Loading...
1994 July Council Proceedings213Board of Health, July 5, 1994 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None, The Board of Health CITY OF DUBUQUE Meeting adjourned at 7:34 p.m. BOARD OF HEALTH Mary A. Davis CMC Secretary, Board of Health SPECIAL MEETING Approved ______________________, 1995. Adopted _______________________, 1995. Special Board of Health Meeting, Tuesday, July 5, 1994 Board met at 7:25 p.m., Public Library ____________________________________ Auditorium Chairperson Present: Chairman Duggan, Board Members ____________________________________ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. ____________________________________ Chairman Duggan read the call and stated this is a Special Session of the Board of Health called ____________________________________ for the purpose to act upon such business which may properly come before the Board. ____________________________________ Communication of City Manager providing information about Healthy 2000 Project, presented and read. Mary Rose Corrigan, Health Services ____________________________________ Specialist, made a presentation. Board Member Voetberg moved that the communication be ____________________________________ received and filed. Seconded by Board Member Board Members Nagle. Carried by the following vote: Yeas—Chairperson Duggan, Board Members Kluesner, Krieg, Nagle, Nicholson, Robbins,Attest: Voetberg. Nays—None. ____________________________________ Communication of City Manager Secretary, Board of Health recommending approval of contract with VNA for Senior Health Clinic Services, presented and read. Board Member Voetberg moved that the communication be received and filed and approved contract. Seconded by Board Member Nagle. Carried by the following vote: Yeas—Chairperson Duggan, Board Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. There being no further business, Board Member Krieg moved to adjourn. Seconded by Board Member Nicholson. Carried by the following vote: Yeas—Chairperson Duggan, Board Members Regular Session, July 5, 1994214 Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, DUBUQUE Voetberg. Nays—None. RESOLUTION NO. 222-94 CITY COUNCIL RESOLUTION ANNEXING LOT 1 OF LOT 1 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 34, TWP. 89N, RANGE 2E, IN OFFICIAL DUBUQUE TOWNSHIP, DUBUQUE COUNTY, IOWA. PROCEEDINGS Whereas, Martin J. McNamer and Nancy A. Comer McNamer, as owners of an area approximately four acres in size lying immediately Council Meeting, Regular Session, July 5, adjacent to the City of Dubuque, Iowa, have 1994 voluntarily petitioned for annexation of said Council met at 7:30 p.m., Public Library territory to the City of Dubuque; and Auditorium Whereas, Chapter 368 of the Code of Iowa Present: Mayor Duggan, Council Members authorizes the extension of city limits in situations Kluesner, Krieg, Nagle, Nicholson, Robbins, of this character by the adoption of a resolution; Voetberg, City Manager Michael Van Milligen, and Corporation Counsel Barry A. Lindahl. Whereas, the future growth and development of the City of Dubuque, Iowa, make it desirable that Mayor Duggan read the call and stated this is said territory be made part of the City of Dubuque, the Regular Session of the City Council called for Iowa. the purpose to act upon such business which may NOW THEREFORE, BE IT RESOLVED BY properly come before the Council. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Invocation was given by Pastor Dennis Schmitt Section 1, That the territorial limits of the City of the Dubuque Community Church. of Dubuque, Iowa, be and they are hereby extended to include the area comprising the Council Member Nagle moved that the rules be following described real estate to wit: suspended to allow anyone present to address the Lot 1 of Lot 1 of the SW 1/4 of the SE 1/4 of Council if they so desire. Seconded by Council Section 34, TWP. 89N, Range 2E, in Dubuque Member Robbins. Carried by the following vote: Township, Dubuque County, Iowa. Yeas—Mayor Duggan, Council Members Section 2, That the territory hereby annexed Kluesner, Krieg, Nagle, Nicholson, Robbins, shall become a part of the First Ward, Third Voetberg. Nays—None. Precinct of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of Public Hearing to determine whether two July, 1994. $300.00 civil penalties should be assessed against Terrance M. Duggan, Mayor License holder for Whiskey River and Attest: communication of City Manager recommending to Mary A. Davis, City Clerk assess civil penalties, presented and read. Council Council Member Krieg moved that the Member Voetberg moved that the communication communication be received and filed. Seconded by be received and filed and approved the penalty. Council Member Nagle. Carried by the following Seconded by Council Member Krieg. Carried by vote: Yeas—Mayor Duggan, Council Members the following vote: Yeas—Mayor Duggan, Kluesner, Krieg, Nagle, Nicholson, Robbins, Council Members Kluesner, Krieg, Nagle, Voetberg. Nays—None. Nicholson, Robbins, Voetberg. Nays—None. Proof of publication certified to by the Public Hearing to determine whether a $300.00 Publisher on Notice of Public Hearing to consider civil penalty should be assessed against Beer disposing of vacated portion of Kerper Boulevard Permittee holder for Lee's 76 and West Locust right-of-way and communication of City Manager Mart and communication of City Manager recommending to sell vacated portion of Kerper recommending to assess civil penalties and Boulevard to Sanofi-Bio Industries, presented and communication of Lee Potter, Sr. requesting no read. Council Member Kluesner moved that the penalty be assessed, presented and read. Lee Potter proof and communication be received and filed. spoke objecting to assessment as this was a first Seconded by Council Member Nicholson. Carried time offense. Council Member Voetberg moved by the following vote: Yeas—Mayor Duggan, that the communications be received and filed and Council Members Kluesner, Krieg, Nagle, approved penalty. Seconded by Council Member Nicholson, Robbins, Voetberg. Nays—None. Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members RESOLUTION NO. 223-94 Kluesner, Krieg, Nagle, Nicholson, Robbins, Whereas, pursuant to resolution and published Voetberg. Nays—None. notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general Proof of publication certified to by the circulation published in the City of Dubuque, Iowa Publisher on notice of public hearing to consider on 24th day of June, 1994, the City council of the annexation of property lying West of Cedar Cross City of Dubuque, Iowa met on the 5th day of July, Road and south of North Cascade Road, presented 1994, at 7:30 p.m. in the Public Library and read. Council Member Krieg moved that the Auditorium, 11th and Locust, Dubuque, Dubuque proof be received and filed. Seconded by Council County, Iowa to consider the proposal for the sale Member Nagle. Carried by the following vote: of real estate described as: 215Regular Session, July 5, 1994 Lot 1A and Lot 2A in Block 6 of River FrontPassed, adopted and approved this 5th day of Subdivision No. 3 in the City of Dubuque,July, 1994. Iowa to Sanofi Bio-Industries, Inc.; andTerrance M. Duggan, Mayor Whereas, the City Council of the City ofAttest: Dubuque, Iowa overruled any and all objections,Mary A. Davis, City Clerk oral or written, to the proposal to dispose ofCouncil Member Nagle moved adoption of the interest of the City of Dubuque, Iowa in theResolution. Seconded by Council Member hereinabove described real estate to Sanofi Bio-Robbins. Carried by the following vote: Industries, Inc.Yeas—Mayor Duggan, Council Members NOW, THEREFORE, BE IT RESOLVED BYKluesner, Krieg, Nagle, Nicholson, Robbins, THE CITY COUNCIL OF THE CITY OFVoetberg. Nays—None. DUBUQUE, IOWA:Proof of publication certified to by the Section 1, That the disposal of the interest ofPublisher on Notice to Bidders on the receipt of the City of Dubuque, Dubuque County, Iowa inBids for project and communication of City real property described as Lot 1A and Lot 2A inManager recommending to award contract for Block 6 of River Front Subdivision No. 3, in theproject, presented and read. Council Member City of Dubuque, Iowa to Sanofi Bio-Industries,Nagle moved that the proof and communication be Inc. be and the same is hereby approved for thereceived and filed. Seconded by Council Member sum of $22,421.10, plus publication and filingRobbins. Carried by the following vote: fees, conveyance shall be by Warranty Deed.Yeas—Mayor Duggan, Council Members Section 2, That the Mayor be authorized andKluesner, Krieg, Nagle, Nicholson, Robbins, directed to execute a Warranty Deed, and the CityVoetberg. Nays—None. Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above named grantee upon receipt of the purchase priceRESOLUTION NO. 225-94 in full.AWARDING CONTRACT Section 3, That the City Clerk be and is herebyWhereas, sealed proposals have been submitted authorized and directed to record a certified copyby contractors for the 11th Street Storm Sewer of this resolution in the office of the City Assessor,Reconstruction pursuant to Resolution No. 199-94 Dubuque County Recorder and the Dubuqueand notice to bidders published in a newspaper County Auditor.published in the City of Dubuque, Iowa on the 9th Passed, approved and adopted this 5th day ofday of June, 1994. July, 1994.Whereas, said sealed proposals were opened Terrance M. Duggan, Mayorand read on the 23rd day of June, 1994 and it has Attest:been determined that the bid of Tschiggfrie Mary A. Davis, City ClerkExcavating of Dubuque, Iowa in the amount of Council Member Kluesner moved to adopt the$198,589.31 was the lowest bid for the furnishings Resolution. Seconded by Council Memberof all labor and materials and performing the work Nicholson. Carried by the following vote:as provided for in the plans and specifications. Yeas—Mayor Duggan, Council MembersNOW THEREFORE, BE IT RESOLVED BY Kluesner, Krieg, Nagle, Nicholson, Robbins,THE CITY COUNCIL OF THE CITY OF Voetberg. Nays—None.DUBUQUE, IOWA: That the contract for the above improvement be Proof of publication certified to by theawarded to Tschiggfrie Excavating and the Publisher on Notice of Hearing on Plans andManager be and is hereby directed to execute a Specifications for the 11th Street Storm Sewercontract on behalf of the City of Dubuque for the Reconstruction from Elm Street to White Street,complete performance of the work. presented and read. Council Member Nagle movedBE IT FURTHER RESOLVED: that the proof of publication be received and filed.That upon the signing of said contract and the Seconded by Council Member Robbins. Carried byapproval of the contractor's bond, the City the following vote: Yeas—Mayor Duggan,Treasurer is authorized and instructed to return the Council Members Kluesner, Krieg, Nagle,bid deposits of the unsuccessful bidders. Nicholson, Robbins, Voetberg. Nays—None.Passed, approved and adopted this 5th day of July, 1994. RESOLUTION NO. 224-94Terrance M. Duggan, Mayor RESOLUTION ADOPTING PLANS ANDAttest: Mary A. Davis, City Clerk SPECIFICATIONS Whereas, on the 1st day of June, 1994, plans,Council Member Nagle moved adoption of the specifications, form of contract and estimated costResolution. Seconded by Council Member were filed with the City Clerk of Dubuque, IowaRobbins. Carried by the following vote: for the 11th Street Storm Sewer ReconstructionYeas—Mayor Duggan, Council Members from Elm Street to White Street.Kluesner, Krieg, Nagle, Nicholson, Robbins, Whereas, notice of hearing on plans,Voetberg. Nays—None. specifications, form of contract, and estimated cost was published as required by law.BOARDS AND COMMISSIONS NOW THEREFORE, BE IT RESOLVED BYCIVIC CENTER COMMISSION THE CITY COUNCIL OF THE CITY OFTwo three-year terms that will expire 6-29-97 DUBUQUE, IOWA:(terms of Gary Dolphin & Paula Lange), That the said plans, specifications, form ofApplicants: Thomas J. Crall, Gary P. Dolphin, contract and estimated cost are hereby approved asKaren C. Lyness, Paula A. Lange, Steve the plans, specifications, form of contract andSesterhenn. estimated cost for said improvements for saidMayor Duggan voted for Dolphin and Lange, project.Council Member Kluesner voted for Dolphin and Regular Session, July 5, 1994216 Lange, Council Member Krieg voted for DolphinThe second vote, for the unexpired term was as and Lange, Council Member Nagle voted forfollows: Mayor Duggan voted for Blocklinger, Dolphin and Lange, Council Member NicholsonCouncil Member Kluesner voted for Lyness, voted for Dolphin and Lange, Council MemberCouncil Member Krieg voted for Lyness, Council Robbins voted for Dolphin and Lange, CouncilMember Nagle voted for Lyness, Council Member Member Voetberg voted for Dolphin and Lange.Nicholson voted for Lyness, Council Member Therefore, Gary P. Dolphin and Paula A. LangeRobbins voted for Blocklinger, Council Member reappointed to the Civic Center Commission forVoetberg voted for Lyness. Therefore, Karen three year terms which will expire June 29, 1997.Lyness appointed to the unexpired term which will expire 6-30-95. COMMUNITY DEVELOPMENT COMMISSIONTV CABLE REGULATORY Census Tract #5: Applicants: Rev. RonaldCOMMISSION Rankin, Andrea Psaros-Shickles. One term to expire 6-30-97. One Applicant: Mayor Duggan voted for Psaros-Shickles,Charlie Ellis. Council Member Kluesner moved Council Member Kluesner voted for Psaros-that Charlie Ellis be appointed to the TV Cable Shickles, Council Member Krieg voted for Psaros-Regulatory Commission. Seconded by Council Shickles, Council Member Nagle voted for Psaros-Member Nagle. Carried by the following vote: Shickles, Council Member Nicholson voted forYeas—Mayor Duggan, Council Members Psaros-Shickles, Council Member Robbins votedKluesner, Krieg, Nagle, Nicholson, Robbins, for Psaros-Shickles, Council Member VoetbergVoetberg. Nays—None. voted for Psaros-Shickles. Therefore, Andrea Psaros-Shickles appointed to the Community ZONING COMMISSION Development Commission to represent CensusOne unexpired term which will expire 7-1-96; Tract #5.One three-year term which will expire 7-1-97. Applicants: Martha E. Christ, Donald H. Lochner, Ferd A. Nesler. LONG RANGE PLANNING COMMISSIONVote on the appointments: Mayor Duggan Council representative to this Commission:voted for Christ, Council Member Kluesner voted Council Member Krieg moved that Dirk Voetbergfor Nesler, Council Member Krieg voted for be appointed as the Council representative, withNesler, Council Member Nagle voted for Christ, Loras Kluesner as the alternate. Seconded byCouncil Member Nicholson voted for Lochner, Council Member Nicholson. Carried by theCouncil Member Robbins voted for Christ, following vote: Yeas—Mayor Duggan, CouncilCouncil Member Voetberg voted for Nesler. Members Kluesner, Krieg, Nagle, Nicholson,There not being a majority, a second vote was Robbins, Voetberg. Nays—None.taken: Mayor Duggan voted for Christ, Council Two-three year terms which will expire 7-1-97Member Kluesner voted for Nesler, Council and one unexpired term which will expire 7-1-96.Member Krieg voted for Nesler, Council Member Applicants: Gregory E. Malm, Mary LynnNagle voted for Christ, Council Member Neumeister, Richard Stein. Nicholson voted for Nesler, Council Member Mayor Duggan voted for Malm and Stein,Robbins voted for Christ, Council Member Council Member Kluesner voted for NeumeisterVoetberg voted for Nesler. Therefore, Ferd A. and Stein, Council Member Krieg voted forNesler appointed to a three year term which will Neumeister and Stein, Council Member Nagleexpire 7-1-97. voted for Neumeister and Stein, Council MemberVote for the unexpired term to expire 7-1-96. Nicholson voted for Neumeister and Stein, CouncilMayor Duggan voted for Lochner, Council Member Robbins voted for Malm and Stein,Member Kluesner voted for Christ, Council Council Member Voetberg voted for NeumeisterMember Krieg voted for Christ, Council Member and Stein. Therefore, Richard Stein and MaryNagle voted for Christ, Council Member Lynn Neumeister appointed to three year terms onNicholson voted for Lochner, Council Member the Long Range Planning Commission which willRobbins voted for Christ, Council Member expire 7-1-97 and Gregory E. Malm thenVoetberg voted for Christ. Therefore, Martha E. appointed to the unexpired term which will expireChrist appointed to the unexpired term which will 7-1-96.expire 7-1-96. PARK & RECREATIONCommunication of City Manager advising of response to University of Dubuque request, COMMISSION Two three-year terms to expire June 30, 1997presented and read. Council Member Kluesner and one unexpired term to expire June 30, 1995.moved that the communication be received and Applicants: Tim J. Bemis, Tom Blocklinger, Garyfiled. Seconded by Council Member Voetberg. L. Harjehausen, Karen C. Lyness, Kim Daykin.Carried by the following vote: Yeas—Mayor Mayor Duggan voted for Blocklinger andDuggan, Council Members Kluesner, Krieg, Harjehausen, Council Member Kluesner voted forNagle, Nicholson, Robbins, Voetberg. Blocklinger and Daykin, Council Member KriegNays—None. voted for Daykin and Lyness, Council Member Nagle voted for Daykin and Harjehausen, Council(OFFICIAL PUBLICATION) Member Nicholson voted for Daykin andORDINANCE NO. 35-94 Harjehausen, Council Member Robbins voted for AN ORDINANCE AMENDING APPENDIX Daykin and Harjehausen, Council MemberA (THE ZONING ORDINANCE) OF THE Voetberg voted for Daykin and Lyness. Therefore,CODE OF ORDINANCES OF THE CITY OF Kim Daykin and Gary Harjehausen appointed to DUBUQUE, IOWA, BY RECLASSIFYING three year terms which will expire June 30, 1997. HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF DODGE STREET 217Regular Session, July 5, 1994 and to the center line of the adjoining public BETWEEN DEVON DRIVE AND COLLINS STREET FROM R-1 SINGLE-FAMILYright-of-way, all in the City of Dubuque, Iowa. RESIDENTIAL DISTRICT AND IDSection 3, That pursuant to Iowa Code Section INSTITUTIONAL DISTRICT TO PUD414.5(1993), and as an express condition of the reclassification, the undersigned property owner(s) PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNEDagree(s) to the following conditions, all of which COMMERCIAL DISTRICT DESIGNATIONthe property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs AND ADOPTING A CONCEPTUAL that are caused directly by the zoning DEVELOPMENT PLAN, WITH CONDITIONS.reclassification: NOW, THEREFORE, BE IT ORDAINED BYA.Use Regulations. THE CITY COUNCIL OF THE CITY OFThe following regulations shall apply to all DUBUQUE, IOWA:uses made of land in the above described PUD Section 1, That Appendix A (the ZoningPlanned Unit Development District: Ordinance) of the Dubuque Code of Ordinances be1)Principal permitted uses shall be limited amended by reclassifying hereinafter describedto: property from R-1 Single-Family Residentiala)Regional Shopping Center. District to PUD Planned Unit Developmentb)All principal permitted uses as District with a Planned Commercial designationallowed in Section 3-3.3 C-3 and adopting a conceptual development plan, aGeneral Commercial District. copy of which is attached to and made a part2)Accessory uses shall include any use hereof, to wit:customarily incidental and subordinate to Lot 2 of Lot 1 of Lot 1 of Lot 1 of Clarencethe principal use it serves Polfer Place and Lot 2 of Lot 1 of Lot 1 of LotB.Lot and Bulk Regulations. 1 of Lot 1 of Lot 1 of Clarence Polfer Place andDevelopment of land in the PUD Planned Unit to the center line of the adjoining public right-Development District shall be regulated as of-way, all in the City of Dubuque, Iowa.follows: Section 2, That Appendix A (the Zoning1)All building structures and activities shall Ordinance) of the Dubuque Code of Ordinances bebe located in conformance with the amended by reclassifying hereinafter describedattached conceptual development plan and property from ID Institutional District to PUDall final site development plans are to be Planned Unit Development District, with aapproved in accordance with provisions of Planned Commercial designation and adopting athe PUD Planned Unit Development conceptual development plan, a copy of which isDistrict regulations. attached to and made a part hereof, to wit:2)All buildings and structures shall provide All of Lot 2 and Lot 2 of Lot 1 of Steffen'sa front yard setback of a minimum 20 feet Place and Lot 2 of Lot 1 of Lot 1 of Cain'sfrom the front property line. Subdivision No. 2 and that portion of Lot 1 of3)A maximum building height of 35 feet Lot 1 of Lot 2 of Mineral Lot 156, Lot 1 of Lotshall be allowed. 1 of Lot 1 of Lot 1 of Cain's Subdivision No. 2C.Performance Standards. and Lot 1 of Lot 1 of Steffen's Place asThe development and maintenance of uses in described below.this PUD Planned Unit Development District Commencing at the intersection of the northshall be established in conformance with IDOT right-of-way (ROW) of U.S. HighwaySection 3-5.5 of the Dubuque Zoning 20 (Dodge Street) and the east line of Lot 2 ofOrdinance and the following standards: Lot 1 of Lot 1 of Lot 1 of Clarence Polfer1)Access to the district shall only be Place;permitted by an east-west access to and Thence northerly 181 feet along the east line offrom Highway 20; no access shall be said Lot 2 of Lot 1 of Lot 1 of Lot 1 to thepermitted to or from Devon Drive, The south corner of Lot 2 of Lot 3 of Block 9 ofowner shall submit a revised conceptual Steger Heights;development plan for such access to the Thence northerly 632 feet along the east line ofCity Council for its review, Unless such Block 9 of Steger Heights;plan is approved by an affirmative vote of Thence easterly 665 feet to the westerly line ofthree-quarters of the members of the City the proposed PR rezoning request by theCouncil at a public hearing before July 1, University of Dubuque as filed January 3,1995, this ordinance shall be deemed of 1994;no further force and effect, No Thence southerly along the west line of theimprovements or development shall be proposed PR District a distance of 735 feet tocommenced by the owner in the district in the northerly row line of U.S. Highway 20;reliance upon this ordinance unless and Thence westerly along the row of U.S.until such plan is approved by the City Highway 20 a distance of 70 feet;Council, The City Council shall not Thence southwesterly along the row of U.S.approve any such plan if it determines that Highway 20 a distance of 195 feet;the plan, in its judgment, negatively Thence westerly along the row of U.S.impacts upon the Highway 20 Project, Highway 20 a distance of 220 feet;Notwithstanding the foregoing, the City Thence northwesterly along the row of U.S.Council reserves the right to reconsider Highway 20 a distance of 70 feet;the adoption of this ordinance at any time Thence westerly along the row of U.S.prior to July 1, 1995, and upon such Highway 20 a distance of 250 feet to the eastreconsideration, to take such action as it line of Lot 2 of Lot 1 of Lot 1 of Lot 1 ofdeems in the public interest, including but Clarence Polfer Place, the point of beginning;not limited to, amending or repealing this ordinance. Regular Session, July 5, 1994218 2)Lighting shall be provided per CitySection 3, That the foregoing amendment has standards with a maximum height of 35heretofore been reviewed by the Zoning feet.Commission of the City of Dubuque, Iowa. 3)Landscaping shall be provided inSection 4, That the foregoing amendment shall compliance with Section 4.4 of the Zoningtake affect upon publication, as provided by law. Ordinance and as stipulated in thePassed, approved and adopted this 5th day of conceptual development plan, with aJuly, 1994. landscaping plan to be submitted at theTerrance M. Duggan, Mayor time of final site plan approval.ATTEST: 4)All utilities including telephone and cableMary A. Davis, City Clerk television shall be installed underground.ACCEPTANCE OF ORDINANCE NO. 35-94 5)Final site development plans shall beWe John J. Agria, President of University of submitted in accordance with Section 4-4Dubuque, property owner, and Robert Welstead, of the Zoning Ordinance of the City ofVice President of Dial Companies, having read the Dubuque, Iowa prior to construction ofterms and conditions of the foregoing Ordinance each building.No. 35-94 and being familiar with the conditions 6)Parking requirements shall be a minimumthereof, hereby accept this same and agree to the of 744 spaces for the retail shoppingconditions required therein. center, Parking for the proposed outlotsDated in Dubuque, Iowa this 28th day of shall be as per the parking group for theAugust, 1994 designated use or in accordance withBy /s/John J. Agria, President Section 4-2 of the Zoning Ordinance.University of Dubuque D.Open Space and Recreational AreasBy /s/Robert L. Welstead, Vice President Those areas not designated on the conceptualDial Companies development plan for development shall bePublished officially in the Telegraph Herald maintained as open space, as defined by Sectionnewspaper this 14th day of September, 1994. 8 of the Zoning Ordinance by the property 1t 9/14Mary A. Davis, City Clerk owner and/or association.Council Member Kluesner moved to amend E.Sign Regulations.Ordinance No. 35-94, to include "Notwithstanding The sign regulations shall be the same as thatthe foregoing, the City Council reserves the right to which are shown on the attached Exhibit A, reconsider the adoption of this Ordinance at any hereto made a part of this ordinance.time prior to July 1, 1995, and upon such F.Additional Standards.reconsideration, to take such action as it deems in 1)The conceptual development plan shall bethe public interest, including but not limited to, valid for a period of 5 years provided a amending or repealing this Ordinance." final site development plan and/or a finalSeconded by Council Member Voetberg. Carried subdivision plat and improvement plansby the following vote: Yeas—Mayor Duggan, for the proposed public street(s) are Council Members Kluesner, Krieg, Nagle, submitted within two years from the dateNicholson, Robbins, Voetberg. Nays—None. of approval. 2)That all previously approved conceptualCommunication of City Manager development plans are hereby amended to recommending final acceptance of ramp allow for the attached conceptualconstruction for Diamond Jo, presented and read. development plan.Council Member Robbins moved that the G.Transfer of Ownershipcommunication be received and filed and request Transfer of ownership or lease of property in approved. Seconded by Council Member this PUD Planned Unit Development DistrictNicholson. Carried by the following vote: shall include in the transfer or lease agreementYeas—Mayor Duggan, Council Members a provision that the purchaser or lessee Kluesner, Krieg, Nagle, Nicholson, Robbins, acknowledges awareness of the conditionsVoetberg. Nays—None. authorizing the establishment of the district. H.Reclassification of Subject Property. Communication of City Manager requesting The City of Dubuque, Iowa, may initiate approval for designated employees to execute zoning reclassification proceedings to thechecks on behalf of the City, presented and read. original district(s) in accordance with Section 6Council Member Voetberg moved that the of the Zoning Ordinance if the propertycommunication be received and filed. Seconded by owner(s) fail(s) to complete any of the Council Member Nagle. Carried by the following conditions of this ordinance.vote: Yeas—Mayor Duggan, Council Members I.Modifications.Kluesner, Krieg, Nagle, Nicholson, Robbins, Any modifications of this Ordinance must beVoetberg. Nays—None. approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. RESOLUTION NO. 226-94 J.Recording. RESOLUTION AUTHORIZING CERTAIN A copy of this ordinance shall be recorded atDESIGNATED EMPLOYEES OF THE CITY the expense of the property owner(s) with theOF DUBUQUE LIMITED Dubuque County Recorder as a permanent AUTHORIZATION TO EXECUTE CHECKS record of the conditions accepted as part of this ON BEHALF OF THE CITY OF DUBUQUE. reclassification approval within ten (10) days ofWhereas, the City of Dubuque deposits certain the adoption of this ordinance, This ordinancefunds for specific use in local commercial banking shall be binding upon the undersigned and allinstitutions; and his/her heirs, successors and assignees. Whereas, the commercial banking institutions require authorization by the City Council for City 219Regular Session, July 5, 1994 employees to sign checks and drafts drawn on such481 Locust banking institutions; andMilk HouseLoren Zihlke Whereas, the City Council has determined that2311 Windsor the City employees who may sign checks andCorner TapPat Broessel drafts drawn on designated accounts on behalf ofMy-Cap2093 Washington the City of Dubuque are Housing ServicesDiamond Jo CasinoMy-Cap Manager David Harris for checks issued for theGreater Dbq Riverbt Enter.Co 3rd St Ext. City of Dubuque Section 8 Rental AssistanceMario's Italian Rest.& Lounge program drawn on account number 70-262-5 atAngelina BertoliniMy-Cap American Trust and Savings Bank in DubuquePassed, approved and adopted this 5th day of and Rehabilitation Supervisor Joleen Patterson forJuly 1994. checks issued for the City of Dubuque HousingTerrance M. Duggan, Mayor Rehabilitation Loan program drawn on accountAttest: number 80-965-9 at American Trust and SavingsMary A. Davis, City Clerk Bank in Dubuque.Council Member Kluesner moved adoption of NOW, THEREFORE, BE IT RESOLVED BYthe Resolution. Seconded by Council Member THE CITY COUNCIL OF THE CITY OFNagle. Carried by the following vote: DUBUQUE, IOWA:Yeas—Mayor Duggan, Council Members Section 1, The Housing Services ManagerKluesner, Krieg, Nagle, Nicholson, Robbins, David Harris is hereby authorized to sign checksVoetberg. Nays—None. and drafts on behalf of the City of Dubuque for the Section 8 Rental Assistance program drawn onRESOLUTION NO. 228-94 account number 70-262-5 at American Trust andWhereas, applications for Beer Permits have Savings Bank in Dubuque.been submitted and filed to this Council for Section 2, The Rehabilitation Supervisor Joleenapproval and the same have been examined and Patterson is hereby authorized to sign checks andapproved; and drafts on behalf of the City of Dubuque for checksWhereas, the premises to be occupied by such issued for the City of Dubuque Housingapplicants were inspected and found to comply Rehabilitation Loan program drawn on accountwith the Ordinances of this City and have filed number 80-965-9 at American Trust and Savingsproper bonds. Bank in Dubuque.NOW, THEREFORE, BE IT RESOLVED BY Section 3, That the foregoing City employeesTHE CITY COUNCIL OF THE CITY OF are also hereby authorized to sign the authorizationDUBUQUE, IOWA: cards from the commercial banks.That the Manager be authorized to cause to be Passed, approved and adopted this 5th day ofissued the following named applicants a Beer July, 1994.Permit. Terrance M. Duggan, MayorCLASS "B" SPECIAL EVENT Attest:(Five-day Permit) Mary A. Davis, City ClerkDubuque JayceesAll That Jazz Council Member Voetberg moved adoption ofOutdoor ServiceTown Clock Plaza the Resolution. Seconded by Council MemberCLASS "BE" BEER PERMIT Nagle. Carried by the following vote:Jean Ann AlthausFamily Beverage Cent. Yeas—Mayor Duggan, Council Members400 Central Kluesner, Krieg, Nagle, Nicholson, Voetberg.CLASS "C" BEER PERMIT Nays—None. Kristin L. ChapmanOky Doky # 14 1050 University Communication of City Manager submitting aPassed, approved and adopted this 5th day of response regarding schedule for proposedJuly, 1994. reconstruction of Ramona Street and PamelaTerrance M. Duggan, Mayor Court, presented and read. Council MemberAttest: Kluesner moved that the communication beMary A. Davis, City Clerk received and filed. Seconded by Council MemberCouncil Member Kluesner moved adoption of Voetberg. Carried by the following vote:the Resolution. Seconded by Council Member Yeas—Mayor Duggan, Council MembersNagle. Carried by the following vote: Kluesner, Krieg, Nagle, Nicholson, Robbins,Yeas—Mayor Duggan, Council Members Voetberg. Nays—None.Kluesner, Nagle, Nicholson, Voetberg. Nays—None, Absent—Council Member Krieg. RESOLUTION NO. 227-94 NOW, THEREFORE, BE IT RESOLVED BYRESOLUTION NO. 229-94 THE CITY COUNCIL OF THE CITY OFWhereas, applications for Liquor Licenses have DUBUQUE, IOWA:been submitted to this Council for approval and the That the following having complied with thesame have been examined and approved; and provisions of law relating to the sale of CigarettesWhereas, the premises to be occupied by such within the City of Dubuque, Iowa, be granted aapplicants were inspected and found to comply permit to sell Cigarettes and Cigarette Paperswith the State Law and all City Ordinances within said City.relevant thereto and they have filed proper bonds. Admiral's High-Hat WestDon MeyerNOW, THEREFORE, BE IT RESOLVED BY 253 MainTHE CITY COUNCIL OF THE CITY OF Busy Bee CafeGeorge K. ArvanitisDUBUQUE, IOWA: 1958 CentralThat the Manager be authorized to cause to be Dodge House Motelissued the following named applicants Dodge House Motel Corp.701 Dodge a Liquor License. Lounge, ThePhillip R. Love Regular Session, July 5, 1994220 CLASS "C" (COMMERCIAL) BEER ANDSection 1, That the City of Dubuque, Iowa, LIQUOR LICENSEintends to dispose of its interest in the following John HallBridge Restaurant & Loungelegally-described property: 31-35 LocustWest Eighteen feet (W18') of Lot Nine (9) in Mike V. DemmerCordial ClubKelly's Subdivision of Out Lots; and the 1445 CentralEasterly Twenty-Nine feet and One inch Creslanes Bowling, Inc.Creslanes Bowling(E29'1") of Lot Nine (9) in "Plat of Town Lots 255 S. Mainthe property of Francis Kelly," (commonly Plastic Center, Inc.Fisher Bowling Lanesknown as Kelly's Subdivision) all in the City of 880 LocustDubuque, County of Dubuque, Iowa, Sheryl Ann ShiremanKing of Clubsaccording to the recorded plat thereof. 1902 CentralSection 2, That the City of Dubuque, Iowa, Curtis L. GerhardKnickers Saloonproposes to dispose of its interest in the above 2186 Centraldescribed real estate to Charles V. and Linda S. Craig J. WeinerWalnut TapSangston for the sum of One Thousand Seven 709 UniversityHundred-Fifty Dollars ($1,750). American LegionAmerican Legion Post #6Section 3, That the City Council meet in the Outdoor Serv. & Transfer1306 DelhiCarnegie Stout Public Library Auditorium, 11th Dubuque LodgingDays Innand Bluff Streets, Dubuque, Iowa, at 7:30 p.m. on Outdoor Service only1111 Dodgethe 18th of July 1994, for the purpose of holding a Passed, approved and adopted this 5th day ofpublic hearing and taking final action on the July, 1994.disposition of the above described real estate in the Terrance M. Duggan, MayorCity of Dubuque, Iowa. Attest:Section 4, That the City Clerk be and she is Mary A. Davis, City Clerkhereby authorized and directed to cause a notice of Council Member Kluesner moved adoption ofsuch public hearing and the City Council's intent to the Resolution. Seconded by Council Memberdispose of such property to be published as Nagle. Carried by the following vote:prescribed under Iowa Code Section 364.7. Yeas—Mayor Duggan, Council MembersPassed, approved and adopted this 5th day of Kluesner, Nagle, Nicholson, Voetberg.July, 1994. Nays—None, Absent—Council Member Krieg.Terrance M. Duggan, Mayor Attest: Communication of City ManagerMary A. Davis, City Clerk recommending to sell a DREAMS Home at 692-Council Member Voetberg moved adoption of 696 University Ave., presented and read. Councilthe Resolution. Seconded by Council Member Member Voetberg moved that the communicationNagle. Carried by the following vote: be received and filed. Seconded by CouncilYeas—Mayor Duggan, Council Members Member Nagle. Carried by the following vote:Kluesner, Krieg, Nagle, Nicholson, Robbins, Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None. Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.MINUTES SUBMITTED — Cable Community Teleprogramming Commission of 6-7; RESOLUTION NO, 230-94Cable TV Regulatory Commission of 6-8; RESOLUTION OF INTENTION TOEnvironmental Stewardship Commission of 6-14; Five Flags Commission of 6-20; Historic DISPOSE OF CITY-OWNED PROPERTY, Preservation Commission of 6-8 & 6-22; Housing SPECIFICALLY, WEST EIGHTEEN FEET (W18') OF LOT NINE (9) IN KELLY'SCommission of 6-14; Housing Commission Trust SUBDIVISION OF OUT LOTS; AND THEFund Committee of 6-2; Long Range Planning Commission of 6-15; Park & Recreation EASTERLY TWENTY-NINE FEET AND ONE INCH (E29'1") OF LOT NINE (9) INCommission of 6-14; Zoning Board of Adjustment "PLAT OF TOWN LOTS THE PROPERTYof 5-26, presented and read. Council Member OF FRANCIS KELLY," (COMMONLYVoetberg moved that the minutes be received and filed. Seconded by Council Member Nagle. KNOWN AS KELLY'S SUBDIVISION) ALL IN THE CITY OF DUBUQUE, COUNTY OFCarried by the following vote: Yeas—Mayor DUBUQUE, IOWA, ACCORDING TO THEDuggan, Council Members Kluesner, Krieg, RECORDED PLAT THEREOF;Nagle, Nicholson, Robbins, Voetberg. Nays—None. OTHERWISE KNOWN AS 696 AND 692 UNIVERSITY AVENUE Whereas, the City of Dubuque has purchasedNOTICES OF CLAIMS/SUITS — Jeffrey R. certain real property for a family participating inBirch in amount of $1269.83 for motorcycle the DREAMS Program; damages; Conrad Auto Sales in amount of Whereas, the City has received an offer to$546.78 for vehicle damages; Debra Finn in purchase this property from a qualifying family;unknown amount for personal injuries; Aldrich andKremenak in unknown amount for medical Whereas, by accepting the selected offer theexpenses and pain suffering; Denise J. Parsons in City's objectives of providing first-timeamount of $30.00 for vehicle damages; Laura homeownership to a moderate-income buyer andTurnmeyer in unknown amount for vehicle rehabilitation of an abandoned home can bedamages; Laurie Jean Weidenbach, by Attorney realized;Joseph Bitter, in amount of $10,000.00 forvarious NOW, THEREFORE, BE IT RESOLVED BYcounts; Steven Weydert in amount of $147.18 for THE CITY COUNCIL OF THE CITY OFvehicle damages, presented and read. Council DUBUQUE, IOWA:Member Voetberg moved that the claims be referred to the Legal Staff for investigation and 221Regular Session, July 5, 1994 report. Seconded by Council Member Nagle.presented and read. Council Member Voetberg Carried by the following vote: Yeas—Mayormoved that the communication be received and Duggan, Council Members Kluesner, Krieg,filed and request approved with City Manager to Nagle, Nicholson, Robbins, Voetberg.implement. Seconded by Council Member Nagle. Nays—None.Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Communications of Corporation CounselNagle, Nicholson, Robbins, Voetberg. advising the following claims have been referred toNays—None. Crawford & Company, the agent for the Iowa Communities Assurance Pool: Card damage ofCommunication of Long Range Planning Ford Motor Credit Company; Personal injury ofCommission submitting their process for Phase II Amy Koster; Property damage of Dorothy Meyerof the Comprehensive Plan, presented and read. Estate; Car damage of Greg Parker; PersonalCouncil Member Voetberg moved that the injury of Marion Schueller, presented and read.communication be received and filed. Seconded by Council Member Voetberg moved that theCouncil Member Nagle. Carried by the following communications be received and filed. Secondedvote: Yeas—Mayor Duggan, Council Members by Council Member Nagle. Carried by theKluesner, Krieg, Nagle, Nicholson, Robbins, following vote: Yeas—Mayor Duggan, CouncilVoetberg. Nays—None. Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None, Communication of City Manager requesting Mayor be authorized to execute a contract with the Communication of Corporation CounselIowa Department of Economic Development for advising the tire damage claim of Paul Kritz hasthe HOME Program, presented and read. Council been administratively closed, presented and read.Member Voetberg moved that the communication Council Member Voetberg moved that thebe received and filed and approved. Seconded by communication be received and filed. Seconded byCouncil Member Nagle. Carried by the following Council Member Nagle. Carried by the followingvote: Yeas—Mayor Duggan, Council Members vote: Yeas—Mayor Duggan, Council MembersKluesner, Krieg, Nagle, Nicholson, Robbins, Kluesner, Krieg, Nagle, Nicholson, Robbins,Voetberg. Nays—None. Voetberg. Nays—None. Communication of City Manager Communications of Corporation Counselrecommending approval of Funding Agreement recommending denial of the following claims: Tirebetween the City and Project Concern/Phone-a- damage of Jim Brown; Tire damage of AlfredFriend Inc. for Fiscal Year 1995, presented and Engling; Illegal Towing of car of Charles Hoskins,read. Council Member Voetberg moved that the presented and read. Council Member Voetbergcommunication be received and filed. Seconded by moved that the communications be received andCouncil Member Nagle. Carried by the following filed. Seconded by Council Member Nagle.vote: Yeas—Mayor Duggan, Council Members Carried by the following vote: Yeas—MayorKluesner, Krieg, Nagle, Nicholson, Robbins, Duggan, Council Members Kluesner, Krieg,Voetberg. Nays—None. Nagle, Nicholson, Robbins, Voetberg. Nays—None. RESOLUTION NO. 231-94 RESOLUTION APPROVING A PURCHASE Communications of Corporation CounselOF SERVICES AGREEMENT BETWEEN recommending settlement of following claims: Car THE CITY OF DUBUQUE AND PROJECT damage of Michael Keating in the amount of CONCERN/PHONE-A-FRIEND, INC. AND $436.06; Sewer Backup Claim of DonovanAUTHORIZING AND DIRECTING THE Kelleher in the amount of $80.00; Car damage ofCITY MANAGER TO EXECUTE SAID State Farm Insurance in amount of $331.68, AGREEMENT ON BEHALF OF THE CITY presented and read. Council Member VoetbergOF DUBUQUE, IOWA moved that the communication be received andWhereas, the City of Dubuque has negotiated filed and approved settlement with Financewith Project Concern/Phone-A-Friend, Inc., to Director to issue checks. Seconded by Councilcontinue to provide information and referral Member Nagle. Carried by the following vote:services that will aid the City of Dubuque in Yeas—Mayor Duggan, Council Membersmeeting some of the social, medical and economic Kluesner, Krieg, Nagle, Nicholson, Robbins,needs of low and moderate income persons; and Voetberg. Nays—None.Whereas, the terms and conditions under which Project Concern/Phone-A-Friend, Inc. will provide Communication of Steven W. and Dianne K.the above-described services are set forth in a Pins requesting to purchase a piece of propertyPurchase of Services Agreement, a copy of which from the city located between Indiana Street andis hereto attached and by this reference made a part Ridgeway Avenue, presented and read. Councilhereof. Member Voetberg moved that the communicationNOW, THEREFORE, BE IT RESOLVED BY be referred to the City Manager and Staff.THE CITY COUNCIL OF THE CITY OF Seconded by Council Member Nagle. Carried byDUBUQUE, IOWA: the following vote: Yeas—Mayor Duggan,Section 1. That the attached Purchase of Council Members Kluesner, Krieg, Nagle,Services Agreement by and between the City of Nicholson, Robbins, Voetberg. Nays—None.Dubuque, Iowa and Project Concern/Phone-A- Friend, Inc. be and the same is hereby approved. Communication of Jennifer Glunz, MarketingSection 2, That the City Manager be and he is Director for Midwest Thunder Boat Association,hereby authorized and directed to execute said requesting permission to have a fireworks displayAgreement for and on behalf of the City of at the conclusion of Thunderfest on August 7th,Dubuque, Iowa. Regular Session, July 5, 1994222 Passed, approved and adopted this 5th day ofAt 8:35 p.m. Council Member Voetberg moved July, 1994.to go into Closed Session In accordance with Terrance M. Duggan, MayorChapter 20.17 relating to Collective Bargaining. Attest:Seconded by Council Member Nicholson. Carried Mary A. Davis, City Clerkby the following vote: Yeas—Mayor Duggan, Council Member Voetberg moved to adopt theCouncil Members Kluesner, Krieg, Nagle, Resolution. Seconded by Council Member Nagle.Nicholson, Robbins, Voetberg. Nays—None. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Communication of City Manager recommending approval of Funding Agreement between the City of Dubuque and Washington Tool Library for FY'95. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Council reconvened Regular Session, and there RESOLUTION NO. 232-94being no further business, Council Member Whereas, the City of Dubuque, Iowa hasVoetberg moved to adjourn. Seconded by Council negotiated with the Washington NeighborhoodMember Nagle. Carried by the following vote: Tool Library, Inc. to provide previously suppliedYeas—Mayor Duggan, Council Members services for the expressed purpose of aiding theKluesner, Krieg, Nagle, Nicholson, Robbins, City of Dubuque; andVoetberg. Nays—None. Meeting adjourned at Whereas, the terms and conditions under which9:40 p.m. the Washington Neighborhood Tool Library, Inc. will be funded for providing the services are set forth in a Funding Agreement, a copy of whichMary A. Davis CMC Agreement is attached hereto and by this referenceCity Clerk made a part thereof; and Whereas, the activities as delineated in the Funding Agreement comply with the primary Approved ______________________, 1995. objectives of the Housing and Community Development Act of 1974, as amended, and comply with one or more of the "National Adopted _______________________, 1995. Objectives." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ____________________________________ DUBUQUE, IOWA: Mayor Section 1. That the attached Funding Agreement by and between the City of Dubuque, Iowa, and the Washington Neighborhood Tool ____________________________________ Library, Inc., be and the same is hereby approved. Section 2, That the City Manager be and he is ____________________________________ hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque, Iowa. ____________________________________ Passed, approved and adopted this 5th day of July, 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: ____________________________________ Yeas—Mayor Duggan, Council Members Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays—None. Attest: Communication of Jerome A. Greer submitting ____________________________________ his resignation from the Human Rights Commission effective immediately, presented andCity Clerk read. Council Member Voetberg moved that the communication be received and filed and accepted with regret. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. 225Board of Health July 18, 1994 Whereas, the Iowa Department of Public CITY OF DUBUQUE Health has offered to provide financial support for community-based health promotion programs; and BOARD OF HEALTH Whereas, the City of Dubuque will submit the grant application to the Iowa Department of Public Health on behalf of the County Health Planning QUARTERLY Committee; and MEETING Whereas, the City of Dubuque Board of Health supports the efforts of the County Health Planning Committee working with the Greater Dubuque July 18, 1994 Board of Health, Regular Health and Wellness Challenge project to address Quarterly Meeting. cancer morbidity and mortality in Dubuque Board met at 7:25 P.M. Public Library County. Auditorium. NOW, THEREFORE, BE IT RESOLVED BY Present—Chairperson Duggan, Board THE BOARD OF HEALTH OF THE CITY OF Members Kluesner, Nagle, Nicholson, Robbins, DUBUQUE, IOWA: Voetberg. Absent—Board Member Krieg. Section 1. That the City of Dubuque, Iowa hereby approves submitting the Community Health Chairperson Duggan called the meeting to Promotion Grant Application to the Iowa order stating this is the Regular Quarterly meeting Department of Public Health. of the Board of Health call for the purpose to act Section 2. That the City of Dubuque Board of upon such business which may properly come Health Chairperson is authorized and directed to before the Board. execute the letter of support for the program on behalf of the City of Dubuque, Iowa. Communication of City Manager recommending to submit a grant application to Passed, approved and adopted this 18th day of Iowa Department of Public Health, presented and July, 1994. read. Board Member Nagle moved that the Terrance M. Duggan, Chairperson communication be received and filed. Seconded Attest: by Board Member Nicholson. Carried by the Mary A. Davis, City Clerk following vote: Yeas—Chairperson Duggan, Board Member Nagle moved adoption of the Board Members Kluesner, Nagle, Nicholson, Board of Health Resolution. Seconded by Board Robbins, Voetberg. Nays—None. Member Nicholson. Carried by the following vote: Absent—Board Member Krieg. Yeas—Chairperson Duggan, Board Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. BOARD OF HEALTH Nays—None. Absent—Board Member Krieg. RESOLUTION NO. 3-94 A RESOLUTION SUBMITTING THE COMMUNITY-BASED HEALTH PROMOTION GRANT APPLICATION TO THE IOWA DEPARTMENT OF PUBLIC HEALTH AND AUTHORIZING THE CITY BOARD OF HEALTH CHAIRPERSON TO SIGN A LETTER OF SUPPORT FOR THE GRANT APPLICATION TARGETING CANCER MORBIDITY AND MORTALITY. Whereas, the City of Dubuque is a member of the County Health Planning Committee through its Health Service Division; and There being no further business, Board Member Robbins moved to adjourn. Seconded by Board Member Nicholson. Carried by the following vote: Yeas—Chairperson Duggan, Board Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Board Member Krieg. Meeting adjourned at 7:27 p.m. Mary A. Davis CMC Secretary, Board of Health Approved ______________________, 1995. Regular Session, July 18, 1994226 Adopted _______________________, 1995. ____________________________________ Chairperson ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Board Members Attest: ____________________________________ Secretary, Board of Health DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Meeting July 18, 1994 Council met at 7:30 p.m. Public Library Auditorium Present—Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Absent at roll call—Council Member Krieg. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Bishop Fred Minnis, of the Church of Jesus Christ of Latter Day Saints. PROCLAMATION — Week of July 26 to 31st as "Dubuque County Fair Week" was received by 4-H King Tony Steffen and 4-H Queen Angie Rahe. The introduction of Nancy Guider, Assistant City Manager and Airport Manager Ken Kraemer was made by City Manager Michael Van Milligen. Council Member Nagle moved to suspend the rules to allow anyone present to address the Council. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Nagle, 227Regular Session, July 18, 1994 Nicholson, Robbins, Voetberg. Nays—None.That the proposed Resolution of Necessity Absent—Council Member Krieg.described above is hereby: Adopted, without amendment, and all Council Member Krieg entered the Chambersobjections filed or made having been dully at 7:50 P.M.considered are overruled. Passed, adopted and approved this 18th day of Proof of Publication certified to by theJuly, 1994. Publisher on Notice of Hearing on Plans andTerrance M. Duggan, Mayor Specification for Construction of Sheridan RoadAttest: Sanitary Sewer Extension; Proof of PublicationMary A. Davis, City Clerk certified to by the Publisher on Notice to PropertyCouncil Member Kluesner moved adoption of Owners on proposed Resolution of Necessity forthe Resolution. Seconded by Council Member Project; Certificate of City Clerk stating noticesNicholson. Carried by the following vote: were sent to known property owners on June 30,Yeas—Mayor Duggan, Council Members 1994, presented and read. Council MemberKluesner, Krieg, Nagle, Nicholson, Robbins, Kluesner moved that the proofs and certificate beVoetberg. Nays—None. received and filed. Seconded by Council Member Nicholson. Carried by the following vote:RESOLUTION NO. 235-94 Yeas—Mayor Duggan, Council Members ORDERING BIDS Kluesner, Krieg, Nagle, Nicholson, Robbins,NOW THEREFORE, BE IT RESOLVED BY Voetberg. Nays—None. THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Sheridan Road Sanitary Sewer RESOLUTION NO. 233-94 RESOLUTION ADOPTING PLANS ANDExtension is hereby ordered to be advertised for SPECIFICATIONSbids for construction. Whereas, on the 15th day of June, 1994, plans,BE IT FURTHER RESOLVED, that the specifications, form of contract and estimated costamount of the security to accompany each bid shall were filed with the City Clerk of Dubuque, Iowabe in an amount which shall conform to the for the Sheridan Road Sanitary Sewer Extension.provisions of the notice to bidders hereby approved Whereas, notice of hearing on plans,as a part of the plans and specifications heretofore specifications, form of contract, and estimated costadopted. was published as required by law.That the City Clerk is hereby directed to NOW THEREFORE, BE IT RESOLVED BYadvertise for bids for the construction of the THE CITY COUNCIL OF THE CITY OFimprovements herein provided, to be published in DUBUQUE, IOWA:a newspaper having general circulation in the City That the said plans, specifications, form ofof Dubuque, Iowa, which notice shall not be less contract and estimated cost are hereby approved asthan four days nor more than twenty days prior to the plans, specifications, form of contract andthe receipt of said bids at 2:00 p.m. on the 26th estimated cost for said improvements for saidday of July, 1994. Bids shall be opened and read project.by the City Clerk at said time and will be Passed, adopted and approved this 18th day ofsubmitted to the Council for final action at 7:30 July, 1994.p.m. on the 1st day of August, 1994. Terrance M. Duggan, MayorPassed, adopted and approved this 18th day of Attest:July, 1994. Mary A. Davis, City ClerkTerrance M. Duggan, Mayor Council Member Kluesner moved adoption ofAttest: the Resolution. Seconded by Council MemberMary A. Davis, City Clerk Nicholson. Carried by the following vote:Council Member Kluesner moved adoption of Yeas—Mayor Duggan, Council Membersthe Resolution. Seconded by Council Member Kluesner, Krieg, Nagle, Nicholson, Robbins,Nicholson. Carried by the following vote: Voetberg. Nays—None.Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. RESOLUTION NO. 234-94 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OFProof of Publication certified to by the NECESSITY PROPOSED FOR THEPublisher on Notice of intent to sell property located at 692-696 University Ave; SHERIDAN ROAD SANITARY SEWER EXTENSIONCommunication of City Manager recommending Whereas, the City Council has proposed ato approve sale of property, presented and read. Resolution of Necessity for the Sheridan RoadCouncil Member Voetberg moved that the proof of Sanitary Sewer Extension, has given notice of thepublication and communication be were received public hearing thereon as required by law; andand filed. Seconded by Council Member Nagle. Whereas, the public hearing has been held, allCarried by the following vote: Yeas—Mayor persons offering objections have been heard andDuggan, Council Members Kluesner, Krieg, consideration given to all objections and is pendingNagle, Nicholson, Robbins, Voetberg. before this Council; andNays—None. Whereas, this is the time and place set as provided for the taking of action on the proposed RESOLUTION NO. 236-94 Resolution of Necessity.RESOLUTION APPROVING THE NOW THEREFORE, BE IT RESOLVED BYDISPOSAL OF CITY-OWNED PROPERTY, THE CITY COUNCIL OF THE CITY OF SPECIFICALLY, WEST EIGHTEEN FEET DUBUQUE, IOWA: (W18') OF LOT NINE (9) IN KELLY'S SUBDIVISION OF OUT LOTS; AND THE Regular Session, July 18, 1994228 by the following vote: Yeas—Mayor Duggan, EASTERLY TWENTY-NINE FEET AND ONE INCH (E29'1") OF LOT NINE (9) INCouncil Members Kluesner, Krieg, Nagle, "PLAT OF TOWN LOTS THE PROPERTYNicholson, Robbins, Voetberg. Nays—None. OF FRANCIS KELLY, " (COMMONLY Communication of Karen O'Rourke, requesting KNOWN AS KELLY'S SUBDIVISION) ALL IN THE CITY OF DUBUQUE, COUNTY OFdiscussion on (1) Allocation regarding Housing DUBUQUE, IOWA, ACCORDING TO THETrust Fund/Procedure/Conflict of Interest issues; (2) Requesting to reconsider Rental Exception RECORDED PLAT THEREOF, ALSO (Loss of $450, 000 HUD monies); and (3) Request KNOWN AS 692-696 UNIVERSITY AVENUE, TO CHARLES AND LINDAfor additional funds for Housing Crisis, presented SANGSTON.and read. Mayor Duggan advised that Ms. Whereas, pursuant to a notice, duly publishedO'Rourke will not be attendance at this meeting to in the Telegraph Herald newspaper, the Cityexpress her concerns. Council of Dubuque, Iowa, met on the 18th day of July, 1994, at 7:30 p.m. in the Carnegie StoutCommunication of City Manager submitting Public Library Auditorium, 11th and Bluff Street,recommendation from Housing Commission Trust Dubuque, Iowa, to consider the proposal to disposeFund Committee for an affordable Housing of City-owned real estate located at 692-696Project, presented and read. Council Member University Avenue which property is legallyVoetberg moved that the communication be described as follows:received and filed and recommendation approved. West Eighteen feet (W18") of Lot Nine (9) inSeconded by Council Member Nagle. Carried by Kelly's Subdivision of Out Lots; and thethe following vote: Yeas—Mayor Duggan, Easterly Twenty-Nine feet and One inchCouncil Members Kluesner, Krieg, Nagle, (E29'1") of Lot Nine (9) in "Plat of Town LotsNicholson, Robbins, Voetberg. Nays—None. the Property of Francis Kelly, " (Commonly known as Kelly's Subdivision) all in the City ofCommunication of Robert L. and Jeannette H. Dubuque, County of Dubuque, Iowa,Schreiber requesting reconsideration of Ordinance according to the recorded plat thereof.No. 35-94 regarding rezoning of property located Whereas, such property is proposed to be soldat 30 Devon Drive and the area owned by IDOT, to Charles V. & Linda S. Sangston in considerationpresented and read. Council Member Kluesner for One Thousand Seven Hundred Fifty Dollarsmoved that the communication be received and ($1, 750.00) as the fifth DREAMS Programfiled. Seconded by Council Member Nicholson. property to be sold; andCarried by the following vote: Yeas—Mayor Whereas, the City Council of the City ofDuggan, Council Members Kluesner, Krieg, Dubuque, Iowa, has overruled any and allNagle, Nicholson, Robbins, Voetberg. objections, oral and written, to the proposal toNays—None. dispose of the interest of the City of Dubuque, Iowa, in the herein and above-named real estate toCommunication of City Manager the above-named grantees.recommending to pursue a HUD grant in NOW, THEREFORE, BE IT RESOLVED BYpartnership with Operation: New View and direct THE CITY COUNCIL OF THE CITY OFthe Housing Commission to conduct a public DUBUQUE, IOWA:hearing on application, presented and read. Section 1. That the disposal of the interest ofCouncil Member Voetberg moved that the the City of Dubuque in the above-describedcommunication be received and filed. Seconded property to Charles V. and Linda S. Sangston isby Council Member Nicholson. Carried by the hereby approved.following vote: Yeas—Council Members Section 2. That the Mayor be and he is herebyKluesner, Krieg, Nicholson, Robbins, Voetberg. authorized and directed to execute a Quit ClaimNays—Mayor Duggan, Council Member Nagle. Deed, and that the City Clerk be and she is hereby directed and authorized to deliver such Deed,RESOLUTION NO. 237-94 conveying the above described real estate to theA RESOLUTION AUTHORIZING THE above-named grantee.MAYOR TO EXECUTE AN APPLICATION Passed, approved and adopted this 18th day of TO PARTICIPATE IN THE SUPPORTIVE July, 1994.HOUSING PROGRAM Terrance M. Duggan, MayorWhereas, a high priority identified in the City's Attest:current housing market analysis is transitional Mary A. Davis, City Clerkhousing for homeless and disabled persons; and Council Member Voetberg moved adoption ofWhereas, the U.S. Department of Housing and the Resolution. Seconded by Council MemberUrban Development has made funding available to Nagle. Carried by the following vote:encourage municipalities to implement innovative Yeas—Mayor Duggan, Council Membersprograms promoting the economic independence of Kluesner, Krieg, Nagle, Nicholson, Robbins,homeless persons and families, through Voetberg. Nays—None.cooperating efforts of the public and private sectors; and BOARDS AND COMMISSIONSWhereas, and in accordance with Section CABLE COMMUNITY403A.5 of the Iowa Code which states TELEPROGRAMMING"A municipality or a 'Municipal Housing Agency' may not proceed with a housing COMMISSION One three-year term which will expire 6-30-97.project until a study or a report and Applicant: Jennifer L. Tigges. Council Memberrecommendation on housing available within Kluesner moved that Jennifer L. Tigges bethe community is made public by the appointed to a term which will expire 6-30-97.municipality or agency and is included in its Seconded by Council Member Voetberg. Carriedrecommendation for a housing project. 229Regular Session, July 18, 1994 Recommendations must receive majority RESOLUTION NO. 238-94 approval from the local governing body beforeRESOLUTION OF INTENT TO ACQUIRE proceeding on the housing project."REAL ESTATE AT 508 LORAS AND IN ACCORDANCE WITH SectionBOULEVARD, IN THE CITY OF 213(c) of the Housing and Community DUBUQUE. Development Act of 1974, which states in partWhereas, the City of Dubuque is committed to that it must be determined whether or not thereenforcement of housing quality standards and to is a need for such housing assistance, takingthe provision of assistance toward the addition of into consideration any applicable State orhousing units to the City's inventory; and areawide housing assistance plan as well asWhereas, acquisition of suitable properties, in generally available data with respect tospecific instances, is an appropriate means of population, poverty, housing over-crowding,achieving these goals. housing vacancies and substandard housing.NOW, THEREFORE, BE IT RESOLVED BY An application may be approved only if thisTHE CITY COUNCIL OF THE CITY OF determination is in the affirmative; andDUBUQUE, IOWA: Whereas, this application is consistent with theSection 1. That the City of Dubuque hereby 1994 Comprehensive Housing Affordabilitygives notice of its intent to acquire the following Strategy for the City of Dubuque.legally described property from the sellers, Gary J. NOW THEREFORE, BE IT RESOLVED BYHanson and June Hanson, husband and wife: THE CITY COUNCIL OF DUBUQUE, IOWA:Lot One (1) of Lot One (1) of Lot One (1) of Section 1. The City of Dubuque hasLot 810 in McDaniel's Subdivision of Town determined there is a need for additional homelessLots; and Lot Eight (8) of A.L. Brown's housing assistance and is knowledgeable of theSubdivision, all in the City of Dubuque, status of available housing within the City asCounty of Dubuque, Iowa, according to the required by Iowa Code and that majority approvalrecorded plat thereof. of the proposed housing activity within the City'sat the cost of Fourteen Thousand Dollars ($14, jurisdiction is hereby granted.000), subject to review and approval of a deed Section 2.This resolution is intended toconveying such property. serve as the City of Dubuque's final notice to theSection 2. That the City Manager is hereby U.S. Department of Housing and Urbanauthorized and directed to purchase said property, Development of such approval and that nosubject to the terms and conditions of the attached additional comment will be made by the City ofoffer. Dubuque on this matter.Passed, approved and adopted this 18th day of Section 3.The Mayor is authorized andJuly, 1994. directed to execute an application to the U.S.Terrance M. Duggan, Mayor Department of Housing and Urban DevelopmentAttest: for participation in the Supportive HousingMary A. Davis, City Clerk Program.Council Member Voetberg moved adoption of Section 4.The City of Dubuque Housingthe Resolution. Seconded by Council Member Commission is hereby directed to conduct theNagle. Carried by the following vote: necessary public hearing regarding this applicationYeas—Mayor Duggan, Council Members as soon as possible in accordance withKluesner, Krieg, Nagle, Nicholson, Voetberg. requirements of Chapter 403.A.28 of the Code ofNays—None. Iowa, and to review and/or approve or suggest modifications of the plans for program design andCommunication of City Manager submitting administration of this proposed program.established procedures for disposition of the City- Section 5.The City Manager is herebyowned property at the northwest corner of 16th & authorized and directed to forward said applicationKerper Blvd., and Resolution (1) Approving the and resulting standard executed contract to theminimum requirements, competitive criteria, respective agencies in a timely fashion and asoffering documents and procedures for disposition required by the U.S. Department of Housing andof City property located at Sixteenth Street and Urban Development.Kerper Boulevard and (2) Soliciting proposals, Passed, approved and adopted this 18th day ofpresented and read. Council Member Robbins July, 1994.moved to receive and file the communication and Terrance M. Duggan, Mayoradopt the Resolution. Seconded by Council Attest:Member Krieg. Vote was as follows: Yeas- Mary A. Davis, City ClerkCouncil Member Krieg. Nays-Mayor Duggan, Council Member Voetberg moved adoption ofCouncil Members Kluesner, Nagle, Nicholson, the Resolution. Seconded by Council MemberRobbins, Voetberg. MOTION FAILED. Council Nicholson. Carried by the following vote: Yeas-Member Nagle then moved to refer the matter back Council Members Kluesner, Krieg, Nicholson,to Staff to review price proposal received and Robbins, Voetberg. Nays-Mayor Duggan, Councilreturn to Council for final decision. Seconded by Member Nagle.Council Member Kluesner. Carried by the following vote: Yeas-Mayor Duggan, Council Communication of City Manager advising ofMembers Kluesner, Krieg, Nagle, Nicholson, intent to purchase property located at 508 LorasRobbins. Nays-Council Member Voetberg. Blvd., presented and read. Council Member Voetberg moved that the communication beCommunication of Corporation Counsel received and filed. Seconded by Council Membersubmitting an Ordinance providing for the repeal Nagle. Carried by the following vote:on receipt of things of value, presented and read. Yeas—Mayor Duggan, Council MembersCouncil Member Kluesner moved that the Kluesner, Krieg, Nagle, Nicholson, Robbins,communication be received and filed. Seconded Voetberg. Nays—None.by Council Member Nicholson. Carried by the Regular Session, July 18, 1994230 following vote: Yeas—Mayor Duggan, Councilfollowing new Section 32-262(h) thereof as Members Kluesner, Krieg, Nagle, Nicholson,follows: Robbins, Voetberg. Nays—None. (h)No parking 6:00 a.m. to 6:00 p.m., An Ordinance Repealing Article 7, Receipt ofMonday through Friday. Things of Value, of Chapter 2 of the City ofWhen signs are erected given notice thereof, no Dubuque Code of Ordinances, including Sectionsperson shall park a vehicle between the hours 2-210 through 2-216, presented and read. of 6:00 a.m. to 6:00 p.m., Monday through Friday upon the following streets: Fifteenth Street, West, south side, from Main (OFFICIAL PUBLICATION) ORDINANCE NO. 39-94Street to the alley west of Iowa Street. AN ORDINANCE REPEALING ARTICLE 7,Passed, approved and adopted this 18th day of July, 1994. RECEIPT OF THINGS OF VALUE, OF CHAPTER 2 OF THE CITY OF DUBUQUETerrance M. Duggan, Mayor CODE OF ORDINANCES, INCLUDINGAttest: SECTIONS 2-210 THROUGH 2-216. Mary A. Davis, City Clerk NOW, THEREFORE, BE IT ORDAINED BY Published officially in the Telegraph Herald THE CITY COUNCIL OF THE CITY OFnewspaper this 3rd day of September, 1994. DUBUQUE, IOWA:1t 9/3Mary A. Davis, City Clerk Section 1. Article 7 of Chapter 2 of the City ofCouncil Member Kluesner moved that the Dubuque Code of Ordinances, including Sections requirement that a proposed Ordinance be 2-210 through 2-216, is hereby repealed.considered and voted on for passage at two Passed, approved and adopted this 18th day ofCouncil Meetings prior to the meeting at which it July, 1994.is to be finally passed be suspended. Seconded by Terrance M. Duggan, MayorCouncil Member Voetberg. Carried by the Attest:following vote: Yeas—Mayor Duggan, Council Mary A. Davis, City ClerkMembers Kluesner, Krieg, Nagle, Nicholson, Published officially in the Telegraph HeraldRobbins, Voetberg. Nays—None. Council newspaper this 25th day of July, 1994.Member Kluesner moved final consideration and 1t 7/25Mary A. Davis, City Clerkpassage of the Ordinance. Seconded by Council Council Member Kluesner moved that theMember Nagle. Carried by the following vote: requirement that a proposed Ordinance beYeas—Mayor Duggan, Council Members considered and voted on for passage at twoKluesner, Krieg, Nagle, Nicholson, Robbins, Council Meetings prior to the meeting at which itVoetberg. Nays—None. is to be finally passed be suspended. Seconded by Council Member Nicholson. Carried by theCommunication of Chairperson of Zoning following vote: Yeas—Mayor Duggan, CouncilCommission requesting a work session with the Members Kluesner, Krieg, Nagle, Nicholson,City Council to review the conditional rezoning Robbins, Voetberg. Nays—None. Councilprocess, presented and read. Council Member Member Kluesner moved final consideration andKluesner moved that the communication be passage of the Ordinance. Seconded by Councilreceived and filed and referred to Staff to find a Member Nagle. Carried by the following vote:date for work session. Seconded by Council Yeas—Mayor Duggan, Council MembersMember Nagle. Carried by the following vote: Kluesner, Krieg, Nagle, Nicholson, Robbins,Yeas—Mayor Duggan, Council Members Voetberg. Nays—None.Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Communication of City Manager submitting an Ordinance regarding parking restrictions on W.Communication of City Manager 15th Street, presented and read. Council Memberrecommending approval of final plats (2) for Kluesner moved that the communication beFremont Heights Subd., presented and read. received and filed. Seconded by Council MemberCouncil Member Kluesner moved that the Voetberg. Carried by the following vote:communication be received and filed. Seconded Yeas—Mayor Duggan, Council Membersby Council Member Nagle. Carried by the Kluesner, Krieg, Nagle, Nicholson, Robbins,following vote: Yeas—Mayor Duggan, Council Voetberg. Nays—None.Members Kluesner, Krieg, Nagle, Nicholson, An Ordinance Adding a new Section 32-362(h)Robbins, Voetberg. Nays—None. to City Code of Ordinances providing for establishment of time designated parkingRESOLUTION NO. 240-94 restrictions, presented and read. A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 10-13, INCLUSIVE, BLOCK (OFFICIAL PUBLICATION)3, LOT 1 OF BLOCK 4, LOTS G, J AND H ORDINANCE NO. 40-94IN FREMONT HEIGHTS SUBDIVISION IN AN ORDINANCE AMENDING CITY OFTHE CITY OF DUBUQUE, DUBUQUE DUBUQUE CODE OF ORDINANCES BYCOUNTY, IOWA. ADDING A NEW SECTION 32-362(h)Whereas, there has been filed with the City PROVIDING FOR THE ESTABLISHMENTClerk a final plat of Lots 10-13, Inclusive, Block OF TIME DESIGNATED PARKING3, Lot 1 of Block 4, Lots G, J and H in Fremont Heights Subdivision in the City of Dubuque, Iowa; RESTRICTIONS NOW, THEREFORE, BE IT ORDAINED BYand THE CITY COUNCIL OF THE CITY OFWhereas, upon said final plat appears a street to DUBUQUE, IOWA:be known as Bonnie Court, also known as Lot G, Section 1. That the Code of Ordinances of theand North Cascade Road, also known as Lot J, City of Dubuque, Iowa be amended by adding thetogether with certain public utility and sanitary sewer and storm sewer easements which the owner 231Regular Session, July 18, 1994 by said final plat has dedicated to the publicsuch form and with such sureties as may be forever; andacceptable to the City Manager of the City of Whereas, the preliminary plat has beenDubuque, Iowa. examined by the Zoning Commission and had itsSection 3. Sidewalk installation shall be the approval endorsed thereon; andresponsibility of the owner of the property abutting Whereas, said final plat has been reviewed bythe public right-of-way, as required by City Code the City Planner and had his/her approval endorsed42-24. thereon, subject to the owners agreeing to theSection 4. That in the event Martin J. and conditions noted in Section 2 below; andNancy McNamer shall fail to execute the Whereas, said final plat has been examined byacceptance and furnish the guarantees provided in the City Council and they find that it conforms toSection 2 hereof within 45 days after the date of the statutes and ordinances relating to it, exceptthis Resolution, the provisions hereof shall be null that no streets, detention facility, publicand void and the acceptance of the dedication and improvements or public utilities have yet beenapproval the plat shall not be effective. constructed or installed; andPassed, approved and adopted this 18th day of Whereas, the City Council concurs in theJuly, 1994. conditions of approval established by the ZoningTerrance M. Duggan, Mayor Commission and the City Planner.ATTEST: NOW, THEREFORE, BE IT RESOLVED BYMary A. Davis, City Clerk THE CITY COUNCIL OF THE CITY OFACCEPTANCE OF RESOLUTION NO. 240- DUBUQUE, IOWA:94 Section 1. That the dedication of BonnieI, the undersigned, Martin J. McNamer, Court, also known as Lot G, and North Cascaderepresenting Martin J. and Nancy McNamer, Road, also known as Lot J, together with thehaving read the terms and conditions of the easements for public utilities, sanitary sewer, stormResolution No. 240-94 and being familiar with the sewer and street lights as they appear upon saidconditions thereof, hereby accept this same and final plat, be and the same are hereby accepted;agree to the conditions required therein. andDated in Dubuque, Iowa this 21st day of July, Section 2. That the plat of Lots 10-13,1994. Inclusive, Block 3, Lot 1 of Block 4, Lot G, J, andBy /s/Martin J. McNamer H of Fremont Heights Subdivision, is herebyBy /s/Nancy McNamer approved and the Mayor and City Clerk are herebyCouncil Member Kluesner moved adoption of authorized and directed to endorse the approval ofthe Resolution. Seconded by Council Member the City of Dubuque, Iowa, upon said final plat,Nagle. Carried by the following vote: provided the owners of said property herein named,Yeas—Mayor Duggan, Council Members execute their written acceptance hereto attachedKluesner, Krieg, Nagle, Nicholson, Robbins, agreeing:Voetberg. Nays—None. a.To reduce Bonnie Court to grade and to construct concrete curb and gutter and toRESOLUTION NO. 241-94 hard surface with asphaltic concrete, orA RESOLUTION APPROVING THE FINAL with concrete paving with integral curb,PLAT OF LOTS 13-16, INCLUSIVE, OF all in accordance with the City of BLOCK 1, LOTS 9-19, INCLUSIVE OF Dubuque standard specifications, all in aBLOCK 2, LOTS 1-4 INCLUSIVE OF manner acceptable to the City Engineer,BLOCK 3, LOTS A, B, C, D, E AND F OF and in conformance with construction FREMONT HEIGHTS SUBDIVISION, IN improvement plans approved by the City THE CITY OF DUBUQUE, DUBUQUE Engineer, and inspected by the CityCOUNTY, IOWA. Engineer.Whereas, there has been filed with the City b.To install sanitary sewer mains and sewerClerk a final plat of Lots 13-16, Inclusive, of service laterals into each individual lot,Block 1, Lots 9-19, Inclusive of Block 2, Lots 1-4 water mains and water service laterals intoInclusive of Block 3, Lots A, B, C, D, E and F of each individual lot, storm sewers andFremont Heights Subdivision, in the City of catch basins, boulevard street lighting andDubuque, Iowa; and erosion control devices all in accordanceWhereas, upon said final plat appear streets to with the City of Dubuque standardbe known as Dorothy Kay Drive, Barbaralee specifications, all in a manner acceptableDrive, and Elaine Court, together with certain to the City Engineer, and in accordancepublic utility and sanitary and storm sewer with construction improvement planseasements and a detention facility, which the approved by the City Engineer, andowners by said final plat have dedicated to the inspected by the City Engineer.public forever; and c.To construct said improvements, prior toWhereas, the preliminary plat has been one (1) year from the date of acceptanceexamined by the Zoning Commission and had its of this resolution, at the sole expense ofapproval endorsed thereon; and the owners, or future owners;Whereas, said final plat has been reviewed by d.To maintain the public improvements, forthe City Planner and had her approval endorsed a period of two (2) years from the date ofthereon, subject to the owners agreeing to the the acceptance of those improvements byconditions noted in Section 2 below; and the City of Dubuque, Iowa, at the soleWhereas, said final plat has been examined by expense of the owners, or future owners;the City Council and they find that it conforms to And further provided that said Martin J. andthe statutes and ordinances relating to it, except Nancy McNamer, as owners of said property, shallthat no streets, detention facility, public secure the performance of the foregoing conditionsimprovements or public utilities have yet been provided in this Section by providing guarantees inconstructed or installed; and Regular Session, July 18, 1994232 Whereas, the City Council concurs in theacceptable to the City Manager of the City of conditions of approval established by the ZoningDubuque, Iowa. Commission and the City Planner.Section 3. Sidewalk installation shall be the NOW, THEREFORE, BE IT RESOLVED BYresponsibility of the owner of the property abutting THE CITY COUNCIL OF THE CITY OFthe public right-of-way, as required by City Code DUBUQUE, IOWA:42-24(e). Section 1. That the dedications of Dorothy KaySection 4. That in the event Martin J. and Drive, also known as Lot A, Barbaralee Drive,Nancy McNamer shall fail to execute the also known as Lot B, Elaine Court, also known asacceptance and furnish the guarantees provided in Lot C and the storm water detention facility, alsoSection 2 hereof within 45 days after the date of known as Lot F, together with the easements forthis Resolution, the provisions hereof shall be null public utilities, sanitary sewer, storm sewer andand void and the acceptance of the dedication and street lights as they appear upon said final plat, beapproval the plat shall not be effective. and the same are hereby accepted; andPassed, approved and adopted this 18th day of Section 2. That the plat of Lots 13-16July, 1994. Inclusive of Block 1, Lots 9-19 Inclusive of BlockTerrance M. Duggan, Mayor 2, Lots 1-4 Inclusive of Block 3, Lots A, B, C, D,ATTEST: E and F of Fremont Heights Subdivision is herebyMary A. Davis, City Clerk approved and the Mayor and City Clerk are herebyACCEPTANCE OF RESOLUTION NO. 241- authorized and directed to endorse the approval of94 the City of Dubuque, Iowa, upon said final plat,I, the undersigned, Martin J. McNamer and provided the owners of said property herein named,Nancy McNamer, having read the terms and execute their written acceptance hereto attachedconditions of the Resolution No. 241-94 and being agreeing:familiar with the conditions thereof, hereby accept a.To reduce Dorothy Kay Drive, Barbaraleethis same and agree to the conditions required Drive and Elaine Court to grade and totherein. construct concrete curb and gutter and toDated in Dubuque, Iowa this 21st day of July, hard surface with asphaltic concrete, or1994. with concrete paving with integral curb,By /s/Martin J. McNamer all in accordance with the City ofBy /s/Nancy McNamer Dubuque standard specifications, all in aCouncil Member Kluesner moved adoption of manner acceptable to the City Engineer,the Resolution. Seconded by Council Member and in conformance with constructionNagle. Carried by the following vote: improvement plans approved by the CityYeas—Mayor Duggan, Council Members Engineer, and inspected by the CityKluesner, Krieg, Nagle, Nicholson, Robbins, Engineer.Voetberg. Nays—None. b.To install sanitary sewer mains and sewer service laterals into each individual lot,Communication of City Manager water mains and water service laterals intorecommending an amendment to Annual each individual lot, storm sewers andContributions Contract for Section 8 Program catch basins, boulevard street lighting andExisting Housing Certificates, presented and read. erosion control devices all in accordanceCouncil Member Nagle moved adoption of the with the City of Dubuque standardResolution. Seconded by Council Member specifications, all in a manner acceptableRobbins. Carried by the following vote: to the City Engineer, and in accordanceYeas—Mayor Duggan, Council Members with construction improvement plansKluesner, Krieg, Nagle, Nicholson, Robbins, approved by the City Engineer, andVoetberg. Nays—None. inspected by the City Engineer. c.To construct a storm water detention RESOLUTION NO. 242-94 facility in Lot F of Fremont HeightsRESOLUTION AUTHORIZING Subdivision in accordance with theEXECUTION OF AN AMENDED ANNUAL improvement plans approved by the City;CONTRIBUTIONS CONTRACT FOR to maintain said detention facility until SECTION 8 EXISTING HOUSING 80% of the sum of the platted lots hereinCERTIFICATES, PROGRAM NO. IA05- and the lots platted under Resolution 241-E087-017 (REPLACING PROGRAM NO. 94, are fully developed and the remainingIA05-E087-005) 20% of said lots have installed adequateWhereas, contracts for certain programs under erosion control measures.the consolidated Annual Contributions Contract d.To construct said improvements, prior tofor Existing Housing Certificates are scheduled for one (1) year from the date of acceptanceexpiration, in 1994; and of this resolution, at the sole expense ofWhereas, the U.S. Department of Housing and the owners, or future owners;Urban Development has extended these funding e.To maintain the public improvements, forcommitments through the offering of an amended a period of two (2) years from the date ofconsolidated contract; and the acceptance of those improvements byWhereas, the Department requires execution of the City of Dubuque, Iowa, at the solethis contract for the City's administration of these expense of the owners, or future owners;funds. And further provided that said Martin J. andNOW, THEREFORE, BE IT RESOLVED BY Nancy McNamer, as owners of said property, shallTHE CITY COUNCIL OF THE CITY OF secure the performance of the foregoing conditionsDUBUQUE, IOWA: provided in this Section by providing guarantees inSection 1. That the Mayor of the City of such form and with such sureties as may beDubuque be and he is hereby authorized and directed to execute an amended Annual 233Regular Session, July 18, 1994 Contributions Contract, with the U.S. DepartmentCommunication of City Manager of Housing and Urban Development, for Projectrecommending approval of Multi-Jurisdictional NO. IA05-E087-017, under Master AnnualLaw Enforcement Agreements between the City of Contributions Contract No. KC-9004-E, on behalfDubuque, County of Dubuque and Jo Daviess of the City of Dubuque.County, IL and authorizing the Mayor to execute Section 2. This resolution shall take effectsaid agreements, presented and read. Council immediately.Member Voetberg moved that the communication Passed, approved and adopted this 18th day ofbe received and filed and recommendation July, 1994.approved. Seconded by Council Member Terrance M. Duggan, MayorNicholson. Carried by the following vote: Attest:Yeas—Mayor Duggan, Council Members Mary A. Davis, City ClerkKluesner, Krieg, Nagle, Nicholson, Robbins, Council Member Nagle moved adoption of theVoetberg. Nays—None. Resolution. Seconded by Council Member Robbins. Carried by the following vote:Communication of City Manager advising of Yeas—Mayor Duggan, Council MembersInvestment Oversight Commission's approval on Kluesner, Krieg, Nagle, Nicholson, Robbins,Modification of Investment Instruction for Voetberg. Nays—None.Dubuque Bank & Trust, presented and read. Council Member Voetberg moved that the Communication of City Managercommunication be received and filed. Seconded recommending an amendment to Annualby Council Member Kluesner. Carried by the Contributions Contract for Section 8 Programfollowing vote: Yeas—Mayor Duggan, Council Housing Vouchers, presented and read. CouncilMembers Kluesner, Krieg, Nagle, Nicholson, Member Voetberg moved that the communicationRobbins, Voetberg. Nays—None. be received and filed. Seconded by Council Member Nagle. Carried by the following vote:RESOLUTION NO. 244-94 Yeas—Mayor Duggan, Council MembersNOW, THEREFORE, BE IT RESOLVED BY Kluesner, Krieg, Nagle, Nicholson, Robbins,THE CITY COUNCIL OF THE CITY OF Voetberg. Nays—None.DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes RESOLUTION NO. 243-94 RESOLUTION AUTHORIZINGwithin the City of Dubuque, Iowa, be granted a EXECUTION OF AN AMENDED ANNUALpermit to sell Cigarettes and Cigarette Papers within said City. CONTRIBUTIONS CONTRACT FOR Copper Kettle RestaurantVera Stoffel SECTION 8 HOUSING VOUCHERS, PROGRAM NO. IA05-V087-0192987 Jackson (REPLACING PROGRAM NO. IA05-V087-Kopples MarketThomas Kern 1098 Univerity 007) Whereas, contracts for certain programs underMurph's South End Tap the consolidated Annual Contributions ContractMurph' South End Tap,Inc.55 Locust St. for Housing Vouchers are scheduled for expiration,Pasta O'Shea'sKahn Family Enterprises in 1994; and395 W. 9th Whereas, the U.S. Department of Housing andQuick Clean LaundryCo-Op Laundry Urban Development has extended these funding1400 Dodge St commitments through the offering of an amendedSilver Dollar CantinaSteve Althoff consolidated contract; and342 Main St Whereas, the Department requires execution ofPassed, approved and adopted this 18th day of this contract for the City's administration of theseJuly, 1994. funds.Terrance M. Duggan, Mayor NOW, THEREFORE, BE IT RESOLVED BYAttest: THE CITY COUNCIL OF THE CITY OFMary A. Davis, City Clerk DUBUQUE, IOWA:Council Member Kluesner moved adoption of Section 1. That the Mayor of the City ofthe Resolution. Seconded by Council Member Dubuque be and he is hereby authorized andNagle. Carried by the following vote: directed to execute an amended AnnualYeas—Mayor Duggan, Council Members Contributions Contract, with the U.S. DepartmentKluesner, Krieg, Nagle, Nicholson, Robbins, of Housing and Urban Development, for ProjectVoetberg. Nays—None. No. IA05-V087-019, under Master Annual Contributions Contract No. KC-9004E, on behalfRESOLUTION NO. 245-94 of the City of Dubuque.Whereas, applications for Beer Permits have Section 2. This resolution shall take effectbeen submitted and filed to this Council for immediately.approval and the same have been examined and Passed, approved and adopted this 18th day ofapproved; and July, 1994.Whereas, the premises to be occupied by such Terrance M. Duggan, Mayorapplicants were inspected and found to comply Attest:with the Ordinances of this City and have filed Mary A. Davis, City Clerkproper bonds. Council Member Voetberg moved adoption ofNOW, THEREFORE, BE IT RESOLVED BY the Resolution. Seconded by Council MemberTHE CITY COUNCIL OF THE CITY OF Nagle. Carried by the following vote:DUBUQUE, IOWA: Yeas—Mayor Duggan, Council MembersThat the Manager be authorized to cause to be Kluesner, Krieg, Nagle, Nicholson, Robbins,issued the following named applicants a Beer Voetberg. Nays—None.Permit. Regular Session, July 18, 1994 234 CLASS "B" SPECIAL EVENT (Five-day Permit) Racecrafter_, Inc Thunderfest Outdoor Service Hawthorne & Kerper CLASS "C BEER PERMIT Iowa Oil Co_ IOCO Speede Shoppe Sunday Sales 2334 University Passed, approved and adopted this 18th day of July, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Kluesner moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas —Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays —None RESOLUTION NO. 246-94 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License CLASS "C (COMMERCIAL) BEER AND LIQUOR LICENSE City of Dubuque Dubuque Five Flags Center 405 Main St. House of China, Inc 170 IFK Rd Ryan House, The 1375 Locust St House of China The Caterers, Inc Carol A Meyer_ & Lisa M Tott TottS Tap 3457 Jackson St Passed, approved and adopted this 18th day of July, 1994. Terrance A. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Kluesner moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas —Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Voetberg Nays —None Absent —Council Member Krieg Communication of City Manager requesting a public hearing be set to consider the establishment of an Urban Renewal District for the Kerper Boulevard Industrial Park, presented and read Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas —Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays —None RESOLUTION NO. 247-94 RESOLUTION DETERMINING THE NECESSITY AND FIXING A DATE FOR HEARING ON A PROPOSED URBAN RENEWAL PLAN FOR THE PROPOSED KERPER BOULEVARD INDUSTRIAL PARK ECONOMIC DEVELOPMENT DISTRICT Whereas, the City of Dubuque believes that the designation of the Kerper Boulevard Industrial Park as a economic development/urban renewal area will enhance its attractiveness as a site for new and expanding businesses: and Whereas, the City Council believes that the designation will supplement the City of Dubuque's economic development programs by providing additional development ready sites and financial incentives to business interested in expanding in or relocating to the community: and Whereas, the City Manager has presented an urban renewal plan for the project area, hereto attached as EXHIBIT A, which is preliminary and subject to modifications prior to its adoption: and Whereas, the Iowa Urban Renewal Law requires that before urban renewal powers may be exercised, a City Council must adopt a resolution finding that the area in question is a slum area, a blighted area or an economic development area, and designating such area as appropriate for urban renewal activities: and Whereas, the City of Dubuque is required by the Iowa Urban Renewal Law to provide the Long Range Planning Commission an opportunity to review and comment upon the proposed urban renewal plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the following described area, to be known as the "Kerper Boulevard Industrial Park Economic Development District" is an economic development area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: That area bordered on the north by the northern boundaries of the following parcels_ Lot 2 of the Kerper Industrial Subdivision Number 1, Lot 1 of Lot 1 of the Kerper Industrial Subdivision Number 1, and Lot 3 of the FDL First Addition: on the east by the eastern boundary of the Kerper Boulevard right-of-way: on the south by the southern boundary of the East Sixteen Street right-of-way: and on the west by the eastern limits of the Soo Line Railroad right-of-way: all located in the City of Dubuque, Dubuque County, Iowa. Section 2 That the development and redevelopment of the area is necessary in the interest of residents of the City of Dubuque, Iowa Section 3. That the Long Range Planning Commission of the City of Dubuque is hereby requested to review the proposed urban renewal plan, attached hereto as EXHIBIT A, and to make written recommendations as to its conformity with the general plan for the development of the City of Dubuque on or before August 10, 1994. Section 4 That a public hearing shall be held on the proposed Kerper Boulevard Industrial Park Economic Development District Urban Renewal Plan before the City Council at its meeting when commences at 7:30 pm on August 15, 1994, in the Auditorium, Carnegie -Stout Public Library, Dubuque, Iowa. Section i That the City Clerk is authorized and directed to publish public notice of this public hearing as provided by law Passed, approved and adopted this 18th day of July, 1994. Terrance M. Duggan, Mayor Attest 235Regular Session, July 18, 1994 Mary A. Davis, City ClerkDepartment of Housing and Urban Development; Council Member Kluesner moved adoption ofand the Resolution and set Public Hearing for AugustWhereas, said Citizen Participation Plan 15, 1994 at 7:30 p.m. in the Public Libraryspecifies standards for the publication of notices of Auditorium and direct the City Clerk to publishsuch hearings. notice in the manner prescribed by law. SecondedNOW, THEREFORE, BE IT RESOLVED BY by Council Member Nagle. Carried by theTHE CITY COUNCIL OF THE CITY OF following vote: Yeas—Mayor Duggan, CouncilDUBUQUE, IOWA: Members Kluesner, Krieg, Nagle, Nicholson,Section 1. That the City Council shall conduct Robbins, Voetberg. Nays—None.a public hearing on the Amendment No. 1 to the Final Statement for the First Supplement of CDBG Communication of Zoning CommissionDisaster Relief Funds at the Carnegie-Stout Public advising of their denial to reclassify property atLibrary Auditorium, 360 West 11th Street, 2727 Dodge Street from C-2 NeighborhoodDubuque, Iowa on Monday, August 1, 1994, at Commercial District to C-3 General Commercial7:30 p.m. District, and an Ordinance Amending ZoningSection 2. That the City Clerk be and is hereby Ordinance by reclassifying properties at 2727directed to publish notice of said public hearing as Dodge St. from C-2 Neighborhood Commercialrequired by the City of Dubuque's Citizen District to C-3 General Commercial District,Participation Plan for the Community presented and read. Council Member KluesnerDevelopment Block Grant Program activities. moved to concur with the denial. Seconded byPassed, approved and adopted this 18th day of Council Member Krieg. Carried by the followingJuly, 1994. vote: Yeas—Mayor Duggan, Council MembersTerrance Duggan, Mayor Kluesner, Krieg, Nagle, Nicholson, Robbins,ATTEST: Voetberg. Nays—None.Mary A. Davis, City Clerk Council Member Voetberg moved adoption of Communication of Zoning Commissionthe Resolution and setting the date of August 1, advising of their approval for a text amendment1994 for a public hearing at 7:30 p.m. in the regarding Retail Sales/Service uses, presented andPublic Library Auditorium and that the City Clerk read. Council Member Voetberg moved that thepublish notice in the manner prescribed by law. communication be received and filed. SecondedSeconded by Council Member Nagle. Carried by by Council Member Robbins. Carried by thethe following vote: Yeas—Mayor Duggan, following vote: Yeas—Mayor Duggan, CouncilCouncil Members Kluesner, Krieg, Nagle, Members Kluesner, Krieg, Nagle, Nicholson,Nicholson, Robbins, Voetberg. Nays—None. Robbins, Voetberg. Nays—None. Communication of City Manager requesting a An Ordinance amending Zoning Ordinance bypublic hearing be set on Statement of Intent for the repealing Section 3-3.2(B) Principal Permitted2nd Supplement of CDBG Flood Disaster Funds, Uses and adopting Section 3-3.2(B) in lieu thereofpresented and read. Council Member Nagle pertaining to Retail Sales/Service, presented andmoved that the communication be received and read. Council Member Voetberg moved this be thefiled. Seconded by Council Member Nicholson. first and second reading of and that a publicCarried by the following vote: Yeas—Mayor hearing be held on August 1, 1994 and City ClerkDuggan, Council Members Kluesner, Krieg, publish notice as required. Seconded by CouncilNagle, Nicholson, Robbins, Voetberg. Member Robbins. Carried by the following vote:Nays—None. Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins,RESOLUTION NO. 249-94 Voetberg. Nays—None.RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON THE FINAL Communication of City Manager requesting aSTATEMENT OF INTENT FOR THE public hearing be set on final statement of intentSECOND SUPPLEMENT OF COMMUNITY for the 1st supplement CDBG Funds, presentedDEVELOPMENT BLOCK GRANT (CDBG) and read. Council Member Voetberg moved that FLOOD DISASTER RELIEF FUNDS IN THE the communication be received and filed. AMOUNT OF $232, 000 Seconded by Council Member Nagle. Carried byWhereas, Section IV, A. of the Community the following vote: Yeas—Mayor Duggan,Development Block Grant Citizen Participation Council Members Kluesner, Krieg, Nagle,Plan for the City of Dubuque provides that the Nicholson, Robbins, Voetberg. Nays—None.City shall conduct a public hearing on its Proposed Statement of Community Development Objectives and Projected Use of Funds or changes thereto, RESOLUTION NO. 248-94 RESOLUTION SETTING THE DATE FORbefore submission of a Final Statement to the U.S. A PUBLIC HEARING ON THE FINALDepartment of Housing and Urban Development; STATEMENT OF INTENT FOR THE FIRSTand Whereas, said Citizen Participation Plan SUPPLEMENT OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)specifies standards for the publication of notices of FLOOD DISASTER RELIEF FUNDSsuch hearings. Whereas, Section IV, A. of the CommunityNOW, THEREFORE, BE IT RESOLVED BY Development Block Grant Citizen ParticipationTHE CITY COUNCIL OF THE CITY OF Plan for the City of Dubuque provides that theDUBUQUE, IOWA: City shall conduct a public hearing on its ProposedSection 1. That the City Council shall conduct Statement of Community Development Objectivesa public hearing on the Final Statement for the and Projected Use of Funds or changes thereto,Second Supplement of CDBG Disaster Relief before submission of a Final Statement to the U.S.Funds at the Carnegie-Stout Public Library Regular Session, July 18, 1994236 Auditorium, 360 West 11th Street, Dubuque, IowaVoetberg moved that the proof be received and on Monday, August 1, 1994, at 7:30 p.m.filed. Seconded by Council Member Nagle. Section 2. That the City Clerk be and is herebyCarried by the following vote: Yeas—Mayor directed to publish notice of said public hearing asDuggan, Council Members Kluesner, Krieg, required by the City of Dubuque's CitizenNagle, Nicholson, Robbins, Voetberg. Participation Plan for the CommunityNays—None. Development Block Grant Program activities. Passed, approved and adopted this 18th day ofCommunication of Patricia Carr submitting July, 1994.comments and concerns regarding rezoning and Terrance M. Duggan, Mayorconditions granted to University of Dubuque, ATTEST:presented and read. Council Member Voetberg Mary A. Davis, City Clerkmoved that the communication be received and Council Member Nagle moved adoption of thefiled. Seconded by Council Member Nagle. Resolution. Seconded by Council MemberCarried by the following vote: Yeas—Mayor Nicholson. Carried by the following vote:Duggan, Council Members Kluesner, Krieg, Yeas—Mayor Duggan, Council MembersNagle, Nicholson, Robbins, Voetberg. Kluesner, Krieg, Nagle, Nicholson, Robbins,Nays—None. Voetberg. Nays—None. Richard Stein submitting his resignation from MINUTES SUBMITTED — AirportInvestment Oversight Committee, Dennis Commission of 5-25 & 6-14; Mechanical Board ofHoulihan submitting resignation from Airport 6-28; Transit Trustee Board of 6-13 & 6-16;Commission, presented and read. Council Zoning Board of Adjustment of 6-23; ZoningMember Voetberg moved that the resignations be Commission of 7-6, presented and read. Councilreceived and filed and accepted with regret. Member Voetberg moved that the minutes beSeconded by Council Member Nagle. Carried by received and filed. Seconded by Council Memberthe following vote: Yeas—Mayor Duggan, Nagle. Carried by the following vote: Council Members Kluesner, Krieg, Nagle, Yeas—Mayor Duggan, Council MembersNicholson, Robbins, Voetberg. Nays—None. Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.REFUNDS REQUESTED — Jerry James, (Neighbors Tap, ) $211.25 on unexpired Liquor Notices of Claims/Suits—William J. Gibson, IILicense, presented and read. Council Member in unknown amount for sidewalk replacement;Voetberg moved that the refund be approved and Shirlee A. and Gerald W. Hubanks in unknownFinance Director to issue proper check. Seconded amount for personal injuries; Phyllis M. Minnick by Council Member Nagle. Carried by the in unknown amount for personal injuries,following vote: Yeas—Mayor Duggan, Council presented and read. Council Member VoetbergMembers Kluesner, Krieg, Nagle, Nicholson, moved that the claims and suits be referred to Robbins, Voetberg. Nays—None. Legal Staff for investigation and report. Seconded by Council Member Nagle. Carried by theZoning Commission advising of their approval following vote: Yeas—Mayor Duggan, Councilof plat in Henschel's Addition located on Richards Members Kluesner, Krieg, Nagle, Nicholson, Road, presented and read. Council Member Robbins, Voetberg. Nays—None.Voetberg moved that the communication be received and filed. Seconded by Council Member Communications of Corporation CounselNagle. Carried by the following vote: advising the following claims have been referred to Yeas—Mayor Duggan, Council Members Crawford & Company, the agent for the IowaKluesner, Krieg, Nagle, Nicholson, Robbins, Communities Assurance Pool: Motorcycle damageVoetberg. Nays—None. of Jeffrey R. Birch Personal injury of Aldrich J. Kremenak; False Arrest of Laurie Weidenbacher,RESOLUTION NO. 250-94 presented and read. Council Member VoetbergRESOLUTION APPROVING THE PLAT OF moved that the claims be received and filed. SURVEY OF LOTS 1, 2 AND A OF BLOCK Seconded by Council Member Nagle. Carried by 3, HENSCHEL'S ADDITION IN THE CITY the following vote: Yeas—Mayor Duggan,OF DUBUQUE, IOWA Council Members Kluesner, Krieg, Nagle,Whereas, there has been filed with the City Nicholson, Robbins, Voetberg. Nays—None.Clerk a plat of survey of Lots 1, 2 and A of Block 3, Henschel's Addition, in the City of Dubuque, Communication of Corporation CounselIowa; and recommending settlement of following claims: CarWhereas, said plat of survey has been examined damage of Conrad Auto Sales in amount ofby the City Zoning Commission and had its $472.24; Window Damage of Wolffapproval endorsed thereon; and Transportation in the amount of $168.38,Whereas, said plat of survey has been approved presented and read. Council Member Voetbergby the City Zoning Commission on the condition moved that the settlements be approved with that Lot A be maintained by Henschel's Black Finance Director to issue proper checks. Forest Homeowner's Association as per the Seconded by Council Member Nagle. Carried byexisting declaration of restrictive covenants and the following vote: Yeas—Mayor Duggan,conditions and be maintained for roadway Council Members Kluesner, Krieg, Nagle, purposes. Nicholson, Robbins, Voetberg. Nays—None.Whereas, said final plat has been examined by the City Council and the City Council finds that Proof of Publication, certified to by thethe same conforms to the statutes and ordinances Publisher, on List of Claims paid for month of relating thereto. May, 1994, presented and read. Council Member 237Regular Session, July 18, 1994 Whereas, the City Council concurs in thethe same conforms to the statutes and ordinances condition of approval established by the Cityrelating thereto. Zoning Commission.Whereas, the City Council concurs in the NOW THEREFORE, BE IT RESOLVED BYcondition of approval established by the City THE CITY COUNCIL OF THE CITY OFZoning Commission DUBUQUE, IOWA:NOW THEREFORE, BE IT RESOLVED BY Section 1. That the above-described final platTHE CITY COUNCIL OF THE CITY OF be and the same is hereby approved and the MayorDUBUQUE, IOWA: and City Clerk are hereby authorized and directedSection 1. That the plat of Lots 1 thru 3 of Lot to endorse the approval of the City of Dubuque2 of Westmark be and the same is hereby approved upon said final plat provided that the owner of saidand the Mayor and City Clerk are hereby property shall execute a written acceptance heretoauthorized and directed to endorse the approval of attached, acknowledging and agreeing:the City of Dubuque upon said final plat provided a)Lot A be maintained by Henschel's Blackthat the owner of said property shall execute a Forest Homeowner's Association as perwritten acceptance hereto attached, acknowledging the existing declaration of restrictiveand agreeing: covenants and conditions and bea)That no direct access be allowed onto maintained for roadway purposes.Pennsylvania Avenue. Section 2. That in the event the owner fails toSection 2. That in the event the owner fails to execute the acceptance provided for in Section 1execute the acceptance provided for in Section 1 herein within 45 days after the date of thisherein within 45 days after the date of this resolution, the provisions herein shall be null andresolution, the provisions herein shall be null and void and the approval of the plat shall not bevoid and the approval of the plat shall not be effective.effective. Passed, approved and adopted this 18th day ofPassed, approved and adopted this 18th day of July, 1994.July, 1994. Terrance M. Duggan, MayorTerrance, M. Duggan, Mayor Attest:Attest: Mary A. Davis, City ClerkMary A. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 250-ACCEPTANCE OF RESOLUTION NO. 251- 9494 I, the undersigned, Reinhold J. Nelissen, havingWe, the undersigned, David Bauer, Westmark read the terms and conditions of the ResolutionI, L.C., having read the terms and conditions of the No. 250-94 and being familiar with the conditionsResolution No. 251-94 and being familiar with the thereof, hereby accept this same and agree to theconditions thereof, hereby accept this same and conditions required therein.agree to the conditions required therein. Dated in Dubuque, Iowa this 20th day of July,Dated in Dubuque, Iowa this 22nd day of July, 1994.1994. By: /s/Reinhold J. NelissenBy /s/David Bauer Council Member Voetberg moved adoption ofWestmark I, L.C. the Resolution. Seconded by Council MemberCouncil Member Voetberg moved adoption of Nagle. Carried by the following vote:the Resolution. Seconded by Council Member Yeas—Mayor Duggan, Council MembersNagle. Carried by the following vote: Kluesner, Krieg, Nagle, Nicholson, Robbins,Yeas—Mayor Duggan, Council Members Voetberg. Nays—None.Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Communication of Zoning Commission advising of their approval of plat of Westmark,City Manager recommending approval of presented and read. Council Member VoetbergFunding Agreement with Dubuque Main St. Ltd. moved that the communication be received andin accordance with FY'95 Budget, presented and filed. Seconded by Council Member Nagle.read. Council Member Voetberg moved that the Carried by the following vote: Yeas—Mayorcommunication be received and filed. Seconded Duggan, Council Members Kluesner, Krieg,by Council Member Nagle. Carried by the Nagle, Nicholson, Robbins, Voetberg.following vote: Yeas—Mayor Duggan, Council Nays—None.Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. RESOLUTION NO. 251-94 RESOLUTION APPROVING THE PLAT OFRESOLUTION NO. 252-94 SURVEY OF LOTS 1 thru 3 OF LOT 2 OFRESOLUTION APPROVING A FUNDING WESTMARK IN THE CITY OF DUBUQUE,AGREEMENT BETWEEN THE CITY OF IOWA.DUBUQUE AND DUBUQUE MAIN Whereas, there has been filed with the CitySTREET, LTD., AND AUTHORIZING AND Clerk a plat of survey of Lots 1-3 of Lot 2 ofDIRECTING THE CITY MANAGER TO Westmark, in the City of Dubuque, Iowa; and EXECUTE SAID AGREEMENT ON Whereas, said plat has been examined by theBEHALF OF THE CITY OF DUBUQUE, City Zoning Commission and had its approvalIOWA endorsed thereon; andWhereas, the City of Dubuque has negotiated Whereas, said plat has been approved by thewith Dubuque Main Street, Ltd. to provide and City Zoning Commission on the condition that noimplement a downtown revitalization program; direct access be allowed onto Pennsylvaniaand Avenue.Whereas, the terms and conditions under which Whereas, said final plat has been examined byDubuque Main Street, Ltd. will be funded for the City Council and the City Council finds thatproviding such services are set forth in a Funding Regular Session, July 18, 1994238 Agreement, a copy of which is hereto attached andDevelopment Corporation, hereto attached and by this reference made a part thereof;marked Exhibit 'A", is hereby approved and the NOW, THEREFORE, BE IT RESOLVED BYMayor and City Clerk are authorized and directed THE CITY COUNCIL OF THE CITY OFto execute said Agreement. DUBUQUE, IOWA:Section 2. That the City Manager be and he is Section 1. That the attached Fundinghereby authorized to make such payments to the Agreement by and between the City of Dubuque,Greater Dubuque Development Corporation as are Iowa, and Dubuque Main Street, Ltd. be and theprovided for in the aforesaid Agreement, in an same is hereby approved.amount not to exceed $56, 856 as provided for in Section 2. That the City Manager be and he isthe Fiscal Year 1995 Budget, according to the hereby authorized and directed to execute saidterms and conditions for payment set forth in said Agreement for and on behalf of the City ofAgreement. Dubuque, Iowa.Passed, approved and adopted this 18th day of Passed, approved and adopted this 18th day ofJuly, 1994. July, 1994.Terrance M. Duggan, Mayor Terrance M. Duggan, MayorAttest: Attest:Mary A. Davis, City Clerk Mary A. Davis, City ClerkCouncil Member Voetberg moved adoption of Council Member Voetberg moved adoption ofthe Resolution. Seconded by Council Member the Resolution. Seconded by Council MemberNagle. Carried by the following vote: Nagle. Carried by the following vote:Yeas—Mayor Duggan, Council Members Yeas—Mayor Duggan, Council MembersKluesner, Krieg, Nagle, Nicholson, Voetberg. Kluesner, Krieg, Nagle, Nicholson, Robbins,Nays—None. Voetberg. Nays—None. City Manager requesting authorization to City Manager recommending approval ofassign certain leases with Anderson Marine of Funding Agreement with GDDC for EconomicIowa, Inc., presented and read. Council Member Development Services in accordance with FY'95Voetberg moved that the communication be Budget, presented and read. Council Memberreceived and filed. Seconded by Council Member Voetberg moved that the communication beNagle. Carried by the following vote: received and filed. Seconded by Council MemberYeas—Mayor Duggan, Council Members Nagle. Carried by the following vote:Kluesner, Krieg, Nagle, Nicholson, Robbins, Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None. Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. RESOLUTION NO. 254-94 RESOLUTION AUTHORIZING THE RESOLUTION NO. 253-94ASSIGNMENT OF CERTAIN LEASES RESOLUTION APPROVING ANBETWEEN THE CITY OF DUBUQUE, AGREEMENT FOR ECONOMICIOWA, AND ANDERSON MARINE OF DEVELOPMENT SERVICES WITH THEIOWA, INC. TO THE SMALL BUSINESS GREATER DUBUQUE DEVELOPMENTADMINISTRATION FOR SECURITY Whereas, the City of Dubuque, Iowa (City) has CORPORATION FOR FISCAL YEAR 1994- 1995 AND AUTHORIZING ANDleased to Anderson Marine of Iowa, Inc, an Iowa DIRECTING THE MAYOR TO EXECUTECorporation (Lessee) certain real property located Whereas, the City Council of the City ofat Eagle Point, Dubuque, Iowa, pursuant to the Dubuque, Iowa desires to maintain anfollowing leases: economically viable community by encouraging1.Lease agreement dated October 29, 1956. private sector development which produces jobs2.Amendment to lease dated October 26, for the unemployed and expands job opportunities1956. for persons of low and moderate income; and3.Amendment to lease dated December 25, Whereas, the City Council of the City of1957. Dubuque, Iowa has determined that a program of4.Amendment to lease dated June 11, 1973. economic development activities and the5.Amendment to lease dated October 3, promotion of economic development opportunities1988. through the provision of services to local business6.Amendment to lease dated December 17, and industry and through the recruitment of new1990; and firms to the Dubuque labor market is a necessaryWhereas, the Small Business Administration element in a program of economic enhancement;has agreed to lend Lessee the sum of $319, 200.00 andto repair or replace disaster damaged real estate Whereas, the City of Dubuque has budgetedlocated at Eagle Point, Dubuque, Iowa 52001; and and committed certain funds for the support of theWhereas, a requirement of the Small Business objectives and activities noted above; and Administration for such loan to the Lessee is the Whereas, the Greater Dubuque Developmentassignment of the above described leases to the Corporation by virtue of its experience and otherSmall Business Administration pursuant to an professional qualifications has proposed to enterAssignment of Real Estate Lease and Agreement, into an Agreement for the provision of economica copy of which is attached; and development services hereto attached as ExhibitWhereas, the lease agreements between the City "A".of Dubuque and Anderson Marine of Iowa, Inc. NOW, THEREFORE, BE IT RESOLVED BYallows an assignment of the leases by the Lessee at THE CITY COUNCIL OF THE CITY OFits option upon prior written approval of the City DUBUQUE, IOWA:to the extent that the City's interests shall be fully Section 1. That the Purchase of Serviceprotected; and Agreement with the Greater Dubuque 239Regular Session, July 18, 1994 Whereas, the City Council of the City ofBelmont segment of U.S. 151 a high priority when Dubuque, Iowa, has determined that it is in theconsidering enumeration of the various candidate best interest of the City to consent to suchprojects. assignment.Section 3. That the City Council of the City of NOW, THEREFORE, BE IT RESOLVED BYDubuque encourages the Wisconsin Department of THE CITY COUNCIL OF THE CITY OFTransportation to proceed with a planning study DUBUQUE, IOWA:for the Belmont to Dickeyville segment of U.S. Section 1. That the Assignment of Real Estate151 to facilitate eventual completion of that Lease and Agreement attached hereto fromproject. Anderson Marine of Iowa, Inc. to the SmallPassed, approved and adopted this 18th day of Business Administration is hereby approved.July, 1994. Section 2. That the Mayor of the City ofTerrance M. Duggan, Mayor Dubuque is hereby authorized and directed to signAttest: said Assignment of Real Estate Lease andMary A. Davis, City Clerk Agreement on behalf of the City of Dubuque,Council Member Voetberg moved adoption of Iowa.the Resolution. Seconded by Council Member Passed, approved and adopted this 18th day ofNagle. Carried by the following vote: July, 1994.Yeas—Mayor Duggan, Council Members Terrance M. Duggan, MayorKluesner, Krieg, Nagle, Nicholson, Robbins, Attest:Voetberg. Nays—None. Mary A. Davis, City Clerk Council Member Voetberg moved adoption ofCity Manager recommending acceptance of the Resolution. Seconded by Council MemberQuit Claim Deed from Plastic Center, Inc. for alley Nagle. Carried by the following vote:behind Fischer Building, presented and read. Yeas—Mayor Duggan, Council MembersCouncil Member Voetberg moved that the Kluesner, Krieg, Nagle, Nicholson, Robbins,communication be received and filed. Seconded Voetberg. Nays—None. by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Communication of City ManagerMembers Kluesner, Krieg, Nagle, Nicholson, recommending to endorse construction of U.S. 151Robbins, Voetberg. Nays—None. in Wisconsin, presented and read. Council Member Voetberg moved that the communicationRESOLUTION NO. 256-94 be received and filed. Seconded by CouncilRESOLUTION ACCEPTING QUIT CLAIM Member Nagle. Carried by the following vote: DEED FROM PLASTIC CENTER INC. FOR Yeas—Mayor Duggan, Council Members A PORTION OF 9TH STREET AND THE Kluesner, Krieg, Nagle, Nicholson, Robbins,PUBLIC ALLEY ADJACENT TO CITY Voetberg. Nays—None.LOTS 49 AND 50 IN THE CITY OF DUBUQUE, IOWA RESOLUTION NO. 255-94Whereas, the City of Dubuque, in consideration RESOLUTION ENDORSING THEof the mutual benefit as outlined in a CONSTRUCTION OF U.S. 151 BETWEENMemorandum of Agreement dated June 21, 1993 between Plastic Center Inc. and the City of DODGEVILLE AND DICKEYVILLE, WISCONSIN TO A FOUR-LANEDubuque, has among other things agreed to accept EXPRESSWAY FACILITYa Quit Claim Deed from Plastic Center Inc. for a Whereas, the Wisconsin Transportationportion of 9th Street and the public alley adjacent Projects Commission, created by the Legislature toto City Lots 49 and 50 in the City of Dubuque, seek greater public participation in the selection ofIowa; and major highway projects, will be holding publicWhereas, all terms and conditions of both hearings this summer to hear testimony onparties with respect to said Memorandum of candidate projects; andAgreement have been satisfied, and the Quit Claim Whereas, the City of Dubuque and the State ofDeed dated June 8, 1994 has been delivered to the Iowa need improved access to the State ofCity. Wisconsin to enhance interaction between the twoNOW, THEREFORE, BE IT RESOLVED states and to complement the four-lane expresswayBY THE CITY COUNCIL OF THE CITY OF facilities already constructed on U.S. 61/151DUBUQUE, IOWA: through the City of Dubuque and on U.S. 20Section 1. That the City Council of the City of between Dubuque and Waterloo, and the plannedDubuque, Iowa hereby approves, accepts and four-lane expressway on U.S. 61 betweenconsents to the Quit Claim Deed from Plastic Dubuque and Davenport; andCenter Inc. for that portion of 9th Street and the Whereas, U.S. 151 is the principle routepublic alley adjacent to City Lots 49 and 50 in the connecting the City of Dubuque and the State ofCity of Dubuque, Iowa as shown on Exhibit "A" Iowa with the South Central and Eastern portionsattached hereto. of Wisconsin.Section 2. That the City Clerk be and is hereby NOW, THEREFORE, BE IT RESOLVED BYauthorized and directed to file a copy of this THE CITY COUNCIL OF THE CITY OFresolution in the office of the Recorder, in and for DUBUQUE, IOWA:Dubuque County, Iowa. Section 1. That the City Council of the City ofPassed, approved and adopted this 18th day of Dubuque endorses the construction of the U.S. 151July, 1994. Dodgeville to Dickeyville four-lane expressway atTerrance M. Duggan, Mayor the earliest possible date.Attest: Section 2. That the City Council of the City ofMary A. Davis, City Clerk Dubuque encourages the Wisconsin MajorCouncil Member Voetberg moved adoption of Projects Commission to give the Dodgeville tothe Resolution. Seconded by Council Member Regular Session, July 18, 1994240 Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. There being no further business, Council Member Nagle moved to adjourn. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Meeting adjourned at 9:34 p.m. Mary A. Davis CMC City Clerk Approved ______________________, 1995. Adopted _______________________, 1995. ____________________________________ Mayor ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Council Members Attest: ____________________________________ City Clerk