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1993 December Council Proceedings 429 Regular Session, November 15, 1993 convnw1ication be received and filed. Scoonded by Council Member Nosle. Carried by the following vote: Yeu-Mayor Brady, Council Members Kluesner, Krieg, Nagle, NichollOD, Robbins, VocIberg. Nays-None. RFSOLUTION NO. 36$-93 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVEWPMENT BLOCK GRANT PROJECT Wbereas, Ibe City of Dubuque has entered into a Grant Agreement for Ibe FiøcaI Ycør convncncing July I, 1993, with Ibe U.S. Department of Housing and Urban Developmen~ providing for financial assistance to Ibe City under Title I of Ibe Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgaled by the U.S. Department of Housing and Urban Developmen~ an environmenlal review bas been P"'CC8sed for the bereinafter described project to be financed with Convnunity Development Block Grant funds; and Whereas, the Community and Economic Development Department has, aflor due conaidcralion, made a delorminatlon that the project is not a major federal action significantly affecting tbe quality of the buman environmenl NOW THEREFORE, BE IT RESOL' BY TIlE CITY COUNCIL OF THE C OFDUBUQUE,IOWA: ' - Section 1. That Ibe City aerk be and she is bereby authorized and dirccled to publisb a Notice of Finding of No Significant Effect on the Environment for the following identified projects and to make the Environmental Review Rccord for said projects available for public inspection. Such notice sball be in Ibe form of Exhibit "A" attached hereto and made a part hereof. Velie! SYSloms, Inc. Seclion 2 That the City of Dubuque hereby dce1ares its inlont to adopt a resolution at its meeting of December 6, 1993, authorizing the suboriasion of a request to the U.S. Department of Housing and Convnw1ity Development to undertake the ahove-mentioned projecL Passed, approved and adopled this 151b day of November, 1993. James E. Brady Mayor Attest: Mary A. Davis City aerk Council Member Voetberg moved adoption of the Resolulion. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Memhera Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetbcrg. Nays-None. There being no further hosiness, Council Member Vocthcrg moved to adjourn the meeting. Seconded by Council Member Nosle. Carried by the followiog vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholsoo, Robbins, Voethcrg. Nays-None. Meeting adjourned at 9:26 p.m Mary A. Davis CMC { City Clerk Approved f}¡ lilf ,;L/ Adopled /)} Û¿1 d-/ /" / / /, /.~¿{~ .,1994. Ç..I!¡IAftÆ~~ \,o,,\' , Council Meq¡bcrs ", -'I Attest. \ ' } ~;¡(¿¡¡ tL.¡t)¡¡ lj~,¿,.ðl¡;¡d,. 06Íp'Jt'1 City Clerk Cooler Valley Urben Drainage District, December 6, 1993 430 CITY OF DUBUQUE COULER VALLEY URBAN DRAINAGE DISTRICT QUARTERLY MEETING Quarterly Mealing, Monday, December 6, 1993 District met at 6:30 p.m Public Library Auditorium Prcacnt: Mayor Brady, Council Members Kluesner, Krieg, Robbina, Voetbcrg. Absent: Council Members Nagle, Nicholson. Chairperson Brady read Ibe cali and staled this is the Quarterly s.lIion of the Couler Valley Urban DoIinage District called for the pnrpose to act upon such bnsiness which may properly come before the members. Communication of City Manager recommending execution of contract with IIW Engineers and Surveyors for storm walor study and desigo of Ae"...1 Industries projcc~ presenled and read. Council Member Kluesner moved that the commw1ication be received and filed. Seconded by Council Member Voetbarg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Robbins, Voetberg. Nays-Noue. Absent-Council Members Nagle, Nicholson. RESOLUTION NO. 366-93 RESOLUTION APPROVING CONTRACT FOR ENGINEERING SERVICES FOR FLEXSTEEL INDUSTRIES DRAINAGE IMPROVEMENT Whereas, on August 17, 1993, the (.]ty CoW1cil authorized work to be performed by IIW Engineers and Surveyors, P.C. on the stonn waler study and the design of Ibe drainage improvements at Aexsteel Industries; and Whereas, a formal cootract was not execuled at that time with IIW Engineers and Surveyors, P.C. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: Sectioo 1. That the contract for engineering services relating to the study and the design of the drainage improvements at Ae"lceIlndustries daled October 6, 1993 be approved. Seclion 2 That the Mayor is hereby authorized and dirccled to sign said contract for engiucering services on behalf of the City of Dubuque. Passed, approved and adopled this 6th day of December, 1993. Attest: Mary A. Davis City acrk James E. Brady Mayor Council Member Kluesner moved adoption of the Resolulion. Seconded by Council Member Voethcrg. Carried by Ibe following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Robbins, Voetberg. Nays-Nonc. Absent--CounciI Members Nagle, Nicholson. Couocil Member Kluesner moved that the Legal Staff be inatrucled to draw up documents providing Ws Joint Board as a single entity. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Robbins, Voetberg. Nays-Noue. Absent-Council Members Nagle, Nicholson. Communication of City Manager recommending amendment to Ae"...! DoIinage Improvement Agreement doled Seplcmber 10, 1993, presenled and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetbarg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Robbins, Voetberg. Nays-None. Absent--Counci! Members Nagle, Nicholson. RESOLUTION NO. 367-93 RESOLUTION AMENDING THE FLEXSTEEL DRAINAGE IMPROVEMENT AGREEMENT Whereas, on Seplomber 10, 1993 an agreement was execuled between the City of Dubuque, the County of Dubuque, and Fle"...l Industries, Inc. providing for a drainage improvement on Aexstee! Industries, Inc. property; and Whereas, Ae""'1 Industries Inc. bas requesled an amendment to said agreement NOW, THEREFORE, BE n' RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Seclion 1. That the Ae"...l DoIinage Improvement Agreement daled Seplomber 431 COuler Valley Urben Drainage District, December 6, 1993 10, 1993 be amended as requested by Fle..teeI Industries, loc. Scc1ion 2. That the First Amcndmcot to FIe..teeI DoIinage Improvement Agrcemco~ attached hereto, is hereby approved, and the Mayor is hereby authorized and dirccIed to sigo aaid amendmcoton behalf of the City of Dubuque. Passed, approved and adopled this 6th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City aerk Council Member Kluesner moved approval and adopdon of the Resolulion. Seconded by Couocil Member Voethcrg. Carried by the followiog vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Robbins, Voetberg. Nays-Noue. Absent-Council Members Nagle, Nicholson. Convnw1icalion of City Manager advisi of denial of FEMA damage claims filed oñ Seplember 20, 1993, prescnled and read. Council Member Krieg moved that the convnw1ication be reœived and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Robbins, Voetberg. Nays-None. Absent-Couocil Members Nagle, Nicholson. Council Member Kluesner moved that they approve the City Manager's request to proceed with an Economic Development Administration (EDA) Grant or Federal Emergency Management Agency (FEMA) Mitigation Grant for FIexstecl DoIinage Improvemenl Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Robbins, Voetberg. Nays-None. Absent-Council Members Nagle, Nicholson. Public Works Director Mike Koch and Dennis Waugh prcseoled a Status Report on IIW Desigo Cootract for FIexsteel DoIinage Improvements. Council Member Kluesuer moved to approve Phase I, not to exceed $25,000. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Robbins, Voethcrg. Nays-None. Absent-Council Members Nagle, Nicholson. There being no further hosiness, Conncil Member Kluesner moved to adjourn. Sccooded by Council Member Voethcrg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesoer, Krieg, Robbins, Voetberg. Nays-None. Absent-Council Members NosIe, Nicholson. Meetiog adjourned at 7:32p.m Council Members Attest: ,~. ", 1/' / /;/v 11 ¡:. ¿ {. AÜu / . Clerk Board of Health, December 6,1993 432 CITY OF DUBUQUE BOARD OF HEALTH QUARTERLY MEETING Special Sellion Board Met at 7:25 p.m., December 6, 1993, Public Library Auditorium Prcacot: Chairpersoo Brady, Board Members Kluesoer, Krieg, NosIe, Robbins, Voetberg. Absent: Board Member NichollOO. Chairperson Brady read the cali and staled this is a Special Session of the Board of Health calied for the purpose to act upon such business which may properly come before the Board. Communication of City Manager recommending City apply for a Childhood Lead Poisoning Prevenlion Program Gran~ prcsenled and read. Board Member Voetberg moved that the convnw1icalion be received and filed. Seconded by Board Member Robbina. Carried by the following vole: Yeas-Chairperson Brady, Board Members Kluesner, Krieg, Nngle, Robbios, Voetberg. Nays-None. Absent-Board Member Nicholson. RFSOLUTION NO. 36&.93 A RFSOLUTION APPROVING SUBMITTING THE CHILDHOOD LEAD POISONING PREVENTION GRANT APPLICATION TO THE IOWA DEPARTMENT OF PUBLIC HEALTH AND AUTHORIZING THE CITY BOARD OF HEALTH CHAIRPERSON TO SIGN A LETTER OF INTENT TO FULFILL THE REQUIREMENTS OF THE CHILDHOOD LEAD POISONING PREVENTION PROGRAM. Whereas, the Iowa Department of Public Health has requesled grant applications to establish childhood lead poisoning prevention programs on local level; and Whereas, the City of Dubuque desires to establish such a local childhood lead poisoning prevention program; and Wbercas, if the Iowa Department of Public Health awards the childhood 'lead poisoning prevention grant to the City of Dubuque a contract will be fortbcondng. NOW THEREFORE, BE IT RESOLVED BY TIlE BOARD OF HEALTH OF THE CITY OF DUBUQUE, IOWA: Seclion 1. That the City of Dubuque, Iowa, Board of Health hereby ápproves submittiog the attached childhood lead poisoning prevention geaut application 10 the Iowa Department of Public Health. Seclion 2. That the City of Dubuque Board of Health Chairperson is authorized and directed to execute the letter of intent for the program on behalf of the City of Dubuque, Iowa. Passed, approved and adopled this 6th day of December, 1993. JanlCs E. Brady' Mayor Attest: Mary A. Davis City Clerk Board Member Voetberg moved adoption of the Resolution. Seconded by Board Member Robbins. Carried by. the following vote: Yeas---{;hairperson Brady, Board Members Kluesner, Krieg, Nagle, Robbins, Voetberg. Nays-None. Ahsent-Board Member Nicholson. Convnw1icalion of Stale Department of Public Health, submitting a letter to Dubuque City Board of Health, certifying that the Dubuque City Board of Heald! swimming pool/spa program is being conducted in accordance with Chapter 1351, Iowa Code. prcsenled and read. Board Member Nagle moved that the communication be reœived and filed. Seconded by Board Member Voetberg. Carried by the following vote: Yeas-Chairperson Brady, Board Members Kluesner, Krieg, Nagle, Robbins, Voetberg. Nays-None. Absent-Board Member Nicholson. There being no further business, Board Member Krieg moved to adjoum. Seconded by Board Member Voetberg. Carried by the following vole: Yeas-Chairperson Brady, Board Members Kluesner, Krieg, Nagle, Robbins, Voctberg. Nays-None. Absent-Board Member Nicholson. Meeting adjourned at 7:45 p.m. Mary A. Davis CMC Secretary, Civil Service Commission 43~ Board of Health, December 6,1993 Appoved ,1994. AdopII>d ,1994. Chairperson Boani of Health Members A-t: Secretary, Board of Health Regular Session, December 6, 1993 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Sellion, December 6, 1993 Council Met at 7:30 p.rn, Public Library Auditorium Present: Mayor Brady, Council Members Kluesner, Krieg, NosIe, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Absent at Roll Call: Council Member Nicholson. Mayor Brady read the call and staled tllis is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Father Dan Krapf!, Pastor of Holy Trinity Catholic Church. Service Longevity plaques were presenled to City Employees with 25 ycørs of service or more in increments of 5 years. Council Member Krieg moved to suspend the rules to allow anyone present to addrell the Council if they so desire. Seconded by Council Member Robbins. Canied by the following vole: Yeas-Mayor Brady. Council Members Kluesner, Krieg, Nagle, Rohbios, VnetOOrg. Nays-None. Absent-Council Member Kluesner. Proof of Publication certified to by the Publisher on Notice of Public Hearing of Inlention to issue lIospilal Revcnue Refunding Bonds (The Finley Hospilal) of the City of Dubuque, Iowa and communication of City Manager recommending approval of the bond illuance, presenled and read. 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 Brady, Conncil Members Kluesner, Krieg, Nagle, Robbins, Vnetberg. Nays-None. Absent-Cooncil Member Nicbolson. RESOLUTION NO. 369-93 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF NOT TO EXCEFJ> $&,000,000 AGGREGATE PRINCIPAL AMOUNT OF HOSPITAL REFUNDING REVENUE BONDS (THE FINLEY HOSPITAL), OF THE CITY OF DUBUQUE, lOW A, FOR THE PURPOSE OF LENDING THE PROCEEDS THEREOF TO THE FINLEY HOSPITAL, THE ESTABLISHMENT OF A RESERVE FUND FOR THE BONDS AND THE PAYMI,NT OF CERTAIN COSTS OF ISSUANCE; THE EXECUTION AND DELIVERY OF A SECOND SUPPLEMENTAL INDENTURE OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A SECOND AMENDATORY LOAN AGREEMENT BETWEEN SAID CITY AND THE FINLEY HOSPITAL PROVIDING FOR TilE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE SALE OF SAID BONDS; AND RELATED MATfERS. Whereas, the City of Dubnque, in the County of Dubuque, Stale of Iowa (the "Issuer"), is an incorporaled municipality authorized and empowered by the provisions of Chapter 4]9 of the Code of Iowa, 1993, as amended (the "Act") to illue revenue honds or notes and loan the proceeds to one or more contracting purdes to be used to pay the cost of aequiring by constrnction or purchase, land, buildings, improvements and equipment suitable for use of any voluntary nonprofit hospilal and to refund any honds illued pursuant to the Act; and Whereas, The Finley Hospilal (the "Hospilal"), is a voluntary nonprofit hospital within the meaning of the Act which presently owns and operates hospilal facilities localed within the Issuer, and in order to improve health care services for inhabitanls of the llIuer, the Hospilal has requesled the Issuer to issue ils Hospital Refunding Revenue Bonds (The Fioley lIospilal), in an aggregale principal amouot oot to exceed $8,000,000 (the "Bonds") pursuant to the Act to (i) refund a previons issue of the Issuer's Hospilal Facility First Mortgage Refundiog and Improvement Revenue Bonds, Series 1977, (the "Prior Bonds"), (ii) fund a debt service reserve fund for too Bonds, and (iii) puy costs incurred in connection with the illuance of the Boods and the refunding of the Prior Bonds; and 434 435 Regular Session, December 6, 1993 Wbercas, the Issuer has heretofore issued the Prior Bonds and its $10,700,000 Hospital Reveoua Honda (The Finley Hospital Project), Saries 1992 (the "Sari.. 1992 Bonds"), pursuant to that certaio Indenture of Trust daled as of September I, 1977 as amended and supplemenled by a First Suppiemeotal Indenture of Trust dalcd as of August 15, 1992 (together the "Exisling Indeotorc"), betweeo the llIuer and the Truslce (as defiucd io the Existing Iodeotorc) and bas loaned the proceeds of the Prior Bonds and the Series 1992 Bonda to the Hospilal pursuant to a Loan Agreement daled as of September I, 1977 as amended by a First Amendatory Loan Agreement doled as of August 15, 1992 (together the "Exisling Agreement") betweeo the Hospital and the Issuer for the purpose of financing certain projects and refuodings for the Hospital sat furth therein; and Wbercas, the Issuer has determiued that the amount necessary to defray all or a portion of the cost of refunding the Prior Bonds, wi1l require the issuance by the Issuer of the Bonds pursuant to the provisions of the Ac~ and pursuant to the Existiog Indeotorc as ameoded and supplemenled by a Sccood Supplemental Indeotorc of Trus~ (the Esisting Indeoture as amended and supplemenled by the Second Supplemenlal Indeoture of Trust is hereinafter referred to as the "Indcoture") and loan the proceeds of the Boods to the Hospilal pursuant to the Esisting Agreemeot as amended and supplemenlcd by a Second Ameodatory Loan Agreement (the Eslsling Agreement as amended and supplemenled by the Second Amendatory Loan Agreement is hereinalter referred to as the "Agreement"); and Wbercas, the Bonds, if issued, shall be limiled obligations of the Issuer and shall not conatitute nor give rise to a pecuniary liability of the Issuer or a charge againat its general credit or taxing puwcrs, and the principal of and interest and premiwn, if any, on the Bonds shall be puyable solely out of the revenues derived from the aforementioned Agreement or otherwise as provided therein; and Wbereas, pursuant to pnblished notice of inlcotion, this City Council has conduct a public bearing, as required by Section 419.9 of the Ac~ and this City Council deems it necessary and advisable to proceed with the issuance of the Bonds, and the loan of the proceeds of the Bonds to the Hospital; and Whereas, the Issuer proposed to se!1 the Bonds to John Nuveeo & Co. Incorporaled and Securities Corporation of Iowa (the "Underwriters"), as rcpresentalive for themselves and other purchasers. NOW, TIlEREFORE, BE IT RESOLVED BY TIlE CiTY COUNCIL OF TIlE CITY OF DUBUQUE, lOW A, as follows: Scc1ion 1. That, io order to refund the Prior Bonds, the Bonds be and the same are hereby authorized and ordered to be illucd pursuant to the Exisling Indeotorc as supplemented by the Second Supplemental lodentorc of Trus~ in subatanlially the form as bas beeo presanlcd to and considered by this Council and contaioing subatantially the terms and provisions set forth therein. and the forms, terms and provisions of the Bonds and the Second Supplemenlal Indeoture of Trust arc bereby approved, and the Mayor - and the City acrk are hereby authorized and dirccled to execute, attes~ seal and deliver the Second Supplemenlal Indenture ofTrust, and the Mayor and the City aerk are further authorized and dirccled to execute, attes~ seal and deliver the Bonds as provided in the Second Supplemental Indentorc of Trust, including the use of facsimile signatures as therein provided; it is the inlent hereof that the Bonds shall bear inlercst at rates which result in a maximum yield on any Bond of any maturity of oot to exceed 8.0% par annum io the aggregale and shall be in such aggrcgale principal amount not to exceed $8,000,000, shall mature on the dates and in the amounts and shall be subject to mandatory sinking fund redemption on such dates and io such amounts as shall be fioally deterorined by the Hospital and the Uoderwriters at the time of marketing of the Bonds. Section 2. That the Issuer loan the proceeds of the Bonds to the Hospilal, such loan of the proceeds of the Bonds to be ulilized pursuant to the Second Amendatory Loan Agreemen~ in substantially the form as has been presenled to and considered by this Council and containing substantially the terms and provisions set furth thereio, and the form terms and provisions of the Second Amendatory Loan Agreement are hereby approved, and the Mayor and the City Clerk are bercby authorized and dirccled to execute, atles~ seal and deliver the Second Amendatory Loan Agreemenl Sectioo 3. That the sale of the Bonds to the Underwriters pursuant ID a Bond Purchase Agreement (the "Purchase Contract"), by and betweeo'the Issuer and the Underwriters, in substantially the form as has been presenled to and considered by this Council and containiog substantially the Icn1)s and provisions sat forth therein at the price sat furth therein (plus accrued interest to the date of delivery of the Boods), is hereby authorized, ratified, approved and conftemed and the form terms and provisions of the Purchase Contract are hereby approved, and the execntion and Regular Session, December 6, 1993 delivery of the Purchase Contract by the Mayor are hereby authorized, ratified, approved and conlinoed. Section 4. That the use by the Uodcrwrilers of the Preliminary Official Stalemeot relating to the Bonds is hereby approved, and the Underwriter are hereby authorized to prepare and use a final official Stalement substantially in the form of said Preliminary Official Statement but with such changes therein as are required to conform the same to the terms of the Bonds, the Indentorc, the Agreemen~ and the Purchase Conlrac~ all in conoection with the salling of the Bonds to the pnblic, and the Mayor is hereby authorized and dirccled to execule said final Official Stalemeo~ provided that this authorization shall not be deemed to imply review or approval of ioformation cootained in the Preliminary Official Stalemeot and the final Official Stalement by the Issuer, except for information and stalements set forth under the captioos "The Issuer" and "Litigation - Issuer" therein. Section 5. That it is hereby found, determined and declared that the Bonds and interest and premium, if any, thereon shall never constitule the debt or indebledness of the Issuer within the mcw1iog of any conatitutional or statutory provision or limitation and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers, but the Bonds and inlerost and preorium, if any, thereof shall be payable solely and ooly from the revenues derived from the Agreement and the debt obligations of the Hospilal delivered pursuant thereto; and no part of the cost of issuance of the Bonds will be payable out of the general funds or other contributions of the Issuer (except the proceeds of the Bonds and any subaequent issues of honds parmi tied under the Agreement and the Indenture). I Section 6. That the Issuer hereby finds, determines and declares that (i) based upon data provided by the Underwrilers, the amount necessary in each year to pay the principal of, premium, if any, and inlerest on the Bonds proposed to be issued is set forth in the Agreement and the debt obligations of the Hospilal delivered pursuant thereto as a formula which wi1l insore that the Hospilal is obligaled to puy amounts sufficient to puy the principal of, premium, if any, and interest on the Bonds and the puyment of such amounts by the Hospilal to the Truslce pursuant to the Agreement is hereby authorized, approved and confirmed; and (Ii) based upun data provided by the Underwrilers, the amount necessary to pay each year into any reserve funds which this City Council deems advisable to establish in connection with the re1ircment of the Bonds is set forth in the Agreemeot and the Indentorc and no other reserves are deemed necessary or advisable io conoectioo with the re1ircmeot of the Bonds or for any other purpose. Section 7. That the Mayor and the City Clerk are hereby authorized and direclcd to execUIe, attes~ seal and deliver any and all documents and do any and all things deemed necellary to effect the issuance and sale of the Bonds and the execution and delivery of the Second Amendatory Loan Agreemeo~ the Second Supplemenlal Indenture of Trus~ the Official Stalement and the Purchase Contrac~ and to carry out the inlent and purposes of this Resolution, including the prcørnble hereto; the City's Spacial Counael is hereby authorized and dirccled to assist in the final preparation and drafting of such documents and to approve any revisions thereto and the execution by the Mayor and, if required, the City Clerk, of the Bonds, the Second Supplemenlallndenture of Trust, the Second Amendatory Loan Agreement, the Purchase Contract and the Official Stalcment (to the extent authorized in Section 4 hereof) with the approval of the City's Spacial Counse! shall constitute conclusive evidence of their approval and this City Council's approval thereof and of any and all changes, modificationa, additions or deletions therein from the respective forms thereof now before this meeting. Section 8. That the provisions of this Resolution are hereby declared to be sepurable and if any action, phrase or provision shall for any reason be declared to be invalid, such declarstioo shall not affect the validity of the remainder of the sectioos, phrases and provisions. Section 9. That this Resolution shall become effective immediately upon its passage and approval. Passed, approved and adopled this 6th day of December, 1993. James E. Brady Mayor 436 Attest: Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Y cas-Mayor Brady, Couocil Members Kluesner, Krieg, Nagle, Robbins, Voetberg. Nays-None. Absent-{;ouncil Member Nicholson. Council Member Nicholson enlered the meeting at 8:29 p.OL Proof of Publication certified to by the Publisher on Notice of Public Hearing to Regular Session, December 6, 1993 437 Regular Session, December 6, 1993 438 economic development and rehabilitation efforts; and Wbercas, the Iowa Urban Renewal Law requires that before orban renewal powers may be cxcrcised, a City Council must adopt a rcaolutioo finding that the area in question is a slum area, a blighled area or an economic development area, and designating such area as appropriate for urban renewal activities. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: Section 1. That the following deScribed ' area, to be known as "Old Maio,'" is a blighled area and an economic development area as defined by Chapter 403 of the Iowa Coda and is appropriate for an urban renewal projec~ to wit: That area bordered on the nurth by Fourth Strc8~ on the East by the 151161 highway cmridor, on the west by Locust Strc8t, and on the south by the Locust Strc8t coonector. Section 2. That the rehabilitation, conservation, redevelopmeot, and development of the area is necessary in the in_II of the residents of the City of Dubuque, Iowa. Section 3. That the Commuolty and Economic Development Department is hereby authorized to continue to work in coopcradon with Dubuque Main Stree~ Ltd. in its efforts to develop an appropriate amendmeot to the Downtown Urban Reuewal plan. PASSED, APPROVED AND ADOPTED this 6th day of December, 1993. James E. Brady Mayor consider ameoding the Urban Renewal Plan for the Downtown Urban Renewal Projec~ conmw1icadon of Long Range Planning Commission endorsing propOSed urban reoawal plan amendment with a further amendment to Section B.2!.; convnunicadon of City Manager requesting approval to the amendment of the existing TIP Distric~ comnIw1ication of ODDC eodorsing passage of Resolution of Necessity regarding the downtown urban reoawal district and comri1unication of Chamber of Commerce supporliog passage of Resolution of Necassity for the Old Main Distric~ prescnled and read Council Member Vocthcrg moved that the proof and convnw1ications be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Ycas-Council Members Klues_, Krieg, NosIe, Nicholson, Robbins, Voethcrg. Nays-Mayor Brady. Hugh Lamon~ of ODDC, and Cindy Sleinhauser, Dubuque Main SL Ltd., spoke, endorsing the plan. Tim Patterson, spoke concerning the abandoned buildings downtown. Bud Isenhart spoke clarifying tax specifics of the proposed undertaking. John Hafkemeycr representing the Chamber of Commerce, and Chuck Fiegan of 2545 Wilbricht Lane, hoth apoke supporting the projecL Wbereas, on May 18, 1967, the City Council of the City of Dubuque, Iowa, after public hearing, duly adopled an Urban Reoawal Plan (the "Plan") for the Downtown Urban Renewal Area Project Iowa R-15 (the "District"); and Wbercas, said Plan bas beeo amended from time to time to accommodalc changes in proposed land use and property acquisition and dispusition activities; and Wbercas, the City of Dubuque proposes to make certain amendments to the Plan to provide for the establishment of a loan program for the rehabiliunion of properties within the project area; and Wbercas, the Long Range Planning Commillion has reviewed the proposed amendment to the Plan and has found that said document conforms to the gcocral plan for the deve!opment of the City of Dubuque as a whole and bas Iransmitted its findings to the City Council; and Wbereas, the City Couocil, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed modification arler public notice thereof by published notice and bas found that the amendment conforms to the purposes of the Plan and the general plan for the development of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section !. That the Urban Renewal Plan for the Downtown Urban Renewal Projec~ Iowa R-15, be amended by adding the following sections: Urban Renewal Plan Obiectives B.2!. To crcaIc the financial incentives necassary to encourage and enhance the expansion and rehabilitation efforts of existing busiuesses and to attract uew businesses to the project area. Types of Prot>osed Reoewal Action: Conaervation and Rehabilitation B.3.b.(3) Use of tax increment financing, loans, grants and other appropriale financial tools in support of eligible public and private conservation, preservation, development and redevelopment efforts including but not limiled to facade improvemeots, the adaptive re- use of existing structnres and code compliance. B.3.b.(4) De vel 0 p men tan d implementation of a program for the repair, restoration, and renovation of historic buildings and relaled improvements. sals Activities 'ectives of this Plan and to encourage the development of the District and priValc investment tbcrcin, the City of Dubuque is prepared to provide financial assistance to qualified businesses through the making of loans or grants under Chapter 15A of the Iowa Coda and through the use of tax increment financing under Chapter 403 of the Iowa Coda. 5.a. Chapler 15A Loan or Grant The City of Dubuque has delermined that the making of loana or grants of public funds to qualified industries and businesses is necassary to aid in the planning, undertakiog and completion of urban reuewal projects authorized under this Plan within the mcw1ing of Section 384.24(3)(q) of the Iowa Code. Accordingly, in furtherance of the objectives of this plan, the City of Dubuque may determine to issue hoods, in reliance upun the authority of Section 384.24(3)(q), Section 403.12 (general obligation bonds) or Section 4æ.9 (tax increment honds), for the purpose of making loans or grants of public funds to qoalified businesses. Allematively, the City may delcrmine to use available funds for the making of such loana or grants. In determining qualifications of recipients and whether to make any such individual loana or grants, the City of Dobuque shall conaider one or more of the factors set forth in Section 15A.I of the Iowa Code on a case-by-case basis. 5.b. Tax Increment Financi02 The City of Dubuque is prepared to utilize tax increment financing as a means of financing the public costs incmred io furtherance of this Plan. Bonds may be issued by the City under the authority of Section 403.9 of the Iowa Coda (tax increment honds) or Section 384.24(3)(q) and Section 403.12 (general obligation honds). Tax increment reimbursement may be sought for, among other things, the following costs to the extent they arc incmred by the City: a. Planning and adminislradon of the Plan; b. Conatruction of public improvemeots and facilities within the Distric~ c. Acquisition, installation, mainlenance, and replacement of public iovestments tluoughout the Distric~ d. Acquisition of land and/or buildings and preparation of toame for sale to privale developers, including any "wrile down" of the sale price of the land and/or building; RFSOLUTION NO. 370.93 A RESOLUTION OF NECESSITY FINDING THAT "OLD MAIN" IS BOTH A BLIGHTED AND AN ECONOMIC DEVELOPMENT AREA AND THAT DEVEWPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA Attest: Mary A. Davis City Clerk Council Member Voathcrg moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vole: Yeas~ouncil Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-Mayor Brady. ' Wbercas, Dubuque Main Stree~ Ltd. believes that the expansion of the Downtown Urban Renewal Peoject Area (Iowa R-15) will preserve the historic character of the "Old Main" busioall district and enhance its atttactiveness as a location for new and expandiog commercial, enlertainment and residential activities; and Whe......, Dubuque Main S""'~ Ltd. and the "Old Main" property owners have been worldng to prepare an ameoded Urban Reoawal Plan which, when completed, will be presented before the City CoWicil for conaideration; and Whereas, the City Council has considered said requell and believes that the expansion of the Downtown Urban Renewal District willenbance the City of Dubuque's ongoing RESOLUTION NO, 371-93 A RFSOLUTION AMENDING THE URBAN RENEWAL PLAN FOR THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R. 15, TO ALLOW THE CITY OF DUBUQUE TO ESTABLISH A LOAN PROGRAM FOR THE REHABILITATION OF PROPERTIES LOCATED WITHIN THE DISTRICT 439 Regular Session, December 6, 1993 RegiJIar Session, December 6, 1993 eo Preservation, conservation, development or mdcvelopmcot of buildiogs or facilities within tba district to be sold or leased to qualifying for-profit and DOl-for project organizaliona; f. Loana or geants to qualified businesaes under Chapter 15A of the Iowa Coda, including debt service payments on any honds issued to finance such loans or geants, for Puq>0SC8 of expanding the busioell or activity, approved facade rehabilitation efforts, or other qualifying loan programs established in aopport of the Plan; and g. Providing the matchiog share for a variety of local, state and federal geants and loana. Section 2. That the City acrk of the City of Dubuqoe, Iowa is hereby authorized and direcled to file a ccrdfied copy of the Resolution in the office of the Dubuque County Rccorder. Passed, approved, and adopled this 6th day of December, 1993. James E. Brady Mayor Attest: Mary Ao Davis City aerk Council Member Vnetberg moved adoption of the Resolution. Seconded by Council Member Krieg. Catried by the following vote: Ycas-Council Members Kluesoer, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-Mayor Brady. Proof of Publication ccrdfied to by the Publisher on Notice of Hearing to consider a proposed amendmeot to the Final Stalcment for the Community Development Block Grant 19th Program Year; communication of City Manager recommending approval to file Amended Final Stalcment and approving Loan Agreement with Cooper Wagon Factory; commw1icarlon of Chairperson of Community Development Commillion rccommcoding adoptioo of Amendment No. I to the Fioal Statement and submitting their unapproved minutes of the meeting of 11-22- 93; communication of HUD advising the "City's Plan to Accelerate Use of CDBG Funds" Is acceptable, presented and read. Council Member Krieg moved that the proof and convnw1icarlons be received and filed. Seconded by Council Member Nagle. Catried by the following vole: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle, Nicholson, Robbios, Voethcrg. Nays-Noue. Walter Pregler, Chair of CD Comm, Cindy Sleinhauscr, Jerry Anrlcraon and Paula Stenlund all apuke endorsing the Loan AgrcemenL Passed, approved and adopled this 6th day of December, 1993. James E. Brady Mayor RESOLUTION NO. 372-93 RFSOLUTION APPROVING AND AUTIIORIZING THE FILING OF FINAL STATEMENT OF COMMUNITY DEVEWPMENT OBJECTIVES AND PROJECTED USE OF ' FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT 19m PROGRAM YEAR (AMENDMENT NO.1) , Attest: Mary A. Davis City aerk Council Member Krieg moved adoptioo of the Resolution. Seconded by Council Member Nagle. Carried by the following vole: Y eas,-Mayor Brady, Council Members Kloesner, Krieg, Nagle, Nicholson, Robbins, Vnetberg. Nays-None. Whereas, uoder provision of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and filed a Final Statement of Convnunity Deve!opmeot Objectives and Peojecled Use of Funds for the Convnunity Development Block Grant 19th Program Ycør ("Stalcmeot") on June I, 1993; and Whereas, the City of Duhoque now desires to amend said Statement to recogni~e an increase in projecled revenues and changes in proposed activities; and Whereas, the Department of Convnunity and Economic Development has prepared an amended Stalement entitled" Final Statement Convnunity Development Objectives and Peojecled Use of Funds (Amendment No. I)", a copy of which is attached hereto and made a part hereof; and Whereas, a public beadng was held on December 6, 1993, at which time the public was provided an opportunity to comment on the proposed Amended StalemenL NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectioo 1. That the attached Final Statement Commuoity Development Objectives and Projected Use of Funds (Amendment No. I) is hereby adopled and the Final Stalemeot filed with the U.S. Department of Housiog and Urban Development on June I, 1993 is hereby rescioded. Section 2. That the Mayor is hereby authorized and directed to execute all documentation necessary to the filing of the amended Stalement with the U.S. Department of Housiog and Urban Development Section 3. That the City Manager is hereby authorized and direcled to submit the ameoded Statemeot to the U.S. Department of Housing and Urban DevelopmeoL , RESOLUTION NO. 373.93 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LOAN AGREEMENT WITH THE COOPER WAGON FACTORY DEVELOPMENT CORPORATION 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 Block Grant (CDBG) funds for the purpose of stimulating community development activities; and Whereas, the Couper Wagon factory building at 299 Main Street represents, in its current condition, a hazan to the health and safety of the general public and as such has been found to be in a stale of physieal decay and blight as defined by the Iowa Code; and Whereas, the City of Dubuque, Iowa desires to assist the Cooper Wagon Factory Developrucnt Corporation in its efforts to bring said property into compliance with local building and safety codes and ordinances and to eliminale certain conditions of physical decay; and Wbercas, a Loan Agreement a form of which is hereto attached and by this reference made a part hereof, is to be execuled by the Couper Wagon Factory Development Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they arc hereby authorized and direcled to execuœ, on behalf of the City of Dubuque, Iowa, the attached Loan Agreement providing for a $250,000 loan to the Couper Wagon Factory Development Corporation. Section 2 That the City Manager be and he is hereby anthorized to dishorse loan funds ITom the Community Developn.,nt Block Grant (CDBG) eotitlement fund in accordance with the Icrms and conditiona of the excculed Loon AgrcemenL Passed, approved and adopled this 6th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Krieg moved adoption of the Resolution. Seconded by Couocil Member Nagle. Catried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Vnetberg. Nays-None. Proof of Publication ccrdfied to by the Publisher on Notice of Public Hearing to conaider reclassifying property localed West of Hatrison, East of Locust and South of Jones Streets ITom C-3 to POS District, presenled and read. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Catried by the following voœ: Yeas-Mayor Brady, Council Members Klnesner, Krieg, Nagle, Nicholson, Robbins, Vnetberg. Nays-None. An Ordinance Amending Zoning Ordinance by reclassifying said property ITom C-3 General Commercial District to POS Public Open Space, said Ordinance having boon presenled and read at the Council Meeting of 11-15-93, presenled for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 63-93 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF TIlE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY WEST OF HARRISON, EAST OF LOCUST AND SOUTH OF JONES STREETS FROM C.3 GENERAL COMMERCIAL DISTRICT TO POS PUBLIC OPEN SPACE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also knowo as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property west of Hatrison, cast of Locust, and south of Jones Streets from C.3 General Commercial District to POS Public 440 441 Regular Session, December 6, 1993 Open Spo<:e Distric~ as shown on the exhibit map. Section 2. That the foregoing amcodmcnt bas heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa, P8iIsed, approved and adopted this 6th day of December, 1993. Attest: Mary A. Davis City Cierk Published officially in Herald oewspupcr this December, 1993. James B. Brady Mayor the Telegraph 14th day of It 12114 Mary A. Davis CMC Cityacrk Council Member VoetbeIg moved final adoption of the Ordinance. Seconded by Council Member Kloesner. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voelhcrg. Nays-None. Proof of Publication ccrdfied to by the Publisher on Notice of Public Hearing to cousider reclassifying property located East of White Street and West of the alley betweeo White and Jackson Street and between 5th and II th Streets from HI to C-4 Distric~ presenled and read. Council Member Voetberg moved that the proof of publication be received and Iiled. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voelhcrg. Nays-None. Darren Hannon on behalf of Jeld-Wen, Lynn Michels of Quick Lube, Attorney Leo McCarihy representing Eagle Window & Doors, all spoke objecting to the Ordioance as proposed. An Ordinance Amendiog Zoning Ordinance by rce1assifying said property from HI Heavy Industrial District to C-4 Downtown Commercial Distric~ said Ordinance denied by Zoning Commission, with first reading only given on 11-15-93, presenled for final action. Council Member VoetbeIg moved to concur with denial. Seconded by Council Member Krieg. Catried by the following vote: Yeas-Mayor Brady, Council Members Kloesuer, Krieg, NosIe, Nicholson, Robbins, Voetberg. Nays-None. Proof of Publication ccrdfied to by the Publisher on Notice of Public Heariog to conaider rce1assifying property located South of 12th Stree~ East of Jackson Street and East of the alley between While Street and Jackøon Stree~ betwoeo 5th and II th Stree~ to Freeway 61/151 from HI to MIll Distric~ preseoled and read. Council Member Vocthcrg moved that the proof be received and Iiled. Seconded by Council Member Krieg. Catried by the following vole: Yeas-Mayor Brady, Council Members Kluesoer, tr.ricg, Nagle, Nicholson, Robbins, VoetbeIg. Nays-None. An Ordinance Ameoding Zoning Ordinance by reclassifying said property from HI Heavy Indnstrial District to MIll Modified Heavy lodustrial Distric~ said ' Ordinance denied by Zoning Commission, first readiog only given on 11-15-93, preseoled for final actioo. Council Member VoetbeIg moved to concur with the denial. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Couocil Members Kloesoer, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Council recessed at 9:10; Council reconvened at 9:27. Convnunicadon of Gail Naughton, Chair or Historic Preservation Commillion requesting appointments of Kevio Eipperle and Dan Plisak to Historic Preservation Commission, preseoled and read. Council Member Krieg moved that the convnunicatioo be received and filed and concurred with appointments. Seconded by Council Member Robbins. Carried by the following vole: Yeas-Mayor Brady, Council Members Kloesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Art Ordinance Amending Code of Ordinances by adding a new Chapler IRA, Environmen~ Establishing an Environmental Slewardship Commission and providing for the compoaition thereof and the appointment process therefore; providing for the powers of such Commillion; and providiog for the Organization of the Commillion and the Procedures for its operations, with first rcadiog given on 11-1-93 and 2nd reading given on I 1-15-93, presenled for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 64-93 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING A NEW CHAPmR I&A, ENVIRONMENT, ESTABLISHING AN ENVIRONMENTAL SmWARDSHIP COMMISSION AND' PROVIDING FOR THE COMPOSITION THEREOF AND Regular Session, December 6, 1993 THE APPOINTMENT PROCESS THEREFOR; PROVIDING FOR THE POWERS OF SUCH COMMISSION; AND PROVIDING FOR THE ORGANIZATION OF THE COMMISSION AND THE PROCEDURES FOR ITS OPERATIONs. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. The Code of Ordinances of the City of Dubuque, Iowa, is amended by adding the following oew Chaplcr IRA: CHAPTER IRA ENVIRONMENT ARTICLE I. ENVIRONMENTAL smw ARDSHIP COMMISSION Sec. IRA-I. Environmenlal Stewarrlahip Commission crcaled; composition. There is hereby crcaled an Environmeotal Slewardship Commillioo, which shall conaist of seven (7) members, who shall all be residents of the City of Dubuque, and shall include a member rcprasenling those who will inherit the eovironment (a person between the ages of 16 and 20 at time of appoiotment), and 6 members who shall ioclude representatioo from diverse segments of the City's popolation. It is desirable to select some members who may have helpfol backgeounds with environmentallbiological science, health care, business\iodusrry, and environmental\civic groups. Sec.I8A-2 Applicationandappuintment procell. The appointment P"'CC8S to the Commission by the City Council shall include at least the following: (I) Ao application form requesting basic informadon on the education, training, experience, expectationa and other qualifications of the applican~ (2) Notice to and an opportonity for the general public to comment in wriling on the qualifications of each applican~ and (3) A formal interview by the City Council to determine the applicant's qualifications and ability to I effectively serve on the Commission. Sec. IRA-3. Term; lerm limits; Iilling of vacancies; compensation. The lerm of office for a member of the Commission, other than the yonth representative, shall be tbrcc (3) years, or uotil a successor is doly appoinled. However, two (2) of the initiallerms shall be for a term of one year; two (2) of the initial terms shall be for two years; and two (2) of the initial terms shall be for tbrcc years. The yooth representative shall be for a lerm of one ycør, expiring on Jnoe I of the following year; the inidal term shall expire June I, 1994. A Commission member may be removed at anytime with or without cause by a vole of two-thirds (213) of all members of the City Council. A vacancy 00 the Commission caused by resignation or othcrwiac shall be filled by appointment by the City Council for the remainder of the unexpired term. Members of the Commission shall serve without compensation except for actual expenses, which shall be subject to approval by the City Council See. IRA-4. Duties. The duties of the Commission shall be as follows: 1. To develop, articulalc and propuae goals, objectives and policies for the slewardship of the City's environment and its ecological syslems for present and future generations. Ao initial report to City Council should be compleled within a ycør and thenceforth periodically. It shall also inclnde sections on the current condition of the City's natural environments and on the progress being made in achieving the City's environmental quality goals. 2. To advise and inform the City Council on environmenlal slewardship issues, iocluding the implementation of and compliance with, legislatioo, regulations and pulicies. 3. To hold public forums on specific issues at the direction of the City Council. 4. To provide, upuo reques~ to other boan1s, commissions and City departments information for environmenlal educational programs, educatiooal malcrials, and environmenlal volunteer opportunities. 5. To provide input to the Long-Range Plaoning Commission regarding environmenlal slewardship issues' in the comprehensive plan. Sec. IRA-5. Organization. The Commission shall choose annually, at its first meeting of the fiøcaI ycør, one of its members to act as cbairperson, and another of its members to act as vice chairperson, to perform all of the duti.. of the chairperson duriog the chairperson's absence or disability. The Commission shall adopt such rules and regulations governing its organization and procedures as it may deem necessary. The Commission shall meet as necessary to fulfill the porpose for which the Commissioo was crcaled. Members of the Commillion shall attend at least two-thirds of all regolarly scheduled meetings witltln any 12-month period. If any member fails to attend such prescribed number of mcedogs, such failure shall conatitule grounds for the Commillion to recommend to the City Council that said 442 443 Regular Session, December 6, 1993 member be replaced. Attendance of all membera shall be entered on the OIiou.... All mcadnga of the Commission shall be held in accordance with the proviidOOl of the Iowa Opao Meatinga Law. The CommislÎoo shall file with the CIty aerk a copy of the minules of each meeting of the Commillion within !co working days after such meetiog. See. llA-6. Procedures for Operation. All administrative, pcrsonne!, accounting, budgetary and procurement pulicies of the City shall govern the Commission io all its operations. Passed, approved and adopled thia 6th day of December, 1993. Attest: Mary A. Davis City aerk Published officially in Herald newspupcr this December, 1994. James E. Brady Mayor the Telegraph 14th day of It 12}l4 Mary A. Davis CMC City Clerk Council Member Voetberg moved final adoption of the Ordinance. Seconded by Council Member Nagle. Canied by the following vole: Yeas-Mayor Brady, Council Members Kluesner. Krieg, Nagle, Nicholson, Robbins, Voelhcrg. Nays-None. Petitioo of Carol Dunlap, requesting to address the Council regarding reoarniog Rivcrview Park to Miller-Rivcrview Park, prescnled and read. Council Member Kluesner moved that the petition be received and filed and name change approved. Seconded by Couocil Member Voethcrg. Carried by the following Vole: Yeas-Mayor Brady, Couocil Members Kluesner, NosIe, Nicholson, Robbins, Voetberg. Nays-None. Abstaio--Council Member Krieg. Carol Dunlap and Francis Giunta, of the Dubuque Fed. of Labor, spoke to the petition requesting the nama change. Communication of David Rusk, Chairperson of Long Range Planniog Commillion to present the Dubuque Riverfront Plan, presenled and read. Council Member Robbins moved that the commw1ication be received and filed and referred to the January 24th session. Sccooded by Council Member Nosle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager subminiog Oedinance providing for two-hoor parkiog zone 00 Bryant Street and commw1ication of Bryant PTA Safety Committee advising of their io!cot to improve the parking situation at Bryant School; communications of Ray Robert and Pat Boyotoo exprelling concerns regarding proposed parlling restrictions 00 Bryant Stree~ convnunications of Tom and Lynn Budde opposiog proposed Ordinance; Don Truman submitting petitioo cootaining 10 signatures opposing the Ordinance, presenled and read. Council Member Krieg moved that the communications be received and, filed. Seconded by Council Member Voctberg. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholsoo, Robbins, Voetberg. Nays-None. An Ordinance Amending Code of Ordinances by adding Bryant Street to the Two Hour Time Zones designated in Subsection (c) of Section 32-262 (Bryant Stree~ hoth sides, from Mt. Loretta to South Grandview Ave.), presenled and read. Council Member Krieg moved that action on this matter be deferred to the March 7th Council Meating. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholsoo, Robbins, Voetberg. Nays-None. Communication of City Manager requesting approval for inatallation of Fiber Optic Link betwcco City Hall and City Hall Anuex, presenled and read. Council Member Voetberg moved that the convnw1ication be received and filed and approved requesL Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Couocil Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetherg. Nays-None. Communication of City Manager requesting approval of a contract amendment with HUD for administration of Housing Certificate Program No. IA05-EO87-016, presenled and read. Couocil Member Voetberg moved that the communication he received and filed. Seconded by Council Member Nosle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voethcrg. Nays-None. RESOLUTION NO, 374-93 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION g Regular Session, December 6, 1993 444 EXISTING HOUSING CERTIFICATES, PROGRAM NO. IAO5-E087.o16. Wbercas, the City Council has authorized an applicatioo to the US Departmeot of Housiog and Urban Development (HUD) for additional Section 8 Program Housing Certificales; and Whereas, the Departmeot has approved this application and offered the City an amendment Aonual Contributioos Contract for administration of this program; and Whereas, the Department requlrcs execution of this contract for release of funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be and be is hereby authorized and direcled to csecute an Annual Contributions Conlrac~ with the US Department of Housing and Urban Developmen~ for Project No. IA05-E087- 016, under masler Annual Contributions Conlract No. KC-9004E, on behalf of the City of Dubuque. Section 2. That the City Manager is hereby authorized and directed to forward said execuled contract and supporting documents to the DepartmenL Section 3. This resolution sball take effect irnmedialely, Passed, approved and adopled this 6th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Canied by the following vole: Yeas-Mayor Brady, Council Members Kluesoer, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager requesting approval of a contract amendment with HUD for adminislration of Housing Voucher Program No. IA05-VO87-016, presenled and read. Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Robbins. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO, 375-93 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION g HOUSING VOUCHERS, PROGRAM NO. IAO5.V087-016, Wbercas, the CIty Council has authorized an application to the US Departmeot of Housing and Urban Development (HUD) for additioual Section 8 Program Housing Vouchers; and Wbercas, the Department has approved this application and offered the City an amendment Aooual Contributioos Contract for administtation of this program; and Wbercas, the Department requlrcs execution of this contract for release of funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be and he is hereby authorized and dirccled 10 execute an Annual Contributioos Conlract, with the US Department of Housing and Urban Development, for Project No. IA05-V087- 016, under master Annual Contributions Conlract No. KC-9004E, on behalf of the CIty of Dubuque. Section 2. That the City Manager is hereby authorized and direcled to forward said execuled conlract and supporting documeots to the DepartmenL Section 3. This resolution shall take effect immcdialely, Passed, approved and adopled this 6th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager submitting 1993 Sidewalk lnapection and Repair Program - Assessable Properties and commw1ication of Public Works Director to City Manager, advising the assessment for 491 Alpine SL has been paid in full and requests to delele that assessment from the project, presented and read. Council Member Kluesner moved that the communications be received and filed. Seconded by Council Member Robbins. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. 445 Regular Session, December 6, 1993 RFSOLUTION NO. 37'-93 A RFSOLUTION ADOmNG THE FINAL ASSESSMENT SCHEDULE FOR 1993 SIDEWALK REPAIRS INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, TilE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That after full conaideration of the final schedule of assessmeots and accompanying plat showing the assellments proposed to be made for the 1993 Sidewalk Repairs which final plat and schedule were filed in the office of the City aerk on the 1st day of December, that said schedule of assessments be and the same is hereby approved and adopled. That there be, and is hereby assessed and levied as a special tax agaiost and upon each of the lots, the respective sums indicaled. Provided, further, that the amounts shown in said final schedule of assellments as deficiencies arc found to be proper and levied conditionally against the respective properties benefitted by the improvements as showo in the schedule, subject to the provisions of Section 384.63, Code of Iowa. Said assessments against said lots arc hereby dce18Ied to be in proportion to the special benefits conferled and not in axcell of twenty-five percent of the value of same. Assessmeols of $100.00 or more arc payable in 5 equal annual inslallmeots, with inlcrcst on the unpaid balance, all as provided io Sectioo 384.65, City Code of Iowa. Conditional deficiency wessments, if any, may be levied agalnat the applicable property for the same period of years as the assessmeots arc made payable. Assessmeols may be paid in full or in part without inlcrcst at the office of the County Treasurer, at any time within 30 days after the dale of the first publication of this notice of the filing of the fiual plat and schedule of assessments with the County Treasurer. Unless said assessments arc paid in full witldn said thirty day period all unpaid assessments will draw annual interest compuled at 9 perccot (commencing 00 the date of acceptance of the work) computed to the December 1st next following the due I dates of the respective iostal1ments. Each iostal1meot will be dclioqueot on ScpIcmbar 30th following its due dale on July 1st in each year. Pmpcrty owners may elect to pay any annual instalJrocnt semiannually in advance. That the City aerk be sod is hereby dirccled II> certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said cerlification 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 tba final schedule. The City aerk shall also aend by cerlified mail to property owners whoae property is subject to assellment a copy of said notice, and mailing to be on or before the dale of the second publication of the notice, all as provided and dirccled by Section 384.60 of the Code of Iowa. Passed, approved sod arlopled this 6th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk NOTIŒ OF FILING OF THE FINAL PLAT AND SCHEDULE OF ASSESSMENTS AGAINST ABUmNG PROPERTIES FOR 1993 SIDEWALK REPAIRS WITHIN THE CITY OF DUBUQUE, IOWA TO THE PROPERTY OWNERS OF THE FOlLOWING ABUTTING PROPERTIES FOR TIlE 1993 SIDEWALK REPAIRS WITHIN THE CITY OF DUBUQUE, IOWA: 1. Lot 2 Jaeger Subdivision 2. Lot 2 Bisping Place 3. N 60' 4" NU5 CL 464 4. Lotl-lofI50;of30fMLI79and Lot2-lofE.150'of30fMLI79 5. Lot 9 Block 21A Key Knolls Subdivisioo 6. Lot 3 and Lot 1-2 C Klingenbergs 4th Addition 7. Lot 3 Block BB Key Knolls Subdivision 8. Sub 1-1-33 TS Nalmas Lot I 9. Lot 8 Deming & Horrs Sub 10. Lots 127, 12&, 129, 130 Hams Addition 11. Sub 1-1-3 & 4 Staffords Addition Lot I 12. S 1/2 L 58 and NI '6" of N 1/2 L 59 all in East Dubuque Addition You arc hereby ootified that the fioal plat and schedule of assessmeots against abutting properties, has beeo adopled and levied by the City Council of Oubuque, Iowa, and that said plat and schedule of assessments bas Regular Session, December 6, 1993 been cerlified to the Couoty Treasurer of Duhoque County, Iowa. Assessmeots of $100.00 or more arc payable in 5 equal anoual instal1meots, with inlerest on the unpaid balance, all as provided in Section 384.65, City Code of Iowa. Conditional deficiency assessments, if any, may be levied against the applicable property for the same period of years as the assessments arc made payable. You arc further notified that assellments may be paid in full or in part without inlcrcst at the office of the County Treasurer, at any time within 30 daya after the dale of the first publication of this notice of the filing of the final plat and schedule of assellments with the County Treasurer, which occurred on the 16th day of December, 1993. Unless said assessments arc paid io full witldn said 30 days period all unpaid assessments will draw annual inlerest compuled at 9 percent (commencing on the dale of acceptance of the work) compuled to the Decemher 1st next following the due dales of the respective inslallments. Each instal1meot will be dcliuquent on Seplcmber 30th I followiog its due dale on July 1st in each year. Property owners may elect to puy any annual inslallments aemiannua1ly in advance. All properties as described ahove have been asselled for the coot of the making of said improvemeots, the amount of each assessment and the amouot of any conditional deficiency assessment having been set out in the schedule of assessments and plat accompanying the same, which arc now on Iile in the office of the County Treasurer of Dubuque County, Iowa. For further informadon you arc referred to said plat and schedule of wessments. This Notice given by direction of the City Council of the City of Dubuque, Iowa, as prescribed by Code Section 384.60 of the City Code of Iowa. Mary A. Davis City Clerk CITY OF DUBUQUE SCHEDULE OF FINAL ASSESSMENT Owner Location Valuation With Improvement Tolal Assessment Lcibfried, Roger & Helcn, Lot 2 Jaeger Sub. $47,368.56 $158.56 Mueblemann, Charles & Mary Kay Lot 2 Bisping PI. $62,860.94 $140.94 Mourc, Kenneth J. & Linda N 60'4" NU5 CL 464 $75,951.19 $1,951.19 Lot I-I of 150' of 30fML 179&Lot20fE. 150' 00 of ML 179 $27,151.89 $281.89 Lot9,Blk21A Key Knolls $20,490.47 $70.47 Lot 3 & Lot 1-2 C Klingenberg Benn, Robert T. Hanael, Richard et aI Blaser, Richard & Susan 4th Addu $35,730.45 $440.45 Lot 3, Blk BB Key Knolls $51,001.42 $211.42 Kaltle, Michael J. Hamill, Donald & Jw1ice Sub 1-1-33 TS Nairns Lot I $70,710.47 $70.47 Lot 8 Demiog & HOlTs Sub. $46,300.47 $70.47 While,Maq¡ie Taylor, Raymond & Joan Lots 127, 128, 129, 130 Ham's Ad. $268,312.61 $202.61 Shaffer, Carolyn Foht Sub 1-1-3 &4 StalTords Addn. Lot I $28,240.92 $880.92 S 1/2 Lot 58 & N 1'6"ofN 1/2 Lot 59 all in East Dbq. Addn. $38,840.63 $780.63 Yoeger, Brian & Cyothia Council Member Kluesner moved adoption of the Resolution and directed the Clerk to cerlify the final schedule and to publish notice thereof. Seconded by Council Member Robbins. Carried by the following vote: Y eas-'Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. 446 Passed, approved and adoplcd this 6th day of December, 1993. Section 2. That the Code of Ordinances of the City of Dubuqoc, Iowa be amended by adding aarke Drive to Subacction (d) of Section 32-262 thereof as follows: aarke Drive, nurth side, from Hecb Street to Harold Street and from SL Amhmse Street to Asbury Road; south side, from North Grandview Avenoc to West Locust StreeL Passed, approved and adopled this 6th day of December, 1993. James E. Brady Mayor 447 Regular Session, December 6, 1993 Convnunication of City Manager submitting Ordioancc providing for two-bour parkiog zone on Clarke Drive and commw1ication of Mark Muosoo and Rachel " Brian Zeman submitting commcots on proposed parking restriction change on Ciarke Dr., presented and read. Council Member Kluesner moved that the convnw1ication be received and filed. Secooded by Council Member Krieg. Catried by the following vote: Yaaa-Mayor Brady, Council Members Kluesocr, Krieg, NosIe, Nicholsoo, Robbios, Voethcrg. Nays-None. An Ordioancc Amending Code of Ordinances by adding part of Clarke Drive to the Two Hour Time Zones designaled io Subacction (c) of Section 32-262 , preseoled and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 65-93 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING PART OF CLARKE DRIVE TO TIlE TWO HOUR TIME ZONES DESIGNA1ED IN SUBSECTION (e) OF SECTION 31. 161 PROVIDING FOR TWO HOUR PARKING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by de!eting aarke Drive from Subsection (c) of Sectioo 32-262 thereof as follows: Sec. 32-262. Prohibiled on desi2naled s~ons thereof. (c) Time zones designaled. Two Hour Time Zones ... Clarke Drive, north side, from North Grandview Avenue to the east ..-opcrty line of 1799 Clarke Drive Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by addiog aorta Drive to Subsection (c) of Section 32-262 thereof as follows: ~. Prohibiled on desi2naled streets or ¡xnûons thereof. (c) Time zooes designated. Two Hour Time Zones ... Clarke Drive, nurth side, from Nurth Grandview Avenue to the east property line of 1799 aarta Drive; wast side, from Ungs Street to north property liDO of 1687 aorta Drive Regular Session, December 6,1993 James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Tdegraph Herald newspaper this 14th day of December, 1993. It 12/14 Mary A. Davis CMC City Clerk RESOLUTION NO. 377.93 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granled a permit to sell Cigarettes and Cigarette Papers within said City. JJD, Inc. DiggersMy-Cap660 Iowa SL Passed, approved and adopted this 6th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City Cierk Published officially in Herald newspaper this December, 1993. Council Member Kluesner moved that this be conaidered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voled on for passngc at two Council meetings prior to the meeting at which It is to be finally adopled be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesoer, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. An Ordioance Amendiog Code of Ordinances by deleling porta of Ciarke Drive from Subsection (d) of Section 32.262 thereof providing for the prohibiling of parking, preseoled and read. the Telegraph 14th day of It 12114 Mary A. Davis CMC City Clerk Council Member Kluesner moved that this be conaidered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be conaidered and voled on for passage at two Couocil meetiogs prior to the meeting at which it is to be finally adopled be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Krieg. Carried by the following vole: Yeas-Mayor Brady, Council Members Kloesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. (OFFICIAL PUBLICATION) ORDINANCE NO. 66.93 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING PARTS OF CLARKE DRIVE FROM SUBSECTION (d) OF SECTION 31. 161 THEREOF PROVIDING FOR THE PROHWmNG OF PARKING NOW, TIlEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting Clarke Drive from Subsection (d) of Section 32-262 thereof as follows: ~ Prohibiled on desi.naled streets or ¡xnûons thereof. (d) No-parking-at-any.time zones designated Attest: Mary A. Davis City aerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vole: Yeas-Mayor Brady, Council Members Kloesner, Krieg, Nagle, Nicholson, Robbins, Voelhcrg. Nays-None. ... Clarke Drive north side, from Heeb Street to Harold Street, and on the north side from Ungs Street to the north property line of 1799 aarta Drive, and on the nurth side from SL Ambrose Street to Asbury Road; south side, from North Grandview Ave"ue to West Locust Street. 448 RESOLUTION NO. 37&-93 Whereas, applica1ions for Beer Permits have been submitted and filed to this Council for approval and the same have beeo examined and approved; and Wbercas, the premises to be occupied by such applicants ware inspecled and fouod to comply with the Ordinances of this c.1ty and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following oamed applicants a Beer PermiL CLASS "B" BEER PERMIT Local 94, UA W Local 94, UAW 3450 Central Ave. CLASS "C" BEER PERMIT Iowa Oil Co. lOCO Speede Shoppe 2150 Twin Valley Passed, approved and adopted this 6th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesuer moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vole: Yeas-Mayor Brady, Council Members Kloesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nays-None. RESOLUTION NO. 379.93 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspecled and found to comply with the Stale Law and all City Ordinances relevant thereto and they have filed pmper honds. NOW, TIlEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor Liceose. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE lostant Replay, loco Instant Replay 1602 Central Ave. 449 Regular Session, December 6, 1993 Passed, approved and adopIed this 6th day of Dcœmber, 1993. James E. Brady Mayor Attest: Mary A. Davis atyOerk Council Member Kluesuer moved adopdon of the Resolution. Seconded by Council Member Robbins. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicho1son, Robbins, Voetbcrg. Nays-None. Communicadon of City Manager requesling to set a public hearing on the Comprehensive Housiog Affordahility Strategy (ellAS) project for Dcœmbcr 20, 1993, presanled and read. Council Member Voetberg moved that the convnunicadon be received and filed and request approved and set Hearing for 12-20-93 at 7:30 p.m in the Public Library Auditorium and that the City Clerk publish notice in the manocr prescribed by law. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Convnunication of City Manager recommending to vacate a portion of Quince Street from Oak Street to aeveland Avenue, presenled and read. Council Member Voethcrg moved that the convnw1icadon 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. 3&0.93 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF QUINCE STREET FROM OAK STREET TO CLEVELAND AVENUE Wbercas, there bas bean presenled to the City Council of the City of Dubuque, Iowa. a plat daled October 15, 1993, prepaled by IIW Engineers & Surveyors, P.C.. describing the proposed vacaled portion of Quince Street from Oak Street to aeveland Avenue; and Wbercas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the plat daled October 15, 1993 prepared by IIW Engineers & Surveyors, P.C.. relative to the real estate hereinabove dcacribed be and the same is hereby approved, and the Mayor and City acrk be and they arc hereby authorized and dirccled to execule said plat for and on behalf of the City of Dubuque, Iowa. Section 2 The City reserves unto itself a twenty foot wide perpetual easemeot including the right of ingress and egress thereto, for the purpoae of erecting, ios1alling, constructing, rcconstructiog, repairing, owning, opcra1ing, and maintaining walcr, sewer and dosinage lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the City Clerk he and is hereby authorized and dirccIed to file said plat and certified copy of this resolution in the office of the Rccorder, in and for Duhoque County, Iowa. Passed, approved and adopted this 6th day of Dcce",ber, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voethcrg moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-Nouc. An Ordinance Vacating a portion of Quince Street from Oak Street to Cleveland Avenue (To be known as Lot 50A and 51A in Union Addition), preseoted and read. Council Member Voetberg moved that this be conaidcred the first reading of the Ordinance, and that the requirement that a proposed Ordinance be conaidcred and voled on for passage at two Council meetings prior to the meeting at which it is to be finally adopled be suspended and further moved that a Public Hearing be held on the Ordinance at the Council Meeting of 12-20-93 at 7:30 p.m in the Public Library Auditorium and that the City aerk publish notice in the manner prescribed by law. Seconded by Council Member Robbins. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-Nouc. RESOLUTION NO. 3&1.93 RESOLUTION DISPOSING OF CITY INTEREST IN LOT SOA AND LOT 51A IN UNION ADDITION IN 111E CITY OF DUBUQUE, IOWA Whereas, Michael L. Burke bas requesled the vacadng of a p<Jrtion of Quince Street from Oak Street to Cleveland Avenue; and Regular Session, December 6, 1993 450 Whereas, IIW Engineers and Surveyors, P.C. of Dubuque, Iowa has prepaled and submitted to the City Council a plat sbowing the vacaled portion of Quince Street and assigned lot oumbers thereto, which hereinaflcr shall be known and described as Lot 50A and Lot 51A in Union Addition in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Duhoque, Iowa bas dalcrmined that this purtioo of Quince Slrcct is no longer required for public use, and vacaling and sale of said portioo of Quioce Street known as Lot 50A and 51A in Union Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its inlerest in Lot 50A and Lot 51A in Union Addition in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 51A in Unioo Addition in the City of Duhoque, Iowa to Michael L. Burke be cootingent upoo the payment of $959.00, plus one-half of publication and filing fees, and that the conveyance of Lot 50A in Union Addition in the City of Dubuque, Iowa to Bruce & Sharon Schmitt be contiogent upon paymcnt of $959.00, plus one-half of publication and filing fees. Section 3. The aty reserves unto itse!f a twenty foot wide perpetoal easement including the right of ingress and egre.. thereto, for the purpose of erecting, iostalling, coostructing, reconstructing, repairing, owning, opcradng, and maintaining waler, sewer and dosinage lines as may be authorized by the City of Dubuque. Section 4. That the City aerk be and is hereby authorized and directed to cause a notice of iolent to dispose of said real estate to be published in the manuer as prescribed bylaw. Passed, approved and adopted this 6th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetberg moved udoption of the. Resolution. Seconded by Council Member Robbins. Carried by the followiog vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nays-None. Communication of City Manager submitting documents providing for the Farley Street Sanitary Sewer Reconstruction Peojcc~ presenled and read. Council Member Klueaner moved that the convnw1ication be received and filed. Seconded by Council Member Voethcrg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, NichollOO, Robbios, Voethcrg. Nays-None. RESOLUTION NO. 3&2-93 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimaled cost for the Farley Slrcct Sanitary Sewer Recoostruction, in the estimaled amount of $49,981.45, arc hereby approved and oniered liIed in the office of the City aerk for public inspection. Passed, adopled and approved this 6th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesuer 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, Voetbcrg. Nays-None. RESOLUTION NO. 3&3.93 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Cooncil of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specificationa, and form of contract and placed same on file in the office of the City aerk for public inapection of the Farley Street Sanitary Sewer Reconstruction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF TIlE CITY OF DUBUQUE, IOWA: That on the 20th day of December, 1993, a public hearing will be he!d at 7:30 p.oL in the Public Library Auditorium at which lime inlcresled persons may appcør and be heard for or against the proposed plans and spccificationa, form of contract and cost of said iroprovemen~ and the City Clerk be and is hereby dirccled to cause a notice of time and place of such hearing to be published in a newspaper haviog general circulation in the City of Dubuque, Iowa. which notice shall be oot less than four days nor more than tweoty days prior to the day fixed for its 451 Hall Aonex Ramodeliog Projec~ presented and read. Council Member Kluesner moved that the commw1icalioo be received and ffied. Seconded by Council Member NichollOD. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholsoo, Robbins, Voetbctg. Nays-Nooe. RFSOLUTION NO. 3&7.93 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Hall Annex Renovation Project is hereby OIdercd to be advertised for bids for conalruction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall cooform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopled. That the City Clerk is hereby direcled to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation In the City of Dubuque, Iowa, which notice shall not be less than four days nor more than tweoty days prior to the receipt of said bids at 2:00 p.m. on the 6th day of January, 1994. Bids shall be opened and read by the City Clerk at said lima and will be submitted to the Council for final action at 7:30 p.m. on the 17th day of January, 1994. P...ed, adopled and approved this 6th day of December, 1993. Regular Session, December 6, 1993 Regular Session, December 6, 1993 452 consic cration. At the heariog, any inleresled pcrøon may appear and IiIc objcc1iona to the proposed plans, specifications, contrac~ or estimated COlt of the improvemenL Passed, adopled and approved this 6th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesocr moved adoption of the Resolution. Seconded by Council Member Voethcrg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesoer, Krieg, NosIe, Nicholson, Robbins, Voetbcrg. Nays-None. RFSOLUTION NO, 3&4-93 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Farley Street Sanitary Sewer Reconstruction is hereby OIdercd to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall cooform to the provisions of the notice to bidders hereby approved as a part of the plana and specifications heretofore adopled. That the City Clerk is hereby dirccled to advertise for bids for the construction of the improvements herein provided, to be published in a oewspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m on the 14th day of December, 1993. Bids shall be opened and read by the City aerk at said time and will be submitted to the Council for final action at 7:30 p.m on the 20th day of December, 1993. Passed, adopled and approved this 6th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City aerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetbcrg. Nays-None. Communication of City Manager submitting documents providiog for the City consideration. At the heariog, any inlcrcsled persoo may appear and IiIc objcc1iona to the proposed plans, specificatioos, contrac~ or eslimaled cost of the impmvemenL Passed, adopIed and approved this 6th day of December, 1993. Attest: Mary A. Davis City aerk James E. Brady Mayor RESOLUTION NO. 3&5.93 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimaled cost for thc City Hall Annex Renovatioo Projec~ in the eslimaled amountof$175,386.00, arc hereby approved and OIdcred filed in the office of the City Clerk for public inspection. Passed, adopled and approved this 6tb day of December, 1993. Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vole: Y""':"Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetbcrg. Nayo-None. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesner moved adoption of the Resolution. Secooded by Council Member Nicholson. Carried by the followiog vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 386.93 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Duhoque, Iowa has given its preliminary approval on the proposed plans, spccilicationa, and form of contract and placed same on file in the office of the City aerk for public inapection of the City Hall Annex Renovation ProjecL NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That on the 17th day of January, 1994, a public hearing will be held at 7:30 p.m in the Public Library Auditorium at which time inlcrcsled persons may appear and be heard for or against the proposed plans and spccificationa, form of contract and cost of said irnprovemen~ and the City Clerk be and is hereby dirccled to cause a notice of lima and place of such heariog to be published in a newspaper having geoeral circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesoer, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nayo-None. MINUTES SUBMITIED -- Airport Commission of 10-12; Citizens with Disabilities Parking Review Commission of 11-2; Five Flags Commission of 11-15; Historic Prcservadon Commission of 11-10; Housing Cornmission's public hearing on CHAS project of 11-10; Human Rights Commission of 10-11; lovesbneot Oversight Commiasioo of 11-17; Invesbnent Oversight Commission's Quarlcrly Report; Library Board of Trus.... of 10-2S & II-IS; Loog Range Planning Commission of 11-17; Transit TruSIce Board of 9-9, prescnled and read. Council MemberVoetberg moved that the minutes be received and filed. Secooded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetbcrg. Nays-None. NOTICES OF CLAIMS/SUITS -- Roger S. Broeascl in amount of $44.31 for tire damages; Dw1iel J. Gase1l in amount of $475.00 for property damages, presenled and read. Council Member Voetberg moved that the claims and suits be referred to the LcSal Staff for iovestisation and rcporL Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nayo-None. Convnunicatlons of Corporatlon Counael advising following claims have bean referred to CrawfOld & Company, the agent for the Iowa Communities Assurance Pool: Personal injury of Giles Ede and Personal injury & clothing damage of Ma. Diane TeKippe, presenled and read. Council Member Voetber¡¡ moved that the commw1icaliona be received and filed. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetber¡¡. Nayo-None. Convnunicatlon of Corporation Counael recommending denial of tire damage claim of Dorothy Mangeno, presenled and read. Council Member Voether¡¡ moved that the commw1ication be received and filed and denial approved. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetber¡¡. Nays-None. Proof of Publicalion on Notice of Finding of No Significant Effect on the Environment for Eagle Point and Wm. C. Brown Communicalions, Inc. projects, presenled and read. Council MemherVoetber¡¡ moved that the proof be received and filed. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady. Council Members Kluesner, Krieg, Nagle, 453 Regular Session, December 6, 1993 Nicholson, Robbins, Voetbcrg. Nays-None. Communication of Donna Smith, Chairpersoo of Dubuque County Boon! of Supervisors requesting an interse<:tionallight at the intcraection of the Nurthwest Arterial and Asbury Road and expressing concerna reganling sigoals at intersection of Highway 20 and Northwest Arlcrial, presented and read. Council Member Voethcrg moved that the communIcation be refenod to the City Manager. Secooded by Council Member NosIe, Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbel]!. Nays-None. Commw1icalion of RUST Envirooment & InfiaslrUcture requesdog convnenll regarding Airport Maslcr Plan at the Dubuque Regional Ai~ prcsenled and read. Council Member Voetberg moved that the commw1ication be received and filed. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetberg. Nays-None. Petition of Drew & Terra Cook requesting vacating and sale of property in the Fairmcnt Park Subdivision between Lot 3 of Maplewood Place & Lot 37 Maplewood Place, presenled and read. Council Member Voetbel]! moved that the petition be refenod to the City Manager. Seconded by Council Member Nosle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbel]!. Nays-None. Convnw1icalioo of Dubuque Bank & Trust updating Council with their schedule with the addition to the main bank at 14th & Cenlral, presenled and read. Council Member Voetbel]! moved that the convnw1ication be received and filed. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voethcrg. Nays-None. Commw1icalion of Iowa Department of Transportation advising of their intent to sell property no longer needed, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nosle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Convnunication of Tim Patterson expressing concerns on abandoned buildings in the City, _led and read. Council Member Nagle moved that the communication be received and liIed. Seconded by Couocil Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Cou,ncil Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager recommending publication on relensing funds for the Vessel Syslems, Inc. projec~ presenled and read. Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Voetbel]!. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbel]!. Nays-None. RESOLUTION NO. 3&&.93 RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT Whereas, the City of Dubuque compleled an environmcnlal assessment of the following project to be funded in the Convnunity Development Block Grant: Vessel Syslems, Inc. Projec~ and Whereas, pursuant to Resolutioo No. 365- 93, adopted November 15, 1993, public notice of a "Finding of No Significant Effect on the Environmeot" for the ahove project was publisbed November 17, 1993, in the Dubuque Tele.rapb Herald and provided for a public comment perind uotil 12:00 noon, Friday, December 3, 1993; and Whereas, public notice of a "Finding of No Significant Effect on the Environmeot" for the project was sent by regular mail to various federal, state and local public agencies and to the local news media, individuals and groups known to be inlcrcsled and believed to be appropriale to receive such a public notice; and Whereas, any and all objections, if any, to such proposal will be duly coosidercd; and Wbereas, it is the inlent of the City Council to authorize the suborission of a request to the U.S. Department of Housing and Urban Developrucnt for the release of funds to carry out the above identified projecL NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, December 6, 1993 Section 1. That the environmental review record for the project shall condoue to remaio on liIe in the Office of the City Clerk where said ICCOId may be examiucd and copied by any inlcrcsled party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and dirccled to submit to the U.S. Dcpartmcnt of Housing and Urban Developmeot seven (7) days after publication of appro¡niatc notice a Request for Re!ease of Funds to undertake the said projecL Section 3. That the Mayor of the City of Duhoque is hereby authorized to oonsent to assume the status of a responsible federal official under the National Environmental Prolcctioo Ac~ inaofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Developmeot respoosibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmeolal issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent persooally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmenlal review, decision making, and action. Sectioo 5. That the Mayor of the City of Dubuque be and be is hereby authorized and dirccled to execule a certification pertaining to the environ menial review procedures. Section 6. That the City Clerk be and she is hereby authorized and direcled to publish a public notice for a Request for Release of Funds and Ccrdfication attacbed hereto and made a part hereof. Passed, approved and adopled this 6th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Voetbel]!. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesoer, Krieg. Nagle, Nicholson, Robbins, Voetbel]!. Nays-None. Communication of City Manager recommcoding approval on Notice of Environmenlal Fiodiogs for the Cooper Wagon Factory Projec~ presenled and read. Council Member Nagle moved that the communication he received and liIed. Seconded by Council Member Voetberg. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, 454 NosIe, Nicbulson, Robbins, Voethcrg. Nays-None. RFSOLUTION NO. 3&9-93 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVEWPMENT BLOCK GRANT PROJECT Whereas, the City of Dubuque bas entered into a Grant Agrcemcot for the Fiscal Ycør commencing July I, 1993, with the U.S. Department of Housing and Urban Development, providiog for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgaled by the U.S. Department of Housing and Urban Developmen~ an environmenlal review bas been P"'CC8sed for the hereinafler described project to be financed with Community Development Block Grant funds; and Whereas, the Commuoity and Economic Development Department has, afler due conaideration, made a delenninadon that the project is not a major federal action significantly affecting the quality of the human environmenL NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City aerk be and she is hereby authorized and dirccled to publish a Notice of Finding of No Significant Effect on the Environment for the followiog identified project and to make the Environmenlal Review Record for said project available for public inapcction. Such ootice shall be in the form of Exhibit "A" attached hereto and made a part hereof. . Cooper Wagon Factory Project Section 2. That the City of Dubuque hereby dce1ares its inlent to adopt a resolution at ill meeting of December 20, 1993, authorizing the submission of a request to the U.S. Department of Housing and Convnw1ity Development to undertake the ahove-mentioned projecL Passed, approved and adopled this 6th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Nngle moved adoption of the Resolution. Seconded by Council Member Voetbarg. Carried by the following vote: Yeas-Mayor Brady, Council Members 455 Regular Session, December 6, 1993 KlUCloer, Krieg, Nagle, NichollOD, Robbins, Voethcrg. Nays-None. Commw1ica1ion of Attorney Gary Norby requesûog execution of the Nonexclusive Sublease Agreement betweeo Dubuque Racing Auociation, Ltd. and Roberts River Rides, 100. and communica1ion of City Manager recommending approval of the sublcase, presanled and read. Council Member Nagle moved that the commw1icatioo be received and filed and approved execution. Seconded by Council Member Voetberg. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Vocthcrg. Nays-None. Commw1ication of City Manager recommending approval of contract amcndmeot with IA DepL of Public Health for continued funding for an AIDS Preventative Health Program, presented and read. Council Member Voetberg moved that the convnunication be n:celved and Iiled. Seconded by Couocil Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voethcrg. Nays-None. RESOLUTION NO, 390.93 A RFSOLUTION APPROVING THE AIDS PREVENTATIVE HEALTH CONTRACT BETWEEN THE IOWA DEPARTMENT OF PUBLIC HEALTH AND THE CITY OF DUBUQUE, IOWA AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUNDING OF A LOCAL AIDS PREVENTATIVE HEALTH PROGRAM. Wbercas, the Iowa Department of Public Health has offered to provide financial support for local AIDS Preventative Health and Education Programs in the City of Dubuque; and Wbereas, the City of Dubuque desires to establish and maiotain such local AIDS Preveotative Health and Education Programs; and Whereas, the Iowa Department of Public Health has preseoled the City Health Services Division a pmposed contract amcndmeot for continued funding, a copy of which Is attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Scc1ioo I. That the City of Dubuque, Iowa, hereby approves the attached AIDS Prcveotative Health Coolract betweeo the Iowa Department of Public Health and the City of Dubuque, Iowa. Scc1ion 2. The City Manager is hereby authorized and direcled to axecule said conlracls on behalf of the aty of Dubuque, Iowa. Passed, approved and adopled this 6th day of December, 1993. Attest: Mary A. Davis City Cierk James E. Brady Mayor Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nays-None. Convnunication of Corporatioo Counael requesting approval of settlement for John McLaughlin Workers' Compensation Claim in amount of $85,000, presenled and read. Council Member Voetberg moved that the communication be n:ceived and Iiled and approved settlement Secooded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager recommending acceptance ofRivervlew Park Rest Room/Shower Project, prcseoled and read. Council Member Voethcrg moved that the communication he n:ceived and Iiled. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 391-93 ACCEPTING IMPROVEMENT WHEREAS, the contract for the RIVERVIEW PARK REST ROOM/SHOWER FACILITY RECONSTRUCTION PROJECT has been compleled and the City Manager bas examined the work and Iiled his certificale stating that the same has beeo compleled according to the Icrms of the contrac~ plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa, t~at the recommendation of the City Manager be approved and that Regular Session, December 6,1993 said improvement be and the same is hereby accepled. BE IT FURTHER RESOLVED that the City Treasurer be and he Is bercby dirceled to pay to the contractor from the General Fund and D.R.A. Surplus Distribution in amount equal to the amount of his contrac~ less any relained percentage provided for therein. PASSED, ADOPTED AND APPROVED this 6th day of December, 1993 James E. Brady Mayor Mary A. Davis City aerk Council Member Voethcrg moved adoption of the Resolution. Seconded by Council Member Nagle. Canied by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RF.<¡OLUTION NO. 392-93 FINAL F.<¡TIMATE WHEREAS, the contract for the RIVERVIEW PARK REST ROOM/SHOWER FACILITY RECONSTRUCTION PROJECT has been compleled and the Engineer bas submitted his fiual estlmale showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Cooncil of the City of Duhoque, Iowa: Section 1. That the cost of said improvement is hereby delcrmined to be $276,669.49, and the said amount shall be paid from the General Fund and D.RA. Surplus Distribution of the City of Dubuque, Iowa. PASSED, ADOPTED AND APPROVED this 6th day of December, 1993 James E. Brady Mayor Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetbcrg. Nays-None. Communication of City Manager recommending acceptance of Sight Distance Improvement project at the Fremont Avenue and Cedar Cro.. Road inlersection, presented and read. Council Member Voethcrg moved that the communica1ion be received and filed. Scc9nded by Council Member Nagle. 456 Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voethcrg. Nays-None. RFSOLUTION NO, 393.93 ACCEPTING IMPROVEMENT Wbereas, the contract for the Fremont Avenue and Cedar Cro.. Road Sight Distance Improvement Project bas been compleled and the City Manager bas examined the work and Iiled his certificale statiog that the same bas beeo compleled according to the Icrms of the contrac~ plans and specifica1iona and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the rcconvnendation of the City Manager be approved and that said improvement be and the same Is hereby accepled. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby direcled to pay to the contractor from the Road Use Tax Fund in amount equal to the amount of his contrac~ less any relained percentage provided for therein. Passed, approved and adopled this 6th day of December, 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 followiog vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RF.<¡OLUTION NO, 394-93 FINAL F.<¡TIMATE Whereas, the contract for the Fremont Avenue and Cedar Cross Road Sigbt Distance Improvement Project has been compleled and the City Engineer bas submitled hisfiual estimale showing the cost thereof Including the cost of estlmates, notices and Inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectioo 1. That the cost of said improvement is hereby delermined to be $13,295.87 and the said amount shall be paid 457 Regular Session, December 6, 1993 from the Road U.. Tax Fund of the CIty of Dubuque, foWL Passed, approved and adopted this 6th day of December, 1993. James E. Brady Mayor Attost: Mary A. Davis CityCierk Council Member Voethcrg moved adoption of the Resolution. Seconded by Counei1 Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetbcrg. Nays-None. Communication of City Manager rcconvncnding acceptance of Leisure Services Department Fencing Projec~ presenled and read. Council Member Voetberg moved that the convnw1ica1ion be rcœived and filed. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krleg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 395.93 ACCEPTING IMPROVEMENT Whereas, the contract for the Pari< and Recreation Department Chain Link Fence Project bas been compleled and the City Manager has examined the work and filed his ccrdficatc stating that the same bas been compleled according to the IerRIS of the contrac~ plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE aTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectioo 1. That the recommendation of the aty Manager be approved and that said improvement be and the same is hereby accepled. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby direcled to pay to the contmctor ftom the Local Option Sales Tax Fund in amount equal to the amouot of his conlrac~ less any retained pcrocntage provided for therein. Passed, approved and adopted this 6th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voethcrg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesoer, Krieg, NosIe, Nicholson, Robbins, Voetbcrg. Nays-None. RESOLUTION NO. 396.93 FINAL ESTIMATE Wberaas, the contract for the Pari< and Recreation Dcpartmcot Chain Link Fence Project bas beeo compleled and the City Engineer has submitted his final estimalc showing the coat thereof including the cost of estimates, ootlces and inspection and all miscellaneous DOlts; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE. IOWA: Scc1ioo 1. That the coat of said improvement ia hereby delermined to be $23,251.17 and the said amonotshall be paid ftom the Local Option Sales Tax Fuod of the City of Dubuque, Iowa. Passed, approved and adopled this 6th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City aerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nays-None. Communication of City Manager recommending acceptance of Cenler Grove Sanitary Sewer Exlenaion project, presenled and read. Council Member Voetberg moved that the commw1ica1ion be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesoer, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-Noue. RESOLUTION NO. 397-93 ACCEPTING IMPROVEMENT Wberaas, the contract for the Cenler Grove Sanitary Sewer Exlension has been compleled and the City Manager bas examined the work and filed his certificale stating that the same bas beeo compleled according to the teons of the contrac~ plans and spccifica1iona and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That 'he recommendation of the City Manager be approved and that said Regular Session, December 6, 1993 improvement be and the same is hereby acccpled. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby direcled to pay to the contractor from Sanitary Sewer Conatruction Fund io amount eqnal to the amount of his contrac~ less any retained pcrocotage provided for therein. Passed, approved and adopted this 6th day of December, 1993. Attest: Mary A. Davis City Cicrk James E. Brady Mayor Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Councll Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nays-None. RESOLUTION NO. 39&.93 FINAL ESTIMATE Whereas, the contract for the Center Grove Sanitary Sewer Extension has been compleled and the City Engioeer bas submitted his final estimate showing the cost thereof including the cost of estlmates, 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 coat of said improvement is hereby delcrmined to be $42,195.31 and the said amount shall be paid from the Sanitary Sewer Conatruction Fund of the City of Dubuque, 10wL Sectioo 2. That $17,909.65 of the cost thereof shall be assessable upuo privale property and $24,285.66 shall be paid ftom Sanitary Sewer Conatruction Fund. Passed, approved and adopled tlds 6th day of December, 1993. Attest: Mary A. Davis City aerk James E. Brady Mayor Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nays-None. RESOLUTION NO. 399-93 A RFSOLUTION ADOPTING TIlE FINAL ASSESSMENT SCHEDULE FOR CENTER GROVE SANITARY SEWER EXTENSION INCLUDING CERTAIN INFORMATION REQUIRED BY TIlE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, TIlE TIME WHEN THE ASSESSMENTS ARE PAY ABLE AND DIRECTING TIlE CLERK TO CERTIFY TIlE FINAL SCHEDULE AND TO PUBLISH NOTICE TllEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final scbedule of assessmeots and accompanying plat showing the assessments proposed to be made for the construction of the Center Grove Sw1itary Sewer Extenaion Fund nnder contract with W.C. Stewart Construction, Inc. of East Dubuque, Illinois, which final plat and schedule were filed in the office of the City Clerk on the 24th day of November, 1993, that said schedule of assessments be and the same is hereby approved and udopled. That there he, and is bereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicaled. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies arc 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 Scctioo 384.63, Code of 10wL Said assessments agaiost said lots arc hereby dce1arcd to be in proportion to the special beuefits confened and not in excess of twenty-five pcrocnt of the value of same. Asaessments of $50.00 or more arc payable in 10 eqnal annnal installments, with inlcrcst on the unpaid balance, all as provided in Section 384.65, Code of 10WL Conditional deficiency asaessments, if any, may be levied against the applicable property for the same period of years as the assessments arc made payable. Assessments may be paid in full orin part without inlcrcst at the office of the County Treasurer, at any time within 30 days after the dale of the frrst publication of this notice of the filing of the final plat and schedule of assessments with the County Treasurer. Unless said assessments arc paid in full witldn said thirty day period all unpaid assessmeots will draw annnal inlerest compuled at 9 pcrcoot (commencing 00 the date of acceptance of the work) compuled to the December 1st next following the dne 458 459 Regular Session, December 6, 1993 dates of the respective inatallmenll. Each iostailment will be delinquent on September 30th following ill due date on July 1st In each ycør. Property owners may elect to pay any annual lostallmcot semiannually io advance. That the City aerk be and is hereby directed to ccrdfy said schedule to the County Troasurct of Dubuque County, Iowa. and to publish notice of said ccrdfication once each week for two coosccutive weeks In the manner provided in Section 362.3, the first publication of which shall be not mora than fiflcen days from the date of filing of the final schedule. The City aerk shall also send by ccr1ified mall to property owoars whose property is subject to assessrucnt a copy of said notice, and mailing to be on or before the date of the second publication of the nOlice, all as provided and direcled by Section 384.60 of the Code of Iowa. Passed, approved and adopled this 6th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk CITY OF DUBUQUE Date 10-27-93 FINAL ESTIMATE FOR CENTER GROVE SANITARY SEWER EXTENSION ITEM QUANTITY UNIT UNIT COST TOTAL COST 1. 8" ViL Clay Pipe 63.00 Lln.FL $ 30.00 $ 1,890.00 2. 8"D.I.P. wfWrap 533.59 Lln.FL $ 33.68 $17,971.31 3. 8" x 4" Tees 2.00 No. of $132.25 $ 264.50 4. 4" C.I.P. Laleral Lln.FL $ 13.50 5. Manhole Tap, Complete 1.00 No. of $149.50 $ 149.50 6. Con. Manhole Base, Comp. 5.00 No. of $115.00 $ 575.00 7. Con. Manhole Sidewall,Corn. 46.85 Lin. Ft $ 51.18 $ 2,397.78 8. Manhole Ring '" Cov., Corn. 5.00 9. Beddlog Stone, I" a... 59.87 10. Limestone Backfill 1165.32 11. 314" Rolled Stone Base 62.23 12. Asphalt Sawin836.50 13. A.C.C. Surface 3/4" Mi. 25.50 14. A.C.C. Binder, 3/4" Mi. 59.50 15. Prime or Tack Coat 16. Seeding w/Mulching 1750.00 17. Curb'" Gutter with lolcgral Driveway 18. Traffic Control1.00 No. of $178.25 $ 891.25 Tona $ 6.70 $ 401.13 Tona $ 4.45 $ 5,185.67 Tona $ 5.55 $ 345.38 Lin. FL $ 1.44 $ 772.56 Tona $ 69.00 $ 1,759.50 Tons $ 57.50 $ 3,421.25 Gals $ 1.73 Sq. Yds. $ 0.29 $ 507.50 Lin. Ft. $ 23.00 L.S. $250.00 $ 250.00 EXTRA WORK 19. 30" Storm Se- Repuir 1.00 L.S. $311.45 $ 311.45 20. CMP Replacement 1.00 21. Rock Excavation 12.00 L.S. $201.20 $ 201.20 Cu. Yds. $ 50.00 $ 600.00 $37,894.98 $ 4,277.83 Llli!! TOTAL DUE CONTRACTOR ENGINEERING CONTINGENCY TOTAL CONSTRUCTION COST $42,195.31 I hereby cerdi}' that the above statement shows in detail the correct amount of all work required to complete the ahove improvemenL Regular Session, December 6,1993 Approved: Michael C. Van MilligenMIchaei A. Koch City of Duboque, 10waCity Engineer The undersigned contractor for the above improvement does hereby accept the ahove "Total Due eon_tor", as full scttlcroeot for all claims for said improvemeoL CONTRACTOR: Slewart Construction, Inc. BY: R. R. Fluhr CITY OF DUBUQUE, IOWA SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS OWNER DESCRJPTION VALUATION WF IMPROVEMENT TOTAL NET ASSESSMENT Burkart, He!en Lot I Center Grove S.Adn. $142,130.00 $10,745.79 N. Bal. of Lot 28 Cenler Grove School Addn. (E 83' only) $96,551.93 $ 3,581.93 Lot 25 Center Grove Addn. wi Lot 26 Lot 26 Cenler Grove Addn. $61,481.93 $ 3,581.93 $17,909.65 Cenler Grove Land Co. Zalaznik, Edward 1. Zalaznik, Edward J. Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nays-None. Communication of City Manager recommending acceptance of Patent ~ for I.D.O.T. Property, prescnled and read. Council Member Voctberg moved that the convnunication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Memhers Kluesuer, Krieg, Nagle, Nicholson, Robbins, Vocthcrg. Nays-Noue. RESOLUTION NO. 400-93 A RESOLUTION ACCEPTING CONVEYANCE OF SEEGER'S BREWERY PLACE IN mE CI1Y OF DUBUQUE,. DUBUQUF; COUN1Y, IOWA AS SHOWN ON RIGHT-OF-WAY PLAT EXHIBIT "A" 460 Wbercas, the City of Dubuque, in coosidcration of the payment of $1.00 purohased Seeger's Brewery Place In the City of Dubuque, Dubuque County, Iowa. as shown on right-of-way plat Exhibit" A" attached bereto and by reference made a port hereof; and Wbercas, the State of Iowa bas excculed palcot *4389 conveying said property to the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CI1Y OF DUBUQUE, IOWA: Section 1. That the City council of the City of Dubuque, Iowa hereby approves of, accepts, and consents to palcot *4389 from the Iowa Department of Transportatioo conveying Seeger's Brewery Place io the City of Dubuque, Duboque County, Iowa. as showo on right-of-way plat Exhibit "A" attached hereto. Section 2. that the City Clerk be and is hereby authorized and direcled to file a copy of this resolution in the office of the recorder, in and for Duboque County, Iowa. Passed, approved and adopled this 6th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetherg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbolson, Robbins, Voetberg. Nays-None. Communication of City Manager recommending approval of 3 lease assignments with Dubuque Tank Terminal Compuny, prcsenled and read. Council Member Voetberg moved that the convnunication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 401-93 RESOLUTION AUTHORIZING THE ASSIGNMENT OF A LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE TANK TERMINAL COMPANY TO DUBUQUE TERMINALS, INC. Whereas, the City of Duhoque, Iowa (City) has leased to Dubuque Tank Terminal Compuny, an Iowa Corporation (Lessee) 461 Regular Session, December 6,1993 ocrtain real property loealed adjacent to East 12th SlIeat Bxtension, Dubuque, Iowa pursuant to a1easa doled February 11, 1962, and as omended on February II, 1963, July 14, 1967, and January 2g, 1992; and Wbercas, Duhuque Tank Terminal is daairous of assigniog it's lease with the aty of Dubuque to Dubuque Terminals, Inc.; and Wbercas, the lease agreement between the aty of Dubuque and Dubuque Tank Terminal Company allows an assignment of the 1easa by the Lea... at its option upon prior wri- approval of the City; and Wbercas, the City Couocil of the aty of Dubuque, Iowa has dalcrmioed that it is io the beat in_st of the aty to consent to such asalgnmenL NOW, TIIEREFORE,BBITRBSOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Aasignment of Lease attached hereto from Dubuque Tank Tennloal Company to Duboque Terminsis, Ino. is hereby approved Sectioo 2. That the Mayor be autborlzed and directed to sign said Assignment of Lease on behalf of the City of Dubuque, Iowa. Passed, approved and adopled this 6th day of December, 1993. Attest: Mary A. Davis City Cicrk James B. Brady Mayor Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicbolson, Robbins, Voetbcrg. Nays-Nooa. RESOLUTION NO, 402.93 RESOLUTION AUTHORIZING TIlE ASSIGNMENT OF A LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE TANK TERMINAL COMPANY TO DUBUQUE TERMINALS, INC, Whereas, the CitY of Dubuque, Iowa (City) has leased to Duboque Tank Terminsi Company, an Iowa Corporatlon (Los...) certain real property located in and adjacent to the Ice Harbor, Dubuque, Iowa pursuant to a lease daled December 7, 1963; and Wbercas, Dubuque Tank Terminal is daairoua of assigning it's lease with the City of Dubuque to Dubuque Terminals, Inc.; and Whereas, the lease agreement between the City of Dubuque and Dubuque Tank Terminal Company allows an asaignment of the lease by the Lessee at its option upon prior wri- approval of the City; and Wbercas, the City Couocil of the City of Dubuque, Iowa has determioed that it is in the best interest of the City to consent to such asaignmenL NOW, TIlEREFORE, BB IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Sectlon 1. That the Aasignment of Lease attached hereto from Duboque Tank Terminal Company to Dubuque Terminsis, Ino. is hereby approved Scc1ion 2 That the Mayor be autborlzed and directed to sign said Assignment of Lease on behalf of the City of Dubuque, Iowa. Pasaed, approved and adopled this 6th day of December, 1993. Section I. That the Aasignment of Sublease attacbed hereto from Dubuque Tank Termioal Company to Dubuque Terminals, loco is bercby _ed. Scc1ion 2. That the Mayor be autborlzed and direcled to sign said Assigoment of Sublease on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of December, 1993. Attest: Mary A. Davis City Clerk James B. Brady Mayor Council Member Voethcrg moved adoption of the Resdution. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nays-None. Attest: Mary A. Davis City Clerk James B. Brady Mayor Council Member Voetbeq¡ moved adoption of the Resolutioo. Seconded by Council Member Nagle. Carried by the following Vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager recommeoding denial of a four-way stop sign at the intersection of Lincoln Avenue and Stafford Stree~ presenled and read. Council Member Voethcrg moved that the communication be received and filed and denial approved. Secooded by Couocil Member Nosle. Catried by the following vole: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, NosIe, Nicholson, Robbins, Voethcrg. Nays-None. RESOLUTION NO, 403.93 RESOLUTION AUTHORIZING THE ASSIGNMENT OF A SUBLEASE BETWEEN TIlE CITY OF DUBUQUE, IOWA AND DUBUQUE TANK TERMINAL COMPANY TO DUBUQUE TERMINALS, INC, Communication of City Manager submitting Fiscal Ycør 1995 Budget GuideHoes, presented and read. Council Member Kluesner moved that the commw1icatlon be received and filed and guidelines approved. Seconded by Council Member Voatbeq¡. Catried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbeq¡. Nays-None. Wbercas, the City of Dubuque, Iowa (City) has subleased to Dubuque Tank Terminal Company, an Iowa Corporation (Los...) certain real property localed at the southwest corner of Jones and Water Streets, Dubuque, Iowa pursuant to a sublease doled November 20, 1962; and Whereas, Dubuque Tank Terminal is deairous of assigning it's subl...e with the City of Dubuque to Dubuque Terminals, Inc.; and Whereas, the sublease agreemeot betweeo the City of Dubuque and Dubuque Tank Terminal Company allows an assignment of the sublease by the Lessee at its option upon prior written approval of the City; and Whereas, the City Couocil of the City of Dubuque, Iowa bas determioed that it is in the best interest of the City to consent to such asaignmeo~ NOW, TIlEREFORE, BB IT RESOLVED BY TIlE aTY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: There being no further bosine.., Council Member Voatberg moved to adjourn. Seconded by Council Member Nicholson. Catried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbios, Voetberg. Nays-Noue. Meetiog adjoumed at 10:57 p.m Mary A. Davis CMC City Clerk 462 1994. Council Members Attest: -2 I //.(! . !?ft!<!c! :Á. ,d../¿;t(.i.t:"", F 463 Regular Session, December 20, 1993 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, December 20, 1993 Council met at 7:30 p.m., Public Library Auditorium Prcacnt: Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Vocthcrg, City Manager Michael C. Van Milligen, Corporation Counsel Bany A. LindaItl. Mayor Brady read the call and staled this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Fr. Robert Tagg~ Rector of SL Thomas of Canlerbury Anglican Church. There was a presenlation ofCertificales of Appreciation to City Employees. Council Member Robbins moved that the rules be suspended to allow anyone preseot to addrcll the Council if they so desire. Seconded by Council Member Krieg. Carried by the followiog vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Proof of Publiealion certified to by the Publisher on Notlce of Public Healing on the vacating and disposing portion of Quince Street from Oak Street to aeveland Aveoue and communication of City Manager recommending to vacate and dispose of said property, presenled and read. Council Member Voethcrg moved that the proof and commw1ication ,be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetberg. Nays-None. An Ordinance Vacating a portion of Quince Street from Oak Street to aeveland Avenue, said Ordinance having been presenled and read at the Council Meeting of 12-6.93 oow preseoted for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 67-93 ORDINANCE VACATING A PORTION OF QUINCE STREET FROM OAK STREET TO CLEVELAND AVENUE Whew"". Michael L. Burke has requesled the vacating of a portion of Quince Street from Oak Street to aeveland Aveoue; and Whereas, IIW Engiueers & Surveyors, P.C., Dubuque, Iowa, bas prepurcd and submitted to the City Council a plat showing the vacated portion of Quince Street and assigned lot numbers thereto, which hereinafler shall be known and described as Lot 50A and Lot 51A in Unioo Addition in the City of Duhoque, Dubuque County, Iowa; Wbereas, the City Council of the City of Dubuque, Iowa bas detcroùned that this portion of Quince Street is no longer required for public use, and vacadng of said portioo of Quince Street known as Lot 50A and Lot 51A in Union Additioo 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 eslate described as Lot 50A and Lot 51A in Union Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City reserves unto itself a twenty foot wide perpetual easement including the right of ingress and egress thereto, for the purpose of erectiog, installing, coostructiog, reconstructing, repairing, owning, operating, and maintaining waler, sewer and drainage lines as may be authorized by the City of Dubuque, low.. Passed, approved and adopted this 20th day of December, 1993. James. E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in Herald newspaper this De~mber. 1993. the Telegraph 30th day of It 12ßO Mary A. Davis CMC City aerk Council Member Voetberg moved final adoption of the Ordinance. Seconded by Council Member Krieg. Carried by the followiog vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 404-93 Regular Session, December 20, 1993 464 I~ i 1 -I Wbereas, pursuant to, resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspuper of geocral eirculatioo published io the City of Dubuque, Iowa on the 10th day of December, 1993, the City Council of the City of Dubuque, Iowa met on the 20th day of December, 1993, at 7:30 p.m. in the Public Library Anditorlum, 11th andLocus~ Dubuque, Dnbuque Couoty, Iowa to consider the propoøaI for the sale of real eslate described as: Lot 51A in Union Addition in the City of Dubuque, Iowa to Michael L Burke and Lot SOA in Union Addition in the City of Dubuque, Iowa to Brace & Shamn Schoritt; and Wbereas, the City Council of the City of Dubuque, Iowa ovenuied any and all objections, oral or written, to the proposal to dispose of inlcre51 of the City of Dubuque, lowa,except for easemeots as noled, in the hereinabove described real eslale to Michael L Burke and Broce & Shamn SchmitL NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectioo 1. That the disposal of the inlcrest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot 51A io Union Addition in the City of Dubuque, Iowa to Michael L. Burke, be and the same is hereby approved for the sum of $959.00, plus one.half of publication and filing fees, and the disposal of inlcre51 in Lot 50A in Union Addition in the City of Dubuque to Broce & Shamn Schoritt be and the same is hereby approved for the sum of $959.00, plus one.half of publication and Iiling fees; conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and direct to execute a Quit Claim Deed, and the City Clerk be and is bereby authorized and direcled to deliver ssid deed of conveyance to the above nanled granlceS upon receipt of the purchase price in full. Sectioo 3. The City reserves unto itself a twenty foot wide perpetual easement including the right of iogress and egress thereto, for the purpose of erecting, inslalling, constructing, reconstructing, repairing, owning, operating, and maintaining waler, sewer and drsinage lines .., may be authom£d by the C1ty of Dubuque, Iowa Sectioo 4. That the City aerk be and is hereby authorized and direcled to record a certified copy of this resolution in the office of the City Assellor, Dubuque County Recorder and the Dobuque County Auditor. Passed, approved and adopled this 20th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voethcrg moved final adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesoer, Krieg, NosIe, Nicholson, Robbins, Voetbcrg. Nays-None. Proof of Publication ccrdlied to by the Publisher on Notlce of Hearing on Plans and Specifications for the 1993 P.C. Concrete Alley Reconatrucdon Projec~ prcsenled and read. There were no written objections received at the time of the Hearing. Rhodes Isenhart objecled to using TIP funds for the projects. Council Member Voetberg moved that the proof be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voethcrg. Nays-Nooe. RESOLUTION NO. 405-93 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 10th day of November, 1993, plana, specifications, form of contract and cstimaled cost were flied with the City Clerk of Dubuque, Iowa for the 1993 P.C. Concrele Alley Reconstruction ProjecL Whereas, notice of hearing on plans, specificationa, form of contrac~ and eslimaled cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimaled cost are hereby approved as the plans, specifications, form of contract and estimaled cost for said improvements for said projecL Passed, adopled and approved this 20th day of December, 1993. James E. Brady Mayor Attest: Mwy A. Dms City aerk 465 Regular Session, December 20,1993 Council Member Voetbcrg moved adopIion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vole: You-Mayor Brady, Council Membera Kluesner, Krieg, NosIe, Nlcholsoo, Robbins, Voetbcrg. Nays-None. Proof of Publication certified to by the Publisher 00 Nodce to Bidders on the Reœlpt of Bids for project and Proof of Publica1ion certified to by the Publisher on Notice of Heating on Plans and Specifications for the 1993 Aaphalt Paving and Alley Raoonsttuction Projec~ presented and read. Council Member Voetbe'll moved that the proof of publication be received and ffied. Seconded by Council Member Kluesner. Carried by the following vote: You-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetbe'll. Nays-Noue. RESOLUTION NO. 4o.i.93 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Wbercas, on the 10th day of November, 1993, plans, specifications, form of coolract and estimaled cost were filed with the City aerk of Dubuque, Iowa for the 1993 Asphalt Paving and Alley Rccoosttuction ProjecL Whereas, ootice of hearing on plans, specifications, form of cootrac~ and eslimaled cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF TIlE CITY OF DUBUQUE, IOWA: That the said plans, specifica1ioos, form of conlract and eslimaled cost are hereby approved as the plans, specifications, form of contract and estimaled cost for said improvemeots for said projecL Pasaed, adopled and approved this 20th day of December, 1993. Attest: Mary A. Davis City aerk James E. Brady Mayor Council Member Voetberg moved adoption of the Resoludon. Seconded by Council Member Kluesner. Carried by the following vole: You-Mayor Brady, Council Members Kluesoer, Krieg, NosIe, Nicholson, Robbins, Voetbcrg. Nays-None. Proof of Publication certified to by the Publisher on Nodce to Bidders on the Receipt of Bids for project and communication of City Manager recommending to award contract for projects, presenled and read. Council Member Voethcrg moved that the proof of publication be received and ffied. Seconded by Council Member Kluesner. Carried by the following vote: You-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voethcrg. Nays-None. RESOLUTION NO. 407-93 AWARDING CONTRACT Wbercas, scaled proposals have been submitted by contractors for the 1993 P.C. Co""",1e Alley Reconsttuctioo Project pursuant to Resolution No. 407.93 and ootice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 26th day of November, 1993. Whereas, said sealed proposals were opened and read on the 9th day of December, 1993 and it bas been delcrmined that the bid of the Flynn Company of Duhoque, Iowa in the amount of $63,579.45 was the lowest bid for the fumishiogs of all labor and malcrials and performiog the work as provided for in the plans and specificationa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the conlract for the above improvement be awarded to the Flynn Company and the Manager he and is hereby direcled to execute a contract on behalf of the City of Dubuque for the complete peñormaoce of the work. BE IT FURTHER RESOLVED: That upon the signing of said conlrnct and the approval of the COOtraclor'S hood, the City Treasurer is authorized and iosttucled to reltml the bid deposits of the unsuccessful bidders. Passed, approved and adopled this 20th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 40&-93 AWARDING CONTRACT Wbereas, sealed proposals have been submitted by coP!ractors for the 1993 Asphalt Paving and Alley Rcconsttuction Regular session, December 20, 1993 I I f Project pursuant to Resolution No. 353.93 and notice, to bidders published in a oewspaper published io the City of Dubuque, Iowa on the 26th day of November, 1993. Wbereas, said scaled proposals were opened and read on the 9th day of December, 1993 and it bas been detcrmioed that the bid of RIver City Paving of KIeler, Wiscoosin in the amouot of$I24,OO9.75 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for io the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE aTY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the contract for the ahove improvement be awarded to RIver City Paving and the Manager be and is hereby dirccled to execute a contract on behalf of the City of Dubuque for the complete peñormance of the work. BE IT FURTHER RESOLVED: That upun the signing of said conlract and the approval of the conlractor's hond, the City Treasurer is authorized and insttucled to return the bid deposits of the unsuccellful bidders. Passed, approved and adopted this 20th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetberg moved adoptioo of the Resolution Seconded by Council Member Kluesner. Carried by the following vole: You-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nayo-None. Proof of Publica1ion certified to by the Publisher on Notice of Hearing on Plans and Specification for the Farley Street Sw1itary Sewer Rcconsttuction, prcsenled and read. There were no written objections received and 00 oral objectors present at the time of the Hearing. Council Member Voetberg moved that the proof of publication be received and ffied. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbios, Voetberg.' Nays-Noue. RESOLUTION NO. 409-93 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1st day of December, 1993, plans, specifications, form of conlrnct and estimaled cost were ffied with the City 466 aerk of Dubuque, Iowa for the Farley Slrcet Sanitary Sewer RcconslrUCtioo. Wbercas, notice of hearing on plans, specificationa, form of conlrac~ and eslimaled cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CiTy COUNCiL OF TIlE CITY OF DUBUQUE, IOWA: That the said plans, specifica1iona, form of conlract and eslimaled cost are hereby approved as the plans, specifications, form of conlract and estimaled cost for said improvements for said projecL Passed, adopled and approved this 20th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vole: You-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nayo-None. Proof of Publication certified to by the Publisher on Nodce to Bidders on the Receipt of Bids for project and communication of City Manager recommending to award conlract for projec~ preseoled and read. Council Member Voetberg moved that the proof and communication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesoer, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 410-93 AWARDING CONTRACT Whereas, sealed proposals have been submitled by conlractors for the Farley Street Sanitary Sewer Rcconsttuction pursuant to Resolution No. 384-93 and notice to bidders' published in a newspaper published in the City of Dubuque, Iowa on the 9th day of December, 1993. Whereas, said sealed proposals were opened and read on the 14th day of December, 1993 and it bas been delcrmined that the bid of McDermott Excavadng of Dubuque, Iowa in the amount of $39,582.53 was the lowest bid for the furnishings of all labor and malcrials and peñorming the work as provided for in the plans and specificationa. 467 Regular Session, December 20,1993 NOW THEREFORE, BE IT RESoLVED BY TIlE CITY COUNCiL OF TIlE CITY OF DUBUQUE. IOWA: That the conlract for the above irnpovomcnt be awarded to MeDermolt Excavaliog and the Manager be and II hereby dirceIed to execule a cootract on behalf of the City of Dubuque for the comple'" pcrfonnance of the work. BE IT FURTHER RESOLVED: That upon the signing of said conlract and the approval of the contractor's bond, the City Treasurer is authorized and inslrucled to return the bid deposits of the unsuccessful bidders. Passed, approved and adopled this 20th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City aerk Council Member Voethcrg moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicho1son, Robbins, Voetbcrg. Nays-None. Proof of Publica1ion certified to by the Publisher 00 Notice of Public Hearing to accept comments regaeding Comprehonsive Housiog Affordability Sttalegy project and commuoicatioo of City Manager recommending to submit CHAS and Annual Peñormancc R~ presenled and read. Council Member Voethcrg moved that the proof and communication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesoer, Nagle, Nicholson, Robbins. Nays-Cnuncil Members Krieg, Voetberg. Chuck Isenhart, 1611 Main, spoke eodorsing the documents. Ann Mihalakis, 1504 Iowa SL, endorsed prognun and requesled that all i!ems be kept in the program Jim Giesen and Ruth Claric spoke for the prognun which would help the poor. RESOLUTION NO. 411-93 RESOLUTION AUTHORIZING THE SUBMISSION OF A COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) AND ANNUAL PERFORMANCE REPORT TO THE U,s. DEPARTMENT OF HOUSING AND URBAN DEVEWPMENT Wbereas, the City of Dubuque will apply for direct assiSlance through the Community Devclopmeot Block Grant (CDBG) program and other HUD programs subject to the requirement that an anoual Comprehensive Housiog Affordability Stta..,gy (CHAS) and an annual report on the aty's performance be prepared and submitted; and Whereas, the FY 1994 CHAS and FY 1993 Annual PcrConnance Repun have been prepared and arc hereto attacbed and by tltls reference made a port hereof; and Wbercas, an exlensive public part participation P"'CC8s has been convened as part of the preparation of this re~ including tbrca pubic hearings, a thirty-day public review period and review by the City's Housing, Long Range PIaoniog and Commw1ity Developmcot Commillions NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: Section 1. That tbe Mayor be authorized and direcled to sigo the attacbed Comprehensive Housing Affordability Strategy (CHAS) for the City of Dubuque, Iowa. Section 2 That the City Manager be authorized and direcled to submit the CHAS with comments received to the U.S. Department of Housing and Urban DevelopmenL Section 3. That the Annual Peñormance Report for the CHAS is hereby approved, and the City Manager is authorized and direcled to submit it to the U.S. Department of Housiog and Urban Development Passed, approved and adopted this 20th day of December, 1993. Attest: Mary A. Davis City Clerke James E. Brady Mayor Council Member Voethcrg moved adoption, as amended, of the Resolution. Secooded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins. Nays-Council Members Krieg, Voethcrg. Mayor Brady moved to .rn.nd the 1994 One-ycør Plan by deleting ccrtaio scctioos of the proposed plan. Secooded by Council Member Kluesner. Carried by the following YO"': Yeas-Mayor Brady, Council Members Kluesoer, Nagle, Nicholson, Robbins. Nays-Council Members Krieg, Voethcrg. Council Member Kluesner moved to approve the 5 Ycør Plan to be adrninis..,red by ECIA. Seconded by Council Member Regular Session, December 20, 1993 Robbios. Carried by the followiog vOle: Ycas-Mayor Brady, Council Members Klueaner, NosIe, Robbins. Nays-Council Members Krieg, Nicholson, Voetbcrg. Commw1ica1ion of Planning Services Manager submit1ing resignation of Jean Tiffany from the Zoning Cornmillion, presenled and read. Council Member Kluesner moved that the communication be received and filed and accepled with regrcL Seconded by Couocil Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. BOARDS AND COMMISSIONS: CABLE TY TELEPROGRAMMING COMMISSION: Two tbrca-ycør Icrms which will expire 6-30-96 and one unexpired term which will expire 6-30-94. Applicants: Thomas J. Crall, Mary McDowell, and Dw1iel F. O'Connell. Council Member Kluesner moved that Mary McDowell and Dw1iel F. O'Connell be appoinled to the tbrca ycør Icrms on the Cable TY Teleprogramming Commission which will expire 6-30-94. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Council Member Kluesner moved that Thomas Crall be appoinled to the Cable TY Teleprogramming Commission to fill an unexpired Icrm which will expire 6-30-94. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. I I i ZONING COMMISSION: One Unexpired Icrm which will expire 7-1-94. Applicants: Don Lochner and Carl Heathcote. Mr. Lochner spoke to the Council requestiug appointmcnL Council Member Kluesner moved that Don Lochner be appoinled to the unexpired term on the Zoning Commission wbich will expire 7.1- 94. Secooded by Council Member Voethcrg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson. Robbins, Voethcrg. Nays-None. Human Rights Commissioners Karla Braig and Kim Clayton submit1ing Human Rights Annual Repun for FY '93, preseoled and read. Karla Braig and Kim aayton spoke. Council Member Kluesner moved that the report be received and filed. 468 Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voethcrg. Nayo-Nooe. Chairperson of Loog Range Planning Commillion presenled Draft Comprehensive Plan - Phase I. Chairperson David Rusk spoke. Council Member Voethcrg moved that the plan be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Vocthcrg. Nayo-None. Commw1ica1ioo of Chairperson of Dubuque County Board of Supervisors requesûog that John Klauer address Council regarding height restrictions for E-911 communications equipment throughout the County and requesting the City to adopt an ordinance pertaining to same, presenled and read. Council Member Kluesner moved that the communication be received and filed and referred to the Zoning Commission. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nayo-None. Petition of residents of Kenaington Place to address Council regarding property damage and personal property loll claims, presenled and read. Darlene Hogan, Mary EWert, and Loren ZiWke spoke concerning their sewer flooding claims and objecting to another project being hooked in that problem sewer. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Communica1ion of City Manager updating Council on actions being taken, presented and read. Council Member Kluesner moved that the commw1ica1ion be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Convnw1ica1ion of Airport Commissioo requesûog additional appropriadoo up to $10,000 for conaullant support and expenae for loItering changes to pending Senate legislation, presenled. and read. Arnie Honkamp of the Airport Commission spoke 469 Regular Session, December 20,1993 to the requeSL Council Member Kluesner moved that the oummw1ication be rcoeived and filed and approved requesL Scoooded by Council Member Nicholson. Carried by the following vOle: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nlcholsoo, Robbins, Voetbcrg. Nays-None. Communication of City Manager requesling to purchase equipment for the Hand He!d Cornpulcrized Parking TIcket Syste~ prasenled and read. Council Member Kluesner moved that the communication be received and filed and expenditures approved. Seconded by Council Member Robbins. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nichoison, Robbins, Voetbcrg. Nays-None. Communication of City Manager recommending formation of Low Interest Loan Pool in the Downtown Urban Renewal Distric~ preseoled and read. Council Member Voetberg moved that the convnw1ication be received and Iiled. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nicholson, Robbins, Voethcrg. Nays-Council Members Nagle. Absent-Council Member Krieg. Bud Isenhart spoke regarding spending TIF monies. RESOLUTION NO. 412.93 RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A DOWNTOWN REHABILITATION LOAN PROGRAM FOR THE DOWNTOWN URBAN RENEWAL PROJECT AREA PROJECT IOWA R.15 AND TIlE CAPIT ALIZA TION OF SAID PROGRAM Whereas, on May 18, 1967, the City Council of the City of Dubuque, Iowa, after a public bearing, duly adopled an Urban Renewal Plan (the "Plan") for the downtown Urban Renewal Project Area Project Iowa R- 15 (the "District"), and Whereas, said Plan was amended by Resolution No. 371-93 on December 6, 1993, to more specifically allow the provision of the financial incentives necessary to further the goals and objectives of the Plan; and Whereas, the City Council believes that said incentives will further economic development efforts in the District in accordance with Chaplcrs 15A and 403 of the Code of Iowa, assist in the rcleotion and creation of oeeded employmeot oppurtuoidca, cecale additional housiog, and provide for the rehabilitation of subS1andard and deledoraling structures within the distric~ and Wbercas, a Downtown Rehabilitation Loan Program (The "Loan Program"), for which prngnun guidelioes arc attached hereto, has been developed in support of thesaefforts;and Wbercas, the City Council is prepared to capitalize said Loan Program provided these funds arc reimbursed through the proceeds of the existiog Downtown Urban Renewal Tax Increment Fioancing DistriCL NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the attacbed Program Guidelines for the Downtowo Rchabilitation Loan Program arc hereby adopled. Section 2. That the City Mannger is hereby authorized to advance up to two hundred and sixty thousand dollars ($260.000) from the City's debt service reserve account established to rcpuy its downtown holel project Section 108 loan obligations to provide the necessary funding required to capilalize the Loan Program, provided any funds so advanced shall be repaid from the procceda of the Downtown Urban Renewal Tax Increment Financing DistricL Section 3. That the City Manager is hereby authorized to adminiSler said Loan Program in accordance with the adopled Program Guidelines. P...ed, approved and adopled this 20th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Nicholson, Robbins, Voetberg. Nays-Council Member Nagle. Absent-Council Member Krieg. Communication of City Manager recommending approval of City of Dubuque Investment Policy as amended, presented and read. Council Member Voetberg moved that the communication he received and filed and concuned with amendment. Seconded by Council Member Robbins. Carried by the following vote: Ycas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays-Nooe. Absent-Council Member Krieg. Regular Session, December 20,1993 Communication of City Manager requcaling to apply for a grant opplication for Freeway Corridor LaodJcaping Project - Phase g, presenled and read. Council Member Kluesner moved that the communication be received and filed and concuned with City Manager's requeSL Seconded by Council Member Nicholson. Carried by the followiog vote: Yeas-Mayor Brady, Couocil Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Ao Ordinanœ adopting in lieu thereof a new Section 34-112, renaming Riverview Parle to Mi1ler-Riverview Park, prasenled and read. (OFFICIAL PUBLICATION) ORDINANCE NO, 6&.93 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 34.112, DESCRIBING RIVERVIEW PARK, AND ADOPTING IN LIEU THEREOF A NEW SECTION 34. 112, DESCRIBING MILLER. RIVERVIEW PARK. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. Section 34-112 of the City of Dubuquc Code of Ordinances is hereby repealed. Sectioo 2. The following new Section 34- 112 is hereby adopled: Sectioo 34-112. Miller-Riverview Park. The following described parcel of real estalc is and shall be known, called and named as "Miller-Riverview Park" and placed under the jurisdiction of the park and rccrcadon commi..ion. That part of ChaplaIn Schmitt Memorial Island localed northerly of the Dubuque greyhound racing facility and easlerly of the wetlands area cxlending easlcrly an average of approximalcly four hundled (400) feet more or Ie.. to the Mississippi River. Passed, approved and adopled this 20th day of December, 1993. James E. Brady Mayor Attest: Mary A, Davi, City aerk Published officially in the Telegraph Herald newspaper this 30th day of Deœmber, 1993. Mary A. Davis CMC 11 12130 City Clerk 470 Council Member Vocthcrg moved that this be considered the first reading of the Ordioance, and that the requiremeot that a proprssed Ordinanœ be considered and voled on for paasagc at two Council meetings prior to the meeting at which it is to be fioally adopted be suspended and further moved final adoption of the Ordinance. Secooded by Council Member Nosle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbin.. Voetbcrg. Nays-None. Abstain--Council Member Krieg. Communication of aty Manager submitting an Ordinance pertaining to Cable television CUStomer aerviœ obligations, presenled and read. Council Member Klucsner moved that the communicatlon be received and filed. Scoooded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Couocil Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-Noue. An Ordinance Adding a new Division 5 Entitled "Cable Serviœs Customer Service Standards" OJ Amcle IV in Chapter 44 requiring Granlce of a Cable Services Delivery Franchise etc., presenled and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 69.93 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING A NEW DIVISION 5 ENTITLED "CABLE SERVICES CUSTOMER SERVICE STANDARDS" TO ARTICLE IV IN CHAPTER 44 OF THE CODE REQUIRING THE GRANTEE OF A CABLE SERVICES DELIVERY FRANCHISE WHICH SERVES RESIDENTIAL, COMMERCIAL, AND INSTITUTIONAL LOCATIONS WITHIN THE CITY OF DUBUQUE CITY LIMITS, TO ADHERE TO CERTAIN CUSTOMER SERVICE STANDARDS ADOPTED BY THE FEDERAL COMMUNICATIONS COMMISSION AS WELL AS SUCH STANDARDS CONTAINED WITHIN THE DUBUQUE FRANCHISE ORDINANCE, PROVIDING FOR '¡'HE ENFORCEMENT OF SUCH FCC AND LOCAL STANDARDS Now Therefore he it ordained by the City Council of the City of Dubuque, Iowa that the Code of Ordinancca be ameaded by addiog a new Division 5 entitled "Cable 471 Regular Session, December 20,1993 Services Customer Service StandanIs" to Ar1ic1e IV in Chap.... 44 as follows: ARTICLE IV DIVISION S. CABLE SERVICES CUSTOMER SERVICE STANDARDS. See. 44-261 Fedcra1 Commuoications Commission Customer Service Obli.ationa. . ..M2e!æ Except as harcioafter added to, deleled, modified or amended, there is hereby adopled by reference the customer aarvice oblig.tions adopled by the Fedcra1 Commw1icadons Commi..ion fouod in TItle 47, Code of Federal Ragulatlons, Section 76.309 See. 44-262 Applicatioo. Thia division shall be applicable to any cable aarvices &anchise gran... (hereinafter Gran...) opcratiog in the City of Dubuque under a cable aarvices delivery &anchise granled by the City of Dubuque, Sec. 44-263 Enforcement A.encv. This division shall be enforced by the Cable Regulatory Commission established under.. 44-232 of the City Code. Sec. 44-264 Conflict In the evõiiiõëa conflict between the customer aarvice standards adopted herein and customer service standanls set forth elsewhere in the City Code of the City of Dubuque or the Cable Services Delivery Franchise (Appendix B to the City Code of the City of Dubuque), the customer service standard most beueficial to the cable aarvice customer shall be followed. Sec. 44-265 Cornplaiots. Upon receipt by the Cable Regulatory Commi..ion of a complaint of violation of any customer service obligation, the Cable Regulatory Commission shall advise the Gran... of the alleged violatloo in writing and give Gran... the opportunity to respond to the complaint at the next regularly scheduled meeting of the Commissioo. If the Commission delennines that a violation has occurred, it shall request that the appropriate officer authorized by the City to enforce the Code of Ordinances, issue a civil citadon to the Gran... for commission of a civil municipal infraction. See. 44-266 Violation. Violation of the customer service obligations referred to herein shall be a municipal inftactioo as defined in subaection 1.15 of the City Code and shall be punishable as provided therein. Pwed, approved and adopled this 20th day of December, 1993. Publiahed officially in the T.kgraph H.raId ocwspaper this 30th day of December, 1993. It 12130 Mary A. Davis CMC City Clerk Counell Member Kluesner moved that tlds be conaidcrcd the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voled on for passage at two Council meetings prior to the meeting at which it is to be finally adopled be suspended and further moved final adoptioo of the Ordinance. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nays-None. Communication of City Manager reques1ing approval of Sewer Use Conlracts with Swiss Valley Farms and Sanofi-Bio Induslrics, presented and read. Council Member Kluesoer moved that the convnw1ication be received and filed. Seconded by Council Member Nosle. Carried by the followiog vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbeq¡. Nays-None. RESOLUTION NO, 413.93 AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH SANOFI BIO.INDUSTRIES AND SWISS V ALLEY FARMS FOR SEWER USE CHARGES Whereas, the fmns of Sanofi Bio Industries and Swiss Valley Farms desire to discharge waslewalcr to the City's Waler Pollution Conlrol Plant; and Whereas, the City of Dubuque owna a Waler Pollution Control Facility that is capable of treating this wastewater in accordance with Stale and Federal regulations. NOW TIlEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: Section 1. That the City Manager be authorized to execute the ag,rccmeots with Sanofi Bin-Industries and Swiss Valley Farms for sewer use charges with the City. Pwed, approved and adopled this 20th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City aerk James E. Brady Mayor Attest: Mary A. Davis City aerk Regular Session, December 20, 1993 Counell Member Kluesner moved adoption of the Resolution. Seconded by Counell Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesoer, Krieg, NosIe, Nicholson, Robbina, Voetbcrg. Nays---None. Communicatioo of City Manager submitting proposed plan to examioe housing code enforcement issues, preseoled and read. Counell Member Kluesoer moved that the convnunication be received and filed and approved Housing Code Enforcement issues. Seconded by Council Member Nagle. Carried by the followiog vote: Yeas-Mayor Brady, Couocil Members Kluesner, Krieg, Nagle, Nicholsoo, Robbins, Voetbeq¡. Nays-Nooe. RESOLUTION No. 414.93 Whereas, applications for Beer Permits have beeo submitted and filed to tlds Council for approval and the same have been examined and approved; and Wbereas, the premises to be occupied by such applicants were inspacled and found to comply with the Ordinances of this City and have filed proper honds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: That the Manager be authorized to cause to be issued the following oamcd applicants a Beer PcrmiL CLASS "C" BEER PERMIT MoJo Oil Co. Big 10 Mart 9th & Central Rainho Oil Co. KWIK Stop Food Mart 2320 Hwy 61 Pwed, approved and adopled this 20th day of December, 1993. Rainho Oil Co. Attest: Mary A. Davis City aerk James E. Brady Mayor Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetbcrg. Nays-None. RESOLUTION NO. 415-93 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examiued and approved; and Whereas, the preorises to be occupied by such applicants were iospacled and found to comply with the State Law and all City 472 Ordinances relevant thercto and they have filed proper honda. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named appIicauts a Liquor Licenac. CLASS "B" (HO'fEL.MOTEL) BEER AND LIQUOR LICENSE Kinaeth Holel Cotp. aarion Holel 450 Maio SL Design Cen...., Inc. Julian Inn 200 Main St CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kim & Denise Brcsbup A & B Tap 2600 Central Copper Kettle 2987 Jackson St The Lounge 481 Locust St Mario's llalian Restaurant 1298 Main SL Mike's Ten Pio Tap 601 Rhombeq¡ The Moracco 1413 Rockdale Rd The Whilehouse 450 W. Locust Pwed, approved and adopled this 20th day of December 1993. Design Cen...., Inc. David A. Ungs Phillip R. Love T & M, Inc. Michael J. Weber Moracco, Inc. David H. Hoffman Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the followiog vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager submitting documents providing for bidding process for Rehabililation of 16th Slreet Floodway Pumping Station, presenled and read. Couocil 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, NosIe, Nicholson, Robbins, Voetbeq¡. Nays-None. RESOLUTION NO. 416.93 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: 473 Regular Session, December 20,1993 ThaI the propooed plans, speclficallons, form of cootract and estimaled coat for the Rehabilitation of 16th Street FIoodwall Pumping Station, in the estimated amount of $114,740.00, arc hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopled and approved this 20th day of December, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voethcrg moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetbcrg. Nays-None. RESOLUTION NO, 417.93 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its prelimioary approval on the propused plaos, specificationa, and form of contract and placed same on Iile io the office of the City aerk for public inspection of the Rehabilitation of 16th Slrcct FIoodwall Pumping Station. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That on the 17th day of January, 1994, a public hearing will be bald at 7:30 p.m io the Public Library Auditorium at which lime in~sled persona may appear and be heard for or agaiost the proposed plans and spccificationa, form of contract and cost of said irnprovemen~ and the City Clerk be and is hereby direcled to cause a ootice of lima and place of such hearing to be published io a newspaper having general circu1stion in the City of Dubuque, Iowa, which notice shall be not less than four days oor more than twenty days prior to the day fixed for its conaidcration. At the hearing, any inlcresled person may appear and liIe objectiona to the proposed plans, specifications, contrac~ or eslimaled cost of the improvemenL Passed, adopled and approved this 20th day of December, 1993. Attest: Mary A. Davis City Cierk James E. Brady Mayor Council Member Voethcrg moved adoption of the Reaolution. Secooded by Council Member NichollOO. Carried by the following vo..: Yeas-Mayor Brady, Council Membera Kluesner, Krieg, NosIe, Nicholsoo, Robbins, Voetbcrg. Nays-Nouc. RE.'¡OLUTION NO. 41g-93 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY TIlE COUNCIL OF THE CITY OF DUBUQUE, IOWA: ThaI the Rehabilitatioo of 16th Slrcct FIoodwall Pumping Station is hereby ordered to be advarlised for bids for construction. BE IT FURTIlER RESOLVED, that the amount of the security to accompany each bid shall be io an amount which shall coaform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopled. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper haviog general circulation in the City of Dubuque, Iowa, which notice shall not he less than four days nor more than tweoty days prior to the receipt of said bids at 2:00 p.m. on the 7th day of January, 1994. Bids shall be opened and read by the City Clerk at said time and will be submined to the Council for final action at 7:30 p.m. on the 17th day of January, 1994. Passed, adopled and approved this 20th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City aerl< Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesoer, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager rccommcoding to vacalc and dispose of property localed betweeo South Locust Slrcct from Valley Slrcct Ex..naion to Railroad Avenue, presenled and re8d. Council Member Voetberg moved that the commw1ication be received and Iiled. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voctbeq¡. Nays-None. Regular Session, December 20. 1993 474 RESOLUTION NO. 419.93 RESOLUfION APPROVING PLAT OF PROPOSFJ> WTS IA AND 2A OF HENRY A. ROBINSON INDUSTRIAL SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Wbcraas, there bas been presenled to the City Council of the City of Dubuque, Iowa, a plat daled June 16, 1993, prepared by Buesiog &. AsaocialeS, describing the proposed vacatIng of Lot IA and Lot 2A of Heary A. Robinaoo Industrial Subdivision in the City of Dubuque; and Whereas, said plat conforms to the laws and statu"s purtainiog thereto. NOW, TIIEREFORE,BEITRESOLVED BY TIlE CITY COUNCiL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the plat daled Juue 16, 1993 prepared by Bocsing &. AssocialeS reladve to the real estale bereinahove described be and the same is hereby approved, and the Mayor and City aerk be and they arc hereby authorized and dirccled to execnle said plat for and on behalf of the City of Dubuque, Iowa. Section 2 The City of Dubuque reserves onto itse!f a perpetual casement including the right of ingress and egress thereto, for the pmpose of erecting, installing, constructiog, reconstrucdng, repairing, owning, operadng, and maintaining Waler, sewer, dtainage, gas, telephone, Lv. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown 00 said pial Section 3. That the area included in Lot 2A of Henry A. Robinson Industrial Subdivision be and is hereby dedicaled to the public for roadway and utility purposes. Section 4. That the City aerk be and is hereby authorized and dirccled to file said plat and ccrdfied copy of this resolution in the office of the Recorder, in and for Duhoque County, Iowa. J Passed, approved and adopted this 20th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City CierI< Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nngle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nays-None. An Ordinance Vacatlog Lots IA and 2A of Henry A. Robioson Industrial Subdivision, presenled and read. Council Member Voetbeq¡ moved that tbia be considered the first reading of the Ordinanoe, and that the requircmeot that a proposed Ordioance be conaidcred and vole<! on for pasaage at two Council mcadngs prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the Ordioance at the Council Meeting of 1-17-94 at 7:30 p.m in the Public Library Auditorium and that the City aerk publish notice in the manner prescribed by law. Seconded by Council Member Nagle. Carried by the following vo": Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIe, Nicholson, Robbins, Voetbeq¡. Nays-None. RESOLUfION NO, 420.93 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN LOT IA OF HENRY A. ROBINSON INDUSTRIAL SUBDIVISION IN THE CITY OF DUBUQUE TO RAYMOND A, AND ANNA MAE HANSEN Whereas, the City of Dubuque is the current owner of Lot IA in Heory A. Robinson Industrial Subdivision in the City of Duhoque, Iowa; and Whereas, the adjacent property owners, Raymond A. and Anna Mae Hansen, have petitioned to purohase said property nom the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa inlends to dispose of ils inlcrest in Lot IA in Heary A. Roblnaon lodustrial Subdivision. Section 2. That the conveyance of the City's interest shall be for the sum of $12,175.00 plus publicatlon and Iiling fees. Section 3. That the City Clerk be and is hereby authorized and dirccled to cause a ootice to be publisbed as prescribed under Section 364.7 Dispose of Property, Code of Iowa, 1993 or as amended. Passed, approved and adopled this 20th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetbeq¡ moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. 475 Regular Session, December 20,1993 MINUTES SUBMITTED -- Cable Commw1ity TeIaprogramming Commission of 12-7; Civil Service Commission of IG-27; Convnw1ity Development Commission of IG- 14 &; 11-22; Historic Prcservalion Commission of 11-30; Housing Coda Appcals Board of 11-16; Housing Commission of 11-9; Human Rights Commission of 11-8; Park &; Recreation Commission of 11-9; Transit Truslcc Board of 11-17, preseoled and read. Cooncil Member Voethcrg moved that the minutes be received and IDed. Seconded by Cooncil Member Nosle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, NosIo, Nicholson, Robbios, Voethcrg. Nays-None. NOTICES OF CLAIMS/SUITS -- Shalla M. Czipar (Karl Czipar) &; Mary Engling, in amount of $644.00 for personal injuries; Patti Dix io amount of $388.77 for vehicle damages; Thomas Fessler In amount of $376.56 for lost wages; Goss Holding Compuny in "",ount of $970.18 for vehicle damages; Thomas C. Shaffer in amount of $1,000.00 for personal iojuries, presenled and read Council Member Voetberg moved that the claims and suits be referred to Legal Staff for investigation and rcpurL Seconded by Council Member Nagle. Catried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nays-None. Corporarlon Counsel rccommcoding denial of tire damage claim of Roger Broesse1, prcsenled and read. Council Member Voetberg moved that the convnw1ication be received and filed and denial approved. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesoer. Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Proofs of Publication, ccrdfied to by tho Publisher, 00 Notice of Flndiog of No Significant Effect on the Environment for Vessel Syslcms, Inc.; Advising of Intent to file a Request for Re!ease of Funds for Eagle Point &; W. C. Brown Commw1ica1ions Inc. projects; List of aaiins paid for the mooth of October, 1993, prcsonled and read. Council Member Voetberg moved that the proofs be received and filed. Seconded by Council Member Nagle. Catried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nays-None. Lavonne Kenucdy rcquostiog 2 hour parldng in area of 19th &; Jackaoo Sts., presenled and read. Council Member VocIberg moved that the convnunica1ion be referred to tho City Manager. Seconded by Council Member Nagle. Catried by the following vole: Yeas-Mayor Brady, Council Members Kluesoer, Krieg, NosIe, Nicho1son, Robbins, Voetbcrg. Nays-None. Communication of aty Managor submitting amendment to his Employment Agreement to change evaluation dale, presenled and read. Council Member Voethcrg moved that the convnunica1ion be received and filed and amendment approved. Seconded by Council Momber Nosle. Carried by the following vote: Ycas-Mayor Brady, Council Members Kluesoer, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Commw1ica1ion of City Manager advising of approval of final plat of Blocka I, 2 and 3 and Lot C of Tiffany Ridge Subdivisiou, presenled and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 421.93 A RFSOLUTION APPROVING THE FINAL PLAT OF BLOCKS 1, 2AND3 AND LOTC OF TIFFANY RIDGE IN THE CITY OF DUBUQUE, IOWA. Wbereas, there has been filed with the City aerk a final plat Blocka 1,2 and 3 and Lot C of TIffany Ridge in the City of Dubuque, Iowa; and Whereas, upun said final plat appear slrcets to be known as Bmeck Road and TIffany Court. together with certain public utility and sw1itary and storm sewer easements which the Owners by said final plat have dedicaled to the public forever, and Wbereas, said final plat has been examioed by the Zoning Commission and had its approval endorsed thereon subject the owner(s) agreeing to the conditions noled in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statules and ordinances relating to i~ except that no slrcets or public utilities have yet been conalrUcted or installed; and Whereas, the City Couocil concurs io the conditions of approval established by the Zoning Commillion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Regular Session, December 20, 1993 ì f i t Scc1ion 1. That tho dedica1ions of Brueck Road and Tiffany Court, togetbcr with the easements for public utilities, sanitary sewer and storm sewer and water mains as they appear upon said fioal pl~ be and the Same are hereby accepted; and Section 2. That tho plat of Blocks I, 2 and 3 and Lot C of Tiffany Ridge is hereby approved and the Mayor and City aerk arc hereby authorized and dirccled to endorse the approval of tho City of Dubuque, Iowa, upon said final pl~ provided the owners of said property heroin named, execule their wrltteo acceptance hereto attached agreeing: a. To reduce Brueck Road and Tiffany Court to grade and to cooslrUct concrete curb and gutter and to hard surface with asphaltic concrele, or with concrete paving with inlegral curb, all in accordance with the City of Dubuque standard specifica1ions; all in a manner acceptable to the City Engineer and in conformance with construction improvement plans approved by the City Engineer. b. To Inslall sw1itary sewer mains and sewer service lalerals into each individnal lo~ waler maina and water service latetals Into each individnallo~ storm sewers and catch basina, boulevard slrcet lighting and erosion conlrol devices all in accordance with the City of Dubuque standard specificationa and In accordance with conalrUction improvement plans approved by tho City Engineer, and inspccled by the City Engineer. c. To construct said improvements, except sidewalks, prior to one ycør from the dale of acceptance of this resolution, at the solo expense of the subdivider, as owner, or future owner, d. To maiotain the public improvements, except sidewalka, for a period of two (2) years from the dale of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expenae of the subdivider, as owner, or future owner, e. To conslrUct sidewalks in accordance with the requirements of Section 42-24(e) of the City Cnde, specifically: Sidewalk inalallation shall be the responsibility of the owner of the property abuttiog the public right-of-way. The respunsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has beeo compleled, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved 476 by the plat have beco developed. All vacant lots shall have sidewalks Inslalled upun development of 80% of the lots approved by the piaL f. To ioslall a temporary cul-do-sac at the end of Tiffany Court. as per City Engineering specifica1ions, as sbown on the approved construction improvement plana. And further provided that said Wayne Briggs, as owner of said property, shall secure the peñormance of the foregoing conditions provided in Section 2 by providing security in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Scc1ion 3. That in the event Wayne Briggs shall fail to execule the acceptance and furnish tho security provided io Section 2 hereof within forty-five (45) days afler the date of the Resolution, the provislona hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopled this 20th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 421-93 I, the undersigned, Briggs Enlerprise, Inc., having read the terms and conditions of the Resolution No. 421-93 and being familiar with the conditiona thereof, hereby accept this same and agree to the conditions required therein. Daled in Dubuque, Iowa this 3rd day of February, 1994. By Is! Wayne Briggs, President By /s/ Wayne Briggs, Secretary To: Mary A. Davis City aerk This Is to cernfy that the necessary security for the foregoing Resolution No. 421-93 has been timely and properly filed. Daled at Dubuque, Iowa this 11th day of February, 1994. By /s/ Michael C. Van Milligeo City Manager Council Memher Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesoer, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nays-None. 477 Regular Session, December 20,1993 Convnw1icalion ofaty Manager advising of approval of final plat of Lots 1-6 ioe1usive ofEugeoe TIgges Subdivision, presented and read. Council Member Voetberg moved that the oommunicatioo be reoaived and filed. Seconded by Council Member Nagle. Carried by the following vote: Ycas-Mayor Brady, Couocil Members Kluesner, Krieg, Nugle, Nicholson, Robbins, Voethcrg. Nays-Nooe. RESOLUTION NO, 422-93 A RFSOLUTION APPROVING THE FINAL PLAT OF WTS 1-' INCLUSIVE OF EUGENE TIGGES SUBDIVISION IN mE CI1Y OF DUBUQUE, IOWA. Whereas, there bas been filed with the City aerk a final plat Lots 1-6 inclusive of Eugene Tigges Subdivision in the City of Dubuque, Iowa; and Whereas, upon said final plat appcør street(s) to be kriown as Pine View Drive, together with certain public utility easements which the Owners by said final plat have dedicaled to the public forever, and Whereas, said prelimináry plat has been examined by the Zoning Commission and had its approval endorsed thereon subject the owuer(s) agreeing to the conditions noled in Section 2 below; and Whereas, said fioal plat has been examined by the City Council and they find that it conforms to the preliminary pla~ except that drive grades have not been established, the drive brought to grade or puving installed. NQW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the easements for public utilities as they appcør upon said final pla~ be and the same arc hereby accepled; and Scc1ion 2. That the plat of Lots 1-6 of Eugene Tigges Subdivision is hereby approved and the Mayor and City Clark arc bereby authorized and dirccled to endorse the approval of the City of Dubuque, Iowa, upon said final pla~ provided the owners of said property bercin named, execute their written acceptance hereto attached agreeing: a. To reduce Pine View Drive to grade and to hard surface with bituminous concrele or with concrete paving, to a width of 22 f..~ all in accordance with the approved plans on file with the Office of the City Engineer, City of Dubuque, Iowa. b. To provide the foregoing conauuction and malnlenance of said improvements at the sole expenae of the owner,. Eugene Tigges, or the suCCCllors as assigoed. c. To provide water service and septic syslems io accordance with Dnbuque County specificationa. d. Access to the proposed lots shall be by means of Pine View Drive, not Old Highway Road. e. To provide for continuous mainleoance of the private roadways by the Engene TIgges Homeowners Associatioo as per restrictive covenants. f. To consuuct said improvements within two years ftom the date of acceptance of this resolution by the City of Dubuque, Iowa. g. To install temporary cul-de-sac(s) at the eod of Pine View Drive as shown on the approved consuuction improvement plans. And further provided that said Eugene Tigges, as owner of said property, shall secure the performance of the foregoing conditions provided in Sectioo 2 by providing security in soch 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 Eugene Tigges shall fail to execute the acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the dale of the Resolution, the provisiona hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopled this 20th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk , ACCEPTANCE OF RESOLUTION NO. 422-93 I, the undersigned, Eugene TIgges, having read the terms and conditions of the Resolution No. 422-93 and being familiar with the conditiona thereof, hereby accept this same and agree to the conditions required therein. Daled in Dubuque, Iowa this 3rd day of January, 1994. By !s! Eugene Tigges Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager submitling an amendmeot to Resolution for Flynn Estates, presented and read. Council Member Voetberg moved that the convnw1ication be received and liIed. Seconded by Council Member Nagle. Regular Session, December 20, 1993 478 I Carried by the following vote: Yeas-Mayor Brady, Couocil Members Kluesner, Krieg, Nagle, NichollOD, Robbins, Voetberg. Nays-None. RFSOLUTION NO, 4:13-93 RESOLUTION AMENDING RESOLUTION NO, 317-93 FOR THE FINAL PLAT OF FLYNN ESTATES IN DUBUQUE COUNTY, IOWA, TO CHANGE THE STREET NAME FROM MICHAEL DRIVE TO FLYNN DRIVE. I Whereas, the City Council has approved the final plat of Flynn Estates in Dubuque County, Iowa, by Resolution 317-93; and Wbereas, upun said final plat appears a street to be kriown as Michael Drive; and Whereas, a similar street name currently exists in Dubuque County. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 317-93 approving the final plat of Flynn Estales in Duhoque County, Iowa, as approved on October 4, 1993, is hereby amended to change Michael Drive to Flynn Drive. Section 2. That this resolution be recorded in conjunction with the final plat for Flynn Estates in Dubuque County, Iowa. P...ed, approved and adopled this 20th day of December, 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 followiug vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetbcrg. Nays-None. I I Communication of City Manager submitdng Supplement *16 to the Code of Ordinances for approval, presented and read. Council Member Voetberg moved that the convnw1ication be received and liIed. Secooded by Cooncil Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 414-93 ADOPTING SUPPLEMENT NO. l' TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Wbereas, under date ofJuly 17, 1989, the City Couocil, pursuant to Ordinance No. 34- 89, rcadopled the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopled up to and including December 19, 19&&; and Wberaas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopled certain ordinances amending the Code of Ordinances and said amendments have been prinled as sapplcments to the Code of Otdinances; and Wbereas, Section 3&0.8 of the Code of Ordinances provides that supplements, by resolution, beenme part of the Code of Ordioances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 16 of the Cnde of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 55-93 enacled through Seplcmber 20, 1993 and prepared by the Municipal Code Corporation, Tallubassee, Florida, hereto filed in the Office of the City Clerk of the City of Duboqoe, Iowa be and is hereby adopled and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of December, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolntion. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager requesdng to release CD Funds for Couper Wagon Factory Projec~ presenled and read. Council Member Voethcrg moved that the convnw1ication be received and liIed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 415-93 RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJEcT 479 Regular Session, December 20. 1993 480 Whereas, the City of Dubuque compleled an enviroomcolal assessment of the following project to be funded in the Convnw1ity Development Block Grant: Cooper Wagon Factory Projec~ and Whereas, pursuant to Resolutioo No. 389- 93, adopIed December 6, 1993, public ootice ofa "Finding of No Significant Effect on the Environment" for the ahove project was published December 8, 1993, in the Dubuque TeleJt11ll>h Hemld and provided for a public comment period unlil 12:00 0000, Wednesday, December 22, 1993; and Whereas, public notice of a "Finding of No Significant Effect on the Environment" for the project was sent by regular mall to various fedcral, stale and local public agencies and to the local news media, individuals and groups known to be in_sled and believed to be approptiale to receive such a public notice; and Whereas, any and all objections, if any, to such proposal will be duly considered; and Whereas, it is the inleot of the City Council to authorize the submission of a request 10 the U.S. Department of Housing and Urban Development for the release of funds to carry out the above identified projecL NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the envlronmcolal review record for the project shall continue to remaio on file in the Office of the City Clerk where said record may be examined and copied by any inleresled party. Sectioo 2. That the Mayor of the City of DubUque is hereby authorized and dirccled to submit to the U.S. Dcpartmcot of Housing and Urban Development withio seveo (7) days afler publication of approprlale notice a Request for Release of Funds to undertake the said projecL Section 3. That the Mayor of the City of DubUque is hereby authorized to consent to assume the status of a rcaponaible federal official under the National Environmenlal Protection Ac~ insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development respunsibilities for review, decision making, and action assumed and canied out by the City of Dubuque as to environmenlal issues. Section 4. That the Mayor of the City of DubUque is bercby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to eoforce responaibilities in reladon to environmental review, decision makiog, and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby authorized and dirccled to execute a cerlificatioo pertaining to the environmental review procedures. Section 6. That the aty Clerk be and she is hereby authorized and dirccled to publish a public notice for a Request for Release of Funds and Ccrdfication attached hereto and made a part hcrccf. Passed, approved and adopred this 20th day of December, 1993. Regular Session, December 20, 1993 ~ .1994. Attest: Mary A. Davis City aerk James E. Brady Mayor Adopred Council Member Voetberg moved adoption of the Resolutioo. Secooded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesoer, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. At 10:14 p.m Council Memher Voetberg moved to go into Closed Session In Accordance with Chapter 21.5(I)(c) To discuss stralcgy with Counsel io matters that arc presently in litigation. Seconded by Council Member Nicholson. Canied by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Council Members Council reconvened at 10:30 p.m. There beiog no further business, Council Member Nicholson moved to adjoum. Seconded by Council Member Robbins. Carried by the fol1owing vote: Yeas-Mayor Brady, Couocil Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voethcrg. Nays-None. Meeting adjourned at 10:31 p.m Mary A. Davis CMC City Clerk