUFF NO.3 IN THE CI1Y OF DUBUQUE, IOWA. Wbereas, there has been filed with the City Clerk a final plat of Kelly's Bluff No. 3 in the City of Dubuque, Iowa; and Whereas, upon said final plat appear Slreet(s) to be known as Kelly's Bluff, together with certain public utility and sanitary easements which the Owners by asid final plat have dedicated to the public forever, and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it except that no slreets or public utilities have yet been constructed or installed; and NOW, TIlEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the dedications of Lot B. Kelly's Bluff, together with the easements for public utilities, ssnitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the final plat of Kelly's Bluff 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, Iowa, upon said final plat provided the owners of asid property berein named, execute their written acceptance hereto attached agreeing: a. To reduce Kelly's Bluff to grade and to construct 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 msuner acceptable to the City Engineer and in conformance with ccnstruction improvement plans approved by the City Engineer. illllllll! illlll!I!I! II!IIII!'I! 327 Regular Session, August 16, 1993 b. To install aanitary sewer mains and sewer service laterals into each individnal lot walor mains and water service laterals into each individnal 101, storm aewers and catch basins, boulevard slreet lighting and erosion control devices all in accooIance 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 asid 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, f... a period of two (2) years from the date of the acceptance of those ifl¥Ovements by the City of Dubuque, Iowa, at the sole expeose of the subdivider, as owner, ... 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 abuttiug 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. And forther provided that asid Jeffrey Nagle, as owner of said property, shall secure the perfocmsnce of the foregoing conditions provided in Section 2 by providiug 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 focty-five (45) days after the date of the Resolution, the provisions herecf shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, opproved and adopted this 16th day of August 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 264-93 We, the Wldersigned, Jeffrey Nagle, having read the termS and conditions of the Resolution No. 264-93 and being familiar with the conditions therecf, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 31st day of August 1993. By IslJeffrey Nagle Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayes BOOy. Council Members Kluesner, Krieg, Nicbulson, Robbins, Voetherg. Nay&-None. Abstain--Council Member Nagle. Communication of City Manager recommending to porchase property at 754- 756 West 8th Street, presented and read. Council Mcmber Nagle moved that the communication be receivcd and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brndy, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, VoetberS' Nays-None. RESOLUTION NO. 265-93 RESOLUTION OF INTENT TO ACQUIRE REAL ESTATE AT 754- 756 WEST 8TH STREET, DUBUQUE, 10WA,IN THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque is conunitted to enforcement of housing quality standards and to the provision of assistance toward the addition of housing units to thc 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 TIlE CITY OF DUBUQUB,IOWA: Section 1. That the City of Dubuque hereby gives notice of its intent to acquire the following legally described property from the sellers, Daniel G. and Mary Beth Schumacher. Lot Six (6) in Hedley's Subdivision in the City of Dubuque, Iowa, Dubuqne, COWlty, Iowa, according to the recorded plat thereof at the cost of Nineteen Thousand Five Hundred Dollars ($19,500). subject to review and approval of a deed conveying such property. Regular Session, August 16, 1993 328 Section 2. That the City Manager is hereby authorized and directed to purchase said property. Passed, opproved and adopted this 16th day of August 1993. James B. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays-None. Communication of City Manager recommending accepting patents for properties acquired from State of Iowa as part of Highway 1161 project, 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 Brndy, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 266-93 A RESOLUTION ACCEPTING CONVEYANCE OF LOT 6A OF THE Wl/2 OF BLOCK I OF DUBUQUE HARBOR COMPANY'S ADDITION IN THE CI1Y OF DUBUQUE, DUBUQUE COUNTY, IOWA AS SHOWN ON RIGHT-OF- WAY PLAT EXHIBIT "A" Wbereas, the City of Dubuque, in consideration of the payment of $2,400.00, pun:hased Lot 6A of the WI12 of Block I of Dubuque Harbor Company's Addition in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" attached hereto and by reference made a part hereof; and Whereas, the State of Iowa has executed patent *4359 conveying said property to the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUB,IOWA: Sectioo 1. That the City Council of the City of Dubuque, Iowa hereby approves of, accepts, and consents to patent *4359 from the Iowa Department of Transpcrtation conveying Lot 6A of the WI12 of Block I of Dubuque llarbor Company's Addition in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" attached hereto. Section 2. That the City Clerk be and is hereby authorized and directed 10 file . copy of this resolution in the offioe of the Recorder, in and f... Dubuque County,lowa. Puaed, approved and adopted this 16th day of August 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays--None. RESOLUTION NO. 267-93 A RESOLUTION ACCEPTING CONVEYANCE OF LOT lOA OF THE WI/2 OF BLOCK I m- DUBUQUE HARBOR COMPANY'S ADDITION IN TIlE CI1Y OF DUBUQUE, DUBUQUE COUNTY, IOWA, AS SHOWN ON RIGHT- OF-WAY PLAT EXHIBIT "A" Whereas, the City of Dubuque, in co..ideration of the payment of $2,500.00, purchased Lot lOA of the WI12 of Block I of Dubuque Harbor Company's Addition in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" attached hereto and by reference made a part bereof; and Whereas, the State of Iowa has executed patent *4360 conveying said property to the City of Dubuque, Iowa. NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. 'That the City Council of the City of Dubuque, Iowa herehy approves of, accepts, and consents to patent *4360 from the Iowa Department of Transpcrtation conveying Lot lOA of the WI12 of Block I of Dubuque Harbor Company's Addition in the City of Duhuque, Duhuque County, Iowa. as shown on right-of-way plat Exhibit "A" attached hereto. Section 2. That the City Clerk be and is hereby authorized aud directed to file a copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of August, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk 329 Regular Session, August 16, 1993 Council Member Nagle IOOved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays--None. Wbereas, the City of Dubuque, in consideration of the payment of $2,300.00, pun:hased City Lot 6O4A in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" attached hereto and by reference otade a part bereof; and Whereas, the State of Iowa has executed patent *4362 couveying said property to the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 01' TIlE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dabuque, Iowa hereby approves of, accepts, and conseuts to patent *4362 from the Iowa Department of Transpcstation conveying City Lot 604A in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" attached hereto. Section 2. That the City Clerk he and is hereby authorized and directed to file a copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of August, 1993. RESOLUTION NO, 268-93 A RESOLUTION ACCEPTING CONVEYANCE OF CI1Y LOT 537A IN THE CI1Y OF DUBUQUE, DUBUQUE COUN1Y, IOWA, AS SHOWN ON RIGHT-OF-WAY PLAT EXWBIT "A" Whereas, the City of Dubuque, in consideration of the payment of $1.00, pun:hased City Lot 537A in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit" A" attached hereto and by reference made a part bereof; and Whereas, the State of Iowa has executed patent *4361 conveying said property to the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 01' DUBUQUE,IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves of, accepts, and consents to patent *4361 from the Iowa Department of Transpcstation conveying City Lot 537A in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" attached hereto. Section 2. That the City Clerk be and is hereby authorized and directed to file a copy of this reaolution in the office of the Recorder, in and f... Dubuque County,lowa. Passed, approved and adopted this 16th day of August, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Y cas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 270-93 A RESOLUTION ACCEPTING CONVEYANCE OF CI1Y LOT 556A IN THE CI1Y OF DUBUQUE, DUBUQUE COUN1Y, IOWA, AS SHOWN ON RIGHT-OF-WAY PLAT EXHIBIT "A" whi.reas, the City of Dubuque, in consideration of the puyment of $9,900.00, pulChased City Lot 556A in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" attached hereto and by reference made a part hereof; and Whereas, the State of Iowa has executed patent *4376 conveying said property to the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY 01' DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves of, accepts, and consents to patent *4376 from James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 269-93 A RESOLUTION ACCEPTING CONVEYANCE OF CI1Y LOT 6O4A IN THE CITY OF DUBUQUE, DUBUQUE COUN1Y, IOWA, AS SHOWN ON RIGHT-OF-WAY PLAT EXWBIT "A" Regular Session, August 16, 1993 330 the Iowa Department of Transpcstation conveying City Lot 556A in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" attacbed hereto. Section 2. That the City Clerk be and is hereby authorized and directed 10 file a copy of this reaolution in the office of the Recorder, in and for Dubuque County,loWL Puaed, opproved and adopted this 16th day of August 1993. James E. BOOy Mayor Attest: Mary A. Davis City Clerk Council Member Nagle IOOVed adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 271-93 A RESOLUTION ACCEPTING CONVEYANCE OF CI1Y LOT 540A IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, AS SHOWN ON RIGHT-OF-WAY PLAT EXWBIT "A" Whereas, the City of Dubuque, in consideration of the payment of $1.00, pun:hased City Lot 540A in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" altacbed hereto and by reference made a part hereof; and Whereas, the State of Iowa has executed patent *4377 conveying said property to the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY 01' DUBUQUE,IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves of, accepts, and consents to patent *4377 from the Iowa Department of Transpcstation conveying City Lot 540A in the City of Dubuque, Dubuque County. Iowa, as shown on right-of-way plat Exhibit "A" altacbed hereto. Section 2. That the City Clerk be and is hereby authorized and directed to file a copy of this resolntion in the office of the Recorder, in and for Dubuque County,lowa. Passed, opproved and adopted this 16th day of August 1993. James B. BOOy Mayor Attest: Mary A. Davis City Clerk Council Member Nagle IOOVed adoption of tho Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brndy, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays--None. Communication of City Manager recommending acceptance of Traffic Signals at 3n1 & Main Slreets Project presented and rend. Council Member Nagle 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, Nicbulsoo, Robbins, Voetberg. Nays--None. RESOLUTION NO. 272-93 ACCEPTING IMPROVEMENT Whereas, the contract for the 3rd and Main Street Traffic Signals has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specificatio.. and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT I'URTHBR RESOLVED that the City Treasurer be and he is herehy directed to pay to the contractor from the Slreet Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 16th day of August, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded hy Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brsdy, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays--None. RESOLUTION NO. 273-93 FINAL ESTIMATE Whereas, the contract for the 3rd and Main Street Traffic Signals has been completed and the City Engineer has submitted his final estimate showing the cost 331 thereof inc1nding the cost of estimates, notices and inspection and all miscellanecus costs; NOW THEREfORE, BE IT RESOLVED BY TIlE C11Y COUNCIL OF THE CITY OF DUBUQUB,IOWA: Section 1. That the OOIt of aaid improvement is hereby determined to be $34,030.13 and the aaid amount shall be paid from the S1n:et Construction Fund of the CIty of Dubuque, Iowa. Puaed, approved and ndopted this 16th day of August 1993. James E. Brady Mayor Approved Adopted Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Kluesner. Carded by the following vote: Yeas-Mayor BOOy, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays-None. Petition of Dubuque Symphony Orchestra requesting pennission to use the Hawthocne Slreet Boat Landing area for its 9th Annnal Labor Day Weekend Pops Coocert and to conduct a Fireworks display on the south- east corner of Lake Drive, presented and reed. Council Member Nagle moved that the request be approved, subject to implementation by the City Manager. Seconded by Council Member Kluesner. Carried by the following vote: Y cas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays--None. There being no further business, Council Member Nagle moved to ndjourn. Seconded by Council Member Voetberg. Carried by the foilowing vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbulson, Robbins, Voetberg. Nays-None. Meeting adjourned at 10:36 p.m. Attest: Mary A. Davis CMC City Clerk Council Members /il:ti4-i ,City Clerk "' Special Session, August 19, 1993 332 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, City Council, August 19, 1993 Council Met at 3:00 p.m., Confereoce Room "B", City Hall Present: Mayo: BOOy, Council Members Nagle, Nicholson, Rohbi.., City Manager Michael C. Van Mil1igen, Corporation Counsel Bany A. Lindahl. Absent: Council Members Kluesner, Krieg, Voetberg. Mayor Brady read the call and stated this is a Special Session of the City Council called for the Purpose to consider a Resolution Authorizing Assignment of certain leases between the City of Dubuque and Dubuque Yacht Basin, Inc. to the Small Business Administration for security. RESOLUTION NO. 274.93 RESOLUTION AUTHORIZING THE ASSIGNMENT OF CERTAIN LEASES BETWEEN TIlE CITY OF DUBUQUE. IOWA, AND DUBUQUE YACHT BASIN, INC., TO THE SMALL BUSINESS ADMINISTRA TlON FOR SECURITY Whereas, the City of Dubuque, Iowa (City) has leased 10 Dubuque Yacht Basin, Inc., an Iowa corpumtion (Lessee) certain real property located at 1630 East Sixteenth Slreet Dubuque, Iowa, pursuant to the following leases: 1. Lease Agreement dated April 8, 1970 2. Fin" Ameadment to Lease dated November 3, 1970 3. Lease Agreement dated February 5, 1974 4. Lease Agreement dated November 16, 1987; and Whereas, the Small Business Administradon has agreed to lend I.essee the sum of twenty-nine thousand and two hundred doll... ($29,200) for the pul>Ose of repairing andlor replacing disaster damaged leasehold improvements of Lessee; and Whereas, a reqnirement of the Small Business Administration for ngreeing 10 such loan to Lessee is the assignment of the above-described Leases to the Small Business Adminisbation pursuant to an Assignment of Rcal Estate Lease and Agreement a copy of which is attached; and Whereas, the City Council of the City of Dubuque, Iowa, has detennined that it is in the best interests of the City to consent to such assignment NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUB,IOWA: Section 1. That the Assignment of Real Estate Lease and Agreement attached hereto is hereby approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to sign said Assignment of Real Estate Lease and Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of August, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Nicholson moved adoption of the Resolution. Seconded by Conncil Member Robbins. Carried by the following vote: Yeas--May... Brady, Council Members Nagle, Nicholson, Robbins. Nays--None. Absent-COuncii Members Kluesner, Krieg, Voetberg. There being no forther business, Council Member Nicholson moved to ndjourn. Seconded by Council Member Robhins. Carried by the following vote: Yeas-Mayor BOOy, Council Members Nagle, Nicholson, Robbins. Nays--None. Absent-Council Members Kluesner, Krieg, Voetberg. Meeting adjourned at 3:06 p.m. Mary A. Davis CMC City Clerk 333 SpecIal Session, August 19, 1993 /'/. 'l i A~Ved'~.i'C':/. ,1994. l,~. I /1 Adopted -' ..' '-'.' : .', t.I994. '." // .j /'i 2 --- ,co"'. -:7 Regular Session, September 7,1993 334 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, Tuesday, September 7, 1993 Council Met at 7:30 p.m. Public Library Auditorium Preseut: May... BOOy, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg, City Manager Michael C. Van Milligen, Cocporstion Counsel Bony A. Lindahl. Mayor Brady read the call and stated this is the Regular Session of the City Council called for the purpose to act open such business which may properly come before the Council. Council Members Attest: " k /L",¡:.,I...:"'1.". . i City Clerk Invocation was given by Rev. Robert Pleiness, Pastor, Bible Baptist Church. PROCLAMATIONS -- Recognition of "Volunteers roc Building Floodwall"; Sept 6-11 as "Union Label Week" received by Francis Giunta; Sept 10-12 "Recognizing USA Internstional Dragonbuat Festival" received by Esrl Brimeyer; Sept 12-18 as "Youth Leadership Week" received by Katrina Wilberding. The City also accepted a Pmelamation from the City of Des Mnines designating September 18th as "The City of Dubuque, H & W Motor Express Company and Swiss Valley Farms Appreciation Day" in the City of Des Mnines. Certificates of Appreciation were presented to City Employees Bob Boleyn, Jim Reardon, Bill Schwegmann and Jeff Petty. 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 Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Proof of Publication certified to by the Publisher on Notice of Hearing on Plans and Specifications for construction of Northwest Arterial Water Main Project presented and rend. Tbere 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 Rohbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Kdeg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 275.93 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Wbereas, on the 2nd day of August, 1993, pI..., specifications, form of conttact and esdmsted cost were fiJed with the City Clerk of Dubuque,lowa, for the Northwest Arterial Water Main Project and Wbereas, notice of hearing on plans, specifications, form of conlract and estimsted cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUB,IOWA: Section 1. That the said plans, specificatio.., 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, approved and adopted this 7th day of September, 1993. James E. Brady Mayor A'ITEST: Mary A. Davis City Clerk Council Member Nngle moved adcption of the Resolution. Seconded by Council Member Rohbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Kdeg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Proof of Publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids for the Construction of the Northwest Arterial Water Main Project and commuoication of City Manager recommending to award contract for project, presented and read. Council Member Nngle moved that the proof and communication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Kdeg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 276.93 AWARDING CONTRACT Whereas, sealed prupcsais have been subuûtted by contractors for the Northwest