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1994 March Council ProceedingsDUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, klatch 7, 1994 Council Met at 7 30 p m Public Library Audatonum Present Mayor Duggan, Council klembess Kluemer, Krieg, Nagle NicholLon, Robbins, Voetbeig, City Manager Michael C Van hhllhgen, Corporation Coumel Barry A Lindahl Mayor Duggan read the call and Ltated thn IL the Regular Session of the City Council called fot the purpose to act upon Luch business vihsch may properly come before the Council Invocation vas given by Si Rosalyn Ulferi, PEV'ML Chaplain at Mercy Medical Center PROCLAMIATIONS -- Promoting "Random Act of Kindness" program m Tn -State Area received by Tina Trauich of KWWL, Month of March ai 'Piofenonal Social Work Month" received by Mark Fageilund There +as an introduction of delegates from our Si ter City, Handan, China Council Member Nagle moved to Luipend the rules to allow anyone present to address the Council if they no dente Seconded by Council Member Robbins Canned by the following vote Yeas —Mayor Duggan, Council Members Klueiner, Krieg, Nagle NicholLon, Robbins, Voetbeig NayL —None Proof of Publication certified to by the Publisher on Notice of Public Heating on proposed voluntary annexation fot area located near Northv e t Arterial, communcation of Dubuque County Board of Superviioss Lupporting annexation, and communcation of City Manager recommending approval of annexation, presented and read There +as no vrotten objections received and no oral objectors present at the time of the Heating Council Member Klueiner moved that the proof and communcationL be received and filed Seconded by Council Member NicholLon Canned by the following vote Yeas —Mayor Duggan, Council Membess Klueiner, Krieg, Nagle NicholLon, Robbins, Voetbeig Nays —None RESOLUTION NO. 6 " -94 Reaular Session. March 7. 1994 62 A RESOLUTION RESCINDING RESOLUTION NO. 6 " -94 AND -ANNEXING Ll- Ll -L1 -E1 2 -SE1 4 OF THE NE1 4 -SE1 4 -SEC. 1 "- T89N -R:E AND L2- L1- L1- L1 -L1 -L2 OF THEODORE KONZEN PLACE, DUBUQUE TO\ \NSHIP. DUBUQUE COUNTY, IOWA. VAhereas, the City of Dubuque, as over of appioxmately 2 7 acres of Northwest Arterial tight-of-way lying immediately adjacent to the City of Dubuque, Ion +a, has voluntarily petitioned fot annexation of said tenntory to the City of Dubuque, and VAhereas, Chapter 368 of the Code of Ion +a authorizes the extension of City lnut m situations of thn character by the adoption of a resolution, and VAhereas, the future growth and development of the City of Dubuque, Ion +a, make it clearable that Laid temtory be made part of the City of Dubuque, Ion +a NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1 That Resolution No 67.94 i heteby rescinded Section 2 That the tenrtonal brut of the City of Dubuque, Ion +a, be and they are heteby extended to include the area compnimg the following described teal estate to wit Li-Li-Li-El 2-SE1 4 of the NE1 4-SE1 4- SEC 17- T89N -R2E and L_ -L 1 -L 1- Ll -L1- L2 of Theodore Konen Place, Dubuque Tov nihsp, Dubuque County, Ion +a Section 3 That the temtory heteby annexed Lhall become a part of the Second Ward, Seventh and Eleventh Precinct of the City of Dubuque, Ion +a Section 4 That the City Clerk be and Lhe rs heteby authorized and directed to Lubmst a certified copy of thn resolution along with the attached maps and other necessary document to the City Development Board m accordance with provisions of Chapter 368 of the Code of Ion +a Passed, approved and adopted thn 7th day of klatch, 1994 Terrance M Duggan, Mayor Attest Mazy A Davis, City Clerk Council Member Klueiner moved adoption of the Resolution Seconded by Council Member NicholLon Carried by the following vote Yeas —Mayor Duggan, Council Members Klueiner, Krieg, Nagle, NicholLon, Voetbeig Nays —None Proof of Publication certified to by the Publssher on Notice of Heating on Plans and Specifications fot the Flexiteel InduLtneL Drainage Improvement Project, presented and read There +ete no nmtten objection received and no oral objectors present at the time of the Heating Council Member Kluesner moved that the proof be received and filed Seconded by Council Member Nagle 6? Dannlar Caccinn Marrh 7 199d Carried by the following vote Year —Mayor Duggan, Council Memberr Kluerner, Krieg, Nagle Nicholron, Voetberg Nayr —None RESOLUTION NO. 68 -94 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 16th day of February, plan,, specification,, form of contract and etnmated cost were filed with the Crty Clerk of Dubuque, Iowa for the Flexsteel Indurtner Dramage Improvement Project Whereas, notice of hearing on plans, specifications, form of contract, and ertimated cost war published ar required by law NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the Laid plans, specifications, form of contract and ertimated cost are hereby approved ar the plan, rpecificationr, form of contract and ertimated cost for Laid irnprovementr for Laid project Panned, adopted and approved thir 7th day of Match, 1994 Terrance M Duggan, Mayor Mint Mary A Davrr, City Clerk Council Member Kluerner moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote Year —Mayor Duggan, Council Members Kluerner, Krieg, Nagle, Nrcholron, Voetberg Nayr —None Proof of Publication certified to by the Publisher on Notice to Bidden for project and communication of City Manager recommendmg to award contract, prerented and read Council Member Kluerner moved that the proof of publication and communication be recerced and filed Seconded by Council Member Nagle Carried by the following vote Year —Mayor Duggan, Council Members Kluerner, Krieg, Nagle Nrcholron, Robbing, Voetberg Nayr —None RESOLUTION NO. 69 -94 AWARDING CONTRACT Whereas, realed proporalr have been rubmitted by contraction for the Flexsteel Industner Dramage Improvement Project pursuant to Resolution No 43 -94 and notice to bidden published m a new rpaper published m the City of Dubuque, Iowa on the 24th day of February, 1994 VAhereas, Laid realed proporalr were opened and read on the 2 2nd day of March, 1994 and it liar been determined that the bid of Portzen Construction, Inc of Dubuque, Iowa m the amount of $ 00 war the lower bid for the furmrhmgr of all labor and matenalr and performing the work ar provided for m the plan and rpecificationr NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the contract for the above improvement be awarded to Portzen Construction, Inc and the Manager be and rr hereby directed to execute a contract on behalf of the Crty of Dubuque and the County of Dubuque for the complete performance of the work BE IT FURTHER RESOLVED That upon the rrgrung of Lard contract and the approval of the contractor'r bond, the Crty Treasurer rr authorized and instructed to return the bid deporrtr of the unruccerrful bidden Panned, approved and adopted thir 7th day of March, 1994 Terrance M Duggan, Mayor Mint Mary A Davrr City Clerk Council Member Kluerner moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote Year —Mayor Duggan, Council Members Kluerner, Krieg, Nagle Nrcholron, Voetberg Nayr —None Proof of Publication certified to by the Publisher on Notice of Hearing on Plaru and Specification for Curtis Street Sanitary Sewer Repair Project prerented and read There wete no written objection recerced and no oral objection preen at the time of the Hearing Council Member Robbmr moved that the proof be recerced and filed Seconded by Council Member Nicholron Carried by the following vote Year —Mayor Duggan, Council Members Kluerner, Krieg, Nagle Nicholron, Voetberg Nayr —None RESOLUTION NO. "0 -94 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2 2nd day of February, plan, rpecification, form of contract and etnmated cost were filed with the City Clerk of Dubuque, Iowa for the Curtis Street Sanitary Sewer Repair Project Whereas, notice of hearing on plan, rpecification, form of contract and ertimated cost war published ar required by law NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the Lard plan, rpecification, form of contract and ertimated cost are hereby approved ar the plan, rpecification, form of contract and ertimated cost for Lard i mprovementr for Lard project Panned, adopted and approved thir 7th day of Match, 1994 Terrance M Duggan, Mayor Mint Mary A Davrr City Clerk Council Member Robbmr moved adoption of the Resolution Seconded by Council Member Nrcholron Carried by the following vote Year —Mayor Duggan, Council Memberr Kluerner, Krieg, Nagle Nrcholron, Voetberg Nayr —None Proof of Publication certified to by the Pubhshex on Notice to Bidden fot pxoject and communication of City Manager xecommendmg to award contract, presented and read Council Member Robbins moved to xecexve and file the proof and communication Seconded by Council Member Nicholson Carried by the following vote Yeas —Mayor Duggan, Council Memben Kluemex, Krieg, Nagle Nicholson, Voetbexg Nay, —None RESOLUTION NO. "1 -94 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contxacton fot the Curtis Street Sanitary Set +et Reconstruction pursuant to Resolution No 32 -94 and notice to bidden published m a newspaper published m the City of Dubuque, Iowa on the 10th day of February, 1994 Whereas, said sealed proposals wete opened and read on the 24th day of February, 1994 and it has been determined that the bid of Superior Excavating of Dubuque, Iowa m the amount of $53,124 95 vas the lowest bid fot the fusmshmgs of all labor and materials andperformung the vroxk as provided fot m the plans and specifications NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the contract fot the above improvement be awarded to Superior Excavating and the Manager be and if hereby dxxected to execute a contract on behalf of the City of Dubuque fot the complete pexfoxmance of the vroxk BE IT FURTHER RESOLVED That upon the ngrung of said contract and the approval of the contractor's bond, the City Treasurer i authoxued and instructed to x etuxn the bid deposit of the unsuccessful bidden Passed, approved and adopted this 7th day of Match, 1994 Terrance M Duggan, Mayor itest Mary A Davis, City Clerk Council Member Robbins moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote Yeas —Mayor Duggan, Council Memben Kluemex, Krieg, Nagle Nicholson, Voetbexg Nays —None Communication of City Manager xecommendmg luting Strand ,associates to provide engmeexing Leman fot Phase II Improvements at Water Pollution Control Plant, presented and read Council Member Krieg moved that the comumunication be xecerved and filed Seconded by Council Member Voetbexg Carried by the following vote Yeas —Mayor Duggan, Council Memben Kluemex, Krieg, Nicholson, Voetbexg Nays— Council Member Nagle Reaular Session. March 7. 1994 64 RESOLUTION NO. -94 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH STRAND ASSOCLATES. INC., FOR THE PURPOSE OF PROVIDING ENGINEERING SERVICES DURING CONSTRUCTION FOR THE PHASE II IMPROVE?IENTS AT THE WATER POLLUTION CONTROL PLANT Whereas, a construction contract win be avoided fot Phase II Improvements at the Dubuque Water Pollution Control Plant, and Whereas, Strand ,associates, Inc , ha, submitted to the City an agreement to conduct these Leman fot an amount not to exceed $125,000, and Whereas, funds have been legally appxopnated fot this expenditure NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1 That the City Manager be authoxued to execute the agreement fot engmeexing Leman with Strand ,associates, Inc, dated March 3, 1994, fot the Phase II Improvement pxoject at the Dubuque Water Pollution Control Plant Passed, approved and adopted this 7th day of Match, 1994 Terrance M Duggan, Mayor itest Mary A Davis, City Clerk Council Member Krieg moved adoption of the Resolution Seconded by Council Member Voetbexg Carried by the following vote Yeas —Mayor Duggan, Council Memben Kluemex, Krieg, Nicholson, Robbins, Voetbexg Nays— Council Member Nagle Communication of City Manager advising of a low interest loan pool m the Downtown Tax Increment Financing District, presented and read Council Member Krieg moved that the communication be xecexved and filed Seconded by Council Member Robbins Carried by the following vote Yeas —Mayor Duggan, Council Memben Kluemex, Krieg, Nagle Nicholson, Voetbexg Nays —None RESOLUTION NO. "3 -94 A RESOLUTION AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN PROGRAM LOAN TO THE GRAND OPERA HOUSE Whereas, on December 20, 1993, the City of Dubuque did by Resolution =412 -93, create and fund a new Downtown Rehabilitation Loan Program fot the purpose of stimulating private reinvestment m the Downtown Urban Renewal District, and Whereas, the City of Dubuque, Iowa if encouraging the use of the Loan Program to finance the renovation of buildmg facades m the Downtown Urban Renewal District, and 65 Reaular Session. March 7. 1994 VAheteas, the Grand Opera Home at 135 West 8th Street IL located vithm the Downtown n Urban Renewal Distract and v i heL to LeLtote the facade of AL hntoxxc theater, and VAheteas, a Letter of Commitment hereto attached and by thn xefexence made a part hereof Left forth the terms and condition of the Grand Opera Howe; L participation m the Downtown n Rehabilitation Loan Program NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1 That the application of the Gland Opera Howe fot participation m the Downtown Rehabilitation Loan Piogiam is heteby accepted and approved Section 2 That the Mayor is heteby authotixed to execute, on behalf of the City Council of the City of Dubuque, the attached Commitment Letter and to forward Laid letter to the Grand Opera Howe fot teviev and approval Section 3 That the City Manager be and he IL heteby dnected to prepare, upon execution and receipt of the attached Commitment Letter by the Grand Opera Howe, the neceLLary loan documenft m accot dance with the term and condition Let forth m Laid letter of commitment Section 4 That the City Manager is heteby authotixed to execute, on behalf of the City Council of the City of Dubuque, all neceLLary loan documenft and IL further authotixed to dnbune loan fund& from the Downtown n Rehabilitation Loan Piogiam, m accordance with the term and condition of the executed agreement PaLLed, approved and adopted thxL 7th day of klatch, 1994 Teixance M Duggan, Mayor Attest Mary A Davi , City Clerk Council Member Krieg moved adoption of the Resolution Seconded by Council Member RobbmL Caned by the following vote YeaL —Mayor Duggan, Council Memben Kluemei, Kneg, Nagle NicholLon, Voetbetg NayL —None An Ordinance Vacating a portion of Ketpet Boulevard abutting Lot 1 of Lot 2 and Lot 1 of Lot 2 of Lot 2 of Block 6 of Rivet Front Subdminon No 3 , Laid Ordinance havmg been pteLented and read at the Council Meeting of 2- 21 -94, pteLented fot fuxthet action (OFFICIAL PUBLICATION) ORDINANCE NO. 9 -94 ORDINANCE VACATING A PORTION OF KFRPFR BOULEVARD ABUTTING LOT 1 OF LOT 2 AND LOT 1 OF LOT OF LOT 2 OF BLOCK 6 OF RIVER FRONT SUBDIVISION NO. 3. \l'hereaL, IIW Engmeen & Surveyon, P C Dubuque, Iowa, has prepared and Lubmitted to the City Council a plat Mowing the vacated portion of Ketpet Boulevard and aLLigned lot number thereof winch hetemaftet shall be known and descnbed as Lot lA and Lot 2A in Block 6, Rivet Front Subdminon No 3 m the City of Dubuque, Dubuque, County, Iowa, and VAheteas, the City Council of the City of Dubuque, Iowa has determined that this portion of Ketpet Blvd IL no longer tequned fot public we, and vacating of Laid portion of Ketpet Blvd known as Lot 1A and Lot 2A m Block 6, Rivet Front Subdminon No 3 m the City of Dubuque, Dubuque County, Iowa, Mould be approved NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1 That the teal estate descnbed as Lot 1A and Lot 2A m Block 6, River Front Subdavinon No 3 m the City of Dubuque, Iowa be and the Lame is heteby vacated PaLLed, approved and adopted thiL 7th day of klatch, 1994 Attest Mary A Davi , City Clerk Published officially m the Telegraph Herald net+ Lpapet thxL 16th day of March, 1994 It 3 16 Mary A DaviL CMC, City Clerk Council Member Kluemet moved that thxL be conideted the Lecond teading of the Ordinance, and that the tequnement that a proposed Ordinance be conideted and voted on fot paLLage at two Council meetinge pnot to the meeting at winch it IL to be finally adopted be Lmpended and further moved final adoption of the Ordinance Seconded by Council Member Nagle Caned by the following vote YeaL —Mayor Duggan, Council Memben Kluemei, Krieg, Nagle NicholLon, Voetbetg NayL —None RESOLUTION NO. "4 -94 VAheteas, application fot Liquor LiceneL have been Lubmitted to thxL Council fot apps oval and the Lame have been examined and approved, and VAheteas, the ptemneL to be occupied by Luch appkcanft vate inspected and found to comply with the State Law and all City OtduwiceL relevant thereto and they have filed ptopet bon& NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the Manager be authotixed to came to be issued the following named appkcanft a Liquor Licene CLASS "C" (COnMffRCIAL) BEER AND LIQUOR LICENSE Ftateinal Otdet of Eagle =568 FOE =568 1175 Century Di PaLLed, approved and adopted thnL 7th day of klatch, 1994 Attest klary A Davi , City Clerk Terrance M Duggan, Mayor Terrance M Duggan, Mayor Council Member Nagle moved adoption of the Resolution Seconded by Council Member Robbins Caned by the following vote Yea, —Mayor Duggan, Council Membets Kluesnei, Krieg, Nagle Nicholson, Voetbetg Nays —None Communication of Long Range Planning Commission requesting a public heating be held on March 21 to consider approval of Phase I of the Comptehensna Plan fox the City of Dubuque, presented and read Council Member Voetbetg moved to xecetve and file the communication and set the matter fox Public Heating on Match 21, 1994 at 7 30 p m m the Public Library Auditorium and that the City Clerk publish notice m the manner ptescnbed by law Seconded by Council niembet Nagle Caned by the following vote Yeas— h1ayot Duggan, Council Membets Kluesnei, Krieg, Nagle Nicholson, Voetbetg Nays —None Communication of Long Range Planning Commission requesting a public heating be held on march 21 to consider approval of Dubuque Rivetfiont Plan, presented and read Council Member Voetbetg moved that the communication be xecerved and filed and set the matter fot Public Heating on March 21, 1994 at 7 30 p m m the Public Library Auditorium and that the City Clerk publish notice ptescnbed by law Seconded by Council Member Nagle Caned by the following vote Yeas— h1ayot Duggan, Council Membets Kluesnei, Krieg, Nagle Nicholson, Voetbetg Nays —None Communication of City klanaget submitting documents ptovidmg fot construction of 1994 Asphalt Pavmg Project, presented and read Council klembet Voetbetg moved that the communication be xecerved and filed Seconded by Council klembet Nicholson Caned by the following vote Yeas— klayot Duggan, Council klembets Kluesnei, Krieg, Nagle Nicholson, Voetbetg Nays —None RESOLUTION NO. "5 -94 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA That the proposed plans, specifications, form of contract and estimated cost fot the 1994 Asphalt Pavmg Project, m the estimated amount of 609,262 39, axe heteby approved and ordered filed m the office of the City Clerk fot public inspection Passed, adopted and approved this 7th day of klatch, 1994 Attest Mary A Davis, City Clerk Reaular Session. March 7. 1994 66 Terrance M Duggan, Mayor Council Member Voetbetg moved adoption of the Resolution Seconded by Council Member Nicholson Caned by the following vote Yea, —Mayor Duggan, Council Membets Kluesnei, Krieg, Nagle, Nicholson, Voetbetg Nays —None RESOLUTION NO. "6 -94 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS VAheteas, the City Council of the City of Dubuque, Ion +a has given its ptelmunary approval on the proposed plans, specifications, and Sara of contract and placed same on file m the office of the City Clerk fot public inspection of the 1994 Asphalt Pavmg Project NOW THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA That on the 4th day of Aptil, 1994, a public heating will be held at 7 30 p m m the Public Libt any Auditorium at winch time interested persons may appear and be heard fot ox against the proposed plans and specifications, Sara of contract and cost of said i mptovement, and the City Clerk be and is heteby directed to cause a notice of time and place of such heating to be published m a newspaper havmg genet al circulation m the City of Dubuque, Ion +a, which notice shall be not less than four days not mote than twenty days pnot to the day fixed fot its consideration At the heating, any interested person may appear and file objections to the proposed plans, specifications, contract ox estimated cost of the i mptovement Passed, adopted and approved this 7th day of klatch, 1994 Terrance M Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Voetbetg moved adoption of the Resolution Seconded by Council Member Nicholson Caned by the following vote Yeas —Mayor Duggan, Council Membets Kluesnei, Krieg, Nagle, Nicholson, Voetbetg Nays —None RESOLUTION NO. " " -94 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CODICIL OF THE CITY OF DUBUQUE, IOWA That the 1994 Asphalt Pavmg Project i hereby otdeted to be advertised fot bids fot construction BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be m an amount which shall conform to the provisions of the notice to bidden heteby approved as a part of the plans and specifications hetetofote adopted That the City Clerk n heteby directed to advertise fox bids fox the construction of the =pavements hetem provided, to be published in a newspaper havmg general circulation m the City of Dubuque, Ion +a, which notice shall 67 Reaular Session. March 7. 1994 not be less than four days not mote than twenty days /mot to the receipt of Lard bids at 2 00 p m on the 14th day of April, 1994 ErdL Lhall be opened and read by the City Clerk at Lard time and will be Lubmstted to the Council fot final action at 7 30 p m on the 2 2nd day of May, 1994 PaLLed, adopted and approved thn 7th day of klatch, 1994 Terrance M Duggan, Mayor Attest Mary A Davi , City Clerk Council Member V'oetberg moved adoption of the ReLolutron Seconded by Council Member Nichol Lon Carted by the following vote YeaL —Mayor Duggan, Council Members Kluesner, Kneg, Nagle Nichol Lon, V'oetberg NayL —None Communication of City Manager Lubmsttmg document providmg fot contraction of 1994 Concrete Paving Project preLented and read Council Member V'oetberg moved that the communication be received and filed Seconded by Council Member Nagle Canned by the following vote YeaL —Mayon Duggan, Council Members Kluesner, Kneg, Nagle Nichol Lon, V'oetberg NayL —None RESOLUTION NO. "8 -94 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA That the propoLed plan, Lpecrficatron, form of contract and eanmated cost fot the 1994 Portland Cement Concrete Paving Project m the eanmated amount of $ axe hereby approved and ordered filed m the office of the City Clerk fot public mspectron PaLLed, adopted and approved thn 7th day of klatch, 1994 Tetance M Duggan, Mayor Attest Mary A Davi , City Clerk Council Member V'oetberg moved adoption of the ReLolutron Seconded by Council Member Nagle Canned by the following vote YeaL —Mayor Duggan, Council Members Kluesner, Kneg, Nagle Nichol Lon, V'oetberg NayL —None RESOLUTION NO. "9 -94 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given in prelmunary approval on the propoLed plan, Lpecrficatron, and Sara of contract and placed Lame on file m the office of the City Clerk fox public mspectron of the 1994 Portland Cement Concrete Paving Project NOW THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA That on the 4th day of April, 1994, a public heating will be held at 7 30 p m m the Public Library Audatonum at which time mtereLted person may appear and be heard fox or against the propoLed plan and LpecrficatronL, Sara of contract and cost of Lard improvement, and the City Clerk be and IL hereby directed to cause a notice of time and place of Luch heating to be pubhLhed m a newLpaper havmg general circulation m the City of Dubuque, Iowa, which notice Lhall be not leLL than four dayL not more than twenty dayL pnor to the day fixed fox it connderatron At the heating, any mtereLted person may appear and file objection to the propoLed plan, Lpecrficatron, contract or eanmated cost of the improvement PaLLed, adopted and approved thn 7th day of klatch, 1994 Tetance M Duggan, Mayor Attest Mary A Davi , City Clerk Council Member V'oetberg moved adoption of the ReLolutron Seconded by Council Member Nagle Canned by the following vote YeaL —Mayor Duggan, Council Members Kluesner, Kneg, Nagle Nichol Lon, V'oetberg NayL —None RESOLUTION NO. 80 -94 RESOLUTION OF NFCFSSITY Whereas, propoLed plan have been duly prepared and approved by the City Council of the City of Dubuque and axe now on file m the office of City Clerk Lhowmg among other thmgL the plan, Lpecrficatron, form of contract estimated cost and prelmunary plat and Lchedule Lhowmg the amount propoLed to be aiieLLed against each lot and the valuation of each lot as filed by the City Council, fox the 1994 Portland Cement Concrete Paving Project NOW THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA That the City Council deemL rt advnable and neceLLary fox the public welfare to make the herem mentioned nmprovementi, and unleLL property owners at the time of the final conrderatron of thn propoLed resolution have on file with the City Clerk objection to the resolution of neceinty, they Lhall be deemed to have waived all objection permuting to the regular ty of the proceeding and the legality of uimg the Lpecral aLLeLLment procedure Said imptovemenn Lhall be conLtructed and done m accordance with the plan and LpecxficatxonL which have been approved by the City Council and now on file with the City Clerk That the cost and expense of making Luch improvement will be aLLeLLed partially or totally against ptvately owned property lying with the aLLeLLment harm, and m an amount not to exceed that provided by law, and m proportion to the special benefit conferred The portion of the colt which shall be borne by the City will be paid from Road Use Tax Fund and Iowa Local Option Saler Tax Fund, and Special Azressment Bonds and Sanitary Sent Co/infraction Fund, and Watetmam Replacement Fund, and special assessment bonds may be issued m anticipation of deferred payment of assessment when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor The above resolution vas introduced, approved and ordered placed on file with the City Clerk this 7th day of klatch, 1994 Approved and placed on file fot final action Terrance M Duggan, Mayor ltest Mary A Davis, City Clerk Council Member V'oetbexg moved adoption of the Resolution Seconded by Council Member Nagle Canned by the following vote Yea, —Mayor Duggan, Council Membess Kluesnex, Krieg, Nagle Nicholson, V'oetbexg Nay, —None RESOLUTION NO. 81 -94 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given it prelmunary approval on the proposed plans, specifications and funk of contract and placed same on file m the office of the City Clerk fot public inspection, fot the 1994 Portland Cement Concrete Paving Project and, Whereas, the proposed Resolution of Necessity fot said improvement has been introduced and ir now on file m the City Clerk's office fot public inspection NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That on the 4th day of April, 1994, a public heating will be held at 7 30 o'clock p m m the Public Library ,juditonum m the City of Dubuque at which time the ov ness of property subject to assessment fot the proposed improvement or any other person having an interest m the matter may appear and be heard fot or against the making of the improvement, the boundaries of the dntnct, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and ir heteby authorised and directed to cause a notice of tune and place of such heating to be published m a newspaper having general circulation m the City of dubuque, Iowa, which notice shall be published once each week fot two consecutive weeks, the flirt publication of which shall be not less than ten days prior to the day fixed fot it consideration Unless property owness at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity Reaular Session. March 7. 1994 68 they shall be deemed to have waived all objections thereto Passed, adopted and approved this 7th day of klatch, 1994 Terrance M Duggan, Mayor ltest Mary A Davis, City Clerk Council Member \'oetberg moved adoption of the Resolution Seconded by Council Member Nagle Caned by the following vote Yea, —Mayor Duggan, Council Member Kluesner, Krieg, Nagle Nicholson, \'oetberg Nay, —None RESOLUTION NO. 82 -94 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the attached sheet, 1 to 14 mclunve, are heteby determined to be the schedule of proposed assessment fot the 1994 Portland Cement Concrete Paving Project and the valuations set out hetem are heteby approved Passed, approved and adopted this 7th day of klatch, 1994 Terrance M Duggan, Mayor ltest Mary A Davis, City Clerk Council Member V'oetberg moved adoption of the Resolution Seconded by Council Member Nagle Caned by the following vote Yea, —Mayor Duggan, Council Member Kluesner, Krieg, Nagle, Nicholson, V'oetberg Nay, —None Communication of City Manager submitting document providing fot construction of Watet Pollution Control Plant Phase II Improvement, presented and read Council Member V'oetberg moved that the communication be received and filed Seconded by Council Member Robbins Canned by the following vote Yeas —Mayor Duggan, Council Memben Kluesner, Krieg, Nagle Nicholson, V'oetberg Nay, —None RESOLUTION NO. 83 -94 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Whereas, the proposed plans, specifications and form of contract fot the Dubuque Watet Pollution Control Plant Phase II Improvement m the estimated amount of $2,045,000 have been prepared by Strand ,Associates under the direction of the City NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1 The proposed plans, specification,, and form of contract are approved and ordered filed m the office of the City Clerk fox public inspection Passed, approved and adopted this 7th day of klatch, 1994 69 Reaular Session. March 7. 1994 Texxance M Duggan, Mlayot Attest Nlary A Davis, City Clerk Council Mlembet Voetbetg moved adoption of the Resolution Seconded by Council Mlembet Robbins Canted by the following vote Yea,— Mlayot Duggan, Council Mlembeii Klueinet, Krieg, Nagle Nicholson, Voetbetg Nay, —None RESOLUTION NO. 84 -94 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS VAheteas, the City Council of the City of Dubuque, Iowa, has given in ptelmunary approval of the proposed plans, specifications, and firm of contract and placed same on file m the office of the City Clerk fox the Dubuque Water Pollution Control Plant Phase II Improvements NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1 That on the 18th day of Aptil, 1994, a public heating will be held at 7 30 p m m the Public Library Auditorium at which time interested petions may appear and be heard fox ox against the proposed plans and specifications, form of contract and cost of said i mptovement, and the City Clerk be and is heteby directed to cause a notice of tune and place of such heating to be published m a newipapet having genetal circulation m the City of Dubuque, Iowa, which notice shall be not less than four days not mote than twenty days pnot to the day fixed fot it consideration At the heating, any interested petion may appear and file objections to the proposed plans, specifications, form of contract, ox estimated cost of the umptovement Passed, approved and adopted thn 7th day of blanch, 1994 Teixance M Duggan, Mlayot Attest Mary A Davis, City Clerk Council Mlembet Voetbetg moved adoption of the Resolution Seconded by Council Mlembet Robbins Canned by the following vote Yeas— Mlayot Duggan, Council Mlembei Klueinet, Krieg, Nagle Nicholson, Voetbetg Nays —None RESOLUTION NO. 85 -94 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1 That the project titled Dubuque Water Pollution Control Plant Phase II Improvements ss heteby otdeted to be adverts ed fot bids fot construction Section 2 That the amount of the security to accompany each bid shall be m an amount which shall conform to the ptovinoni of the notice to bidden heteby approved as part of the plans and specifications hetetofote adopted Section 3 That the City Cletk ss heteby du ected to adverts a fot rids fot the construction of the nmptovement hetem provided to be pubhihed m a newipapet having genetal circulation m the City of Dubuque, Iowa, which notice shall not be less than four days not mote than twenty days pnot to the receipt of said bids at 2 00 p m on the 7th day of Aptil, 1994 Eids shall be opened and read by the City Clerk at said time and will be submitted to the Council fot final action at 7 30 p m on the 18th day of Aptil, 1994 Passed, approved and adopted thn 7th day of blanch, 1994 Teixance M Duggan, Mlayot Attest Mary A Davis, City Clerk Council Mlembet Voetbetg moved adoption of the Resolution Seconded by Council Mlembet Robbins Canned by the following vote Yeas— Mlayot Duggan, Council Mlembei Klueinet, Krieg, Nagle Nicholson, Voetbetg Nays —None MIINIUTES SUEMMITTED -- Airport Commission of 1 -11, Cable Community Teleptogtamming Commission of 2-1, Civil Service Commission of 12 -6 -93, Electrical Code Board of 2 -18, Housing Commission of 2 -8, Five Flags Commission of 2 -21, Park & Recteation Commission of 2 -8, Park & Recreation Commission's Roosevelt Park Study Committee of 2 -9 & 2 -21, Plumbing Board of 3 -1, presented and read Council Mlembet Voetbetg moved that the minutes be received and filed Seconded by Council hlembet Nagle Carried by the following vote Yeas —Mayon Duggan, Council Mlembei Klueinet, Krieg, Nagle Nicholson, Voetbetg Nays —None NOTICES OF CLAIM'S SUITS -- John Ei dotf, It , $70 00 fot vehicle damages, Ilary Davi , $356 06 fot vehicle damages, Diane Digmann m unknown amount fot personal injuries, John Hopkins m amount of $975 52 fot vehicle damages, Michael David Hotchkiss m amount of $1691 39 fot vehicle damages, Robert Lucas m amount of $87 31 fox vehicle damages, Kathy hluu m amount of $230 88 fot vehicle damages, Jackie Nelson m amount of $63 20 fox vehicle damages, Judy Redly m unknown total amount fox vehicle damages, Julie Saeugling m amount of $106 94 fot vehicle damages, Selma Simon m unknown amount fox personal injuries, James Wahlert m amount of $118 76 fox vehicle damages, presented and read Council hlembet Voetbetg moved that the claims and suits be tefened to the Legal Staff fox investigation and report Seconded by Council hlembet Nagle Canted by the following vote Yeas —Mayon Duggan, Council Nlemben Klueinet, Kneg, Nagle Nicholson, Voetbetg Nays —None Commumcations of Corporation Counsel adi.t g following claims have been xefened to Cxav ford & Company, the agent fox the Iowa Communities Assurance Pool Cat damage of Jean Dal - mg, Cat damage of Valerie Dunlap, Personal Injury of Stacey Lethem, Penonal injury of Margaret M Millet, Penonal injury of Judy Smagxa, presented and read Council Member Voetbeig moved that the communications be xecexved and filed Seconded by Council Member Nagle Caned by the following vote Yeas —Mayor Duggan, Council Members Kluemex, Krieg, Nagle Nichohon, Voetbeig Nay, —None Commumcations of Corporation Counsel iecommendmg settlement of following claims John A Bierman m amount of $462 00 foi set +el backups, Gerald R Foht m amount of $238 50 foi car damages, Inteiitate Pont Co m amount of $543 98 foi property damages, Linda Lochner m amount of $363 53 fox property damages, Kelh Pitz m amount of $117 72 foi car damages, presented and lead Council Member Voetbeig moved that the communications be received and filed and appioved settlement with Finance Duectoi to issue checks Seconded by Council Member Nagle Caned by the following vote Yeas —Mayor Duggan, Council Membeii Kluesnei, Krieg, Nagle Nicholson, Voetbeig Nays —None REFUNDS REQUESTED -- Blue moon Development Co m amount of $422 50 on unexpired Liquor License, presented and lead Council Member Voetbeig moved that the refund be appioved with the Finance Duectoi to issue check Seconded by Council Member Nagle Caned by the following vote Yeas —Mayor Duggan, Council Membeii Kluesnei, Krieg, Nagle Nicholson, Voetbeig Nays —None Communication of Jeffrey hlozena submitting his iengnation fiom Long Range Planning Commission and Michael I Euelow submitting }us iengnation fiom the Park & Recreation Commission, presented and lead Council hlembei Voetbeig moved that the communication be received and filed and accepted with regret Seconded by Council Member Nagle Caned by the following vote Yeas —Mayor Duggan, Council hlembeii Kluesnei, Krieg, Nagle Nicholson, Voetbeig Nays —None Petition of Eugene Tigges requesting extennon of tune to furnish necessary security as required foi the Eugene Tigges Subdavinon and communication of City Manager iecommendmg appioval of 90 day extennon, presented and lead Council Member Voetbeig moved that the petition and communication be received and filed Seconded by Council Member Nagle Caned by the following vote Yeas —Mayor Duggan, Reaular Session. March 7. 1994 70 Council Members Kluesnei, Krieg, Nagle Nichohon, Voetbeig Nay, —None RESOLUTION NO. 86 -94 A RESOLUTION RESCINDING RESOLUTION NO. 422 -93 AND REAFFIRMING THE FINAL PLAT OF LOTS 1 -6 INCLUSIVE OF EUGENE TIGGES SUBDIVISION ALL IN DUBUQUE COUNTY, DUBUQUE, IOWA. VAheieas, there has been filed with the City Cleik a final plat Lot 1 -6 mclunve of Eugene Tigge Subdavinon all m Dubuque County, Dubuque, Iowa, and VAheieas, upon said final plat appear sti eet(s) to be known al Pine View Drive, together with certam public utility easement which the Owneii by said final plat have dedicated to the public forever, and Whereas, said pielmunary plat has been examined by the Zoning Commission and had it appioval endoiied thereon subject the owner(c) agreeing to the conditions noted m Section 2 below, and VAheieas, said final plat has been examined by the City Council and they find that it conforms to the pielmunary plat, except that dace grades have not been established, the drive brought to grade oi pavmg installed NOW, THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA Section 1 That Resolution No 422 -93 i hereby rescinded Section 2 That the easement fox public utikties as they appear upon said final plat, be and the same axe hereby accepted, and Section 3 That the plat of Lot 1 -6 of Eugene Tigges Subdavinon i hereby reaffirmed and the Mayor and City Cleik axe hereby authorized and directed to endoiie the appioval of the City of Dubuque, Iowa, upon said final plat, provided the ovneii of said property herem named, execute then t +rotten acceptance hereto attached agreeing a To reduce Pine View Dnce to grade and to hard surface with bituminous conciete ox with conciete pavmg, to a width of 22 feet, all in accoidance with the appioved plans on file with the Office of the City Engmeei City of Dubuque, Iowa b To provide the foregoing construction and mamtenance of said impiovement at the sole expense of the owner, Eugene Tigges, oi the succeiioii as assigned c To provide vortex service and septic systems m accoidance with Dubuque County specifications d Access to the proposed lot shall be by means of Pine View Dnce, not Old Highway Road e To provide foi contmuous mamtenance of the private roadways by the Eugene Tigges Homeownen Association as per restrictive covenant 71 Reaular Session. March 7. 1994 To construct said unptovement v ithm two years from the date of acceptance of this resolution by the City of Dubuque, Iowa To install temporary cul- de- sac(s) at the end of Pine View Drive as shown on the appxoced construction miptovement plans And further provided that said Eugene Tigges, as owner of said property, shall secure the pexfoxmance of the foxegomg conditions provided m Section 2 by ptovidmg security m such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa Section 4 That m the event Eugene Tigges shall fail to execute the acceptance and futru h the security provided m Section 3 hereof within ninety (90) days after the date of the Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective Passed, appxoced and adopted this 7th day of March, 1994 f Teriance M Duggan, Mayor ATTEST Mary A Davis, City Clerk ACCEPTANCE OF RESOLUTION NO 86 -94 I, the undeingned, Eugene Tigges, havmg read the terms and conditions of the Resolution No 86 -94 and being familiar with the conditions thereof heteby accept thn same and agree to the conditions tequned thetem Dated m Dubuque, Iowa thn 3rd day of January, 1994 By s Eugene Tigges TO Mary A Davis City Clerk This n to certify that the necessary security fot the foxegomg Resolution No 86 -94 has been ptopeily filed Dated at Dubuque, Iowa thn 8th day of March, 1994 Michael C Van Mhlligen, City Manager Council Member Voetbetg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote Yeas —Mayor Duggan, Council Membeii Kluesnet, Krieg, Nagle Nicholson, Voetbetg Nays —None March 2, 1994 Honorable Mayor and Membeii of the City Council In accordance with Chapter 400 of the 1993 Code of Iowa, the Civil Service Commission conducted a i +rotten promotional examination on February 8, 1994 fot the pontion of Emergency Medical Services Supervisor We heteby certify that the following member of the Fite Department have passed this waitten promotional examination and promotion fot this pontion should be made from this hst Emnreenry klndiral Snr.irn= Snnnr.isor Richard W Ions Lames I Imhof Jeff Udelhoven Respectfully submitted, L Robert M Millet Chaupeiion L Thomas E Rawson L Lames N Feehan Civil Service Commission Council Member Voetbetg moved that the communication be made a matter of record Seconded by Council Member Nagle Carried by the following vote Yeas —Mayor Duggan, Council Members Kluesnet, Krieg, Nagle Nicholson, Voetbetg Nays —None Communication of City Manager recommending approval of Supplement =17 to the City Code of Ordinances, presented and read Council Member Voetbetg moved that the communication be received and filed Seconded by Council Member Nagle Carried by the following vote Yeas —Mayor Duggan, Council Members Kluesnet, Krieg, Nagle Nicholson, Voetbetg Nays —None RESOLUTION NO. 8" -94 ADOPTING SUPPLEMENT NO. 1" TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA VAheteas, under date of July 17, 1989, the City Council, pmivant to Otdmance No 34- 89, readopted the Code of Ordinances of the City of Dubuque, Iowa fot ordinances adopted up to and including December 19, 1988, and VAheteas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendment have been painted as supplement to the Code of Ordinances, and VAheteas, Section 3808 of the Code of Otdmances provides that supplement, by resolution, become part of the Code of Ordinances NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIE CITY OF DUBUQUE, IOWA Section 1 That Supplement No 17 of the Code of Otdmances of the City of Dubuque, Iowa, coveting Ordinances through Ordinance No 69 -93 enacted through December 20, 1993 and prepared by the Municipal Code Corporation, Tallahassee, Florida, hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa be and n heteby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa Passed, appxoced and adopted this 7th day of klatch, 1994 Teriance M Duggan, hlayot Attest Mary A Davis, City Clerk Council Member Voetbetg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote Yea, —mayor Duggan, Council klemben Kluemet, Kneg, Nagle Nichohon, Voetbetg Nay, —None Communication of Corporation Coumel advimg of findmg m Robert G Donovan et al case and xecommendmg judgment be paid, presented and read Council member Voetbetg moved that the communication be xecexved and filed Seconded by Council member Nagle Canted by the following vote Yea, —mayor Duggan, Council klemben Kluemet, Kneg, Nagle Nichohon, Voetbetg Nay, —None Dubuque Auxiliary Police submitting then annual report fox 1993, presented and read Council member Voetbetg moved that the report be xecexved and filed Seconded by Council member Nagle Canted by the following vote Yea, —mayor Duggan, Council klemben Kluemet, Kneg, Nagle Nichohon, Voetbetg Nays —None Communication of City manage[ advi,mg of progress being made xegaxdmg request fox 2 hour parking zone on Bryant Street and xecommendmg matter be tabled until May 2, 1994, presented and read Council member Voetbetg moved that the communication be xecexved and filed and approved tabling til May 2nd Seconded by Council member Nagle Canted by the following vote Yea, —mayor Duggan, Council klemben Kluemet, Krieg, Nagle Nichohon, Voetbetg Nay, —None Communication of City Manage[ xecommendmg acceptance of property at 2190 Farley St, presented and read Council Member Voetbetg moved that the communication be xecexved and and filed Seconded by Council Member Nagle Canted by the following vote Yeas —Mayo[ Duggan, Council Memben Kluemet, Kneg, Nagle Nichohon, Voetbetg Nay, —None RESOLUTION NO. 88 -94 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY LOCATED AT 2190 FARLEY STREET, DUBUQUE, IOWA, TO THE CITY OF DUBUQUE. Wheteas, the City of Dubuque has agreed to purchase the following legally- de teal property The We,texly Forty Feet (W40') of Lot Two (2) and the Westex1y Forty Feet (W40') of the Southv e tex1y Twenty -five Feet (SW 25') of Lot One (1) m Wickes Addition m the City of Dubuque m the County of Dubuque, Iowa, accoxdmg to the xecoxded plat thereof ftom Craig Joseph Rettenmaiex, and Whereas, the owner has pxepaxed a Warranty Deed naming the City of Dubuque, Iowa, as holder of all tight, title and interest m said property Reaular Session. March 7. 1994 72 NOW, THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA Section 1 The City Council of Dubuque, Iowa, heteby approves of, accept and consent to the Warranty Deed ftom Craig Joseph Rettenmaiex as tequned by Iowa Code Section 569 7 Section 2 The City Clerk be and the i hereby authorized and directed to came said Warranty Deed to be xecoxded m the office of the Dubuque County Recoxdex, together with certified copy of this Resolution Section 3 That the City Clerk be and the IL hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditot Passed, approved and adopted this 7th day of klatch, 1994 Texxance M Duggan, Mayo[ Attest Mary A Davi,, City Clerk Council Member Voetbetg moved adoption of the Resolution Seconded by Council member Nagle Canted by the following vote Yea, —Mayo[ Duggan, Council Memben Kluemet, Kneg, Nagle Nichohon, Voetbetg Nay, —None Communication of City Managet xecommendmg acceptance of property at 2239 Pence St, presented and read Council Member Voetbetg moved that the communication be xecexved and filed Seconded by Council Member Nagle Canted by the following vote Yeas —Mayo[ Duggan, Council Memben Kluemet, Kneg, Nagle Nichohon, Voetbetg Nay, —None RESOLUTION NO. 89 -94 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY LOCATED AT :239 PRINCE STREET, DUBUQUE, IOWA, TO THE CITY OF DUBUQUE. Wheteas, the City of Dubuque has agreed to purchase the following legally- de teal property Lot One (1) of Lot Forty -Nme (49) m Sanford', Subdavinon m the City of Dubuque m the County of Dubuque, Iowa, accoxdmg to the xecoxded plat thereof fiom Wilham A Clark, aka Wilham A Clark, III and Eetty K Clark Whereas, the owner has pxepaxed a Warranty Deed naming the City of Dubuque, Iowa, as holder of all tight, title and interest m said property NOW, THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA Section 1 The City Council of Dubuque, Iowa, heteby approves of, accept and consent to the Waxxanty Deed fiom Wilham A Clark, a k a Wilham A Clark, III and Eetty K Clark as xequned by Iowa Code Section 569 7 7? Dan,Jar Caccinn Marrh 7 199d Section 2 The City Clerk be and the i hereby authorized and directed to came said Warranty Deed to be xecoxded m the office of the Dubuque County Recoxdex, together with certified copy of this Resolution Section 3 That the City Clerk be and the IL hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor Passed, appxoced and adopted this 7th day of klatch, 1994 Texxance M Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Voetbexg moved adoption of the Resolution Seconded by Council Member Nagle Canted by the following vote Yeas —Mayor Duggan, Council Memben Kluemex, Kneg, Nagle Nicholson, Voetbexg Nays —None Communication of City Manager xecommendmg establishment of a fee of $10 00 fox the Limited Setback Waiver, presented and read Council Member Voetbexg moved that the communication be xecexced and filed Seconded by Council klembex Nagle Canted by the following vote Yeas —Mayor Duggan, Council Memben Kluemex, Kneg, Nagle, Nicholson, Voetbexg Nays —None RESOLUTION NO. 90 -94 RESOLUTION AMENDING RESOLUTION NO. "2 -93. WHICH APPROVED A SCHEDULE OF PLANNING AND ZONING FEES. AS PROVIDED IN THE ZONING ORDINANCE AND SUBDIVISION REGULATIONS OF THE CITY OF DUBUQUE. IOWA, BY ESTABLISHING A NEW FEE FOR APPLICATIONS FOR LIilIITED SETBACK WAIVERS. Whereas, the City of Dubuque, Iowa, charges certam fees fot the processing of apphcatiom pursuant the Zoning Oxdmance and Subdavinon Regulations of the City of Dubuque, and Whereas, the City of Dubuque has adopted a Zoning Oxdmance xequuing an official schedule of planning and zoning fees, and Whereas, the City Council has detexmmed that the specific amount of such fees should be set by rewlution NOW THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA Section 1 That Resolution No 72 -93 and in attached "Schedule of Planning and Zoning Fees ", i heteby amended by estab1nhmg a new fee fot applications fot lmuted setback v aven of $10 00 Section 2 That the City Clerk i heteby authonzed and directed to publish a complete copy of this rewlution Passed, appxoced and adopted this 7th day of klatch, 1994 Attest klary A Davis, City Clerk SCHFl)TTI F CAF PT 1NNTNIC AND ZONING FEES Application Fee Zoning Board of Adtmtment Variance* Conditional Use Pexmst* Appeal Special Exception Texxance M Duggan, Mayor $100 $150 $50 $75 Text Amendment $200 Rezoning* $200 - $50 acte Nev Planned Dxstnct* $350 - $50 acte Amended Planned Dist * $200 - $25 acte Minor Subdavinon Plat $100 Pxelmunary Plat Major Subdavinon $100 -$lO Lot Final Plat Major Subdavinon $200 R . - " ^ " . 1 ) 1 - - - -_ r mnusnon Plan Amendment $100 Simple Subdavinon Sign Permit Temporary Sign Permit Temporary Use Permit 1 to 4 days 5 to 15 days 16 to 180 days Simple Site Plan Nmox Site Plan Major Site Plan Flood Plain Development Flood Plain Permit $100 Flood Way Permit $500 Lvruted Setback Waiver Maps $10 to $20 Oxdmance $10 to $20 Reports $lO to $30 Copies $ 10 page *Additional Charges of $ 50 addressee fot mailing public notices Caps of $1,000 fot Rezoning and Amended Planned Dxstnct $1000 fot New Planned Dxstnct Published officially m the Telegraph Herald newspaper the 14th day of March, 1994 It 3 14 Mary A Davis CMC, City Clerk Council Member Voetbexg moved adoption of the Resolution Seconded by Council Member Nagle Canted by the following vote Yeas —Mayor Duggan, Council Memben Kluemex, Kneg, Nagle Nicholson, Voetbexg Nays —None $10 $10 $25 $50 $100 $10 $100 - $10 acte $200 - $10 acte Council recessed at 8 25, Council reconvened at 8 45 p m PTIRT.TC HF 4RTNC C1N FTSC AT. YEAR 1995 BUDGET Proof of Publication certified to by the Pubhshex on Notice of Meeting on the nuance of $3,100„000 General Obligation Bonds and communication of City Manager xecommendmg to proceed with sale of General Obligation Fonds m the amount of $3,100,000 00, presented and read Council Member Kluesnex moved that the proof and communication be xecexved and filed Seconded by Council Member Kneg Caned by the following vote Teas —Mayor Duggan, Council Membess Klueinex, Kneg, Nicholson, Robbins, Voetberg Nays— Council Member Nagle RESOLUTION NO. 91 -94 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF S3.100.000 GENERAL OBLIGATIONS BONDS Whereas, pursuant to notice published al requued by law, this Council has held a public meeting and heating upon the proposal to institute proceedings fox the sssuance of $3,100,000 General Obligation Bondi fot the essential corporate purpose of paying coin of the construction reconstruction and xepaumg of street improvementi and badges, the construction, reconstruction, extennon, improvement and equipping of +oiks and facilities useful fox the collection and deposal of surface +atess and streams, the construction, reconstruction, improvement and extennon of wain and facilities useful fox the control of +atet pollution, and the acgmntion, coniruction and equipping of City +aten' oiks and facilities useful fox providmg potable +atet to city rendenn, and has conndexed the extent of objections received from rendenn ox property ov neti as to said proposed sssuance of bonds, and, accordingly the following action i now conndexed to be m the best interesn of the City and rendenn thereof NOW, THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA Section 1 That this Council does heteby institute proceedings and takes additional action fox the sale and sssuance m the manner requued by law of $3,100,000 General Obligation Bonds fox the foregoing essential corporate purpose Section 2 That this Resolution be and does heteby serve as a declaration of official intent under Treasury Regulation 1 150 -2, became the City reasonably expecti to reumbusse with the proceeds of the Bonds, all ox a portion of origmal expenditures moaned m connection with the above purpose Section 3 The Clerk i authorized and duected to proceed on behalf of the City with the sale of said bonds, to select a date fox the sale thereof to came to be prepared such notice and sale mkt/nation al may appear appropriate, to publish and dntabute the same on behalf of the City and this Council and othennie to take all action necessary to permit the sale of said bonds on a ban favorable to the City and acceptable to the Council Reaular Session. March 7. 1994 74 Passed, approved and adopted this 7th day of klatch, 1994 Terrance M Duggan, Mayor Attest Mazy A Davis, City Clerk Council Member Klueiner moved adoption of the Resolution Seconded by Council Member Kneg Caned by the following vote Yea, —Mayor Etady, Council Members Klueiner, Kneg, Nicholson, Robbins, Voetberg Nay, — Council Member Nagle Proofs of Publication certified to by the Publisher on Notice of Public Heating on Budget Estimate fox FY '95, Notice of Public Heating on Five Tear Capital Improvement Program covering the fiscal year beginning July 1, 1994 through fiscal year beginning July 1, 1998, Notice of Public Heating fox the purpose of obtaining the view of rendenn of the city on Community Development and Homing Needs, Notice of public heating to obtam the viewi of citizens, public agencies and other interested parties concerning a proposed statement of Community Development Objective and Projected Use of funds fox the Community Development Flock Grant (CDEG) 20th Program Tear, presented and read Council member Kluesner moved to receive and file the proofs and communications Seconded by Council member Kneg Caned by the following vote Yea, —mayor Duggan, Council members Klueiner, Kneg, Nicholson, Voetberg Nay, — Council member Nagle PUBLIC INPUT ON FISCAL YEAR 1995 BUDGET: Bob Rosenov, Rev Richard Thompson, Rev David Scotchmer, Karen O'Rourke and Diane Ziegler advising of then intent to address the Council on matter concerning the FY 1995 Budget Council Member Nagle moved to hue five new Police Officers now and two mote m FY 1996 Seconded by Council Member Robbins Vote on the motion was as follows Yea, —mayor Duggan, Council Members Nagle Robbins Nays — Council Members Klueiner, Kneg, Nicholion, Voetberg Motion faded Council member Voetberg moved to change funding source fox the STD (Sexually Transmitted Drea te program to CDBG funding Seconded by Council member Kluesner Vote on the motion was al follows Yea,— Council members Klueiner, Kneg, Voetberg Nays —mayor Duggan, Council members Nagle Nicholion, Robbins motion failed Council hlembex Nicholson moved to strike the STD (Sexually Transmitted Drea - e) Program from the Health Service, Division Seconded by Council member Nagle Caned by the following vote Yeas— klayox Duggan, 75 Reaular Session. March 7. 1994 Council klemben Nagle, Nicholson, Robbins Nay, — Council klemben Kluesnet, Krieg, Voetbetg Council Member Voetbetg moved that the FDR Park Project be amended to provide only study fund, m the amount of $15,000 Motion died fox lack of a second Council Member Krieg moved to set aside $25,000 fox feasibility study, engmeexmg cost, and election cost from funding balance so as to be serous about doing something with FDR Park Seconded by Council Member Kluesnet Vote on the motion was as follovis Yeas— Council Member Kluesnet, Krieg, Voetbexg Nays —Mayo[ Duggan, Council Member Nagle Nicholson, Robbins Motion failed Council Member Robbins moved to me $15,000 fot feasibility study fot FDR Park Seconded by Council Member Voetbexg Canted by the following vote Yeas —Mayo[ Duggan, Council Member Nagle Robbins, Voetbexg Nays — Council Member Kluesnet, Krieg, Nicholson Council Member Krieg moved to allocate $50,000 m the C I P fot West Side Park Seconded by Council Member Kluesnet Vote on the motion was as follows Yeas— Council Member Kluesnet, Krieg Nays —Mayo[ Duggan, Council Member Nagle Nicholson, Robbins, Voetbexg Motion failed Council Member Voetbexg moved to direct that $72,000 fot West Side Park be put into FY '96 C I P Seconded by Council Member Robbins Caxned by the following vote Yeas —Mayo[ Duggan, Council Member Nagle Robbins, Voetbexg Nays — Council Member Krieg, Nicholson Council Member Kluesnet moved that they direct that $70,000 be allocated fot Kelly Lane thn year and that 2 3 million be included m the FY '97 Budget Seconded by Council Member Nicholson Caxned by the following vote Yeas —Mayo[ Duggan, Council Member Kluesnet, Krieg, Nagle Nicholson Voetbexg Nays —None Council Member Nagle moved that they mctease funding by $1500 to Information and Referral Seconded by Council Member Nicholson Caxned by the following vote Yeas —Mayo[ Duggan, Council Member Nagle Nicholson, Robbins Nays— Council Member Kluesnet, Krieg, Voetbexg Council recessed at 10 47, Council reconvened at 11 00 p m Council Member Nicholson moved to add $1000 (fot total of $3000) fot Mayo[ Duggan to list China Seconded by Council Member Voetbexg Vote on the motion vas follows Yeas— Council Member Nicholson, Voetbetg Nay, —Mayo[ Duggan, Council Member Kluesnet, Krieg, Nagle Robbins Motion failed Council Member Nagle moved to restore the Travel Budget (Conference,, Education & Ttaiung and City Business) to FY 94 amount Seconded by Council Member Robbins Vote on the motion was as follovis Yea, —Mayo[ Duggan, Council Member Nagle Robbins Nays — Council Member Kluesnet, Krieg, Nicholson Voetbexg Motion failed PUBLIC INPUT FROM THE CITIZENRY Police Dept Bob Rosenov spoke giving concerns with hiting seven mote Police Officer Dick Roepsch objected to additional Police Officer stressing concerns with the Pennon funds Fina.Paiiry l'nmmiuiiratinn= nir} =in.i No comment Fire Dept No comment No comment Human Right - No comment Building Services No comment Health Services No comment Park Division mark Sullivan and Paul Hoffman of the Roosevelt Park Study Committee requested some monies to determine alternatives fot u e of FDR Park Civic Centex No Comment Recreation No Comment Libxaxy No comment Anport No Comment Ttannt No Comment Public Woxk Engineering Jerry Scluoedet of Getaldine Di objected to asphalt ovexlay on Kelly Lane, stressing that it should be put back m 1995 with teconaruction of north half fot $500,000 and the rest after the construction of badges fot Highway 20 Hank Webet, 990 Kelly Lane and Ray Ryan of 765 Kelly Lane both requested that they do Kelly Lane Water Division No Comment \V tc. Pollution Cnnt.nl Division No Comment Operations and klamtenance No Comment P� No Comment Development Diane Ziegler que accessibility to the CIP David Scotchmex of the Centex of Public nhniary question how CDEG monies are used and given to the poor stxesvng that all CDEG programs should be reviewed, also Economic Development loans be itemised and that a clear check and balance be in order Nonrinai No Comment Planning SPreirPL No Comment No Comment City Council No Comment City klanagex No Comment City Clerk No Comment Finance No Comment Legal Department No Comment Information Semen No Comment nance No Comment ('able TV fivi ?inn No Comment Overall City Eudget Comments Karen O'Rourke of 380 Lowell questioned various segments of the Eudget process, +nth some specific statements stressing that the mayor's salary be increased and that the Eudget be put in language mote easily understood RESOLUTION NO. 92 -94 A RESOLUTION ADOPTING THE ANNUAL BUDGET AS AMENDED FOR THE FISCAL YEAR ENDING JUNE 30, 1995 NOW THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUEUQLE, IOWA Section 1 That the annual budget as amended fot the fiscal year endmg June 30, 1995, as set forth in the Eudget Summary Certificate and in the detailed budget in support thereof showing the revenue estimates and appropriation expenditures and allocations to programs and activities fot said fiscal year if adopted, and the City Clerk i directed to make the filings required by law and to set up the books iii accordance +nth the summary and details as adopted Passed, approved and adopted this 7th day of klatch, 1994 Terrance M Duggan, Mayor ltest Mary A Davis, City Clerk Council Member Kluesner moved adoption of the Resolution, as amended Seconded by Council Member Krieg Caned by the Reaular Session. March 7. 1994 76 following vote Yea, —Mayor Duggan, Council Member Kluesner, Krieg, Nicholson, Robbins, Voetberg Nay,— Council Member Nagle RESOLUTION NO. 93 -94 ADOPTION OF FIVE YEAR CAPITAL IMIPROVEMIENT PROGRAM Whereas, a recommended five year Capital Improvement Program fot the period beginning July 1, 1994 and endmg June 30, 1999 fot the City of Dubuque has been prepared and submitted to the City Council, and Whereas the five year Capital Improvement Program (1) describes specific capital improvement prgecti, (2) provides estimated costs fot those prgecti, (3) proposes sources of funds fot each of them, and (4) schedules the year during which each project will be undertaken, and Whereas, the capital improvement prgecti fot the first year axe included in the Fiscal Tear 1995 budget fot the City of Dubuque, and Whereas the five year Capital Improvement Program will be reconsidered annually by the City Council and appropriately revised, and Whereas, the adoption of the five year Capital Improvement Program if a prudent meanie to provide continuity of programs and if in the best interest of the City of Dubuque NOW THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUEUQLE, IOWA Section 1 That the five year Capital Improvement Program fot the period beginning July 1, 1994 as set out in the Fiscal Year 1995 -1999 Recommended Capital Improvement Eudget as amended i hereby approved and adopted as the proposed allocation of the City resources fot capital improvementi as scheduled in the years shown, subject to annual review and revision Passed, approved and adopted this 7th day of klatch, 1994 Teixance M Duggan, mayor ltest Mary A Davis, City Clerk Council member Kluesner moved adoption of the Resolution, as amended Seconded by Council member Krieg Caned by the following vote Yeas —mayor Duggan, Council klemben Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays— Council member Nagle Council Member Kluesner moved to amend the Eudget as presented by manager's recommendations Seconded by Council Member Krieg Caned by the following vote Yeas —mayor Duggan, Council Member Kluesner, Krieg, Nagle Nicholson Voetberg Nays —None Communication of City manager submitting Ordmance proyidmg fot change in 77 Reaular Session. March 7. 1994 refuse collection fee effective July 1t from $9 00 a month to $8 50 a month, presented and lead Council Member Voetberg moved that the communication be xecerved and filed Seconded by Council Member Kluemer Carved by the following vote Yeas —Mayor Duggan, Council Memben Kluemer, Krieg, Nagle Nichonon, Voetberg Nay, —None An Ordmance Amending Code of Ordinances by enacting a new Section 40 -37 (a) in lieu thereof xelatrrrg to charges- amount, exceptions by changing fee to eight dollass and fifty cent, presented and lead (OFFICIAL PUBLICATION) ORDINANCE NO. 10 -94 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 40 -3" PARAGRAPH (a) RELATING TO CHARGES - AMOUNTS: EXCEPTIONS AND ENACTING A NEW SECTION 40 -3" PARAGRAPH (a) IN LIEU THEREOF RELATING TO CHARGES - AMOUNTS: EXCEPTIONS BY CHANGING FEE TO FIGHT DOLLARS AND FIFTY CENTS. NOW THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1 That the Code of Ordinances be amended by xepealmg Sec 40 -37 paragraph (a) relating to Charges - Amount, Exceptions and enacting a new Sec 40 -37 paragraph (a) in lieu thereof relating to Charges - Amount, Exception, as follows 5.r- exceptions. (a) Class I premises. Except as qualified below, a fee of eight dollass and fifty cent ($8 50) pet dv elimg unit pet month shall be paid to the city by the property owner of each class I prenuse fox such service, Said fee shall be in payment fox collection and deposal of solid waste and recyclable materials as defined Exceptions to the collection charges fox Clan I premises axe a, follows (1) When a class I prenuse has been vacant fox a period not less than three (3) consecutive months, the owner may apply to the city manager fox a credit under procedures to be established by the city manager Such credit shall continue only so long as the class I prenuses if vacant (2) Class I premises when the head of the household i sixty -five (65) yeas, of age ox older and has an annual income equal to ox less than thirteen thousand six hundred dollar, ($11600 00) fox a one penon household ox fifteen thousand five hundred dollass ($15,500 00) fox a two penon household may, upon application to the city manager, be exempted from one -half (12) the established collection charge After the urinal application, annual application shall be fbarees- Amounts: made by the head of household on July fist of each year to verify annual income and eligibility (3) In case, of extreme financial hardship, the city manager may, and if hereby authonxed and empowered to make adjustment in the monthly collection charges as the city manager may deem appropriate In such cases, the city manager shall have the authority to requue such proof of vacancy, financial status, age ox extreme hat dship as the city manager may deem necessary Section 2 This ordmance shall take effect on the first day of July, 1994 Passed, approved and adopted thn 7th day ofnlaxch, 1994 Terrance M Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald newspaper the 16th day of March, 1994 It 3 16 Mary A Davis CMC, City Clerk Council Member Voetberg moved that this be considered the fist readmg of the Ordmance, and that the requirement that a proposed Ordmance be considered and voted on fox passage at two Council meetings pilot to the meeting at which it if to be finally adopted be suspended and further moved final adoption of the Ordmance Seconded by Council Member Kluemer Caned by the following vote Yea, —Mayor Duggan, Council Memben Kluemer, Krieg, Nagle Nicholson, Voetberg Nays —None At 11 36 p m Council Member Kluemer moored to go into Closed Session m accordance with Chapter 21 5 1 (j) To dncuss the purchase of particular teal estate where premature dnclonne could be reasonably expected to urcxease the pace the governmental body would have to pay fox that property and in accordance with Chapter 21 5 1 (c) To discuss strategy with counsel matten that axe presently in litigation Seconded by Council Member Voetberg Canted by the following vote Yeas —Mayor Duggan, Council Memben Kluemer, Krieg, Nagle, Nicholson, Voetberg Nay, —None Council reconvened Regular Session at 12 16 a m There being no further business, Council Member Kluemer moved that the meeting be adjourned Seconded by Council Member Voetberg Caned by the following vote Yeas —Mayor Duggan, Council Memben Kluemer, Krieg, Nagle Nicholson, Voetberg Nays —None Meeting adjourned at 1217 a m March 8, 1994 Mary A Davis CMC City Clerk Approved 1995 Adopted 1995 Attest Mayor Council members City Clerk Reaular Session. March 7. 1994 78 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, March 21, 1994 Council Met at 7 30 p m, Public Library Auditorium Present Mayor Duggan, Council Membess Kluesnex, Krieg, Nagle Nicholson, Robbins, Voetbeig, City Manager Michael C Van hhlligen, Corporation Counsel Batty A Lmdahl Mayor Duggan lead the call and stated this is the Regular Session of the City Council called fox the purpose to act upon such business which may properly come before the Council Invocation was given by Pastor D L Dxlte of the Rockdale and Centex Grove Methodist Church PROCLAMATION Month of April as "Fair Housing hlonth" received by Human Right - Duectoi Charles Azebeokhai Council Member Nagle moved to suspend the rules to allow anyone present to address the Council Seconded by Council Member Voetbeig Canned by the following vote Yea, —Mayor Duggan, Council Members Kluesner, Krieg, Nagle Nicholson, Voetbeig Nays —None Proof of publication certified to by the Pubbshet on Notice of Public Heating to consider reclassifying pioperty at 3219 Asbury Road fiom R -1 to R -2 Distract as requested by Steve & Gretchen Kuch, presented and lead There wen no t +rotten objections received and no oral objectoss present at the time of the Hearing Council Member Kluesnei moved that the proof be received and filed Seconded by Council Member Nicholson Canned by the following vote Yeas —Mayor Duggan, Council Members Kluesner, Krieg, Nagle Nicholson, Voetbeig Nays —None Steve Ruch spoke requesting adoption of the Oidmance An Oidmance Amendmg Zoning Oidmance by reclassifying pioperty located at 3219 Asbury Rd fiom R -1 Single Family Residential Distract to R -2 Two -Family Residential Distract, with conditions, said Oidmance having been presented and lead at the Council Meeting of 2- 21 -94, presented fox furthei action (OFFICIAL PUBLICATION) ORDINANCE NO. 11 -94 Reaular Session. March 21. 1994 80 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3219 ASBURY ROAD FRONI R -1 SINGLE - FAMIILY RESIDENTIAL DISTRICT TO R -2 TWO - FAMILY RESIDENTIAL DISTRICT. \PITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA Section 1 That the Code of Oidmances of the City of Dubuque, Iowa be amended by tensing Appendix A thereof also known as the Zoning Oidmance of the City of Dubuque, Iowa, to reclassify heiemaftei described pioperty fiom R -1 Single- Family Residential Distract to R -2 Two- Family Residential Distract, with conditions as stated m the attached Memoiandum of Agreement, to wit Lot 2 of Lot 1 of Lot 2 of Stecher Place, and to the centei line of the adjommg public tight-of- way, all in the City of Dubuque, Iowa Section 2 That the performance standards as stated m the attached Memoiandum of Agreement axe as follows The conditional use permit fox a chnopiactic office on the premises be rescinded by the Zoning Board of Adjustment Section 3 That the foregoing amendment has heretofore been ieviewed by the Zoning Commission of the City of Dubuque, Iowa Passed, approved and adopted this 21st day of Match, 1994 Terrance, M Duggan, Mayor ATTEST Mary A Davis, City Clerk MIFMIORANDUMI OF AGRFFMIFNT Pursuant to the Iowa Code Section 414 5 (1991), and as an express condition of teeorung of the pioperty described as Lot 2 of Lot 1 of Lot 2 of Stecher Place, and to the centei line of the adjommg public tight-of- way, all m the City of Dubuque, Iowa which is the subject of Ordinance No 11 -94, a copy of which is attached hereto and incorporated hetem by reference, the undetagned property owner(s), Todd Sputlmg and Jane Sputlmg, agree(s) to the following conditions, all of which the pioperty over furthei agrees axe reasonable and axe unposed to satisfy public needs which axe caused directly by the rezoning A) Performance Standards 1) The conditional use permit fox a chiropractic office be rescinded by Zoning Board of Adjustment E) Reclassification of the Subject Property 81 Reaular Session. March 21. 1994 The City of Dubuque, Iowa may untiate zoning reclassification proceedings to the R -1 Single -Family Residential Dirtnct if the property ow net fails to complete any of the conditions ox ptovirions of this Agreement, includmg, but not lumted to, the standards noted m Item 1 C) Modifications Any modifications of this Agreement must be approved by the City Council of Dubuque, Iowa D) Recoxdmg A copy of this Agreement shall be xecoxded with the Dubuque County Recoxdex as a permanent xecoxd of the conditions accepted as part of this teeoning approval within ten (10) days of the adoption of Otdmance No 10 -94 E) Construction This Agreement shall be construed and urtetpteted as though it vate part of Appendix A of the Code of Otdmances of the City of Dubuque, also known as the Zoning Otdmance of the City of Dubuque, Iowa F) This Agreement shall be bindmg upon the undeingned and his het hens, successor and assignees ACCEPTANCE OF ORDINANCE NO 11- 94 We, Todd and Jane Spmlmg, having read the terms and conditions of the foregoing Ot durance No 11 -94 and being familiar with the conditions thereof hereby accept this same and agree to the conditions tequued thetem Dated at Dubuque, Iowa this 21st day of March, 1994 Ey s s Todd Sputhng Ey s s Jane Sputhng Published officially m the Telegraph Herald newrpapet this 28th day of March, 1994 Mary A Davis CMC It 3 28 City Clerk Council Member Kluesnet moved that this be considered the second teading of the Ordinance, and that the tequuement that a proposed Ordinance be considered and voted on fox passage at two Council meetings pilot to the meeting at which it ir to be finally adopted be suspended and further moved final adoption of the Otdmance Seconded by Council Member Nicholson Coined by the following vote Tea,— klayox Duggan, Council klemben Kluesnet, Krieg, Nagle Picholson, Voetbexg Nays —None Proof of publication certified to by the Pubhihet on Notice of Public Hearing to Amend Section 8 Definition, of the Zoning Otdmance Definition fox Vehicle Service Repair and communication from Jame, G Kalb to table ox adjourn this meeting to 4 -4 ox 4 -18, presented and read There vate no written objections xecerced Council klembex Nicholson moved that the proof and communication be xecerced and filed Seconded by Council Member Kluesnet Carried by the following vote Teas —Mayor Duggan, Council Memben Kluesnet, Krieg, Nagle, Nicholson, \'oetbexg Nay, —None An Ordinance Amending Zoning Otdmance by adding a new Definition m Section 8 fox Vehicle Service Repair, said Otdmance having been presented and read at the Council sleeting of 2- 21 -94, presented fox ftirthet action Council Member Krieg moved that action on this Otdmance be tabled until the Aptil 4th Council sleeting Seconded by Council Member \'oetbexg Vote on the motion war al follow Tea,— klayox Duggan, Council klembex, Krieg, \'oetbexg Nay,— Council klembex, Kluesnet, Nagle Picholson, Robbins Motion failed Council Member Robbins moved that this be considered the second teading of the Otdmance, and that the xequuement that a proposed Otdmance be considered and voted on fox passage at two Council meetings pilot to the meeting at which it ir to be finally adopted be suspended and further moved final adoption of the Otdmance Seconded by Council Member Picholson No vote taken on the motion Council Member Nicholson moved that the Public Hearing on this Otdmance be tabled to the Council sleeting of ,April 18, 1994 Seconded by Council Member Kluesnet Canted by the following vote Teas —Mayor Duggan, Council klemben Kluesnet, Krieg, Nagle, Picholson, Voetbexg Nay, —None Proof of publication certified to by the Pubhihet on Notice of Public Hearing to amend the Zoning Otdmance to adopt Height testnctions that axe necessary fox the operation of the E -911 communication equipment throughout the City, presented and read Council Member Kluesnet moved that the proof of publication be tecenad and filed Seconded by Council Member Robbins Canned by the following vote Teas —Mayor Duggan, Council Memben Kluesnet, Krieg, Nagle, Nicholson, Voetbexg Nay, —None An Otdmance amending Zoning Otdmance by adding a new Section 2 -5 11 Restricted Height (RH) Ovexlay Dirtnct Relating to Structure Height m the Path of the E -911 Communication System, said Otdmance having been given the fort teading at the Council sleeting of 2- 21 -94, presented fox fuxthet action County Zoning Azn tant ,Adimnntxatox John Klauex spoke to the matter (OFFICIAL PUBLICATION) ORDINANCE NO. 12 -94 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY ADDING A NEW SECTION 2 -5.11 RESTRICTED HEIGHT (RH) OVERLAY DISTRICT RELATING TO STRUCTURE HEIGHT IN THE PATH OF THE E -911 COMMUNICATION SYSTEM. NOW THEREFORE, BE IT ORDAINED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA Section 1 Appendix A of the City of Dubuque Code of Ordmances i hereby amended by addmg the following new Section 2 -5 11 Reancted Height (RH) Ovet lay Di tact Relating to Structure Height, al follow "Section 2 -511 Reancted Height (RH) Overlay Di tact It IL recognized that m addition to height reanctions m other sections of this ordmance, certam areas shall need to be further restricted m terms of height of structures ox natural objects Such teanctions ate necessary fox emergency communication tr anmnsion and reception and other legitimate public safety concerns Such areas Mall be identified on the zoning map al Restricted Height (RH) Overlay zones Such designation shall not affect usage of the piopetty within the panametet of it zoning clainfication except that no structure shall be allowed to exceed the height above sea level specified m the RH designation No variance shall be granted to the restricted height zone The following areas shall be designated as RH zones a) Astnp of land one - hundred feet (100) wide from the communication towel at Sunnycrest Cate Facility to the communication towel at the PeoLta Water Ton t, insofar as Laid step of land exral within the corporate 1vmt of the City of Dubuque The maximum height allowed m thss corridor Lhall be one- thouLand feet (1,000) above mean Lea level as determined by a qualified engineer livened under the lat+ L of the State of Iowa b) ALtrip of land one - hundred feet (100) wide extending a point which IL 670 feet above mean Lea level at the Dubuque Law Enforcement Centex to a point which IL 930 feet above mean Lea level at Sunnycrest Manor m which no structure may be built to a height exceedmg the relative height of a line drawn between these two elevations The maximum height allowed m this corridor shall be determined by a qualified engineer licensed under the lat+L of the State of Iot +a Section 2 That the foregoing amendment has heretofore been renewed by the Zoning Commnnon of the City of Dubuque, Iowa Section 3 MIL ordmance shall take affect immediately upon publication, as provided by law Parted, approved and adopted this 21st day of klatch, 1994 Terrance M Duggan, Mayor Reaular Session. March 21. 1994 82 Attest Mary A Davit, City Clerk Published officially m the Telegraph Herald newLpaper thn 28th day of March, 1994 It 3 28 Mary A Davu CMC, City Clerk Council Member Kluesner moved that this be considered the second readmg of the Ordmance, and that the requnement that a proposed Ordmance be considered and voted on fox passage at two Council meetings pilot to the meeting at which it IL to be finally adopted be suspended and narthex moved final adoption of the Ordmance Seconded by Council Member Robbins Canned by the following vote Yeas —Mayor Duggan, Council Membess Kluesner, Krieg, Nagle Nicholson, Voetberg Nays —None Proof of publication certified to by the Publisher on Notice of Public Heating to consider adopting Phase I of the Comprehensive Plan, presented and lead There were no t +rotten objections received and no oral objectoi present at the time of the Heating Council Member Robbins moved that the proof be received and filed Seconded by Council Member Voetberg Canned by the following vote Yeas —Mayor Duggan, Council Membess Kluesner, Krieg, Nagle Nicholson, Voetberg Nays —None Dr Paul Laube of 1720 Overview commended Staff fox all then hard wink RESOLUTION NO. 94 -94 A RESOLUTION ADOPTING PHASE I OF THE COMPREHENSIVE PLAN OF THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk Phase I of the Compxehennve Plan of the City of Dubuque, Iowa, and Whereas, Laid plan has been examined by the Long Range Planning CommnLion and had it approval endoied thereon, and Whereas, Laid plan has been examined by the City Council and they find it IL compatible with City goals and oxdmanceL, and also with Chapter 80 of the Iowa Adimnntxatrve Code pertaunng to the Community Builder Program, and Whereas, the City Council concuss m the conditions of approval as established by the Long Range Planning CommnLion and by the Section 36 -1 of the Code of OxdmanceL of the City of Dubuque, Iowa NOW THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA Section 1 That Phase I of the Comprehensive Plan IL hereby accepted and approved, and the Mayor and City Clerk axe hereby authorized and duected to endoie the approval of the City of Dubuque, Iowa, upon Laid Phase I of the Comprehensive Plan Section 2 That Phase I of the Comprehensive Plan IL hereby transmitted m accordance with Chapter 80 of the Iowa 8? Dan,Jar gaccinn Mtrrh 71 199A Adnuistratna Code pertaining to the Community Builder Program, to the Ion +a Department of Economic Development Passed, approved and adopted this 21st day of klatch, 1994 Terrance M Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Robbins moved adoption of the Resolution Seconded by Council Member Voetberg Carried by the following vote Yea, —Mayor Duggan, Council Members Kluesner, Krieg, Nagle Nicholson, Voetberg Nay, —None Proof of publication certified to by the Pubhiher on Notice of Public Hearing to consider adopting Dubuque Riverfront Plan and itt Action Agenda, presented and read There were no written objections received Council Member Voetberg moved to receive and file the proof of publication Seconded by Council Member Nagle Carried by the following vote Yea,— Mayor Duggan, Council Members Kluesner, Krieg, Nagle Nicholson, Voetberg Nays —None David Rusk of the Long Range Planning Comm and Paul Laube of 1720 Overview endorsed the proposed plan Michael Ereitbach of 1102 Ion +a St voiced toxic concerns Dean Rampson stated that his concern +as of too high a density m the 4th St at ea RESOLUTION NO. 95 -9a A RESOLUTION APPROVING THE DUBUQUE RIVERFRONT PLAN, AND ITS ACTION AGENDA, OF THE CITY OF DUBUQUE, IOWA. Whereat, there has been filed with the City Clerk the Dubuque Riverfiont Plan, and it Action Agenda, of the City of Dubuque, Ion +a, and Whereas, said Riverfiont Plan and Action Agenda has been examined by the Long Range Planning Commission and had itt approval endorsed thereon, and Whereas, said Riverfiont Plan and Action Agenda have been examined by the City Council and they find it it compatible with City goals and ordinances, and Whereas, the City Council concuss m the conditions of approval established by the Long Range Planning Commission NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1 That the Dubuque Riverfiont Plan and itt Action Agenda are hereby accepted, and Section 2 That the Dubuque Rsverfiont Plan and itt Action Agenda are hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Ion +a, upon said Riverfiont Plan and Action Agenda Passed, approved and adopted this 21st day of klatch, 1994 Terrance M Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote Yea,— Mayor Duggan, Council Members Kluesner, Krieg, Nagle Nicholson, Voetberg Nay, —None BOARDS AND COMIMIISSIONS: ZONING BOARD OF ADJUSTMIENT: Communication of Terry Cicciarelh advising that she it not reapplying for another term on the Zoning Board of Adjustment, presented and read Council Member Kluesner moved that the communication be received and filed and accepted with regret Seconded by Council Member Voetberg Carried by the following vote Yea,— Mayor Duggan, Council Members Kluesner, Krieg, Nagle Nicholson, Voetberg Nays —None INVESTMIENT OVERSIGHT COMIMIISSION: One unexpired term which will expire 7 -1- 95 (term of Terry Duggan) Applications Gary L Ruden, Richard Stem Ml. Stem and Mr Ruden both requested appointment to the Commission Vote on the appointment +as as follows Mayor Duggan voted for Ruden, Council Member Kluesner voted for Stem, Council Member Krieg voted for Stem, Council Member Nagle voted for Stem, Council Member Nicholson voted for Stem, Council Member Robbins voted for Ruden, Council Member Voetberg voted for Stem Therefore Richard Stem appointed to the Inve,tment Ovessrght Comni „ion for an unexpired term which will expire 7 -1 -95 Communication of Rev David Scotchmer requesting to speak regandmg Community Development Block Gant Funds Allocation, presented and read Rev Scotchmer as V P of CHDO requested that 1) the Council endorse CHDO, 2) authorize David Harass to Board, and 3) that they work for allocation of funding Gayle Randolph of ECIA spoke clarifying that CHDO it a separate forum from the Office of Public M sniary and that CHDO needs the endorsement of the City Council Ilember Kluesner moved to receive and file the communication Seconded by Council Mlember Nagle Carried by the following vote Yea,— Mlayor Duggan, Council Members Kluesner, Krieg, Nagle Nicholson, Voetberg Nay, —None Communication of Robert 1 Hough objecting to a sewer assessment at 2634 Univessity Ave , presented and read Council Member Kluesner moved that the matter be received and filed and referred to Staff with Corporation Counsel, City Manager and City Engineer to review and report back at the next meeting Seconded by Council Member Nicholson Caned by the following vote Yea, —Mayor Duggan, Council Membess Kluemex, Krieg, Nagle Nicholson, Voetbexg Nay, —None Ms Hough stated that he agrees to pay a fee but not the assessed amount of $1614 20 Attorney Joe Eiffel on behalf of Ms Hough stated that this Ordinance does not apply to his client Communication of City Manager requesting approval of participation m the Entexpxi e Community application process, presented and read Council Member Nagle moved that the communication be xecexced and filed and participation appxoced Seconded by Council Member Robbins Caned by the following vote Yea,— Council Membess Kluemex, Krieg, Nagle, Nicholson, Robbins, Voetbexg Nays —Mayor Duggan RESOLUTION NO. 96 -94 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQLE, IOWA That the following having complied with the pxovinons of law relating to the sale of Cigarettes within the City of Dubuque, Ion +a, be granted a permit to sell Cigarettes and Cigarette Papers within said City The Yard Arm, Inc Yardarm Restaurant Bat 1201 Shnas Ext Passed, appxoced and adopted this 21st day of Match, 1994 Terrance M Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Kluemex moved adoption of the Resolution Seconded by Council Member Nagle Caned by the following vote Yea, —Mayor Duggan, Council Membess Kluemex, Krieg, Nagle Nicholson, Voetbexg Nay, —None RESOLUTION NO. 9 " -94 Whereas, application, fot Liquor Licemes have been submitted to this Council fot appx oval and the same have been examined and appxoced, and Whereas, the pxemnes to be occupied by such applicant inspected and found to comply with the State Law and all City Otdu>arrces relevant thereto and they have filed proper bonds NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQLE, IOWA That the Manager be authorized to came to be issued the following named applicant a Liquor Liceme CLASS "E" (HOTEL- MOTEL) BEER AND LIQUOR LICENSE Dubuque Hn,toxic Improvement Co The Redstone Inn 504 Bluff St CLASS "C" (COnMffRCIAL) BEER AND LIQUOR LICENSE Reaular Session. March 21. 1994 84 Elaine Kelly DebxaL George Kelly's Highway 20 West Park Square 600 Central The Yard Arm, Inc Yard Arm Restaurant Bar 1201 Shnas Ext Passed, appxoced and adopted this 21st day of Match 1994 Terrance M Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Kluemex moved adoption of the Resolution Seconded by Council Member Nagle Caned by the following vote Yea, —Mayor Duggan, Council Membess Kluemex, Krieg, Nagle, Nicholson, Voetbexg Nay, —None Council recessed at 8 57 p m Council reconvened at 9 10 p m Communication of City Manager subnutting documents to nntiate the Brunskill Sanitary Sep +et Extension Project, presented and read Council Member Voetbexg moved that the communication be xecexced and filed Seconded by Council Member Nagle Caned by the following vote Yeas —Mayor Duggan, Council Members Kluemex, Krieg, Nagle Nicholson, Voetbexg Nay, —None RESOLUTION NO. 98 -94 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQLE, IOWA That the proposed plans, specifications, form of contract and estimated cot fot the Erunskill Road Sanitary Sep +et Extension, m the estimated amount of $88,455 00, axe hereby appxoced and oxdexed filed m the office of the City Clerk fot public inspection Passed, adopted and appxoced this 21st day of klatch, 1994 Terrance M Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Voetbexg moved adoption of the Resolution Seconded by Council Member Nagle Caned by the following vote Yea, —Mayor Duggan, Council Membess Kluemex, Krieg, Nagle, Nicholson, Voetbexg Nay, —None RESOLUTION NO. 99 -94 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Ion +a has given it pxelmmnary approval on the proposed plans, specification, and limn of contract and placed same on file m the office of the City Clerk fot public inspection of the Brunskill Road Sanitary Sew et Extension 85 Reaular Session. March 21. 1994 NOW THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA That on the 18th day of April, 1994, a public hearing will be held at 7 30 p m m the Public Library Audatorrum at which time interested penons may appear and be heard fox or against the proposed plans and Lpecrficatrow, form of contract and colt of Lard unptovement, and the City Clerk be and rL heteby duected to came a notice of tune and place of Luch hearing to be published m a newspaper havmg genetal cuculatron m the City of Dubuque, Iowa, which notice shall be not lest, than four days not more than twenty days prror to the day fixed fot rt consideration At the heating, any interested pesson may appear and file objectronL to the proposed plan, specifications, contract, or estimated cost of the improvement PaLLed, adopted and approved thn 21st day of klatch, 1994 Terrance M Duggan, Mayor Attest Mary A Davi , City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Canned by the following vote Yeas —Mayor Duggan, Council Member Kluesner, Krreg, Nagle, Nicholson, Voetberg Nays —None RESOLUTION NO. 100 -94 RESOLUTION OF NECESSITY Whereas, proposed plain have been duly prepared and approved by the City Council of the City of Dubuque and axe now on file m the office of City Clerk Lhov mg among other things the plain, specifications, form of contract, estimated cost and preliminary plat and schedule Lhov mg the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, fot the ErunLkill Road Sanitary Sent Extension NOW THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA That the City Council deems rt advisable and necessary fot the public welfare to make the hetem mentioned improvement, and unless property °n en at the time of the final consideration of thn proposed resolution have on file with the City Clerk objectionL to the resolution of neceinty, they shall be deemed to have waived all objectionL pertaining to the tegulaxrty of the proceeding and the legality of wing the Lpectal assessment procedure Said imptovemenn shall be constructed and done m accordance with the plain and specifications which have been approved by the City Council and now on file with the City Clerk That the cost and expense of making such improvement will be assessed partially or totally against prrvately owned property lying with the assessment hnut, and m an amount not to exceed that provided by law, and m proportion to the Lpectal benefit conferred The portion of the cox which Lhall be borne by the City will be paid from Sent Construction Funds, and special assessment bonds may be issued m anticipation of deferred payment of assessment when a contract has been performed and accepted, and the proceeds thereof wed to pay the contractor The above resolution vas introduced, approved and ordered placed on file with the City Clerk thn 21st day of klatch, 1994 Approved and placed on file fot final action Terrance M Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Canned by the following vote Yeas —Mayor Duggan, Council Memben Kluesner, Krreg, Nagle Nicholson, Voetberg Nays —None RESOLUTION NO. 101 -94 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Ion +a, has given in prelmunaxy approval on the proposed plan, specifications and limn of contract and placed Lame on file m the office of the City Clerk fot public inspection, fot the ErunLkill Road Sanitary Sew et Extension, and, Whereas, the proposed Resolution of Neceinty fot Land improvement has been introduced and is now on file m the City Clerk's office fot public inspection NOW THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA That on the 18th day of April, 1994, a public heating will be held at 7 30 o'clock p m m the Public Library Audatorrum m the City of Dubuque at +hsch time the ov nen of property subject to assessment fot the proposed improvement or any other person havmg an interest m the matter may appear and be heard fot or against the making of the improvement, the boundaries of the drtrrct, the cost, the assessment against any lot, or the final adoption of a resolution of neceinty and the City Clerk be and is heteby authorised and duected to cause a notice of tune and place of such heating to be published m a newspaper having genetal cuculation m the City of dubuque, Ion +a, which notice shall be published once each week fot two consecutive weeks, the first publication of which shall be not lest, than ten days /mot to the day fixed fot rt consideration Unless property owness at the time of the final consideration of thn proposed resolution have on file with the City Clerk objectionL to the Resolution of Neceinty they shall be deemed to have waived all objectronL thereto Passed, adopted and appxoced this 21st day of March, 1994 Texxance M Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Voetbexg moved adoption of the Resolution Seconded by Council nlembex Nagle Canted by the following vote Yeas —Mayor Duggan, Council Membess Kluesnex, Kneg, Nagle Nicholson, Voetbexg Nays —None RESOLUTION NO. 102 -94 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY CODICIL OF THE CITY OF DUBUQUE, IOWA That the attached sheets, 1 to 1 inclusive, ate heteby determined to be the schedule of proposed assessments fot the Brunskill Road Samtary Sent Extension and the valuations set out herein axe heteby appxoced Passed, appxoced and adopted this 21st day of March, 1994 Reaular Session. March 21. 1994 86 Texxance M Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Voetbexg moved adoption of the Resolution Seconded by Council nlembex Nagle Canted by the following vote Yeas —Mayor Duggan, Council Membess Kluesnex, Krieg, Nagle Nicholson, Voetbexg Nays —None Communication of the Zoning Commission advising of theu approval to amend the PR Planned Residential Distract - Hillcxest Apartments, 3290 Hillcxest, (Alan H Israel), presented and read Council klembex Kluesnex moved that the communication be xecexced and filed Seconded by Council klembex Nagle Canted by the following vote Yeas— klayox Duggan, Council klembess Kluesnex, Krieg, Nagle Nicholson, Voetbexg Nays —None An Otdmance Amendmg Zoning Ordinance fot property located at 3290 Hillcxest Road to amend an existing PR Planned Residential Distract fot Hillcxest Apartments and Adopt an Amended Conceptual Development Plan, presented and read Council klembex Kluesnex moved that this be considered the first reading of the Ordinance, and that the xequuement that a proposed Ordinance be considered and voted on fot passage at two Council meetings pnox to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the Ordinance at the Council sleeting of 4 -4- 94 at 7 30 p m m the Public Library Auditorium and that the City Clerk publish notice m the manner pxescnbed by law Seconded by Council klembex Nagle Canted by the following vote Yeas— klayox Duggan, Council Members Kluesnex, Kneg, Nagle Nicholson, Voetbexg Nays —None Communication of Zoning Commission advising of theu denial to zoning request of Robert Feldexman fot property at 3049 Asbury Rd ftom C -2 to C -3, with conditions, presented and read Council klembex Voetbexg moved that the communication be xecexced and filed Seconded by Council klembex Nicholson Canted by the following vote Yeas— klayox Duggan, Council klembess Kluesnex, Kneg, Nagle, Nicholson, Voetbexg Nays —None An Otdmance amending the Zoning Otdmance of the Code by reclassifying 3049 Asbury Rd ftom C -2 Neighborhood Shopping Centex Distract to C -3 General Commercial Distract, with conditions, (denied by Commission), presented and read Bob Feldexman and Sieg Auto Parts requested that this be set fot Public Hearing Council klembex Voetbexg moved that it be set fot Public Hearing on 4 -4 -94 at 7 30 p m m the Public Library Auditorium and that the City Clerk publish notice m the manner xequued by law Seconded by Council klembex Nicholson Canted by the following vote Yeas— klayox Duggan, Council klembess Kluesnex, Kneg, Nagle Nicholson, Voetbexg Nays —None Communication of Zoning Commission advising of theu approval fot a new definition fot retail the service, presented and read Council Member Kluesnex moved that the communication be xecexced and filed Seconded by Council Member Robbins Canted by the following vote Yeas —Mayor Duggan, Council Membess Kluesnex, Kneg, Nagle Nicholson, Voetbexg Nays —None An Ordinance Amending Zoning Ordinance by adopting a Definition fot "Retail Sales Service" m Section 8, Definitions, presented and read Council Member Kluesnex moved that this be considered the first reading of the Ordinance, and that the xequuement that a proposed Ordinance be considered and voted on fot passage at two Council meetings pnox to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the Ordinance at the Council sleeting of 4 -4- 94 at 7 30 p m m the Public Library Auditorium and that the City Clerk publish notice m the manner pxescnbed by law Seconded by Council Member Robbins Canted by the following vote Yeas —Mayor Duggan, Council Membess Kluesnex, Kneg, Nagle Nicholson, Voetbexg Nays —None Communication of Zoning Commission advsng of then approval fot an amendment to Section 42 -19(b) of the Subdivision Ordinance, to permit - ingle family lot splits fot 1 lot line townhouses, presented and read Council klembex Kluesnex moved that the 87 Reaular Session. March 21. 1994 communication be xecexced and filed Seconded by Council Member Voetberg Canted by the following vote Teas —Mayor Duggan, Council Memben Kluesnex, Krieg, Nagle Nicholson, Voetberg Nays —None An Ordmance Amending the Code of Ordmances by xepealmg Section 42 -19(b) and adopting m lieu thereof a new Section 42- 19(b) permuting to Lot Area and Dune/mom, presented and read Council Member Kluesner moved that this be considered the nix readmg of the Ordmance, and that the requirement that a proposed Ordmance be considered and voted on fot passage at two Council meetings prior to the meeting at which it n to be finally adopted be suspended and further moved that a Public Hearing be held on the Ordinance at the Council sleeting of 4 -4- 94 at 7 30 p m m the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law Seconded by Council Member Voetberg Canted by the following vote Yeas —mayor Duggan, Council Member Kluesner, Krieg, Nagle Nicholson, Voetberg Nays —None Communication of Acting City Manager requesting that a public hearing be held on the amended Voluntary Annexation of City - Owned North west Arterial Right of Way, presented and read Council Member Voetberg moved that the communication be received and filed and set matter fot Public Heating on 4 -4 -94 at 7 30 p m m the Public Library Auditorium and that the City Clerk publish notice m the manner prescribed by law Seconded by Council Member Nagle Canted by the following vote Yeas —Mayor Duggan, Council Member Kluesnex, Krieg, Nagle Nicholson, Voetbexg NayL —None Communication of City Manager Lubnutting document, initiating the Water Plant Phase II Hydraulic and Electrical Improvement, and the Fourth Water PxeLLute Zoning Improvements, presented and read Council Member Krieg moved that the communication be received and filed Seconded by Council Member Nicholson Canted by the following vote Yeas —Mayor Duggan, Council Members Kluesnex, Krieg, Nagle Nicholson, Voetbexg NayL —None RESOLUTION NO. 103 -94 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS WAhereas, the pxopoLed plan, specification and form of contract fot the Water Plant Phase II Hydraulic and Electrical Improvements and Fourth Water PxeLLute Zone Impxovementl m the estimated amount of $1,296,000 have been pxepaxed by Fox Engineers under the direction of the City NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUEUQLE, IOWA Section 1 The proposed plans, specification,, and form of contract are approved and ordered filed m the office of the City Clerk fot public inspection Passed, approved and adopted thn 21st day of klatch, 1994 Texxance M Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Krieg moved adoption of the Resolution Seconded by Council Member Nicholson Canted by the following vote Yeas —Mayor Duggan, Council Member Kluesnex, Krieg, Nagle Nicholson, Voetberg Nays —None RESOLUTION NO. 104 -94 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa, has given in pxelmunary approval of the proposed plans, specifications, and firm of contract and placed same on file m the office of the City Clerk fot the Water Plant Phase II Hydraulic and Electrical Improvements and Fourth Water Pressure Zone Improvements NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUEUQLE, IOWA Section 1 That on the 2nd day of slay, 1994, a public heating will be held at 7 30 p m m the Public Lrbxary Auditorium at which time interested penoni may appear and be heard fot ox against the proposed plans and specifications, form of contract and cost of Laid improvement, and the City Clerk be and is hereby directed to cauLe a notice of tune and place of Luch hearing to be published m a newspaper having general circulation m the City of Dubuque, Iowa, which notice Lhall be not leLL than four dayL not mote than twenty dayL prior to the day fixed fot it consideration At the hearing, any interested person may appear and file objection to the pxopoLed plans, specification, form of contract, ox estimated cost of the improvement PaLLed, approved and adopted thn 21st day of nlaxch, 1994 Teriance Id Duggan, hlayox Attest Mary A Davit, City Clerk Council hlembex Krieg moved adoption of the Resolution Seconded by Council hlembex Nicholson Carried by the following vote Yeas— h1ayox Duggan, Council members Kluesnex, Krieg, Nagle Nicholson, Voetbexg Nays —None RESOLUTION NO. 105 -94 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUEUQLE, IOWA Section 1 That the project titled Watet Plant Phase II Hydraulic and Electrical Impxovementl and Fourth Watet PxeLLute Zone Improvement i heteby oxdexed to be advertised fox bids fox construction Section 2 That the amount of the security to accompany each bid shall be m an amount which shall conform to the provisions of the notice to bidden heteby approved al part of the plans and specifications heretofore adopted Section 3 That the City Clerk n heteby du ected to adverts a fox bids fox the construction of the improvement hexem provided to be published m a newspaper having general circulation m the City of Dubuque, Iowa, which notice shall not be less than four days not mote than twenty days prior to the receipt of said bids at 2 00 p m on the 21st day of April, 1994 Eids shall be opened and lead by the City Clerk at said time and will be submitted to the Council fox final action at 7 30 p m on the 2nd day of Ilay, 1994 Passed, approved and adopted this 2 21st day of klatch, 1994 Terrance M Duggan, Mlayor Attest hlary A Davis, City Clerk Council Mlember Krieg moved adoption of the Resolution Seconded by Council Mlember Nicholson Caned by the following vote Teas— Mlayor Duggan, Council Mlembeis Kluesnex, Krieg, Nagle Nicholson, \'oetberg Nays —None MINUTES SUEMMITTED Airport Commission of 2 -8 and 2 -15, Cable Community Telepxogrammmg Commission of 3 -1, Housing Code Appeals Board of 2-15, Housing Commission Trust Fund Committee of 3 -3, Library Board of Trustees of 2 -24, Long Range Planning Commission of 2 -16, Zoning Board of Adjustment of 2 -24, Zoning Commission of 3 -2, presented and lead Council Mlember Krieg moved that the minutes be r eceived and filed Seconded by Council Mlember Nicholson Caned by the following vote Teas— Mlayor Duggan, Council Mlembeis Kluesnex, Krieg, Nagle Nicholson, \'oetberg Nays —None NOTICES OF CLAIMS SUITS Paul Gavin in amount of $10144 fox vehicle damages, Douglas Hilby m amount of $394 00 fox vehicle damages, Linda Koch m amount of $62 01 fox vehicle damages, Shawn Mlenadue in amount of $62 00 fox personal injuries, Charles Spielman m amount of $20 fox vehicle towing, Chsi topher A Williams m amount of $505 22 fox vehicle damage, presented and lead Council Mlember \'oetberg moved that the claims and Lint be refereed to the Legal Staff fox investigation and report Seconded by Council Mlember Nicholson Caned by the following vote Teas— Mlayor Duggan, Council Mlembeis Kluesnex, Kneg, Nagle Nicholson, \'oetberg Nays —None Reaular Session. March 21. 1994 88 Communications of Corporation Counsel recommending settlement of vehicle damage claim of Paul Gavm m amount of $101 44, settlement of vehicle damage claim of Linda Koch m amount of $62 51, settlement of vehicle damage claim of Robert R Lucas m amount of $87 31, settlement of vehicle damage claim of Kathi A hluu m amount of $230 88, settlement of vehicle damage claim of Jackie Nelson m amount of $63 20, settlement of vehicle damage claim of Michael Weber m amount of $188 85, presented and lead Council Mlember \'oetberg moved the settlement be approved with Finance Duectox to sssue checks Seconded by Council Mlember Nicholson Carried by the following vote Teas— Mlayor Duggan, Council Mlembeis Kluesnex, Krieg, Nagle, Nicholson, \'oetberg Nays —None Communications of Corporation Counsel advice g following claims have been xeferied to Crawford and Company, the agent fox the Iowa Communities Assurance Pool car damage claim of Paula & Richard Baker, car damage claim of Mary A Davis, personal injury claim of Diane Digmann, car damage claim of John Hopkins, car damage claim of Michael Hotchkiss, personal injury claim of Selma Simon, presented and lead Council Mlember \'oetberg moved that the communications be received and filed Seconded by Council Mlember Nicholson Canned by the following vote Teas— Mlayor Duggan, Council Mlembeis Kluesnex, Kneg, Nagle Nicholson, \'oetberg Nays —None Communications of Corporation Counsel xecommendmg denial of car damage claim of John G Ei doxf, car damage claim of Douglas Hrlby, car damage claim of Iuhe Saeuging and car damage claim of James R \Vahlert, presented and lead Council Mlember \'oetberg moved that the communications be received and filed and denials approved Seconded by Council hlembex Nicholson Canned by the following vote Teas —Mayor Duggan, Council hlembeis Kluesnex, Kneg, Nagle Nicholson, \'oetberg Nays —None Communication of Finance Duectox submitting Financial Reports fox February 1994, presented and lead Council hlembex \'oetberg moved that the communication be received and filed Seconded by Council hlembex Nicholson Caned by the following vote Teas —Mayor Duggan, Council hlembeis Kluesner, Krieg, Nagle Nicholson, \'oetberg Nays —None Communication of Carla Crahan regarding the pmgteii to improve parking and traffic problems at Bryant School, presented and lead Council hlembex \'oetberg moved that the communication be received and filed Seconded by Council hlembex Nicholson Canned by the following vote Teas —Mayor 89 Reaular Session. March 21. 1994 Duggan, Council Memben Kluesnex, Krieg, Nagle Nicholson, Voetbexg Nay, —None Communication of City Mlanagex xecommendmg tenet +al of a contract with Eunkex Hill Golf Pxo George Stephenson, presented and read Council Mlembex Voetbexg moved that the communication be xecexved and filed Seconded by Council Mlembex Nicholson Caned by the following vote Tea,— Mlayox Duggan, Council Memben Kluesnex, Krieg, Nagle, Nicholson, Voetbexg Nay, —None Communication of Ernn M Quade and Gene F Sullivan objecting to development process of Sunny Slopes Estates, presented and read Council Mlembex Nagle moved that the communication be xefexxed to the City Mlanagex Seconded by Council Mlembex Nicholson Caned by the following vote Tea,— Mlayox Duggan, Council Memben Kluesnex, Krieg, Nagle Nicholson, Voetbexg Nay, —None Communication of Ann and Ed Vandetmillen, 2115 Coates, xegaxding the hiring of 7 additional police officen and the defexxed funding of one part time employee at the Library, presented and read Council Mlembex Voetbexg moved that the communication be xecexved and filed Seconded by Council Mlembex Nicholson Caxxxed by the following vote Teas— Mlayox Duggan, Council Memben Kluesnex, Krieg, Nagle Nicholson, Voetbexg Nay, —None Communication of Matt Hobson of the IA Dept of Health xegaxding the lack of Budget approval fot minintum funding m an effort to I educe Sexually Txansmstted Ditherer, presented and read Council Mlembex Voetbexg moved that the communication be xecexved and filed Seconded by Council Mlembex Nicholson Caned by the following vote Tea,— Mlayox Duggan, Council Memben Kluesnex, Krieg, Nagle Nicholson, Voetbexg Nay, —None Iowa DOT advising of Public Input meetings around the State to xecexve input on Iova's transportation needs, pohcxes, pxogxamming pxxoxxtxer and related issues, presented and read Council Mlembex Voetbexg moved that the notice be xecexved and filed Seconded by Council Mlembex Nicholson Caned by the following vote Tea,— Mlayox Duggan, Council Memben Kluesnex, Krieg, Nagle Nicholson, Voetbexg Nay, —None Iowa DOT advising of Condemnation of Certain Right m Land by the Iowa DOT fot the nnptovement of Relocated Pxvnary Road No U 5 20 m the City, known at "Pxgect No FN- 20- 0(29)- 21 -31 Group "H ", Parcel 233 (Complete legal description on file m the City Clerk's office), presented and read Council Mlembex Voetbexg moved that the notice be xecexved and filed Seconded by Council Mlembex Nicholson Caned by the following vote Tea,— Mlayox Duggan, Council Memben Kluesnex, Krieg, Nagle Nicholson, Voetbexg Nay, —None REFUNDS REQUESTED I Michael Mlaggext dba My Jo Inc (The Caddie Shack) in amount of $150 00 fot Eeex Permit, presented and read Council Mlembex Voetbexg moved that the refund be approved with Finance Director to utile the puppet check Seconded by Council Mlembex Nicholson Caned by the following vote Tea,— Mlayox Duggan, Council Memben Kluesnex, Krieg, Nagle Nicholson, Voetbexg Nay, —None Proofs of publication, certified to by the Pubhshet, of Notice of Filing of the Final Plat and Schedule of assessment fot construction of 1991 Sidevallc Construction Pxogxam, Notice to the Council by Intesstate Pot +et accepting Electric Fxanchne fot 25 year period, Lit of Clain fot month ending January 31, 1994, presented and read Council Mlembex Voetbexg moved that the pxoo& be xecerved and filed Seconded by Council Mlembex Nicholson Caned by the following vote Tea,— Mlayox Duggan, Council Memben Kluesnex, Krieg, Nagle Nicholson, Voetbexg Nays —None Communication from the Wayne A Norman, It on behalf of the Univessrty of Dubuque Dial Companies requesting that action on the xeeorung applications fot Univeiaty of Dubuque property be tempoxaxily be put on hold, presented and read Council Mlembex Voetbexg moved that the communication be xecexved and filed Seconded by Council Mlembex Nicholson Caxxxed by the following vote Teas— Mlayox Duggan, Council Memben Kluesnex, Krieg, Nagle, Nicholson, Voetbexg Nay, —None upon motion xecexved and filed Communication of Patti Cant requesting that if a Public Hearing it held on xeeorung of UD property that it be held on a night other than a tegulax Council meeting and that the nether to speak when it it scheduled and communication of Ieanette & Robert Schnebex requesting denial of commexaal development of Univessrty of Dubuque property near Highway 20, presented and read Council Mlembex Voetbexg moved that the communication be xecexved and filed Seconded by Council Mlembex Nicholson Caxxxed by the following vote Teas— Mlayox Duggan, Council Memben Kluesnex, Krieg, Nagle Nicholson, Voetbexg Nay, —None Patti Cant of St Joseph St , Tom Caxxoll of 141 Princeton and Bob Schreiber of 40 Devon Dr all spoke to the communication, xequestmg ,approved 1995 denial of commexaal development Communication of Thomas Luksetrch on behalf of Joe Healey xequestmg to cancel the rezoning fox the property at 305 W 16th St presented and read Council Member Voetbexg moved that the communication be xecexved and filed Seconded by Council Member Nicholson Canned by the following vote Tea, —Mayor Duggan, Council Memben Kluemer, Kneg, Nagle Nicholson, Voetbexg Nay, —None There being no further business, Council Member Voetbexg moved to adjourn the meeting Seconded by Council Member Kluemex Canned by the following vote Teas —Mayor Duggan, Council Memben Kluemer, Kneg, Nagle Nicholson, Voetbexg Nays —None Meeting adjourned at 9 43 p m Mary A Davn CMC City Clerk Reaular Session. March 21. 1994 90 Adopted 1995 ,attest hlayox Council hlemben City Clerk