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1988 March Council ProceedingsCITY COUNCIL OFFICIAL Regular Session, March 7, 1988 Cotmcfl Met at 7:30 PM., at the Publk Library Auditorium. Present--Mayor Brady, Council Mem- bers Deich, Khiesner, Krieg, Pratt, Simon, Voetberg, City Manager W. Ken- neth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the cai1 and stated this is the REGULAR SESSION of the City Council called for the purpose to act upon such business which may proper- ly come before the Council. PROCLAMATION: Month of April as "Fair Housing Month". RESOLUTION NO. 59-88 HONORING THE LIFE OF GILBERT D. (GIL) CHAVENELLE WHEREAS, Gilbert .David (Gil) Chavanelle was born on September 28, 1911 and died this past February 26, 1988, being Dubuque's City Manager from 1960 until 1979; and WHEREAS, the City of Dubuque was graced with Gil Chavanelle's presence and direction as he strove, with heart and mind and toil to make Dubuque a better place to live; and WHEREAS, Gil and his wife, jorie, who died just a few short months fable, well-liked couple, who cared deep- ly about our City of Dubuque and were profoundly interested in the concerns of its citizens; and WHEREAS, Gli will be long remem- bered for his many contributions to the City in both large and small ways: im- proving the public's confidence in City government, restoring the public's faith in the Council-Manager form of govern- merit, his expertise in budget prepara- tion and responsibility, pushing for Ur- ban Renewal, diligently working 12-15 hou~ days in City Hall, and showing great compassion and concern for the March 7, 1988 73 dt~ens ofourconm~unity,especially the poor and downtrodden. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor, City Coun- cil and City Staff express to the Cha- venalle family their deepest sympathy for the loss of Gilbert D. (Gil) Chavenelle on Friday, February 26, 1988, and assure them that we recognize, appreciate and will always value the unique and ex- emplary service of our past City Manager. Section 2. That the City Clerk is hereby authorized and directed to send a certified copy of this resolution Gil's daughter, Gall Chavenelle, in memory, respect and affirmative recognition of a truly great man. Passed, approved and adopted this 7th day of March, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Momber Simon moved adop- tion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to approve a Conceptual Development Plan for the ID Institutional District for Wartburg Theological Seminary, pre- sented and read. Council Member Kluesner moved to suspend the rules to let anyone present address the Council if they should so desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Pratt, Simon, Voetberg. Nays--None. There were no written objections received and no oral objectors present at the time of the Hearing. 74 Regular Sessior March 7, 1988 Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brad~ Council Members Dcich, Kinesner, Krieg, Pratt, Simon Voetberg. Nays--None. ORDINANCE NO. 17-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, THAT THE CODE OF ORDINANCES, CITY OF DU- BUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE "ZON- ING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" TO APPROVE A CONCEP- TUAL DEVELOPMENT PLAN FOR THE ID INSTITUTIONAL DIS- TRICT FOR WARTBURG THEO- LOGICAL SEMINARy said Ordinance having been presented and read the Council Meeting of February 15, 1988, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 17-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, THAT THE CODE OF ORDINANCES, CITY OF DU~ BUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERE- OF, ALSO KNOWN AS THE "ZON- ING ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" TO APPROVE A CONCEP- TUAL DEVELOPMENT PLAN FOR THE ID INSTITUTIONAL DIS- TRICT FOR WARTBURG THEO- LOGICAL SEMINARY. WHEREAS, Wartburg Theological Seminary, owner and applicant, has fil- ed a Conceptual Development Plan for certain properties hereinafter described in accordance with the provisions of the ID Institutional District regulations as set forth in Section 3-5.2 of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission has held a Public Hearing on said Conceptual Development Plan pursuant to required published notice; and WHEREAS, the Planning and Zoning Commission has approved said Concep- tual Development Plan subject to specific conditions and restrictions hav- ing found that said Plan conforms with the review standards applicable to such plans as set forth in Section 3-5.2D(4) of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission recommended the concur- fence of the City Council in approval of said Conceptual Development Plan; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and held its own Pabfic Hearing on said Con- ceptual Development plan pursuant to required published notice; and WHEREAS, the City Council has ap- proved said Conceptual Development Plan subject to the same specific condi- tions and restrictions. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordinances of the City of Dubuque, Iowa be amend- ed by revising Appendix A thereof, also known as the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa", hereby adopting and approving the Conceptual Development Plan for the following described property, to wit: Lot 1 of Lot I of Lot 64 of Simp- son's Addition, Lot I of Lot 1 of Mineral Lot 141, Lot 1 of Lot 2 of Mineral Lot 141, Lot 2 of Lot 1 of Mineral Lot 132, the balance of Lot 1 of Lot 3of Mineral Lot 141, Lot 1 of Lot 4 of Mineral Lot 141, Lot 1 of Lot 1 of Lot i of Mineral Lot 140 and Lot 2 of Lot 1 of Lot I of Mineral Lot 140 and Lot i of Lot 1 of Mineral Lot 132 and the center line of the adjoin- lng public right-of-way, all in the City of Dubuque~ Iowa. Section 2. That in order to accomplish the purposes of the ID Institutional District and the Zoning Ordinance, the property herein above described is Regular Sessio~ subject to the following conditions and restrictions: A. Use Regulations. The following regulations shall apply to all uses made of land in the above described ID Institutional District: 1) Principal permitted uses shall be limited to the following: a) Colleges and Universities [45]. b) Vocational Schools [45]. c) Seminaries [45]. d) Offices for administrative person- nel or other institutional em- ployees or affiliates [14]. e) Churches [7], libraries, and museums [13]. f) Classrooms, laboratories, lecture halls, auditoriums and similar places for institutional assembly [45]. g) Off-street parking and loading [NA]. h) Recreational or athletic facilities for the primary use and benefit of institutions/residents or affil- iates [45]. i) Single-family, two-family [11] or multi-family dwellings for the housing oI institutional residents or affiliates [9]. 2) Accessory uses. The following uses shall be permitted as accessory uses in the above described ID Institutional District: a) Alluses customarily incidental to the principal permitted use in conjunction with which such ac- cessory uses operated or main- tained, but not to include com- mercial uses outside the prin- cipal building. 3) No conditional uses will be allowed. B, Lot and Bulk Regulations. Development of land in the ID Institu- tional District shall be regulated as follows: 1) Required front yard setback: 20 feet. 2) Following required side yard set- back: 10 feet plus 2 feet per story over March 7, 1988 75 the first where abutting a residential or office residential district. 3) Following required rear yard set- back: 10 feet plus 2 feet per story over the first where abutting a residential or office residential district. 4) Building height for aingle-famlly, two-family or multi4amily dwelling shall be a maximum 30 feet. C. Site Development Standards. The site development standards for this ID Institutional District shall be established as follows: 1) The landscaping and screening re- quirements shall be established in accor- dance with the requirements of Section 4-5 of the Zoning Ordinance of the City of Dubuque, Iowa. 2) All other site development stand- ards of Section 4-4 shall apply. D) Parking Requirements. The off-street parking requirements for the principal permitted uses for the herein described ID Institutional Dis- trict shall be designated by a bracket - enclosed number next to the use, as herein described: Parking Group [7] 1 space for each 4 permanent seats [9] 1.5 spaces for each dwelling unit [11] 2 spaces for each dwelling unit [18] 1 space for each 500 sq. ft. of floor area accessible to the general public [14] 1 space for each 400 sq. ft. devoted to office use or i space for each employee on the maximum shift, whichever is greater. [45] Dormitories - 1 space for each bed Gymnasiums - i space for each 6 perma- Lecture Halls - i space for each 6 per- Employees - .75 spaces for each employee on the maximum shift F. Time Limitation. The timetable for construction and submittal of a Final Site Development Plan shall be estebllshed in conformance with following standards: _Regular Session March 7, 1988 1) The Conceptual Development Plan shall be valid for a period of five (5) years, provided the Final Site Develop- ment Plan is submitted within one year from the date of approval. 2) Construction of a duplex on the east site will commence prior to August, 1988. 3) The construction of sidewalks, roads and landscaping on the east site will occur by November, 1988. 4) The daycare center will be con- strutted by 1993, with the inclusion of parking, made and landscaping. 5) The construction of the duplexes on the west site will commence prior to December, 1989. 6) Site development on the west site will occur prior to December, 1989. G. Transfer of Ownership. Transfer of ownarehip or lease of pm. party as an ID Institutional District shall include in tho Transfer or Lease Agreement, a provision that the Imf- of the conditions authorizing the estab- lishment of the district. Seetion 3. A Final Site Development Plan shall be approved by the City Development Planner. If fonnd to be in conformance with the approved Concep- tual Development Plan, the issuance of any necessary permits shall be permit- ted, Following approval of a Final Site Development Plan, no construction may take place except in substantial con. refinance with such Plm~ Pasesd, approved and adopted this 7th day of Mor~h, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Published officially in the Telegraph Herald nowpeper tins 14th day of March, 1988 Mary A. Davis City Clerk It 3/14 Council Member Kluesner moved final adoption of the Ordinance Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klueenar, Krieg, Pratt, Simon, Voetberg. Nays--None Proof of publication, certified to by the Publisher, on Notice of Public Hearing to amend Zoning Ordinance to provide for Waterfront Districts and to provide regulations for signs in Waterfront Districts, presented and read. Council Member Simon moved that the proof of publication be received and~ filed. Seconded by Council Member Pratt. Carried by the following vote~ Yeas--Mayor Brad~, Council Members Dalch, Kluesner, Krieg, Pratt, Simon, Voetbarg. Nays-None. Communication of Jeff Trannel, representing Dubuque Twine Co,, Du- buque Tank Terminal (2 locations) and Inland Molasses Co., detailing the pasi. tion of these businesses with respect to the pmpceed Amendment to the Zoning Ordinance, to establish the WF Dis- tricts, presented and mad. Coaned Member Detch moved that the communication be received and filed, Seconded by Cotmefl Mzmhar Pratt, Ca~ ried by the following vote: Yeas--Mayor Brady, Council Members Defoe Kluas- nar, Krleg, Pratt, Simon, Voetbarg, Nays--None. Attorney S~e Juargcoz, representing Adams Co,, Dubuque Barge & Fleeting, Fischer, Inc,, Mole Co,, Pillsbury Col Wayne Norman of Dubuque County Historical Society and ODDC~ Attorney Jeff ~humal representing Dubuque Tank Terminal, Dubuque ~ Co, and Iuland Molasses: Dan Dedgei Ban Grean~ Ken Niohaisan; Attorney John O'Connor on behalf of Mole Oil Co; Bob Rnndx Stevan Hardis, Chairperson of Planning & Zoning Commissiom ~ Harag, Bob Mole, John Nisb~l~ John Kramar, Gerald Guy all addressed the Council mgerding the proposed Ordinance. Au ORDINANCE Amending Zoning Ordinance of the City by enacting a new Section 3-5.4 Wateffron~l District, New Section 3-6.5 Waterfront-2 Dis~rict, New Regular Session Section 3-5.6 Waterfront-3 District and by amending Section 4-3.11 to provide regulations for signs in the waterfront Districts (1st reading only given at meeting of 2-15-88), presented and read. Council Member Simon moved that they waive the rules requiring throe sap- amte readings of the Ordinance and final adoption of the Ordinance. Seconded by Council Member Pratt. No Vote taken on the Motion. Council Member Pratt mov- ed that the matte!' be deferred to Coun- cil and table it until able to meet with other partners concerned. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesne~ Krieg, Pratt, Voetberg. Nays--Council Member Simon. Proof of publication, certified to by the Publisher, on Notice of Public Hearing by reclassifying properties at 3051, 3055 and 3077 Brunsklll Road from Itl to C-3 General Commercial District; Communi- cation of City Manager submitting background information regarding rezoning of properties on Bmnskill Road, presented and read. Council Member Krieg moved that the proof of publication and communication be received and filed. Seconded by Coun- cil Member Platt. Carried by the follow- ing vote: Yeas--Council Members Deick Klueaner, Krieg, Pratt, Voetberg. Nays--Mayor Brady, Council Member Simon. An ORDINANCE Amending Zoning Ordinance and Zoning Map by reclass- ifying described property at 3051, 3055 and 3077 Brunskill Road from R-1 Single-Family Residential District ts C-3 General Commercial District (lst reading only given at meeting of 2-15-88), presented and read. Council Member Krieg moved that this be considered the first reading of the Ordinance, and that the require- ment that a proposed Ordinance bo con- sidered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adop- tion of the Ordinance. Seconded by Council Member Pratt. Vote on the mo- tion was as follows: Yeas--Canncll March 7, 1988 77 Members Delch, Kluesner, Krieg, Pratt, Voetberg. Nays--Mayor Brady, Council Member Simon. MOTION FAILED DUE TO LACK OF 3/4 VOTE. John Herrig representing Randy Mills; Randy Mills, Roger Witt, addressed the Council requesting favorable zoning. Mayor Brady moved that the Zoning Board of Adjustment find a non- conforming use available. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesne~; Pratt, Simon, Voetherg. Nays--Council Mem- ber Krieg. Communication of City Manager re- questing Council approval to Keyline's Consolidated FY'89 State Transit Assistance Application and its FY'89 Program of Projects seeking operating, capital and planning funding from the Urban Mass Transportation Administra- tion and to set a date of public hearing for same, presented and read. Council Member Kluesner moved that the communication be received and fil- ed and set Hearing for April 18, 1988 at 7:30 p.m. in the Public Library Audi- torium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Daich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Kluesner, Krieg, Simon, Voetberg. Nays--None. RESOLUTION NO. 60-88 RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Trans: portation is authorized to make grants for a mass transportation program of projects; WHEREAS, the contract for financial assistance will impose certain obliga- tions upon the applicant, including the provision by it of the local share of the project costs in the program; 78 Regular Session March 7, 1988 WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connec- tion with the filing of an application for assistance under the Urban Mass Trans- portation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder and WHEREAS, it is the goal of the ap- plicant that minority business enterprise be utilized to the fullest extent possible in connection with these projects, and that definitive procedures shall be established and administered to ensure that minority business shall have the maximum construction contract, sup- plies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is authorized to execute and file applications on behalf of the City of Dubuque with the U.S. Department of Transportation to aid in the financing of an operating assistance project and the capital financing for the remanufacture of four 35' buses, the purchase of one replacement handicapped accessible mini bus, the purchase of one computer printer and miscellaneous shop equip- ment and the planning assistance pro. ject to aid the local MPO pursuant to Section 9 of the Urban Mass Transpor- tation Act of 1964, as amended. Section 2. That the Mayor of the City of Dubuque is authorized to execute and file with such applications an assurance or any other document required by the U.~ Department of Transportation effec- tuating the purposes of Title VI of the Civil Rights Act of 1964. Section 3. That the Transit Manager is authorized to furnish such additional information as the U.S. Department of Traneportation may require in connec- tion with the application for the program of projects. Section 4. That the Mayor of the City of Dubuque is authorized to set forth and execute affirmative minority bus- iness policies in connection with the pro- gram of projects' prccurement needs. Section 5. That the East Central tergovernmental Association is authoriz- ed and directed to execute an application on behalf of the City of Dubuque with the U.S. Department of Transportation, to aid in the financing of planning assistance projects pursuant to Section 9 of the Surface Transportation Aesis: tance Act of 1982 and the Mayor is authorized and directed to execute with such an application a supplemental agreement as required. Section 6. That the Mayor of the City of Dubuque is authorized to execute grant ngreements on behalf of the City of Dubuque with the U.S. Department of Transportation for aid in the financ- ing of the operating/capital/planning assistance program of projects. The undersigned duly qualified and ac- ting Mayor of the City of Dubuque cer- titles that the foregoing is a true and co~ rect copy of a resolution, adopted at a legally convened meeting of the City Council of the City of Dubuque, Iowa, held on March 7, 1988. Passed, approved and adopted this 7th day of March, 1988. James E. Brady Mayor ATTESql. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mombere Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None, RESOLUTION NO. 61-88 RESOLUTION AUTHORIZING THE FILING OF A CONSOL- IDATED GRANT APPLICATION FOR OPERATING AND SPECIAL PROJECTS ASSISTANCE WITH THE STATE TRANSIT ASSIS- TANCE PROGRAM AND AUTHORIZING THE ENTERING Regular Session I~ OF A CONTRACT WITH TI~E IOWA DEPARTMENT OF TRANSPORTATION NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCII OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized to sub: mit and execute pq behalf of the City of Dubuque a consolidated grant applica- tion for 1.8933% of forn~ula funds (ap- proximately $41,653) and $22,181 in Special Projects (Stripper Well balance) assistance to aid in financing the remanufacture of four 35' buses, with the State Transit Assistance Program and is further authorized to enter into a con- tract with the Iowa Department of Transportation for such operating and special projects assistance. Section 2. That the Transit Manager is hereby authorized to furnish such ad- ditionalinformatlon as the Iowa Depart- ment of Transportation may require in connection with such grant application. Passed, adopted and approved this 7th day of March, 1988. James E. Brady Mayor ATTE S~. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluasner, Krieg, Pratt, Simon, Voetherg. Nays-- Nona Communication of City Manager re- questing public hearing be set to dispose of City owned property and the granting of temporary easements to the IA Dept. of Transportation for the relocated 61 Project, presented and read. Council Member Kluesner moved that the communication be receive~l and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. March 7, 1988 79 RESOLUTION NO. 62-88 RESOLUTION OF INTENTION OF THE CITY OF DUBUQUE TO DISPOSE OF CITY'S INTEREST IN REAL ESTATE TO THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the Iowa Department of Transportation and the City of Dubuque entered into an agreement for Freeway 561/Relocated 61 project, agreement identified as IDOT #73-P-024 and ex- ecuted by the City of Dubuque and the Iowa Department of Transportation on March 6, 1973 and April 4, 1973 respec- tively; and WHEREAS, provisions of this agree- ment are that the City shall be respon- sible for providing without cost to the State all right-of-way which involves a) dedicated streets or alleys; b) other City owned properties subject to the condiw tions the State shall reimburse the City for the value of the improvements situated on such City owned property; and WHEREAS~ the Iowa Department of Transportation has requested the City to execute an agreement with the Depart- ment for the rights of access control to U.S. 61 from Station 131 + 45 _+ PL to Station 152+83_+PL, East Side, as shown on the attached plot plan and con- sidered a part hereto for the following described properties. Lots 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 of Rowan's Subdivision of Mineral Lot 36, Lot I of Lot 1 of Mineral Lot 36A, Lot 2 of Lot 6, Lot 2 of Lot 5, Lot 2 of Lot I of Lot 4, Lot i of Lot 2 of Lot 3, Lot 2 of Lot i of Lot 3, Lot 2 of Lot 2 and Lot 2 of Lot i of O'Connor's Sub- division, Lot 2 of Lot 2 of Lot 4, Lot 1 of Lot 3, Lot i of Lot 2 and Lot 1 of Lot I of Mineral Lot 37, all in the City oI Dubuque, Iowa; and WHEREAS, under this agreement it is also understood that the entrance to Murphy Park at Station 135 + 55 ± on the east side of U.S 61 will be eliminated; and WHEREAS, it is also understood that the City of Dubuque grants the Iowa 80 Regular Session March 7, 1988 Department of Transportation a tem- porary easement on parts of Lots 11, 12, 13 and 14 of Rowan's Subdivisinn of Mineral Lot 36 for the purposes of removing an entrance and construction of a cul-de-sac; and WHEREAS, it is further understood that the City will be granting a tem- porary easement to the Iowa Depart- ment of Transportation from Statlon 135 + 00 to Station 136 + 75 a strip 300 feet wide on the east side of U.S. 61 as measured from the centerline of the proposed highway as shown on the pro- ject plans for highway improvements; and WHEREAS, it is understood that these temporary easement shall ter- minate upon completion of the U.S. 61 project. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the City of Dubuque intends to dispose of its interest to the above described real estate and/or the granting of temporary easements to the above described real estate to the Iowa Department of Transportation in con- sideration of mutual benefits of both parties. Section 2. That the City Clerk be and she is hereby authorized and directed to cause a notice to be published as prescribed under Chapter 364.7 - Disposal of Property, Code of Iowa, 1987 or as amended/ Passed, approved and adopted this 7th day of March, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution and set the Pabilc Hearing for April 4, 1988. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon. Voetberg. Nays--Nong RESOLUTION NO. 63-88 RESOLUTION OF INTENTIONS OF THE CITY OF DUBUQUE OF DISPOSING OF ITS INTEREST AND GRANTING OF TEMPO- RARY EASEMENTS TO THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the Iowa Department of Transportation and the City of Dubuque entered into an agreement for the Freeway 561/Relocated 61 project agree- ment identified as IDOT #73-P-024 and executed by the City of Dubuque and the Iowa Department of Transportation on March 6, 1973 and April 4, 1973; and WHEREAS, provisions of this agree- ment are that the City shall be respon- sible for providing without cost to the State all right-of-way which involves a) dedicated streets or alleys; b) other City owned property subject to the conditions that the State shall reimburse the City for the value of the improvements situated on such property; and WHEREAS, because of property description corrections necessary for essenfielly the same property as describ- ed in this resolution that was represented in Resolution No. 28-88 in a real estate transfer to the Iowa Department of Transportation adopted by the City Council on February 2, 1988 is hereby rescinded; and WHEREAS, the Iowa Department of Transpor tai;ion has need for and a desire to acquire the following property for the Relocated 61 project. "Part Lot 7 and part Lot 8 of Rewan's Subdivision of Mineral Lot 36, Lot 3 of Mt. Carmel Subdivision; Lot I of Lot 1 of Lot i of Sears and Roebuck Co. Sub- division Na 2; Lot 4 of Lot 1, Lot 5 of Lot I of Randall's Subdivision; Lot 14 of Levi's Addition; Lot 2 of Lot 229 and Lot 4 of Lot 229 in Union Addition; South 40 feet of Lot 2 of Stout's Du- buque; and Lot 2 and Lot 3 of Newman, Coop~ and Smyth's Subdivision; all in the City of Dubuque, Iowa; and WHEREAS, the Iowa Department of Transportation is also requesting the City of Dubuque to grant temporary Regular Session easements on the following described properties for activities associated with the construction of the Relocated 61 pro- ject and,such temporary easements are granted on the premises that the~ shall terminate upon completion of the highway project. From Sta. 12+35 to 12+80, a strip 23 ± ExR/W to 68 ± PL feet wide, East side From Sta. 12+80 to 13+65, a strip 68 ± PL to 76 ± PL feet wide, East side From Sta. 13 + 65 to 14 + 00, a strip 76' PL to 25 feet wide,.East side From Sra. 14+00 to 15+95±R/W, a strip 25 to 30 feet wide, East side From Ste~ 14 + 00 to 15 + 95 ± R/W, all land, West side, as measured from the centerline of Mt. Carmel Road From Sta. 15+44±PL to 16+00. a strip 45 to 34 feet wide, North side From Sta. 16+00 to 17+32-+PL, a strip 34 to 74 feet wide, North side From Sta. 16+00 to 17+32±PL, all land, South side, as measured from the centerline of Valley Street extension From Ste. 11+ 75 ± PL to 12 + 75 ± pL, a strip 65 to 40 feet wide, West side, as measured from the centeriine of South- ern Avenue; and WHEREAS, the Iowa Department of Transportation has requested the rights of direct access to Highway 61 on the following described frontages. From Sra, 158+36±ExR/W to Sra. 159+70±PL ILot 3, Mt. Carmel Subdivision); From Sta. 161+41±PL to Sra. 161 + 83 ± PL (Lot 1 of Lot 1 of Lot 1 of Sears and Roebuck Co. Subdivision) as shown on the attached plot plan and considered a part hereto; and WHEREAS, there are no improve- merits on the property to be acquired by the Iowa Department of Transportation consequently there will be no exchange of money and the property to be deeded to the Iowa Department of Transporta- tion will be deeded in recognition of mutual benefits. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That Resolution #17-88 and March 7, 1988 81 #28-88 adopted on January I8, 1988 and February 2, 1988 are hereby rescinded. Section 2. That the City of Dubuque intends to dispose of its interest in the above described real estate to the Iowa Department of Transportation and also to grant the necessary described tem- parary easements and to grant the iden- tilled frontages for access control to the Iowa Department of Transportation. Section 3 That the City Clerk be and she is hereby authorized and directed to cause a notice to be published as pre- scribed under Chapter 364.7 -- Disposal of Property, Code of Iowa, 1987 or as amended. Passed, approved and adopted this 7th day of March, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution and set public hearing for April 4, 1988. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. Communication of City Manager sub- mitting Ordinance regarding prohibiting parking on the north side of Roosevelt Street Extension from Kerper Blvd. to Kilgore St., presented and read Coundl Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Simon. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. An ORDINANCE Amending the Code of Ordinances by adding Roosevelt Street Extension to subsection (d) of Sec- tion 25-257 thereof providing for the pro- hibiting of parking on Roosevelt Street Extension, presented and read. said Or- dinance having been presented and read at the Council Meeting of 2-15-88, )resented for further action. 82 Regular Session March 7, 1988 Council Member Kfueaner moved that tiffs be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- ber Deich. Vote on the motion was as follows: Yeas--Council Members Deich, Kluesner. Nays--Mayor Brady, Council Members Krleg, Pratt, Simon, Voetherg. MOTION FAILED--ORDINANCE NOT ADOPTED. Mayor Brady moved to draft a tougher Ordinance which would encompass prohibition of block- ing Fire Doors and Fire Hydrants. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesner, Krleg, Pratt. Simon, Vootberg. Nays--Non~ Council recessed at 10:48 P.M. Council reconvened at 10:50 P.M. Communication of City Manager recommending to deny the request of Wm. Daugherty for the vacating of the unused portion of qbnth St. right-of-way between Locust St. and Bluff St., with- drawn at the request of the Petitioner. Communication of City Manager re- questing approval to amend the Con- tribution Agreement between the City and E.C.I.A. Business Growth, In~, presented and read. Council Member Kinesner moved that the communication be received and fil- ed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 64-88 RESOLUTION APPROVING AN AMENDMENT TO THE CON- TRIBUTION AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND E.C.I.A. BUSINESS GROWTH, INC., DATED NOVEMBER 19, 1984, FOR THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT ADMINISTRATION REVOLVING LOAN FUND AND AUTHORIZING AND DIRECTING THE MAYOR TO SIGN SAID AMENDMENT TO AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA AND RESCINDING RESOLUTION NO. 48.88. WHEREAS, the City of Dubuque and E.C.I.A. Business Growth, Inc~ have jointly received an additional grant from the Economic Development Administra- tion to recapitalize a local revolving loan fund for business job creatinn/retentinn loans; and WHEREAS, the City's participation in the EDA Grant is formalized by the amendment to Contribution Agreement attached hereto and by this reference made a part hereof; and WHEREAS, the City Council of the City of Dubuque desires to participate with E.C.I.A. Business Growth, Inc. in vecapitalizing a local revolving loan fund. WHEREAS, the City Council by Resolution 48-88 did approve a contribu- tion of $40,000 additional funds toward recapitalization and was subsequently advised by E.C.I.A. Business Growth, Ina that the City's contribution need on- ly be in the amount of $33,338.00 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That the attached EDA Revolving Loan Fund Contribution Agreement between the City of Du- buque, Iowa and E.C.I.A. Business Growth, Inc. be amended to include the commitment of an additional contribu- tion of $33,333.00 towards the recapi- talizatinn of the Revolving Loan Fund is hereby approved. Section 2. That the Mayor is hereby authorized and directed to sign the Con- tribution Agreement on behalf of the City of Dubuque, Iowa. Section 3. That Resolution No. 48-88 be and it is hereby rescinded. Passed, approved and adopted this 7th day of March, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner Krieg, Pratt, Simon, Voetberg. Nays-- Nona Communication of City Manager re- questing that ECIA Business Growth, Inu be authorized to loan $60,000 from the City's portion of the EDA Revolving Loan Fund to Carlisle Communication~ Ltd., presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich Kluesner, Krieg, Pratt, Simon, Voctberg. Nays--None. RESOLUTION NO. 65-88 A RESOLUTION AUTHORIZING ECIA GROWTH, INC. TO LOAN $60,000 FROM THE CITY OF DUBUQUI~S PORTION OF THE EDA REVOLVING LOAN FUND TO CARLISLE COMMUNICA. TIONS, LTD. WHEREAS, the City of Dubuque has funded a portion of the local match of an EDA Revolving Loan Fund (RLF which is administered by ECIA Busi- ness Growth, Inc.; and WHEREAS, Carlisle Communica- tions, Ltd. has requested a loan of $60,000 from the RLF towards the con- struction of a new facility; and WHEREAS, ECIA Business Growth, Ina has requested the City of Dubuque authorize it to loan Carlisle Communica- tions, Ltd. funds from the City of Du- buque's portion of the RLF; and WHEREAS, the City Manager and staff have reviewed the Carlisle Com- munications, Ltd. project and have recommended that the City support said project. Regular Session March 7, 1988 83 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That ECIA Business Growth, Inu is hereby authorized to loan to Carlisle Communications, Ltd. $60,000 from the City of Dubuque's por- tion of the EDA Revolving Loan Fund. Section 2. That the City Clerk is hereby directed to notify ECIA Business Growth, Inc. of said authorization by transmitting a certified copy of this Resolution. Passed, approved and adopted this 7th day of March, 1988. James E. Brady Mayor ATTESq!. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Pratt, Simon, Voetberg. Nays-- None. Communication of City Manager re- questing variance from pricing structure for Dubuque Industrial Center, pre- sented and read. Council Member Kinesner moved that the communication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dalch, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 66.88 A RESOLUTION CONSENTING TO A VARIANCE FROM THE PRIC- ING STRUCTURE OF DISPOSI. TION SITES IN THE DUBUQUE INDUSTRIAL CENTER. WHEREAS, the City Council and the City of Dubuque, Iowa and Dubuque In- Futur~/nc. have entered into a Memo- randum of Agreement, dated August 17, 198I; and 84 Regular Session March 7, 1988 WHEREAS, Section 6 of the afore- mentioned Memorandum of Agreement provides the followln~.. 6"...The CORPORATION shall not enter into contracts or agreements for the disposition of industrial sites in the project at less than fair market value thereof without the written consent of the CITY in each case."; and WHEREAS, the City Council adopted Resolution N(~ 82-85 dated March, 15, 1985 establishing the pricing structure of disposition sites in the Dubuque In- dustrial Center; and WHEREAS, the Board of Directors of Dubuque In-Future, Inc. has requested City Council consent to dispose of a site to Carlisle Communications, Ltd. in Dubuque Industrial Center at less than fair market value as set forth in Resolu- tion No. 82-85. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby finds and determines that a public purpose is to be served by the sale of a certain site in the Dubuque Industrial Center to Carli- sle Communications, Ltd. at less than fair market value, as established in Resolution No. 82-85. Section 2. That the Board of Directors of Dubuque In-Future, Inc. is hereby authorized to sell approximately 4.67 acres at $.44 per square foot in lieu of $.68 per square foot base price establish- ed by Resolution No. 82-85. Section 3. That this Resolution shall constitute the written consent of the City of Dubuque to the disposition of an industrial site in the Dubuque Industrial Center at less than fair market value as required by Section 6 of the Memoran- dum of Agreement between the City of Dubuque and Dubuque In-Future, Inc. Passed, approved and adopted this 7th dayof March, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesnor moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Pratt, Simon, Voetherg. Nays-- None. Communication of City Manager sdi~- mitting an Ordinance correcting Or- dinance No. 7-88 by adding parking re- quirements, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Krieg, Pratt, Sin~on, Voetberg. Nays--None. ORDINANCE NO. 18-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING ORDI- NANCE OF THE CITY OF DU- BUQUE, IOWA", BY REPEALING ORDINANCE NO. 7-88 THEREBY REPEALING SECTION 3-3.2B(43) AND ENACTING A NEW SECTION 3-3.2B(43) OF THE C-2 NEIGHBOR- HOOD SHOPPING CENTER DIS- TRICT TO ALLOW BUSINESS SER- VICES, EXCLUDING SIGN PAINT- lNG, AS A PRINCIPAL PERMIT- TED USE WITH APPLICABLE OFF- STREET PARKING REQUIRE. MENTS, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 18-88 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOE ALSO KNOWN AS THE "ZONING ORDI- NANCE OF THE CITY OF DU- BUQUE, IOWA", BY REPEALING ORDINANCE 7-88 THEREBY RE- Regular SessionMarch L 1988 PEALING SECTION 3-3.2B(43) AND ENACTING A NEW SECTION 3-3.2B(43) OF THE C-2 NEIGHBOR- HOOD SHOPPING CENTER DIS- TRICT TO ALLOW BUSINESS SER- VICES, EXCLUDING SIGN PAIN- TING, AS A PRINCIPAL PERMIT- TED USE WITH APPLICABLE OFF- STREET PARKING REQUIRE- MENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amend. ed by revising Appendix A thereof, also known as the "Zoning Ordinance of the City of Dubuque, Iowa", by repeal/ng O~ dinance 7-88, thereby repealing Section 3-3.2B(43) and enacting a new Section 3-3.2B(43) thereof, as follows: 3-3.2 C-2 Neighborhood Shopping Center District B. Principal Permitted Uses "(43) Business services, excluding sign painting [29]" Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, Approved and adopted this 7th day of March, 1988. James E. Brady Mayor ATTESq!. Mary A. Davis City Clerk Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- ber Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Kcieg, Pratt, Simon, Voetberg. Nays--None. Communication of City Manager sub- mittlng an Ordinance repealing Section 85 33420 of the City Code relating to the use of the proceeds of a Local Vehicle qhx, presented and read. Council Member Klueaner moved that the communication be received and fil- ed. Seconded by Council Member Deich. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. ORDINANCE NO. 19-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 33-120 ELIMINATING A PROVISION RELATING TO THE USE OF A LOCAL VEHICLE TAX, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 19-88 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 33-120 ELIMINATING A PROVISION RELATING TO THE USE OF A LOCAL VEHICLE TAX NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordinances of the City of Dubuque, Iowa, be amend- ed by repealing Section 33-120 thereof. Passed, approved and adopted this 7th day of March, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Khiesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem- 86 Regular Session March 7, 1988 bur Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Pratt, Simon, Voetberg. Nays--None. A verbal petition of the City Clerk re- questing disposition of an Ordinance which was tabled at the meeting of August 17, 1987 regarding crea~ing a Citizen's Street Advisory Committee. Council Member Kfuesner moved that the Ordinance be removed from the table and received and filed. Seconded by Council Member Dalch. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kfuesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. Communication of City Manager sub- mitting documents necessary for the development and disposition of Urban Renewal site located east of Five Flags, presented and read. Council Member Khiesner moved that the communication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brad:~ Council Members Daich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 67.86 RESOLUTION APPROVING 1~ The Fair Market Value of Urban Renewal Plan Disposition Lot Num- ber 4-2; and 2) The Minimum Requirements, Com- petitive Criteria, Offering Documents and Procedures for the Dispostion of Said Parcel, and 3) The Solicitation of Proposals for the Development of a Hotel and Parking Facility on Said Parcel. WHEREAS, the City of Dubuque, Iowa, did on May 18, 1967, adopt an Ur- ban Renewal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R-15 (hereinafter referred to os the "Plan"); and WHEREAS, such Plan has been amended from ~ime to time to permit the City to respond to development oppor- tunities as and when they may appear; and WHEREAS, the City Council finds that it is in the public interest to utilize Disposition Parcel Number 4-2 for the development of a hotel and parking facility', and WHEREAS, the City Council holds ti- tle to the property being offered and believes that the purchase price of $110,000.00, established by an indepen- dent appraiser, is the true fair market value of the parcel; and WHEREAS, the City Council finds that a grant of easement through the hotel proper is required to insure public access between the Five Flags Center and the proposed parking facility; and WHEREAS, in order to establish reasonably competitive bidding pro- cedures for the disposition of the proper- ty in accordance with the statutory re- qniremente of Chapter 403, Code of Iowa, 1987, and to assure that the City extends a full and fair opportunity to all. developers interested in submitting pro- posaie, an Information and Instructions for Proposals packet, summarizing sub- mission requirements, minimum design and construction requirements and establishing the competitive criteria for the property has been prepared and is attached hereto as Exhibit A and by this reference is made a part hereof; and WHEREAS, the City Counc'd believes that it is in the best interest of tko City to act as expeditiously as possible to of- for this property for development as set forth herein. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following legally described property knourn as Disposition parcel Number 4-2 shall be offered for disposition for development in ac- cordance with the terms and condi- tions contained in this Resolution, to wit: Block 14 in "DUBUQUE DOWNTOWN PLAZA", in the City of Dubuque, Iowo, according to the Plat thereof, recorded as Instrument N(~ 6305-73, Records of Dubuqup County, Iowa. Regular Session March 7, 1988 Section 2. That the Cost to purchase said parcel shall be $110,000.00 The cost to lease said parcel shall be $11,000.00 per year with rent adjustments occur- ring every five years. Section 3. That the Cost to purchase required grant of easement through the hotel proper shall be the lesser of $100,000.00 or twenty percent of the cost to construct said spacg The cost to lease said easement shall be the lesser of ten percent of the cost to construct said space or $10,000.00 with rent adjust- ments occurring every five years. Section 4. That it is hereby determin- ed that, in order to qualify for considera- tion for selection, each developer must submit a proposal which meets the following requirements. The minimum design and construction standard~ which shall be utilized in the develop- ment of said proposal are detailed in th, "Information and instructions" packet attached hereto as Exhibit A. Eligible proposals must: Provide for the development of a hotel with a minimum of 150 guest rooms; and Provide for the development of a public parking facility with a minimur~ of 230 parking spaces; and provide for the development of at- tractive and visually and physic- ally accessible pedestrian-oriented public spaces; and Provide for the development of an enclosed pedestrian connection between the hotel, the parking facility and the City of Dubuque's Five Flags Center; and Include a construction schedule in which construction shall com- mence within ninety (90) days of the conveyance of the develop- ment rights to said parcel and shall be completed within eigh- teen 118) months of the date of conveyance; and provide a market study which demonstrates the feasibility of the proposal. The development's abil- ity to satisfy the present needs of the available market and its abil- ity to capture its fair share of future demand must be demon- strated. The market study must also identify the particular pro- ject amenities and design features which will enhance its market- ability; and Include demonstrative evidence of the financial capability of the developer to commence and com- plete the proposed project within eighteen (18) months of the date of conveyance of development rights to the parcel; and Include a narrative detailing the past experience of the developer's principals, manogement team and outside consultants in the devel- opment and operation of projects of a scale and character similar to that proposed; and Provide for the transfer of owner~ ship of the completed parking facility, public space, pedestrian connection and the land upon which they are located, to the Ci- ~ty of Dubuque for an amount not to exceed $2.3 million; and Include a Statement of Intent to enter into a lease agreement with the City of Dubuque, the purpose of which is in insure the availabfll- ty of a minimum of one hundred (100) parking spaces for hotel guests; and Include a Statement of Intent to enter into a Grant of Easement agreem~t with the City of Dubu- qua Said easement is to be put- chased by the City on a perosnt~o,e cf cost basis not to exceed $100,000 or, ff leased, for an amount not to exceed $10,000 per annum; and Include a Statement of Intent to enter into an agreement with the City of Dubuque which estab- lishes a minimum assessment for the development for that period of time necessary to retire the debt service of the Urban Renewal Tax Increment Bonds or other debt instrument issued on behalf of the project. 88 Regular SessionMarch 7, 1988 Section 5. That is hereby determined that each proposal submitted which satisfies the minimum requirements, as determined by the City Council, shall be reviewed on the basis of the strength of such proposal as judged by the follow- ing competitive criteria: Quakty of the Proposed Development: (1) The total cost of the project and the hard costs per square foot of each ele~ ment of the project. (2) The types of materials to be us- ed in the construction of the hotel's terior and exterior and in the adjoining parking facility. (3) Overall project amenities. (4) The quality of the national fran- chise obtained in conjunction with the project. Architectural Design of the Proposed Development: (1) Tbe compatibility of the deaign with adjacent structures, vistas, pedes- trian traffic, vehicular activities and future development of adjacent blocks. (2) The functional design of the site the structures and all public spaces. (3) The aesthetic quality of the development and its sensitivity to the architectural heritage of adjacent properties. (4) The type, size and arrangement of facades along each street frontage. Economic Feasibility of the Proposed Development: (1) The feasibility of the proposed development based upon its respon- siveness to identified market needs and the extent and the nature of the mar- keting effort proposed. (2) The economic return to the com- munity provided by the proposed devel- opment, including but not limited to, tbe property and sales taxes generated, the number of jobs provided, and the en- couragement of similar and related development in the downtown area. (3) The ability of the prospective developer to finance and complete the project as proposed. (4) The financial impact of the pro- posed development upon the City's operating budget and capital improve- ment plan, particularlly as it relates to the management and maintenance of the required parking facility and public space. Section 6. That the official notice of this offering shall be a true copy of this Resolution, but without the attachments referred to herein. Section 7. That the City Clerk is authorized and directed to secure ira- mediate publication of said official notice in the Telegraph Herald, a newspaper having a general circulation in the com- munity, by publication of the text of this Resolution or or before the 9th day of March, I988. Section 8. That written proposals for the development of the property will be received at the Office of the City Clerk, City Hall, Thirteenth Street and Central Avenue, Dubuque, Iowa 52001 at or before 10:00 A.M., May 6, 1988. Each proposal will then be puinicly opened at the hour of 10:00 A.M. in Conference Room B, City Hall, Dubuque. Iowa on May 6, 1988. Said proposals will be presented to the Review Committee, comprised of the City Council as a whole, during a public meeting to be held in the third floor Auditorium, Carnegie-Stout Library, 11th and Bluff Streets, Du- buque, Iowa at 7:00 P.M. on May 11, 1988. The City Council will make a ten- tative selection at 7:30 P.M. on May 16, 1988, during a public meeting to be held in the third floor Auditorium, Carnegie- Stout Library, llth and Bluff Streets, Dubuque, Iowa. Section 9. That all proposals shall be in substantial compliance with the pro- visions of Section 403.8, Code of Iowa, 1987 requiring "reasonable competitive bidding procedures" as same are herein prescribed which methed is hereby deter- mined to be the appropriate method for making the property available for dis- position. Section 10. That the required docu- ments for the submission of a proposal Regular Session. March 7, 1988 89 shall be in substantial conformity with ~he provisions of this Resolution and shall include those forms and documents listed in the Information and Instruc- tions for Submission of Proposals, at- tached hereto as EXHIBIT A. Section 11. That a meeting, the pu~ pose of which is to clarify submission procedur~, to respond to developer ques- tions, and to provide assistance in the formulation of proposals shall be held at 10:00 A.M., March 23, 1988 in Confer- ence Room B, Second Floor, City Hall, Dubuque" Iowa. Other inquiries must be made in writing prior to April 13, 1988 and will be responded to in writing. Copies of said inquiries and the written responses will be distributed to all developers. Section 12. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals according to the pro, cedure herein above specified and to for mally acknowledge receipt of each of such proposals by noting the receipt of same in the minutes of the Council Tha the City Manager be and is hereby authorized and directed to make pro~ liminary analysis of each such proposal for compliance with the minimum re- quirements established by tins Council herein above. ,For each proposal which satisfies these requirements, the Review Committee, comprised of the City Coun- cil as a whole" shall judge the strength of the proposal by the competitive criteria established herein. The City Council shall then make the final evalua- tion and selection of the proposals dur- ing their regularly scheduled meeting. Passed, approved and adopted tins 7th day of March, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Kronfeldt, Manning. Nays-- Nona Council Member Krieg requesting discussion regarding contents of a new subdivision ordinance, After discussion, Council Member Simon moved that this matter be referred to the City Manager and staff. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--Counail Member Deich. BOARDS AND COMMISSIONS AIRPORT COMMISSION: One unex- p/red term which will expire 9-14-92. Tel;m of F. Bertsch) Applicants: Mark O. Schuppener & R/chard Werteberger, Craig Resa Vote on the appointment was as follows: Mayor Brady voted for Wet tz- berger, Council Member De/ch voted for Wertzberger. Council Member Kluesner voted for Wer tzberger. Council Member Krieg voted for Wertzberger. Council Member Pratt voted for Werteberger. Council Member Simon voted for Wer tz- berger. Council Member Voetberg voted for Wertzberger. Therefore, Richard Wertzberger appointed to the Airport Commission to fill an unexpired term which will expire 9-14-92. LIBRARY BOARD OF TRUSTEES: One unexpired term which will expire 7-1-89 (term of G. Hammond). Appli. cants: Edward J. Harmon, Jean F. Hunter, Floyd O. Rundla Vote on the ap* palntment was as follows: Mayor Brady voted for Rundia Council Member Deich voted for Harmon. Council Member Kluesner voted for Harmon. Council Member Krieg voted for Harmon. Coun- cil Member Pratt voted for Hannon. Council Member Simon voted for Han- non. Council Member Voetberg voted for Rundla Therefore, Edward Hannon, M.D. appointed to fill an unexpired term which will expire 7-1-89. RESOLUTION NO. 68-88 BE IT RESOLVED by the City Coun- cil of the City of Dubuque" Iowa, that the following having complied with the pro- visions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigaret- tes and Cigarette Papers within said City. Mister Donut (My-Cap) Norton Fast Foods Inc. 900 Dodge St. 90 Regular Sessi?_____n ThunderBird's of Dubuque, Ltd. (My-Cap) 600 Iowa St. Passed, approved and adopted this 7th day of March 1988. James E. Brady Mayor ATTES~ Mary A Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. RESOLUTION NO. 69-88 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were inspected and found to comply with the Ordi- nances of this City and have filed prop- per bond; NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque~ Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Rigal of Iowa Godfather's Pizza 1575 J.F.K. (Also Sunday Sales) Common Stock Trust of Ellis I Levitt & Central Management Corp. Long John Silver's #10 1500 J.F.K. (Also Sunday Sales) Gerald Kirchberg Cubby Bear 3203 Jackson CLASS "C" BEER PERMIT Moin Oil Co. Big "10" Mart 2100 J.F.K. (Also Sunday Sales) March 7, 1988 Earl Edmund Schumacher Oky Doky Foods #5 2204 Central (Also Sunday Sales) Will-Co In~ Oky Doky Foods #10 805 West 5th IAlso Sunday Sales) CLASS "BE" BEER-WINE PERMIT Nash Finch Company Econofoods #471 3355 J.F.K. Circle (Also Sunday Sales) Joseph E. Rosin Kegger Beer Store 3412 Pennsylvania (Also Sunday Sales) Miller Nell, Inc. Ruegnitz Drug 1920 Elm St. (Also Sunday Sales) Passed, approved and adopted this 7th day of March 1988. James E. Brady Mayor ATTESq!. Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. RESOLUTION NO. 70-88 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, Tho premises to be oc- cupied by such applicants wore in- spected and found to comply with the State Law and all City Ordinances fcic- rant thereto and they have filed proper bonds; NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued tothe following named applicant(s) a Liquor License. Regular Session, CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE K C & S. CO., Inc. Five Flags 4th and Main (Also Sunday Sales) erin P. Johnson Bottom's Up 1602 Central (Also Sunday Sales) Fraternal Order of Eagles 1175 Century Dr. (Also Sunday Sales) CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Dubuque Historic Improvement Cb 504 Bluff St. (Also Sunday Sales) SPECIAL CLASS "C" (BW) LIQUOR LICENSE David E & Joanna K. Oberbroeclding Eddy Ray's 2660 Dodge (Also Sunday Sales) Passed approved and adopted this 7th day of March 1988. James E. Brady Mayor ATTES~ Mary A. D~vis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Pratt, Simon, Voetberg. Nays-- Non~ Printed Council Proceedings for the month of October, 1987 presented and read. Council Member Kluesner moved tht the proceedings be approved as printed. Seconded by Council Member Pratt. Ca~ tied by the following vote: Yeas--Mayor Brady, Council Members, Deich, Klueaner, Krieg, Pratt, Simon, Voetberg. Nays--Non~ MINUTES SUBMITTED: Airport Commission of 2-9; Cable Community March 7, 1988 91 Taleprngramming Commission of 2-2; Cable TV Regulatory Commission of 2-24; Civil Service Commission of 10-7; Historic Preservation Commission of 2-23; Housing Commission of 2-9; Joint Meeting of Police and Fire Retirement Boards of 2-12; Police Retirement Board of 2-12; Public Library of 2-16; Housing Code of Appeals Bd. of 2-4; Five Flags Commission of 2-15; Planning and Zon- ing Commission of 1-25 and 2-17, presented and read. Council Member Kluesner moved that the minutes be received and filed. Seconded by Council Member Pratt. Ca~ tied by the following vote~ Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Pratt, Simon, Voetberg. Nays--None. NOTICES OF CLAIMS AND SUITS: Gene Geisan in amount of 79.57 for car damages; Interstate Power Co. in amount of $377.83 for property damages; Rick McDonough in est. amount of $73.91 for car damages; Wm. Morehouso in est. amount of $1,727.58 for car damages and personal injuries; Lawrence Oswald in amount of $137.38 for car damages; Gary Schubert in amount of $33 for car damages; Stephen Slattery in amount of $550 for backed- up sewer damages; Diane Unsen in amount of $54 for car damages; Brian Sclflarmann in estimated amount of $169.98 for car damages, presented and read. Council Member Kluesner moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Pratt, Simon, Voetberg. Nays--None~ NOTICES from IA DOT regarding condemnation of certain rights in land for relocated Primary Road U.S. 61 ac- quired from Harold J. Weber, et ux, Miller Electric Supply, Inc., Kenneth Hartig, Pape Grain C~, Frank Hardie Advertising, Inc~ and Donald E. Eng- strom, presented and read. Council Member Kluesner moved that the notices be received and fried. Second- ed by Council Member Pratt. Carried by Regular Session, March 7, 1988 the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner Krieg, Pratt, Simon, Voetberg. Nays-- Nonn Notice of Dismissal in matter of the condemnation of certain rights in land by the DOT for property acquired from David Solomon Co., F.A. Fluckiger, presented and read. Council Member Kluesner moved that the Notice be received and filed. Second- ed by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinasner, Krieg, Pratt, Simon, Voetberg. Nays-- None. Communications of Corporation Counsel recommending closure of follow- ing claims: Car Accident of Allied group .Insurance for Merle Mathis; Personalln- jury of Michele Hammel; Property damage of Interstate Power Co.; Car damage of John Knopf; Sewer back-up of Pauline Lambe; Slip and fall of Shirley McVay, presented and read. Council Member Kinesner moved that the communications be received and fil- ed and approved recommendations. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klues- ncr, Krieg, Pratt, Simon, Voetherg. Nays--None. Communication of Garry Hammond submitting his resignation from the Library Board effective March 12 ptesanted and read. Council Member Pratt moved that the communication be received and filed and accepted with regret. Seconded by Coan- .cil Member Pratt. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--Nane. Communication of City Manager re- questing authorization to release funds for the Carlisle Communications, Ltd. Community Development Block Grant Project, presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 71-88 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR A RELEASE OF FUNDS FOR THE CARLISLE COMMUNICA- . TIONS, LTD. COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT. WHEREAS, the City of Dubuque, Iowa, in conformance with the Envi- ronmental Review Procedures for the Community Development Block Grant Program, convened an Ad Hoc Commit, tee on November 10, 1987 which com- pleted an environmental assessment of the following: Carlisle Communication Ltd. -- Com- munity Development Block Grant Pro- ject; and WHEREAS, pursuant to Resolution Ng 56-88, adopted February 15, 1988, vf a "Finding of No Signifi- cant Effect on the Environment" for the above project was published February 17, 1988 in the Dubuque Telegraph Herald, a newspaper of general circula- tion, and provided for a public comment period until 12:00 Noon on Friday, March 4, 1988; and WHEREAS, public notice of a "Find- lng of No Significant Effect on the En- vironment'' for the project was sent by regular mail to various federal, state and local public agencies and to local news media, individuals and groups known to be interested and believed to be ap- propriate to review such a puhiic notice; and WHEREAS, any and all objections, if ~ to such proposals have been duly considered; and WHEREAS, it is the intent of the City Council to authorize the submission of a request to the U.S. Department of H6uslng and Urban Development for the release of funds to carry out the above-identified project. Regular Session, March 7, 1988 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Environmental Review Record for the project shall con- tinue to remain on file in the Office of the City Clerk where said record may bo examined and copied by an interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to tho U.S. Dopart- metn of Housing and Urban Develop- ment a request for release of fund undertake the said project. Passed, approved and adopted this 7th day of March, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members, Delch, Krieg, Pratt, Simon, Voetherg. Nays-- None. WHEREAS, since April 21, 1986 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and WHEREAS, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 31 of the Code of Ordinances of the City of Dubuque, Iowa, covering ordinances adopted by the City Council of the City of Dubuque, Iowa from June 16, 1987 through September 21, 1987, prepared by the Municipal Code Corporation, Tallahassee, Florida, hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa, be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted tMs 7th day of March, 1988. James E. Brady Communication of City Manager Mayor recommending adoption of Supplement ATTESt. Na 31 to the Code of Ordinances, Mary A. Davis presented and read. City Clerk Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pratt. Car, tied by the following vote: Yeas--Mayor, Council Members Daich, Kluosner, Krleg, Pratt, Simon, Voetberg. Nays-- None. RESOLUTION NO. 72-88 ADOPTING SUPPLEMENT NO. 31 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA WHEREAS, under date of November 17, 1986 the City Council, pursuant to Ordinance 93-86, readopted the Code of Ordinances of the City of Dubuqua Iowa for ordinances adopted up to and in- cluding April 21, 1986; and Council Member Kluesner moved adoption of the Basolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None .Proofs of publication, certiBod to by the Publisher, advising of Grantee Per- formanco Report to HUD for the calen- dar year 1987 is on file at various places in the City; Notice of finding of No Significant Effect on the Environment for the Carlisle Comraualcations, Ltd. Project, presented and read. Coancfl Member Kluesner moved that the proofs of publication be received and filed. Seconded by Council Member Re.__._gular Sessio~ Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Pratt, Simon Voetberg. Nays--Non~ Communication of Planning and Zon- ing Commission submitting review of joint work session with the City Coun- cil held on January 25, 1988, presented and read. Council Member Simon moved that the communication be referred to th~ Council. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Khiesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Communication of Planning and Zon- ing Commission approving final plat of property located at southwest corner of NW Arterial and Chavenelle Road for Dubuque In-Future, presented and read. Council Member Kinesner moved that the communication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Daich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 73-88 A RESOLUTION APPROVING THE FINAL PLAT OF LOT 1-2 OF DUBUQUE INDUSTRIAL CENTE~ FIFTH ADDITION IN THE CITY OF DUBUQUE, IOWA. WHEREAS there has been filed with the City Clerk a final plat of Lot 1-2 of Dubuque Industrial Center Fifth Addi. tion in the City of Dubuque, Iowo; and WHEREAS, said final plat has been examined by the City Planning and Zon- ing Commission and had its approval en- dorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to stetues and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: , March 7, 1988 94 Section 1. That the final plat of Lot 1-2 of Dubuque Industrial Center Fifth Ad- dition in the City of Dubuqug Iowa be and the same is hereby approved, and the Mayor and the City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 7th day of March, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. Communication of planning and Zon- ing Commission approving final plat of Clarke Crest Estates Fourth Addn. located on Dunham Drive and contain- lng Durham Ct., presented and read. Council Member Kluesner moved that the communication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 74.88 RESOLUTION APPROVING THE FINAL PLAT OF CLARKE CREST ESTATES FOURTH ADDITION IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a final plat et Clarke Crest Estates Fourth Addition in the City of Dubuque, Iowa; and WHEREAS, upon said final plat ap- pear streets to be known as Dunham Drive and Durham Court, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said final plat has been examined by the City Planning and Zen: Regular Session, March 7, 1988 ing Commission and had its approval en- darasd thereon; and WHEREAS, said final plat has beer examined by the City Council and they find that the same conforms to the statues and ordinances relating thereto, except the Durham Drive and Durham Court have not been improved; and WHEREAS, the City Council concurs in the conditions Of approval establish- ed by the City Planning and Zoning Commission. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Durham Drive and Dunham Court, together with the easements for public utilities as the same appear upon said plat, be and the same is hereby accepted; and Section 2. That the final plat of Clarke Crest Estates Fourth Addition be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final pint, provided the owners of said property herein named, execute their written acceptance hereto attach- ed agreeing: o~ To reduce all streets to grade and to construct concrete curb and gutter and to hard service Durham Drive and Dunham Court with bituminous con- crete, or with concrete paving with in- tegral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the final plat; c. To install water mains and water service laterals in accordance with plans submitted with the final plat; d, TO install storm sewers and catch- basins in accordance with plans submit- ted with the final plat; e. Toins~ll concrete sidewalks as re- quired by Ordinances, and where directed by the City Engineer and the City Manager; f. To install boulevard street lighting in accordance with City specifications; g. TO construct the foregoing im- provements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approv- ed by the City Manager; h. To construct said improvements, except sidewalks, prior to two (2) years from the date of acceptance of this Resolution; i. To maintain the foregoing im- a period of two (2) years from the date of their acceptance by the City of Dubuque, Iowa; j. To provide the foregoing construc- tion and maintenance at the sole expense of the subdivider, Tschiggfrie Ex- cavating Cb, or future owner; And further provided that said qbchig- gfrie Excavating Co., as owner of said subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event the owner shall fail to execute the acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the date of this Resolution, the provi- sions hereof shall be null and void and the acceptance of the dedication and ap- proval of the final plat shall not be effective. Passed, approved and adopted this 7th day of March, 1988. James E. Brady Mayor ATTESt. Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 74-88 We, the undersigned Edward D. Tschigg- frie, President, and Joan C. Tschiggfrie, Secretary, for Tochiggfrie Excavating having read the terms and conditions 96 Regular Session March 7, 1988 of the Resolution No. 74-88 and being familiar with the conditions thereoi hereby accept the same and agree to the conditions required therein. Dated at Dubuque, Iowa this 9th day of March, 1988. TSCHIGGFRIE EXCAVATING CO. By Edward D. Tschiggfrie, President By Joan C. Techiggfrie, Secretary TO: Mary A. Davis, City Clerk This is to certify that the security pro- vided by the foregoing RESOLUTION NO. 74-88 has been furnished by the Owners. Dated at Dubuque, Iowa this 8th day of March, 1988. W Kenneth Gearhart City Manager Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner Krieg, Pratt, Simon, Voctberg. Nays-- None. Dubuque Jaycee's requesting to con- duct a fireworks display on July 3, 1988 on Volunteer Road between Hawthorne and Lime Streets beginning approx- imately 9:15 p.m., presented and road. Council Member Kluesner moved to approve request subject to coordination with the City Manager. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. Communication of City Manager re- questing an amendment to a Commun- ity Development Block Grant Statement of Intent, presented and read. Council Member Khiesner moved that the communication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 75-88 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO A COMMUN- ITY DEVELOPMENT BLOCK GRANT STATEMENT OF INTENT SUBMITTED TO THE DEPART- MENT OF HOUSING AND UR- BAN DEVELOPMENT FOR CALENDAR YEAR 1988. WHEREAS, under provisions of Title I of Housing and Community Develop- ment Act of 1974, as amended, the City of Dubuque prepared and submitted a Statement of Intent on December 1, 1987 for a Community Development Block Grant; and WHEREAS, the submission has been received by the Department of Housing and Urban Development in the amount of $850,000 for a twelve-month program commencing January 1, 1988; and WHEREAS, the Department of Housing and Urban Development has subsequently advised the City that the entitlement for Calendar Year 1988 is $909,000 and that an amended state- ment of intent should be forwarded to the Department. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tho Statement of In- tent, submitted to the U.S. Department of Housing and Urban Development, for a Community Development Block Grant to the City of Dubuque be amended to reflect the increase of $59,000 authoriz- ed by enactment by Congress of the Ap- propriations Act 1987. Section 2. Th. at The Mayor of the City of Dubuque be and he is hereby authoriz- ed and directed to execute an amend- ment to a Community Development Block Grant Statement of Intent in- creasing the entitlement to $909,000 for submission to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 7th day of March, 1988. Regular Session, March 7, 1988 97 James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution, Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays-- Petition of Attorney Al Hughes, on behalf of Dubuque Tank Terminal Ca, rc- questing an easement or lease on a parcel of property bounded on the north by its existing leased property and on the south side of the railroad tracks, presented and read. Council Member Kluesner moved that the petition be referred to the City Manager for investigation and report. Seconded by Council Member Pratt. Car, ried by the following vote: Yeas--Mayor Brady, Council Members Delch, Klues- ncr, Krieg, Pratt, Simon, Voetberg. Nays--Non~ Communication of City Manager recommending approval of an amend- ment to the Section 8 Existing Housing Program Annual Contributions Contract to extend the contract to March 4, 1991, presented and road. Council Member Khiesner moved that the communication be received and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khiesner, Krieg, Pratt, Simon, Voetberg. Nays--None. RESOLUTION NO. 78-88 A RESOLUTION APPROVING AN AMENDMENT TO THE ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 8 EXISTING HOUSING CERTIFICATE PRO- GRAM TO EXTEND SAID CON- TRACT TO MARCH 4, 1991. WHEREAS, the City of Dubuque, Iowa and the United States Department of Housing and Urban Development entered into a certain annual con- tributions contract on March 5, 1976; and WHEREAS, said contract is to ter- minate on December 14, 1988; and WHEREAS, both the City of Du- buque, Iowa and the United States Department of Housing and Urban Development desire to extend said contract. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Amend- ment N(x 1 to the Annual Contributions Contract number KC-9004E, Project No. IA05-E087-01/002/004 through Oli is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute said amendment on behalf of the City of Dubuqu~ Passed, approved and adopted this 7th day of March, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Pratt, Simon, Vcotberg. Nays-- Non~ Communication of City Manager re- questing approval of an Agreement bet- ween the IA DOT and the City for FAUS Funds on the NW Arterial and authorize and direct the Mayor to execute this project agreement, presented and read. Council Member Kluesner moved that the communication be rocalved and fil- ed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. 98 R__2egular Session March 7, 1988 RESOLUTION NO. 77-88 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FEDERAL AID TO URBAN SYSTEM FUNDS FOR THE NORTHWEST ARTERIAL WHEREAS, the Iowa Department of Transportation is requesting the City to execute IDOT Agreement #88-F-009 relative to construction activities on the Northwest Arterial from Asbury Road to John F. Kennedy; and WHEREAS, the City is proposing construction of this phase of the North- west Arterial in calendar years 1988 and 1989 with grading in 1988 and paving in 1989; and WHEREAS, this project is eligible for reimbursement up to 75% of its cost for monies available to the City under Federal Aid to Urban Systems pro- grams; and WHEREAS, the City is desirous of us- fug FAUS funds for this project for both grading activities and paving activities up to the amounts available to the City under the Federal Aid to Urban Systems project for allocation to the City of Dubuque. NOW, THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Iowa D~partment of Transportation agree- ment #88-F-009 and considered a part hereof is hereby approved. Section 2. That Me Mayor be authoriz- ed and directed to execute a copy of this agreement with the Iowa Department of Transportation for utilization of FAUS funds on the Northwest Arterial from Asbury Road to John E Kennedy Road. Passed, approved and adopted this 7th day of March, 1988. James E. Brady Mayor ATTES~ Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kfuesner, Krieg, Pratt, Simon, Voetberg. Nays-- None. There being no further business, Coun- cil Member Krieg moved to adjourn. Seconded by Council Member Vo~tberg. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Krieg, Pratt, Simon, Voetberg. Nays--None. Meeting adjourned 11:24 P.M. Mary A. Davis City Clerk Approved. __ 1988 Adopted 1988 Mayor Council Members ATTESt. City Clerk R_~gular Session, April 4, 1988 CITY COUNCIL OFFICIAL Regular Session, April 4, 1988. Council Met at 7:30 p.m. at the Publi~ Library Auditorium. Present--Mayor Brady, Council Mem- bers Daich, KlueSner, Pratt, Simon, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. ~ Absent: Council Member Krieg. Mayor Brady read the call and stated that this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Robert Wiederaenders, Archivist, Wartburg Seminary. PROCLAMATIONS: April 2 thru 9 as "Community Development Week" received by C. D. Director James Burke; April 17 thru 23 as "National Volunteer Week"; Month of April as "Barbershop Harmony Month" received by a group of serenading~ Barbershoppers. Proof ~ publication, certified to by the Publisher, on Notice of Public Hearing to consider execution of an Agreement with the IA DOT of rights of access con- trol to U.S. Highway 61 from various pro- perties, presented and read. Council Member Khiesner moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khieaner, Pratt, Simon, Voetberg. Nays--None. Absent--Council Member Krieg. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Deich. Carried bY the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Pratt, Simon, Voetberg. Nays--None, Absent--Council Member Krieg. RESOLUTION NO. 78-88 WHEREAS, pursuant to Resolution and published notice of time and place of hearing, published in the Telegraph- Herald, a newspaper of general circula- tion, published in the City of Dubuque, Iowa on the 7th day of March, 1988, at 7:30 p.m. in the Public Library Audi- torium, llth & Locust Streets, Dubuque, Dubuque County, Iowa to consider the disposition and granting of temporary easements or conveying access control of City owned properties to the Iowa Department of Transportation for Relocated 61 project. Details are as follows: City of Dubuque sgrees to convey ac- cess control to the Iowa Department of Transportation to U.S. 61 from Station 131 + 45 -+ PL to Station 152 + 83 -+ PL, East Side~ as shown on the attached plot plan andconsidered a part hereto for the following described properties. Lots 8, 9, 10, 11, 12, 13. 14, 15, 16 and 17 of Rewau's Subdivision of Mineral Lot 36, Lot 1 of Lot 1 of Mineral Lot 36A, Lot 2 of Lot 6, Lot 2of Lot 5, Lot 2 of Lot 1 of Lot 4, Lot i of Lot 2 of Lot 3, Lot 2 of Lot 1 of Lot 3, Lot 2 of Lot 2 and Lot 2 of Lot 1 of O'Comaor's Sub- division, Lot 2 of Lot 2 of Lot 4, Lot 1 of Lot 3, Lot 1 of Lot 2 and Lot i of Lot i of Mineral Lot 37, all in the City Dubuque, Iowa; City of Dubuque agrees that the en- trance to Murphy Park at Station 135+55:~ on the east side of U.S. 61 will be eliminated; City of Dubuque agrees to grant to the Iowa Department of Transportation a temporary easement on parts of Lots 11, 12, 13 and 14 of Rowan's Subdivision of Mineral Lot 36 for thepurpose of remov- lng an entrance and construction of a cul-de-sac; Further, the City agrees to ~'ant to the Iowa Department of Transportation a temporary easement from Station 135