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1995 February Counci ProceedingsRegular Session, February 6, 1995 29 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, February 6, 1995 Council Met at 7:30 pm., Public Library Auditorium Preset: Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, City Solicitor William Slum 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 Father Mick Lynch, Spiritual Director of Wahlert High School. PROCLAMATIONS_ Commending Louis Donahue as recipient of long awaited WWII recognition, Week of Feb_ 6-12 as "Make A Wish Week" received by Jim Watt: Feb. 14 as "League of Women Voters Day" received by Maxine Griep, and Feb_ 18-25 as 'National Fneineer's Week" received by Ken Buesing_ John Adelman and Students from Central High School to presented their completed document titled "City Government In Dubuque". MINUTES SUBMITTED — Airport Commission of 12-13: Cable TV Regulatory Commission of 1-18, Five Flags Commission of 1- 16; Historic Preservation Commission of 1-12 & 1-26: Housing Commission of 1-10, Housing Commission Trust Fund Committee of 1-5; Investment Oversight Commission of 1-19: Library Board of Trustees of 12-22: Long Range Planning Commission of 1-11, Park & Recreation Commission of 1-10, presented and read Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Investment Oversight Commission submitting their 8th quarterly report, presented and read. Council Member Voetberg moved that the report be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Convention & Visitors Bureau submitting their 2nd quarter update report for Fiscal Year 1995, presented and read Council Member Voetberg moved that the report 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 Dubuque Racing Association submitting their annual report for fiscal period of December 1, 1993 through November 30, 1994, presented and read. Council Member Voetberg moved that the report be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager submitting City's quarterly investment report, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None NOTICES OF CLAIMS/SUITS — Chris Grebe in amount of $203 60 for vehicle damages: Sherry A Lutgen in unknown amount for personal injuries: Mark Weiland in est amt_ of $185328 for vehicle damages: Frank Hardie Advertising, Inc vs City of Dubuque et al, submitting Notice of Appeal on Land Parcels 239, 255, 273 and 274, presented and read Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Corporation Counsel advising car damage claim of Paul R Sutton has been referred to Crawford & Company, the agent for Iowa Communities Assurance Pool, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Corporation Counsel recommending denial for the following claims_ Car damage of Edward Coleman: Car damage of Michele Giesbrecht,, Property damage claim of Saint Paul Lutheran Church, presented and read Council Member Voetberg moved that the communication be received and filed and approved denials. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None REFUNDS REQUESTED — Michael Maas, $75 00 on unexpired Cigarette License: KWIK Stop Food Mart, $50 00 on unexpired Cigarette License: Bridge Restaurant & Lounge $422 50 on unexpired Liquor License, presented and read Council Member Voetberg moved that the refunds be approved with Finance Director to issue proper check. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None 30 Regular Session, February 6, 1995 Finance Director submitting Financial Reports for month of December, 1994, presented and read. Council Member Voetberg moved that the reports be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Proof of Publication certified to by the Publisher on Notice of filing of the Final Schedule of Assessments for the Reconstruction of Pan Road project, presented and read Council Member Voetberg moved that the proof be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager submitting Fiscal Year 1994 Comprehensive Annual Financial Report and Audit Reports, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager requesting to publish Notice of Environmental Findings for Kennedy Manor Apartments, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 16-95 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDINGS FOR CERTAIN SPECIAL PURPOSE GRANT PROSECT Whereas, the City of Dubuque has entered into a Grant Agreement commencing August 24, 1992, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended, and Whereas, pursuant to the roles and regulations as promulgated by the U S_ Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described project proposed to be financed with Special Purpose Grant Funds: and Whereas, on January 13, 1995, after due consideration, a deamination was made that the project is not a major federal action significantly affecting the quality of the human environment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No significant Effect on the Environment for the following project, and to make the Environmental Review Record for said project available for public inspection Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof Addition to Kennedy Manor Apartments Project Section 2 That the City of Dubuque hereby declares its intent to adopt a resolution at its meeting of February 6, 1995, authorizing the submission of a request to the U S_ Department of Housing and Community Development, for release of funds to undertake the above mentioned project. Passed, approved and adopted this 6th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager recommending approval of 180 Extension for Security Bonding for Loras Estates Subdivision as requested by Ron and Ian Smith, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 17-95 RESOLUTION RESCINDING RESOLUTION NO. 273-94 AND REAFFIRMING THE FINAL PLAT OF LORAS ESTATES IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk, a final plat of Loras Estates in the City of Dubuque, Iowa: and Whereas, upon said final plat appears certain public utility easements which the owners, by said plat, have dedicated to the public forever: and Whereas, upon said final plat appeared a certain private street to be owned by and maintained to City standards at the sole expense of the owners or their successors as assigned, and Whereas, said final plat has been examined by the Zoning Commission and had its approval endorsed thereon, subject to the owners agreeing to certain conditions set forth in the original approval of said plat, and Whereas, said final plat was examined by the City Council and the City Council found that it conformed with the statutes and ordinances relating thereto, except that the drive grades have not been established, nor had all driveways been brought to grade and not all the paving installed: and Whereas, the City Council concurred in the conditions of approval established by the Zoning Commission, and Whereas, the City Council in Resolution No 273-94 on August 1, 1994, has reaffirmed the approval of the final plat of Loras Estates: and Whereas, the City Council concurs in the conditions of approval established in the previous approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, February 6, 1995 31 Section 1 That the final plat of Loras Estates, as set forth in Resolution No 273-94 is hereby rescinded Section 2 That the easement for public utilities, sewer and water, as they appear upon said final plat, be and the same is hereby accepted Section 3. The approval of the final plat of Loras Estates in the City of Dubuque, Iowa, is hereby reaffirmed and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named execute their written acceptance hereto attached agreeing: a To reduce Justin Lane to grade and to hard surface the street of Loras Estates with bituminous concrete or with concrete paving, all in accordance with the approved plans on file in the Office of the City Fneineer, City of Dubuque, Iowa. b To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, and erosion control devices, all in accordance wit the construction improvement plans approved by the City Fneineer and inspected by the City Fneineer. c To provide perpetual maintenance for all detention areas and erosion control devices at the sole expense of the owners, Ron and Ian Smith, or successors as assigned d To provide the foregoing construction and maintenance of all said improvements at the sole expense of the owners, Ron and Ian Smith, or their successors as assigned e To construct said improvements within one (1) year from the date of adoption of this resolution by the City of Dubuque, Iowa. f Sidewalks shall be provided adjoining the street g All improvements of said property conform to the conceptual development plan of Loras Estates' PR Planned Residential District or its amendments as approved by the Dubuque City Council by Ordinance No. 56-92. Section 4 That Ron and Ian Smith, as owners, shall secure the foregoing conditions by providing security in such four and with such surety as may be approved by the City Manager Section 5 That in the event Ron and Ian Smith, as owners, fail to execute the acceptance and furnish the security provided for in Section 4 within 180 days from the date of this resolution, the provision hereof shall be null and void and the acceptance of the dedication and approval of the final plat shall not be effective Passed, approved and adopted this 6th day of February, 1995. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 17-95 We, the undersigned, Ron and Ian Smith, having read the terns and conditions of the Resolution No 17-95 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein Dated in Dubuque, Iowa this day of 1995. NOT SIGNED AS OF MARCH 17, 1995 By Ron Smith By Ian Smith Council Member Voetberg 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 City Manager recommending acceptance of West 11th Street Storm Sewer Project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Coined by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION Na 18-95 ACCEPTING IMPROVEMENT Whereas, the contract for the 11th Street Ston) Sewer Reconstruction has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the tams of the contract, plans and specifications and recommends it acceptance NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Iowa Local Option Sales Tax Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of February, 1995. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Coined by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION Na 19-95 FINAL ESTIMATE Whereas, the contract for the 11th Street Ston) Sewer Reconstruction has been completed and the City Fneineer has submitted his final estimate showing the cost thereof including the cost of estimate, notices and inspection and all miscellaneous costs: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the cost of said improvement is hereby determined to be $283,128 02 and the said amount shall be paid from the Iowa Local Option Sales Tax Fund of the City of Dubuque, Iowa_ Passed, approved and adopted this 6th day of February, 1995. Terrence M. Duggan, Mayor 32 Regular Session, February 6, 1995 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 Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None City Manager recommending acceptance of Smnskill Road Sanitary Sewer Extension, presented and read Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None. RESOLUTION NO. 20-95 ACCEPTING IMPROVEMENT Whereas, the contract for the Smnskill Road Sanitary Sewer Extension has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the tams of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Sanitary Sewer Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 21-95 FINAL ESTIMATE Whereas, the contract for the Smnskill Road Sanitary Sewer Extension has been completed and the City Fneineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the cost of said improvement is hereby determined to be $69,58772 and the said amount shall be paid from Sanitary Sewer Construction Fund of the City of Dubuque, Iowa Section 2 That $28,350.19 of the cost thereof shall be assessable upon private property and $41,23753 shall be paid from Sanitary Sewer Construction Fund Passed, approved and adopted this 6th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None RESOLUTION NO. 22-95 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR BRUNSKILL ROAD SANITARY SEWER EXTENSION INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Smnskill Road Sanitary Sewer Extension under contract with Mullinnix, Inc. of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the lit day of February, 1995, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefitted by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362 3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at 9 percent (commencing on the date of acceptance of Regular Session, February 6, 1995 33 the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384 65 of the Code of Iowa_ Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance Passed, approved and adopted this 6th day of February, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk BRUNSKILL ROAD SANITARY SEWER EXTENSION CITY OF DUBUQUE, IOWA SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque TOTAL NET OWNER LOT DESCRIPTION ASSESSMENT Engling, Carl D & Dianne M Lot 2-1-2-1 Schutte Place $4,220 41 Matous, Melvin I, Jr & Judith A Lot 1-1-2-1 Schutte Place $4,77622 Trimpler, Wm I & Roselle M Lot 2 Schutte Place $4,11708 Thill, Kenneth R & Helen Lot 2-2- & S 34' of 1-2 Parsonville $4,36410 Center Grove Methodist Lot 1 & Vacated Fleet St $6,07269 Gansemer, Matthew I & N_ 42' -1-2 $4,799 69 Gansemer, Matthew I & S.' 75.00 of Lot 3 only w!N_42'-1-2 Church Parsonville Dottisue Parsonville Dottisue Parsonville $28,350.19 CITY OF DUBUQUE DATE: 1-10-95 FINAL ESTIMATE FOR: BRUNSKILL ROAD SANITARY SEWER EXTENSION ITEM QTY. UNIT UNIT COST TOTAL COST 1. 8"DIP. WAVrep 811.85 Lin F t $ 28 75 $23,340 69 2 8"x4"Tees 700 No of $ 1 4 5 _ 0 0 $ 1,015.00 3 4" CLP_ Lateral 134 00 Lin Ft $ 1 5 _ 0 0 $ 2,010.00 4 Concrete Manhole Base, 4 00 No of $ 2 0 0 $ 800.00 Complete 0 0 5. Concrete Manhole Sidewell,Comp. 41.80 Lin Ft $ 70 00 $ 2,926 00 6. Manhole Ring & Cover, Complete 4 00 No of $ 2 0 0 _ 0 0 $ 800.00 7 Bedding Stone, 1" Clean 129 67 Tons $ 7 00 $ 907 69 8. Limestone Backfill 301298 Tons $ 425 $12,80517 9. 3/4" Rolled Stone Base 344 45 Tons $ 700 $ 2,41115 10. Asphalt Sawing 92210 Lin Ft $ 1 _ 0 0 $ 99210 11 ACC Street Patch 25701 Tons $ 40 00 $10,280 40 12 Prime or Tack Coat 20 00 Gals $ 1 00 $ 20 00 13. Seeding w/Mulching S g Y d s $ 1 00 $ 14 P C Concrete Curb & Gutter, Complete Lia Ft $ 1 6 0 0 15 Traffic Control 100 LS_ $1,00000 $ 1,000 00 EXTRA WORK: 4" P . Sidewalk 64 00 Sq Ft $ 4 _ 0 0 $ 25600 TOTAL DUE CONTRACTOR $59,564 20 ENGINEERING $10,023 52 TOTAL CONSTRUCTION COST $69,58772 I hereby certify that the above statement shows in detail the correct amount of all work required to complete the above improvement. APPROVED_ s/s Michael Van Milligen, City Manager s's Michael A Koch, City Fneineer CITY OF DUBUQUE, IOWA The undersigned, Mullins, Inc..contractor for the above improvement, does hereby accept the above 'Total Due Contractor", as full settlement for all claims for said improvements. CONTRACTOR_ /s/ Mullinex, Inc BY_ s/s Rudy Mullinex, V Pres Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None City Manager recommending acceptance of Curtis Street Sanitary Sewer Reconstruction, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor 34 Regular Session, February 6, 1995 Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None RESOLUTION NO. 23-95 ACCEPTING IMPROVEMENT Whereas, the contract for the Curtis Street Sanitary Sewer Reconstruction has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitary Sewer Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 24-95 FINAL ESTIMATE Whereas, the contract for the Curtis Street Sanitary Sewer Reconstruction has been completed and the City Fneineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the cost of said improvement is hereby determined to be $69,28042 and the said amount shall be paid from Sanitary Sewer Construction Fund of the City of Dubuque, Iowa Passed, approved and adopted this 6th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None City Manager recommending acceptance of Sheridan Road Sanitary Sewer Extension Project, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 25-95 ACCEPTING IMPROVEMENT Whereas, the contract for the Sheridan Road Sanitary Sewer Extension has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Sanitary Sewer Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 26-95 FINAL ESTIMATE Whereas, the contract for the Sheridan Road Sanitary Sewer Extension has been completed and the City Fneineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the cost of said improvement is hereby determined to be $85,740 03 and the said amount shall be paid from Sanitary Sewer Construction Fund of the City of Dubuque, Iowa Section 2 That $24,095 38 of the cost thereof shall be assessable upon private property and $61,64465 shall be paid from Sanitary Sewer Construction Fund Passed, approved and adopted this 6th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None RESOLUTION NO. 27-95 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR SHERIDAN ROAD SANITARY SEWER EXTENSION INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE Regular Session, February 6, 1995 35 DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Sheridan Road Sanitary Sewer Extension under contract with Tsschiggfrie Excavating of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the lst day of February, 1995 the said schedule of assessments be and the same is hereby approved and adopted. That there be, and Is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefitted by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362 3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at 9 percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384 65 of the Code of Iowe Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance Passed, approved and adopted this 6th day of February, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk SHERIDAN RAOD SANITARY SEWER EXTENSION CITY OF DUBUQUE, IOWA SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque DEFICIENCY TOTAL NET OWNERLOT DESCRIPTIONASSESSMENT ASSESS. Lot 1-1-3 ML 324 $6,05154 Lot 2-1-1-1-1-16 & Clarks Sub $2,323 80 Theisen, James L Lot 2-1-1-1-1-1-1-1-16 &Lot 2-1-1-1-1-1-1-1-1-16 & Lot 2-1-1-1-1-1-1-1-1-1-16 Clarks Sub $1,29932 $1,59977 Theisen, James L Lot 1-1-2-1-1-1-16 &Lot 2- 1-2-16 Clarks Sub $2,01719 Fitz, John L &Betty Lot 1-1-1-1-1-1-1-1-1-1 Clarks Sub $6,05154 Christensen, James & A Shirley Lot 2-1-1-3-1-1-1-1 &Lot 2-1-1 ML 324 & Lot 4 & Lot 5 Sheridan Village (N. 150' $610$1 54 $1,299 32 $24,095 38 CITY OF DUBUQUE, IOWA DATE: 1-10-95 FINAL ESTIMATE FOR: SHERIDAN ROAD SANITARY SEWFEXTENSION ITEM OTY. UNIT UNIT COST TOTAL COST 1. 8" DIP wAvrap 3 9 6 6 5 Lin. Ft. $ 31 75 $12,593 64 2 8"VCP_ 50660 Lin Ft $24.85 $12,589 01 3 8"x4"Tees 200 Na of $175 00 $350 00 4 8" x 4" Wyes 5.00 No. of $75 00 $375 00 5. 4" C I P. Lateral 3 6 5 0 0 Lin Ft. $23 50 $8,577 50 6. Concrete Manhole Tap, Complete 1.00 No of $ 300 00 $300 00 7 Concrete Manhole Base, Complete 3 00 No of $250 00 $750 00 8. Concrete Manhole Sidewall,Comp_ 27 74 Lin Ft_ $80 00 $2,219 20 9 Manhole Ring & Covers, Comp 3 00 No of $225 00 $675 00 10 Bedding Stone, 1" Clean 367.55 Tons $8 00 11. Limestone Backfill Tons $4 50 12 3/4" Rolled 798 22 Tons $8 50 $6,784 87 13 AC Sawcut 79 00 Lin Ft $150 $11850 14 AC Street Patch 160 93 Tons $36 00 $5,793 48 15 Seedingw/Mulch 1693.05 Sq_ Yds $125 $2,11631 16 Traffic Control 1 _ 0 0 Lump $1,40000 $1,40000 EXTRA WORK Meyer, Vanite (1.150' only) Grass, Bruce E & Patrick A Lot 2-1-2-1-1-1-16 $2,940 40 3078 41 $13,852 85 Stone Base 36 Regular Session, February 6, 1995 Rock Excavation 33.14 C u $50.00 Shoulder Stone 6417 $1200 48" Storrs Sewer Repair 1.00 Lump $1,109.32 $1,109.32 One Man Rip -Rep 3 0 1 3 Y d s _ Mary A Davis, City Clerk Council Member Voetberg moved adoption of $1,657 00 the Resolution Seconded by Council Member Tons Nagle Carried by the following vote_ $770 04 Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None Tons $25 00 $753 25 A . Street Surface 159.93 Tons $36 00 $5 75748 TOTAL DUE CONTRACTOR $ 81,482 85 ENGINEERING $4,25718 TOTAL CONSTRUCTION COST $85,740 03 I hereby certify that the above statement shows in detail the correct amount of all work required to complete the above improvement. APPROVED: s/s Michael Van Milligen, City Manager s/s Michael A Koch, City Fneineer City of Dubuque, Iowa the undersigned, Lschine Excavating, contractor for the above improvement, does hereby accept the above 'Total Due Contractor", as full settlement for all claims for said improvement CONTRACTOR_ Tschiggfne, Esc BY_ /s/ Vicki L Tsschi¢rie Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None. City Manager recommending acceptance of Rehabilitation of 16th Street Floodwall Pumping Station, presented and read Council Member Voetberg moved that the communication be received and filed Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 28-95 ACCEPTING IMPROVEMENT Whereas, the contract for the Rehabilitation of 16th Street Floodwall Pumping Station has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from General Fund and Wastewater Treatment Plant Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of February, 1995. Terrance M. Duggan, Mayor Attest RESOLUTION NO. 29-95 FINAL ESTIMATE Whereas, the contract for the Rehabilitation of 16th Street Floodwall Pumping Station has been completed and the City Fneineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the cost of said improvement is hereby determined to be $150,024.55 and the said amount shall be paid from General Fund and Wastewater Treatment Plant Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of February, 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 Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None. City Manager recommending acceptance of Farley Street Sanitary Sewer Reconstruction project, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 30-95 ACCEPTING IMPROVEMENT Whereas, the contract for the Farley Street Sanitary Sewer Reconstruction has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terry_ of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Sanitary Sewer Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of February, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Regular Session, February 6, 1995 37 Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None RESOLUTION NO. 31-95 FINAL ESTIMATE Whereas, the contract for the Farley Street Sanitary Sewer Reconstruction has been completed and the City Fneineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the cost of said improvement is hereby determined to be $48,24028 and the said amount shall be paid from Sanitary Sewer Construction Fund of the City of Dubuque, Iowa_ Passed, approved and adopted this 6th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager recommending acceptance of Flexsteel Industries Drainage Improvement project, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 32-95 ACCEPTING IMPROVEMENT Whereas, the contract for the Flexsteel Industries Drainage Improvement Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from UDAG Repayment Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None RESOLUTION NO. 33-95 FINAL ESTIMATE Whereas, the contract for the Flexsteel Industries Drainage Improvement Project has been completed and the City Fneineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the cost of said improvement is hereby determined to be $301,672 99 and the said amount shall be paid from UDAG Repayment Funds of the City of Dubuque, Iowa_ Passed, approved and adopted this 6th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Proof of Publication certified to by the Publisher on Notice of Hearing to consider amending the Conceptual Development Plan for property at 777 Edwards Road, presented and read Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Jim Edwards, 10671 Eagle Ridge Ct, spoke stating three concerns_ 1 Parking area to be paved, 2 Improvement of Edwards Rd no later than 12-31-97, and 3 Proper screening between PI District and Residential District, with his owning all the surrounding property, he is requesting waiver of the screening requirements_ An Ordinance Amending Zoning Ordinance by amending the PI Planned Industrial District for property located at 777 Edwards Road and adopting an Amended Conceptual Development Plan, said Ordinance having been presented and read at the Council Meeting of 1-16-95, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 6-95 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY AMENDING THE PI PLANNED INDUSTRIAL DISTRICT FOR THE HEREINAFTER DESCRIBED PROPERTY LOCATED AT 777 EDWARDS ROAD AND ADOPTING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN. Whereas, D_ James Edwards, applicant, have filed a request for an amended conceptual 38 Regular Session, February 6, 1995 development plan for hereinafter described property in accordance with provisions of the PI Planned Industrial District designation regulations as set forth in Section 3-5 5 of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission has held a public hearing on said amended conceptual development plan pursuant to required published notice, and Whereas, the Zoning Commission has approved said amended conceptual development plan subject to specific conditions and restrictions having found that said Plan conforms with the review standards applicable to such plans as set forth in Section 3- 5.5D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission recommended the concurrence of the City Council in approval of said amended conceptual development plan, and Whereas, the City Council has received the recommendation of the Zoning Commission and approved the amended conceptual development plan subject to the same specific conditions and restrictions NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That in order to accomplish the purpose of the PI Planned Industrial District of the Zoning Ordinance of the City of Dubuque, Iowa, the amended conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit Lot 2 of Lot 1 of Mineral Lot 498 and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 498, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2 That in order to accomplish the purposes of the PI Planned Industrial District and of the Zoning Ordinance, the above described property is subject to the following conditions and restrictions A Use Regulations_ The following regulations shall apply to all uses made of land in the above described PI Planned Industrial District 1) Principal permitted uses shall be limited to the following: a) Manufacture, storage or processing of concrete products, but not to include the manufacture of the raw substances comprising said concrete as a principal use[33] b) Manufacture or assembly of musical instruments, toys, watches or clocks, medical, dental, optical, or similar scientific instruments, orthopedic or medical appliances, sign or billboards [33] c) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment [33] 2) No secondary or contingency uses shall be permitted. 3) Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves_ B_ Lot and Bulk Regulations_ Development of land in the PR Planned Residential District shall be regulated as follows 1) All buildings or structures shall be constructed a minimum of 50 feet from all residential districts, a minimum of 20 feet from the proposed Edwards Road, with a maximum building height of 35 feet and maximum lot coverage of 50 percent An asphalt overlay is required at this time C Performance Standards The development and maintenance of uses in this PI Planned Industrial District shall be established in conformance with the following standards of Section 3-5 5 of the PR Planned Commercial District 1) The construction, improvement and dedication of Edwards Road, according to the standards of the City of Dubuque, Iowa, shall be completed from Kelly Lane to the south lot line of Lot 5 of Patricia Ann Acres No 2 at that time when Kelly Lane is reconstructed, but no later than December 31, 1997 2) Street lighting shall be provided per City standards All other lighting shall be with full cut-off design 3) Landscaping and screening shall be provided as per Section 4-5.3. 4) Sufficient off-street parking spaces shall be provided on the site as determined by Section 4-27 of the Zoning Ordinance and identified by the bracket -enclosed number next the each principal permitted use All parking and vehicular use areas shall be hard -surfaced and meet the requirements of Section 4-4 of the Zoning Ordinance. 5) All utilities including telephone and cable television shall be installed underground 6) A final site development plan shall be submitted in accordance with Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa prior to construction as described on the attached conceptual development plan. No further grading, excavating, or other land disturbing activity may occur before a final site plan is approved D_ Si,eRegulations_ The sign regulations shall be the same as that which are allowed in the C-1 Neighborhood Shopping Center District as established in Section 4-311 Schedule of Sign Regulations of the Zoning Ordinance of the City of Dubuque, Iowa. E Additional Standards 1) All uses established after the effective date of this ordinance shall operate in accordance with the following performance standards a) Vibration - No activity or operation shall at any time cause earth vibration perceptible beyond the lot line of the lot on which the operation is located, except that vibration caused by blasting conducted n accordance with the requirements of Article III, Chapter 26 of the Municipal Code, may exceed these limitations b) Smoke, Particulate Matter and Gases - No activity or operation shall be established Regular Session, February 6, 1995 39 which fails to meet the air quality regulations of the Iowa Department of Natural Resources c) Odor - No activity or operation shall cause at any time the discharge of toxic or noxious odor beyond the lot line of the lot on which it is located d) Noise - No activity or operation shall be carried on which involves noise in excess of the noise limitations for Light Industrial Districts set forth in Article Vu, Chapter 26 of the Municipal Code e) Glare - Glare, whether direct or reflected, such as from spot lights or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the lot line of the lot on which the use is located 0 Wastes - All solid waste materials, debris, refuse or garbage shall be properly contained in a closed container designed for such purpose No exterior incineration of trash or garbage is permissible All liquid wastes shall be discharged in full compliance with appropriate City, State and Federal regulations g) Fire Hazard- No activity or operation shall be established which fails to meet the CiryS Fire code h) Outdoor Storage - All outdoor storage shall be located in the PI District area and screened from the adjoining residential district by an appropriate screening or fence of at least 6 feet in height 2) The conceptual development plan shall be valid for a period of five (5) years provided a final site development plan is submitted within two year from the date of approval. F_ Transfer of Ownership Transfer of ownership or lease of property in this PI Planned Industrial District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district Passed, approved and adopted this 6th day of February, 1995. Terrence M. Duggan, Mayor ATTEST: Mary A Davis, City Clerk ACCEPTANCE OF ORDINANCE NO 6-95 I D_ James Edwards, having read the terms and conditions of the foregoing Ordinance No 6-95 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 10th day of February, 1995. By RI D_ James Edwards Published officially in the Telegraph Herald newspaper this 15th day of February, 1995 It 2115 Mary A Davis, City Clerk Council Member Kluesner moved final consideration and passage of the Ordinance Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Cheryl Kramer Greiner submitting resignation as an Airport Commissioner, presented and read Council Member Kluesner moved that the communication be received and filed and accepted with regret. Seconded by Council Member Voetberg Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None BOARDS AND COMMISSIONS AIRPORT COMMISSION One unexpired tem) which will expire 9-14-96 (term of C Greiner). Applicants_ Steven J Arthur and Kathy Blau. Both Steve Arthur and Kathy Blau spoke requesting appointment Vote on the appointment was as follows_ Mayor Duggan voted for Arthur_ Council Member Kluesner voted for Arthur. Council Member Krieg voted for Blau. Council Member Nagle voted for Arthur_ Council Member Nicholson voted for Arthur_ Council Member Robbins voted for Arthur_ Council Member Voetberg voted for Blau. Therefore, Steven Arthur was appointed to the Airport Commission to fill the unexpired tem which will expire 9-14-96. An Ordinance Amending Zoning Ordinance by amending the Conceptual Development Plan for property located West of Windsor Avenue and East of Liberty Street located in a PR Planned Residential District, the public hearing and first reading given on 1-3-95 and the second reading given on 1-16-95, now presented for final action City Planner advising written protest totaling 20% or more of adjoining property owners was received at or before public hearing, upon motion received and filed. Bill Reinke of Dubuque Housing Initiative answered questions and Merry Johnson, Architect, presented drawings of the proposed project Council Member Voetberg moved final consideration and passage of the Ordinance, as amended. Seconded by Council Member Krieg. Vote on the motion was as follows_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nicholson, Voetberg Nays—Council Members Nagle, Robbins MOTION FAMED DUE TO LACK OF 314 VOTE (Official Publication) ORDINANCE NO.95-95 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR HEREINAFTER DESCRIBED PROPERTY LOCATED WEST OF WINDSOR AVENUE AND EAST OF LIBERTY STREET LOCATED IN A PR PLANNED RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That in order to accomplish the purposes of the PR Planned Residential District of the Zoning Ordinance of the City of Dubuque, Iowa, the conceptual development plan for Dubuque Housing Initiative, a copy of which is attached hereto and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 1 of Lot 1 of Lot 3 and Lot 3 of Lot 1 of Block 7 in Phase 1, all in Stonehill Community 40 Regular Session, February 6, 1995 Subdivision No 1 in the City of Dubuque, Iowa. Section 2 Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the reclassification, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification A Use Regulations_ The following regulations shall apply to all uses made of land in the above described PUD District 1) Principal permitted uses shall be limited to forty-nine (49) dwelling units and one community center. 2) No secondary or contingency uses shall be permitted. 3) Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves_ S_ Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. 2) All other bulk regulations of the R-4 Multi - Family Residential District shall be met for construction of all buildings and structures, as established in Section 3-15 of the Zoning Ordinance of the City of Dubuque, Iowa. C Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) A private drive meeting City specifications is to be constructed by the developer 2) Street lighting shall be provided per City standards 3) Sidewalks shall be provided within the proposed development as shown on the attached conceptual plan. 4) Landscaping as noted on the attached conceptual development plan shall be installed in conjunction with completion of the units Final site development plans must indicate exact location and type of species to be installed 5) Seventy-six (76) off-street parking spaces shall be provided as shown on the attached conceptual development plan. 6) All utilities including telephone and cable television shall be installed underground 7) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of each building or structure unless otherwise exempted by Section 4-4. 8) Storm water detention areas shall be constructed to control runoff D. Open Space and Recreational Areas. Adjacent to the community center will be located a playground areaIgreen space Those other areas not designated on the conceptual development plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association E Sign Regulations_ The sign regulations shall be in accordance with the R-4 Multi- Family Residential District as established in Section 4-311 of the Zoning Ordinance. F_ Additional Standards The conceptual development plan shall be valid for a period of five years provided a final site development plan is submitted within two years from the date of approval. G_ Transfer of Ownership or Change in Control In the event Dubuque Housing Initiative is not a general partner in the construction and first occupancy of the premises, the approval for the amended conceptual plan shall become null and void Once construction is completed and occupancy occurs, this condition will lapse and be of no force or effect. Transfer of ownership or lease of property in this PR Planned Residential District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district Section 3 The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa_ Section 4 The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 6th day of February, 1995. Terrence M. Duggan, Mayor Attest: Mary A Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 95-95 I Bill, Reinke, representative for Dubuque Housing Initiative, property owner(s), having read the tams and conditions of the foregoing Ordinance No. 95-95 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein Dated this 3rd day oflenuery, 1996_ Dubuque Housing Initiative Heartland Housing Initiative By/ Bill Reinke Published officially in the Telegraph Herald newspaper this 12th day oflenuery, 1996_ It 1112 Mary A Davis CMC, City Clerk (NOTE: THIS DENIAL WAS OVERRULED BY THE IOWA DISTRICT COURT RULING SIGNED ON OCTOBER 17, 1995. - COPY OF RULING IS ATTACHED TO ORIGINAL ORDINANCE ON FILE IN THE CITY CLERK'S OFFICE) City Manager requesting authorization to communicate with Iowa Congressional delegation regarding Dubuque's interests and concerns with pending telecommunication legislation, presented and read. Council Member Voetberg moved that the communication be received and filed and request approved. Seconded by Council Member Nicholson Carried by the following vote: Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager requesting change orders for Phase III at Water Pollution Control Plant, presented and read Council Member Kluesner Regular Session, February 6, 1995 41 moved that the communication be received and filed Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 34-95 AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER WITH STRAND ASSOCIATES, INC., FOR THE PURPOSE OF PROVIDING ADDED ENGINEERING DESIGN SERVICES ASSOCIATED WITH ADDED ELECTRICAL IMPROVEMENTS AT THE WATER POLLUTION CONTROL PLANT Whereas, a Phase II[ improvement has been budgeted at the Dubuque Water Pollution Control Plant: and Whereas, Strand Associates, Inc, has submitted to the City a change order for the Phase II[ improvement to conduct added electrical engineering design services for an amount not to exceed $18,300: and Whereas, funds have been legally appropriated for this expenditure NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Manager be authorized to execute the change order for additional engineering services with Strand Associates, Inc, dated January 26, 1995, for the Phase II[ Improvement project at the Dubuque Water Pollution Control Plant Passed, approved and adopted this 6th day of February, 1995 Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Kluesner moved adoption of the Resolution Seconded by Council Member Robbins_ Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager requesting approval for transfer of jurisdiction regarding Northwest Arterial, 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 Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 35-95 RESOLUTION APPROVING TRANSFER OF JURISDICTION AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE NORTHWEST ARTERIAL FROM U.S. 20 TO JOHN F. KENNEDY ROAD Whereas, the Iowa Department of Transportation is proposing to accept the Northwest Arterial from U S_ 20 to John F_ Kennedy Road as part of the State primary road system: and Whereas, the Iowa Department of Transportation has prepared and submitted to the City Council for approval, a Transfer of Jurisdiction Agreement relating to the transfer of the Northwest Arterial to the State; and Whereas, the City Council of the City of Dubuque approves the terns and conditions of said transfer agreement. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That Agreement 494 -TJ -003 consisting of a Transfer of Jurisdiction Agreement with the Iowa Department of Transportation for the Northwest Arterial from its junction with U S_ 20 to John F. Kennedy Road be approved. Section 2 That the Mayor be authorized and directed to execute two copies of this Transfer of Jurisdiction Agreement and forward the executed copies to the Iowa Department of Transportation for their approval. Passed, approved and adopted this 6th day of February, 1995. 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 An Ordinance Amending Section 41-34 of the Code of Ordinances by adding a new provision requiring City Council approval for issuance of driveway pemits in certain areas, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 7-95 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADOPTING A NEW SECTION 41-34 THERETO REQUIRING CITY COUNCIL APPROVAL FOR ISSUANCE OF DRIVEWAY PERMITS IN CERTAIN AREAS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting Section 41-34 and enacting a new Section 41-34 in lieu thereof as follows_ Access to the Northwest Arterial will be granted only by the Department of Transporta- tion with the concurrence of the City Manager The City Manager shall not concur in the granting of a permit under this Division for any driveway access onto the Northwest Arterial without prior approval of the City Council The minimum allowable spacing between access locations shall be 1,000 feet No access shall be allowed on any intersecting side street under City jurisdiction within 150 feet of the edge of the Northwest Arterial, or within 150 feet of the edge of any planned additional through lanes_ Passed, approved and adopted this 6th day of February, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 1995 It 2/10 Mary A Davis, City Clerk Council Member Kluesner moved that the requirement that a proposed Ordinance be 42 Regular Session, February 6, 1995 considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Kluesner moved final consideration and passage of the Ordinance Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager requesting to purchase real estate at corner of Davis & Sheridan Streets, presented and read Council Member Robbins moved that the communication be received and filed. Seconded by Council Member Nicholson Canned by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 36-95 RESOLUTION OF INTENT TO ACQUIRE REAL ESTATE AT CORNER OF DAVIS AND SHERIDAN STREETS, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque is committed to enforcement of housing quality standards and to the provision of assistance toward the addition of housing units to the City's inventory: and Whereas, acquisition of suitable properties, in specific instances, is an appropriate means of achieving these goals NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby gives notice of its intent to acquire the following legally described property from the seller, HOMZ Management, Inc.: Lot Ninety -Four (94) ONeill s Riverview Subdivision in the City of Dubuque, Iowa, Dubuque County, Iowa, according to the recorded plat thereof at the cost of Three Thousand Dollars ($3,000), subject to review and approval of a deed conveying such property. Section 2 That the City Manager is hereby authorized and directed to purchase said property Passed, approved and adopted this 6th day of February, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Robbins moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager advising of Certification of Excellence Award for City Investment Policy, presented and read Council Member Kluesner moved that the communication be received and filed Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Krieg gave a verbal update on City's Sesquicentennial plans, upon consensus Council support plans as proposed RESOLUTION NO. 37 -95 Whereas, applications for Seer 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 occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Hill St Plaza Inc Oky Doky Foods 4 8 --(Sunday Sales) 535 Hill St Passed, approved and adopted this 6th day of February, 1995 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.38 -95 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved: and Whereas, the premised to be occupied by such applicants were inspected and found to comply with the State Lawn 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 "13" (HOTEUMOTEL) BEER & LIQUOR LICENSE Dubuque Inn Corp_ Best Western Dubuque Inn --(Sunday Sales) 3434 Dodge St CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Chi -Chi's USA, Inc Chi -Chi's Mexican Rest (Sunday Sales) 800 Wacker Dr James W Goetzinger Goetz's — (Sunday Sales) 2776 Jackson Town Clock Inn, Inc. Town Clock Inn 799 Town Clock Inn Passed, approved and adopted this 6th day of February, 1995 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_ Regular Session, February 6, 1995 43 Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None City Manager submitting documents regarding Reconstruction of Alice Street and Wilbur Street Retaining Walls, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 39-95 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ihat the proposed plans, specifications, fon,, of contract and estimated cost for the Alice Street and Wilbur Street Retaining Walls, in the estimated amount of $118,913 48, are hereby approved and ordered filed in the office of the City Clerk for public inspection Passed, adopted and approved this 6th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 40-95 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Alice Street and Wilbur Street Retaining Walls NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ihat on the 20th day of February, 1995, a public hearing will be held at 7:30 pm. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 6th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None RESOLUTION NO. 41-95 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Alice Street and Wilbur Street Retaining Walls is hereby ordered to be advertised for bids for construction BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2 00 p m on the 14th day of February, 1995 Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7 30 p m on the 20th day of February, 1995 Passed, adopted and approved this 6th day of February, 1995. 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 Member_ Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None City Manager submitting documents regarding Dodge Street Sanitary Sewer Reconstruction - St Joseph, Stetmore and Meadow Lane area, presented and read Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote_ Yeas—Mayor Duggan Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 42-95 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ihat the proposed plans, specifications, form of contract and estimated cost for the Dodge Street Sanitary Sewer Reconstruction, in the estimated amount of $209,42019 are hereby approved and ordered filed in the office of the City Clerk for public inspection Passed, adopted and approved this 6th day of February, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Kluesner moved adoption of the Resolution Seconded by Council Member Voetberg Carried by the following vote_ 44 Regular Session, February 6, 1995 Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 43-95 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Dodge Street Sanitary Sewer Reconstruction NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ihat on the 20th day of February, 1995, a public hearing will be held at 7:30 pm. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, forrn of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, adopted and approved this 6th day of February, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Kluesner moved adoption of the Resolution Seconded by Council Member Voetberg Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 44-95 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Dodge Street Sanitary Sewer Reconstruction is hereby ordered to be advertised for bids for construction BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conforrn to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2 00 p nt on the 14th day of February, 1995 Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7 30 p nt on the 20th day of February, 1995 Passed, adopted and approved this 6th day of February, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Kluesner moved adoption of the Resolution Seconded by Council Member Voetberg Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager requesting a public hearing be held on February 20th regarding a Residential Parking Permit District, presented and read Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Nicholson earned by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 45-95 RESOLUTION SETTING A PUBLIC HEARING ON ESTABLISHING A RESIDENTIAL PARKING PERMIT DISTRICT IN THE SENIOR HIGH SCHOOL AREA Whereas, the City of Dubuque, pursuant to Section 32-383 of the Code of Ordinances, has received a petition containing sufficient signatures requesting that an area described as follows be designated as a Residential Parking Permit District Grandview Avenue, North, west side, from Rosedale Street to the north property line of 2165 North Grandview Avenue and east side, from Clarke Drive to Ungs Street Clarke Drive, north/west side, from the east property line of 1687 Clarke to St Ambrose Street and south side, from North Grandview to the west property line of 2044 Clarke Drive, Sunnyview Drive, from North Grandview Avenue to St. Ambrose Street Ungs Street, south side, and Hoyt Street Whereas, pursuant to said Section 32-383, the City Manager has caused a parking study of the area identified above to be undertaken and which study shows at least 80% of the curbside parking spaces in the proposed parking permit district were utilized during peak periods, and at least 25% of the curbside parking spaces in the proposed parking permit district were utilized by non- resident parkins; and Whereas, the City Manager, based upon the results of the study, and in accordance with Section 32-383, recommends that the area be designated as a Residential Parkin Permit District and that the City Council set a public hearin on the petition to establish such area as a Residential Parkin Permit District and the hours such parkin restrictions are to be in effect. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Council finds and determines that a valid petition has been received for the designation of the above described area as a Residential Parkin Permit District Section 2 That the Residential Parkin Permit District hours be effective between the hours of 730 a nt and 10 00 p m daily, except Sundays and Holidays Section 3 That the City Clerk be authorized and directed to publish a notice of public hearin Regular Session, February 6, 1995 45 on the designation of the above described area as a Residential Parking Permit District, to be held on February 20, 1995 Passed, approved and adopted this 6th day of February, 1995. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Assistant City Attomey submitting process providing for the discontinuance of the Dock Board, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 46-95 RESOLUTION PROPOSING TO DISCONTINUE THE DOCK BOARD AND PUBLISH NOTICE OF PUBLIC HEARING AS PROVIDED IN IOWA CODE SECTION 392.7 Whereas, the City Council of the City of Dubuque has found and determined it to be in the best interests of the City of Dubuque to discontinue the Dock Board; and Whereas, Section 3927 of the Code of Iowa provides that prior to the dissolution of the Dock Board, the City Council shall conduct a public hearing on the proposal after which time such agency may be discontinued no sooner than thirty days following the hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Clerk shall publish notice as provided in Section 362 3 of the intent of the City Council to discontinue the Dock Board Section 2 That the notice shall be in the fomn of Exhibit "A" attached hereto and made a part hereof Passed, approved and adopted this 6th day of February, 1995. Terrence M. Duggan, Mayor Attest Mary A Davis City Clerk Council Member Kluesner moved adoption of the Resolution with public hearing to be held on 2- 20-95 at 7 30 p nr in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council recessed at 9 00 p nr: Council reconvened at 912 p nr City Manager presented the Fiscal Year 1996 budget There being no further business, Council Member Voetberg moved to adjourn. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Meeting adjourned at 9:37 p m. Mary A Davis CMC City Clerk Approved 1996. Adopted 1996. Mayor Council Members Attest City Clerk 1 Regular Session, February 20, 1995 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, February 20, 1995 Council Met at 7:30 pm., Public Library Auditorium Present Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg, City Manager Michael C Van Milligen, Assistant City Attomey James O'Brien 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 Rev Ron Rankin of the United Methodist Church PROCLAMATIONS -- Feb_ 20th as "'What About Me Cancer Foundation Week" received by Peg Stoffel. MINUTES SUBMITTED -- Community Development Commission of 1-11: Environmental Stewardship Commission of 2-7: Historic Preservation Commission of 2-9: Human Rights Commission of 1-9; Transit Trustee Board of 1- 12: Zoning Board of Adjustment of 1-26: Zoning Commission of 2-1, presented and read Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None NOTICES OF CLAIMS/SUITS -- Steve Jochum (Small Claims Court) in amount of $232500 for vehicle damages: Darlene Klossner in amount of $57 92 for vehicle damages: David M Wolf in amount of $100 00 for tire damage, presented and read Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report Seconded by Council Member Nagle Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None Corporation Counsel advising following claims have been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool_ Truck damage of Christian Grebe, Personal injury of Sherry A. Lutgen; Truck damage of Mark Weiland, presented and read Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None Corporation Counsel recommending denial of towing charge claim of Mary Kleinschrodt, presented and read Mary Kleinschrodt spoke objecting to denial of claim. Council Member Kluesner moved that the communication be received and filed and concurred with denial. Seconded by Council Member Voetberg Carried by the following vote: Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None REFUNDS REQUESTED -- KWIK Stop Food Mart, $5625 on unexpired Beer Permit, Oldham, Inc in amount of $25 00 on unexpired Cigarette License, presented and read Council Member Voetberg moved that the refunds be approved and directed Finance Director to issue proper check Seconded by Council Member Nagle. Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None Finance Director submitting financial reports for January, 1995, presented and read. Council Member Voetberg moved that the reports be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None Proof of Publication, certified to by the Publisher, on List of Claims for month of December, 1994, presented and read Council Member Voetberg moved that the proof be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None Program Manager for HUD advising the review on Grantee Performance Report (GFR) has been completed and is in compliance with all applicable laws, presented and read Council Member Voetberg moved that the report be received and filed. Seconded by Council Member Nagle. Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays -- None City Manager recommending approval of a contract with IA Dept. of Public Health for funding of local AIDS programs, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None RESOLUTION NO. 47-95 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUNDING A LOCAL AIDS COALITION PROGRAM. Whereas, the Iowa Department of Public Health has offered to provide financial support for local AIDS Programs in the City of Dubuque, and Regular Session, February 20, 1995 2 Whereas, the City of Dubuque desires to establish and maintain such local AIDS Programs, and Whereas, the Iowa Department of Public Health has presented the City Health Services Division a proposed contract for funding, a copy of which is attached here NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the City of Dubuque, Iowa, hereby approves the attached AIDS coalition contract between the Iowa Department of Public Health and the City of Dubuque, Iowa. Section 2 That the City Manager or his designee is hereby authorized and directed to execute said contracts on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None City Manager recommending approval of Bunker Hill Golf Course Operating Agreement with golf professional, George Stephenson, presented and read Council Member Voetberg moved that the communication be received and filed and approved agreement Seconded by Council Member Nagle Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None Attorney D_ Flint Drake, representing Dubuque Housing Initiative (DEI) requesting council consider the procedural issue regarding number of favorable votes needed to amend a Conceptual Development Plan, presented and read Council Member Voetberg moved that the communication be referred to the Legal Staff for investigation and report. Seconded by Council Member Nagle. Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays -- None Dubuque County Board of Supervisors requesting Council's comments regarding future potential of the Dubuque County Fain) for industrial development, presented and read Council Member Voetberg moved that the matter be referred to the City Manager. Seconded by Council Member Nagle Carried by the following vote_ Yeas --Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None City Manager submitting comments regarding U S_ Postal lease at 4555 Futuro Drive, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote_ Yeas --Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None City Manager recommending release of Community Development Block Grant funds for Kennedy Manor Apartments Project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas --Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None RESOLUTION NO. 48-95 RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROSECT Whereas, the City of Dubuque Community and Economic Development Department has completed an environmental assessment of the following project to be funded by a Special Purpose Grant Kennedy Manor Apartments Project Whereas, pursuant to Resolution No 16-95 adopted February 6, 1995, public notice of a "Finding of No Significant Effect on the Environment" for the above project was published February 8, 1995, in the Dubuque Telegraph Herald and provided for a public comment period until 12 00 noon, Friday, February 26, 1995: and Whereas, public notice of a "Finding of No Significant Effect on the Environment" for the project was sent by regular mail to various federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a public notice: and Whereas, any and all objections, if any, 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 Housing and Urban Development for the release of funds to carry out the above identified project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the environmental review record for the project shall continue to remain on file in the Office of the City Clerk where said record may be examined and copied by any interested party Section 2 That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U S_ Department of Housing and Urban Development seven (7) days after publication of appropriate notice a Request for Release of Funds to undertake the said project Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues_ Section 4 That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce 3 Regular Session, February 20, 1995 responsibilities in relation to environmental review, decision making, and action Section 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures Section 6_ That the City Clerk be and she is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Certification attached hereto and made a part hereof Passed, approved and adopted this 20th day of February, 1995. Terence 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 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None City Manager submitting Urban Revitalization applications for property tax abatement, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote_ Yeas --Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None RESOLUTION NO. 49-95 RESOLUTION APPROVING RESIDENTIAL PROPERTY TAX EXEMPTION APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR. Whereas, the Iowa Urban Revitalization Act allows cities to give property tax exemptions for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for exemption by February 1st of the assessment year for which the exemption is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1st of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established_ Cathedral Gardens, Jackson Park, Holy Trinity, Washington Street, West 11th Street, Windsor Park, and Sacred Heart Place; and Whereas, the City Clerk of the City of Dubuque, as of February 1, 1995, received tax exemption applications from the following property owners in the aforementioned urban revitalization districts_ Jackson Park Urban Revitalization District Lynn Lampe for improvements at 1765 Madison Street West 11th Street Urban Revitalization District Greg and Missy Tuthill for improvements at 464 Loras Boulevard Stanley Wenzel for improvements at 524 Arlington Street Whereas, the Community and Economic Development Department and the Housing Services Department have reviewed the above described applications and inspected the properties, and have determined that applications and the improvements conform to all requirements of the City of Dubuque's Urban Revitalization Plan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the above described tax exemption applications meet the requirements of the City of Dubuque's Urban Revitalization Plan Section 2 That the above described tax exemption applications are hereby approved by the City Council, subject to the review and the approval of the City Assessor Section 3 That the City Clerk of the City of Dubuque is hereby authorized to forward the above described tax exemption applications to the City Assessor Passed, approved and adopted this 20th day of February, 1995. Terrence 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 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None Council Member Voetberg moved that the rules be suspended to allow anyone present to address the Council if they so desire Seconded by Council Member Nicholson Carried by the following vote_ Yeas --Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None Proof of Publication certified to by the Publisher on Notice to establish a Residential Parking Perna District in the Senior High School area on portions of N. Grandview Ave., Clarke Drive, Sunnyview Drive, Ungs Street and Hoyt Street, Communication of City Manager recommending approval of establishment of Residential Parking Permit District and Communication of Dubuque Community School District objecting to proposed ordinance establishing a Residential Parking Permit District in their area and requesting modifications be made, presented and read Council Member Voetberg moved that the proof of publication and the communications be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas --Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None Larry Mitchell, Pres of Senior High requested reconsideration of proposed Residential Parking Permit District Students Kara Pusateri, Theresa LeClere and Lisa Nauman objected to proposal Pete Finger and John Ludescher spoke in favor of the proposed RPPD_ An Ordinance Amending Code of Ordinances by adopting a new Section 32-396 thereto providing for the designation of a certain area as Residential Parking Permit District and an Ordinance Amending Code of Ordinances by deleting parts of Clarke Drive and North Regular Session, February 20, 1995 4 Grandview Avenue from the 2 hour time zones designated in subsection (c) of Section 32-262 providing for 2 hour parking, presented and read Council Member Voetberg moved that this be considered the first reading of the Ordinances Seconded by Council Member Nicholson Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None Proof of Publication certified to by the Publisher on Notice of Hearing to consider discontinuing the Dock Board and Corporation Counsel advising of process and procedures regarding the discontinuance, presented and read Council Member Krieg moved that the proof and communication be received and filed. Seconded by Council Member Robbins Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Neys--None Proof of Publication certified to by the Publisher on Notice of Hearing on Plans and Specifications for construction of Alice Street and Wilbur Street Retaining Walls, Proof of Publication on Notice to Bidders of the Receipt of Bids for project: City Manager requesting to reject all bids received for project and advising that Staff is preparing to redo plans and specs for the purpose of rebidding the project(s), presented and read. Council Member Voetberg moved that the proofs and communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Neys--None RESOLUTION NO. 50-95 RESOLUTION RESECTING BIDS FOR THE ALICE STREET AND WILBUR STREET RETAINING WALLS Whereas, sealed proposals were submitted by contractors for the construction of the Alice Street and Wilbur Street retaining wall pursuant to Resolution No 39-95 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of February, 1995; and Whereas, sealed proposals were opened and read on the 14th day of February, 1995 and it has been determined that the bid of Superior Excavating in the amount of $137,103.00 was the lowest bid for furnishing of all labor and materials and performing the work as provided for in the plans and specifications: and Whereas, the City Council has determined that it is in the best interest of the City to reject all bids received on the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid of Superior Excavating dated February 14, 1995 be rejected. Section 2 That Resolution No 39-95, preliminary approval of plans and specifications, is hereby rescinded Passed, approved and adopted this 20th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None. Proof of Publication certified to by the Publisher on Notice of Hearing on Plans and Specifications for the Dodge Street Sanitary Sewer Reconstruction, presented and read Council Member Voetberg moved that the proof be received and filed. 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. 51-95 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1st day of February, 1995, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Dodge Street Sanitary Sewer Reconstruction Whereas, notice of hearing on plans, specifications, fon,, of contract, and estimated cost was published as required by law NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ihat the said plans, specifications, fon,, of contract and estimated cost are hereby approved as the plans, specifications, fon,, of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 20th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None. Proof of Publication certified to by the Publisher on Notice to Bidder_ of the Receipt of Bids for project and City Manager recommending to award contract for project, presented and read. Council Member Voetberg moved that the proof and 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 Neys--None RESOLUTION NO. 52-95 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the US_ 20 - Dodge Street Sanitary Sewer Reconstruction - St Joseph, Stetmore and Meadow Lane Areas pursuant to Resolution No 44-95 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of February, 1995. Whereas, said sealed proposals were opened and read on the 14th day of February, 1995 and it has been determined that the bid of W C Stewart Construction of East Dubuque, Illinois in the 5 Regular Session, February 20, 1995 amount of $153,411 75 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to W C Stewart Construction and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders Passed, approved and adopted this 20th day of February, 1995. 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 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None BOARDS AND COMMISSIONS COMMUNITY DEVELOPMENT COMMISSION: One three year tam for Census Tract 3 which will expire 2-15-98 (tem) of M Duehr): One three year tam for Census Tract 10 which will expire 2- 15-98 (tem) of I_ Callahan): One three year tam for At Large which will expire 2-15-98 (tem) of C Steinhauser)} Applicants for Census Tract 3: Merle I Duehr Applications for Census Tract 10: Ian Callahan Council Member Voetberg moved that Merle I. Duehr (Census Tract 3) and Ian Callahan (for Census Tract 10) be reappointed to the Community Development Comm. for three year tams which will expire 2-15-98. Seconded by Council Member Robbins Carried by the following vote: Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None At Large Applicants for the Community Development Commission: John D_ Davis, Neil E Kelley and Thomas H Kersch First vote on the appointment was as follows: Mayor Duggan voted for Davis: Council Member Kluesner voted for Kelley: Council Member Krieg voted for Davis: Council Member Nagle voted for Kelley: Council Member Nicholson voted for Kelley: Council Member Robbins voted for Kersch: Council Member Voetberg voted for Davis There being no majority a second vote was taken: Mayor Duggan voted for Davis: Council Member Kluesner voted for Kelley: Council Member Krieg voted for Davis: Council Member Nagle voted for Kelley: Council Member Nicholson voted for Kelley: Council Member Robbins voted for Kelley: Council Member Voetberg voted for Davis Therefore, Neil E Kelley appointed for a three year tem) which will expire 2-15-98. ENVIRONMENTAL STEWARDSHIP COMMISSION: One unexpired tam to expire 6-1-97 (tem) of P. Schultz). Applicants: Barbara S. Bonin; Dorothy Crimmins, William I_ Gartner, Mark Hogan, Terry L. Mozena, Sam Mulgrew, Bradford R Parks Applicants Brad Parks, Sam Mulgrew, Dorothy Crimmins, Barbara Bonnin, Terry Mozena, Wm. Gartner and Mark Hogan all spoke on their own behalf Vote on the appointment was as follows: Mayor Duggan voted for Mozena; Council Member Kluesner voted for Bonnin; Council Member Krieg voted for Bonnin; Council Member Nagle voted for Gartner; Council Member Nicholson voted for Mulgrew: Council Member Robbins voted for Mulgrew: Council Member Voetberg voted for Bonnin. There being no majority, a second vote was taken: Mayor Duggan voted for Bonnin; Council Member Kluesner voted for Bonnin; Council Member Krieg voted for Bonnin; Council Member Nagle voted for Gartner; Council Member Nicholson voted for Mulgrew: Council Member Robbins voted for Mulgrew: Council Member Voetberg voted for Bonnin. Therefore, Barbara Bonnin appointed to the unexpired term which will expire 6-1-97. Zoning Commission advising of their approval to grant a 1 1!2 year extension for submittal of the final development plan for Lords Estates, effective February 1, 1995, presented and read Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote: Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None An Ordinance Amending Code of Ordinances by enacting a new Section F of Ordinance No. 56- 92 in lieu thereof pertaining to time limitation for submittal of final plan for the PR Planned Residential District for Lords Estates, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 8-95 AN ORDINANCE OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION F OF ORDINANCE 56-92 AND ENACTING A NEW SECTION F IN LIEU THEREOF PERTAINING TO TIME LIMITATION FOR SUBMITTAL OF FINAL PLAN FOR THE PR PLANNED RESIDENTIAL DISTRICT FOR LORAS ESTATES. Whereas, Ordinance 56-92 was adopted on July 20, 1992 by the City Council establishing the PR Planned Residential District for Lords Estates: Whereas, the owner, Ron and Ian Smith, has requested an extension of time for submittal of the final plan for the PR Planned Residential District for Lords Estates NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That Ordinance 56-92 Section F is hereby repealed and a new Section F is hereby enacted as follows: F_ Additional Standards A conceptual development plan shall be valid for a period of 5 years provided a final site development plan Regular Session, February 20, 1995 6 is submitted within 1 1/2 years from February 1, 1995. Section 2 This ordinance has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 3 This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 20th day of February, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk ACCEPTANCE OF ORDINANCE NO 8-95 I, Ron and Ian Smith, having read the terry_ and conditions of the foregoing Ordinance No 8- 95 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 14th day of March, 1995. By /5/ Ron Smith By /5/ Ian Smith Published officially in the Telegraph Herald newspaper this 22nd day of March, 1995 It 3/22 Mary A Davis, City Clerk Council Member Kluesner moved 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 passed be suspended Seconded by Council Member Nicholson Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None Council Member Kluesner moved final consideration and passage of the Ordinance Seconded by Council Member Nicholson Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None City Manager recommending approval of final plat for portion of Mike Garrity Place, presented and read Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None RESOLUTION NO. 53-95 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOTS 1 OF 4 AND 2 OF 4 MIKE GARRITY PLACE IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a plat of survey of Lots 1 of 4 and 2 of 4 Mike Garrity Place in the City of Dubuque, Iowa; and Whereas, said final plat has been reviewed by the City Planner and had its approval endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the plat of survey of Lots 1 of 4 and 2 of 4 Mike Garrity Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat Passed, approved and adopted this 20th day of February, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Kluesner moved adoption of the Resolution Seconded by Council Member Voetberg Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays -- None Absent --Council Member Nagle City Manager recommending approval of final plat for Shady Oaks Subdivision, presented and read Council Member Robbins moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays --None Absent --Council Member Nagle. RESOLUTION NO. 54-95 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 35 AND LOT A SHADY OAKS SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots 1 thm 35 and Lot A Shady Oaks Subdivision in the City of Dubuque, and Whereas, upon said final plat appears a street to be known as Shady Oaks Drive, Shady Oaks Court and Hidden Oaks Court, also known as Lot A, together with certain public utility and sanitary sewer and storm sewer easements which the owner by said final plat has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had his/her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below: and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets, detention facility, public improvements or public utilities have yet been constructed or installed: and Whereas, the City Council concurs in the conditions of approval established by the Zoning Commission and the City Planner NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the dedication of Shady Oaks Drive, Shady Oaks Court and Hidden Oaks Court also known as Lot A, together with the easements for public utilities, sanitary sewer, storm sewer and street lights as they appear upon said final plat, be and the same are hereby accepted; and Section 2 That the plat of Lots 1 thm 35, both inclusive of Shady Oaks Subdivision in the City of Dubuque, Dubuque County, Iowa is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: 7 Regular Session, February 20, 1995 a To reduce Shady Oaks Drive, Shady Oaks Court and Hidden Oaks Court to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in conformance with constmction improvement plans approved by the City Fneineer, and inspected by the City Fneineer_ b To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Fneineer, and in accordance with constmction improvement plans approved by the City Fneineer, and inspected by the City Fneineer_ c To provide sanitary sewer easements for off-site constmction as necessary to service the subdivision as shown on constmction improvement plans approved by the City Fneineer_ d To provide off-site detention facilities in accordance with constmction improvement plans approved by the City Fneineer. e To constmct said improvements, prior to one (1) year from the date of acceptance of this resolution, at the sole expense of the owners, or future owners; f To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owners, And further provided that said Ed Tsschiggfrie, as owner of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa Section 3 Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of-way, as required by City Code 42-24 Section 4 That in the event Ed Tsschiggfrie shall fail to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective Passed, approved and adopted this 20th day of February, 1995. Terence M. Duggan, Mayor ATTEST: Mary A Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 54-95 I, the undersigned, Ed Lschiggfrie, having read the tams and conditions of the Resolution No 54- 95 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 21st day of February, 1995. By is/Ed Tschiggfrie TO_ MaryA Davis City Clerk This is to certify that the necessary security for the foregoing Resolution No 54-95 has been properly filed. Dated at Dubuque, Iowa this 21st day of February, 1995. Michael C Van Milligen, City Manager Council Member Robbins moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays -- None Absent --Council Member Nagle City Manager recommending approval of final plat of Ward West Plaza, presented and read Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays --None Absent --Council Member Nagle. RESOLUTION NO. 55-95 A RESOLUTION APPROVING THE FINAL PLAT OF LOT 1, LOT A AND LOT B OF WARD WEST PLAZA IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lot 1, Lot A and Lot B of Ward West Plaza in the City of Dubuque, Iowa: and Whereas, upon said final plat appears a street to be known as McDonald Drive, together with certain public utility and sanitary and storrn sewer easements which the Owner by said final plat has dedicated to the public forever; and Whereas, said preliminary plat has been examined by the Zoning Commission and the City Planner has endorsed the final plat thereon subject to the owner agreeing to the conditions noted in Section 2 below: and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed; and Whereas, the City Council concurs in the conditions of approval NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the dedication of McDonald Drive, also known as Lot A of Ward West Plaza together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2 That the plat of Lot 1, Lot A and Lot B of Ward West Plaza is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owner of said property herein named, executes his written acceptance hereto attached agreeing: a To reduce McDonald Drive to grade and to constmct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications: all in e Regular Session, February 20, 1995 8 manner acceptable to the City Fneineer and in conformance with construction improvement plans approved by the City Fneineer. b To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications and in accordance with construction improvement plans approved by the City Fneineer, and inspected by the City Fneineer_ c To construct said improvements, except sidewalks, prior to two years from the date of acceptance of this resolution, at the sole expense of the subdivider, as owner, or future owner; d Io maintain the public improvements, except sidewalks, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the subdivider, as owner,or future owner; e To construct sidewalks in accordance with the requirements of Section 42-24(e) of the City Code, specifically_ Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of-way. The responsibility shall extend to all successors, heirs and assignees_ Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. f To install temporary cul-de-sac(s) at the west line of Lot A of Ward West Plaza, as shown on the approved construction improvement plans And further provided that said John Ward, as owner of said property, shall secure the performance of the foregoing conditions provided in Section 2 by providing security in such fon) and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3 That in the event John Ward shall fail to execute the acceptance and furnish the security provided in Section 2 hereof within forty- five (45) days after the date of the Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective Passed, approved and adopted this 20th day of February, 1995. Terence M. Duggan, Mayor ATTEST: Mary A Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 55-95 I, the undersigned, John Ward, having read the terms and conditions of the Resolution No 55-95 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 28th day of March, 1995. By RI John Ward To_ Mary A Davis City Clerk This is to certify the necessary security for the foregoing Resolution No_ 55-95 has been filed Dated at Dubuque, Iowa this 13th day of April, 1995. /5/ Michael C Van Milligen City Manager Council Member Krieg moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays -- None Absent --Council Member Nagle City Manager recommending approval of survey of plat of Yiannias Place, presented and read Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays --None Absent --Council Member Nagle. RESOLUTION NO. 56-95 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOTS 1 AND 2 OF YLANNLAS PLACE NO. 2 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a plat of survey of Lots 1 and 2 of Yiannias Place No 2 in the City of Dubuque, Iowa; and Whereas, said final plat has been reviewed by the City Planner and had its approval endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the plat of survey of Lots 1 and 2 of Yiannias Place No 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat Passed, approved and adopted this 20th day of February, 1995. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Kluesner moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays -- None Absent --Council Member Nagle City Manager submitting ordinances regarding parking restriction on East 7th Street, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays --None Absent -- Council Member Nagle 9 Regular Session, February 20, 1995 An Ordinance Providing for deletion of two hour parking on East 7th Street, north side, from White Street to Jackson Street and Ordinance No. 10-95 Providing for the prohibiting of parking on East 7th Street, north side, from White to Jackson Streets, presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 9-95 AN ORDINANCE AMENDING SECTION 32-362(c) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR TWO HOUR PARKING BY DELETING CERTAIN PORTIONS OF EAST SEVENTH STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting Seventh Street from Subsection (c) of Section 32- 262 thereof as follows_ Sec 32-262 Prohibited on designated streets or portions thereof (c) Time zones designated Two Hour Time Zones Seventh Street, East, north side, from White Street to Jackson Street Passed, approved and adopted this 20th day of February, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 24th day of February, 1995 It 2124 Mary A Davis, City Clerk Council Member Voetberg moved that the requirement that the proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by Council Member Nicholson Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays --None Absent --Council Member Nagle.. Council Member Voetberg moved final consideration and passage of the Ordinance Seconded by Council Member Nicholson Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays --None Absent -- Council Member Nagle (OFFICIAL PUBLICATION) ORDINANCE NO. 10-95 AN ORDINANCE AMENDING SECTION 32-262(D) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF ADDING CERTAIN PORTIONS OF EAST SEVENTH STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY DUBUQUE, IOWA: Section 1 That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding to Subsection (d) of Section 32-262 the following- Seventh Street, East, north side, from White Street to Jackson Street Passed, approved and adopted this 20th day of February, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of February, 1995 It 2/24 Mary A Davis, City Clerk Council Member Voetberg moved that the requirement that the proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by Council Member Nicholson Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays --None Absent --Council Member Nagle.. Council Member Voetberg moved final consideration and passage of the Ordinance Seconded by Council Member Nicholson Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays --None Absent -- Council Member Nagle RESOLUTION NO. 57 -95 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 occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Kids World Pizza Place Kids World Pizza Place—(Sunday Sales) 3033 Asbury George M Stephenson Bunker Hill Golf Course—(Sunday Sales) Bunker Hill - (Out Door Service) CLASS "C BEER PERMIT Loren Ziihlke Windsor Milk House -(Sunday Sales) 2311 Windsor Molo Oil Company Big 10 Matt -(Sunday Sales) 2100JFK Rd Lee W Potter Sr_ West Locust Matt -(Sunday Sales) 408 W Locust TFM Co_ Oky Doky 4 2 -(Sunday Sales) 51 W 32nd St Passed, approved and adopted this 20th day of February, 1995 Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Kluesner moved adoption of the Resolution Seconded by Council Member Robbins Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays -- None Absent --Council Member Nagle RESOLUTION NO. 58 -95 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Regular Session, February 20, 1995 10 Whereas, the premised to be occupied by such applicants were inspected and found to comply with the State Lawn 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 "B" (HOTEUMOTEL) LIQUOR LICENSE Dubuque Lodging Inc Days Inn— (Sunday Sale & Out Door Serv) 1111 Dodge St CLASS "C (COMMERCIAL) LIQUOR LICENSE Cue Master Ltd Cue Master Billiards --(Sunday Sales) 900 Central Steve Ankeny (Apt Ltd Corp) Dubuque Mining Company -(Sunday Sales) 555 JFK Mike Lambert Mike's North End Joint --(Sunday Sales) 3203 Jackson Passed, approved and adopted this 20th day of February, 1995 Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Kluesner moved adoption of the Resolution Seconded by Council Member Robbins Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays -- None Absent --Council Member Nagle Zoning Commission advising of their approval to reclassify property at 2077 and 2093 Hummingbird Drive to R-3 District, presented and read Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Robbins Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays --None Absent --Council Member Nagle. An Ordinance Amending Zoning Map by reclassifying property located at Lot 5 and Lot 6, Block 10 of Sunny Slope Estates from R-4 Multi - Family Residential District to R-3 Moderate Density Multi -Family Residential District, presented and read Council Member Kluesner moved 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 passed be suspended Seconded by Council Member Robbins Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays --None Absent -- Council Member Nagle Council Member Kluesner moved that a Public Hearing be held on the proposed Ordinance on the 6th day of March, 1995, at 7:30 o'clock p m. at the Public Library Auditorium and that the City Clerk be directed to publish notice in the manner prescribed by law Seconded by Council Member Robbins Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays --None Absent -- Council Member Nagle City Manager requesting a public hearing on Lease and Agreement between the City and Dubuque Historic Improvement Company regarding reserved parking stalls in Municipal Parking Lot 43, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Krieg Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays --None Absent --Council Member Nagle RESOLUTION NO. 59-95 LEASE AGREEMENT WITH DUBUQUE HISTORIC IMPROVEMENT COMPANY Whereas, the Dubuque Historic Improvement Company has renovated the Redstone property located at Fifth and Bluff Streets, and Whereas, parking is an essential element in the utilization of this property to accommodate its clientele; and Whereas, the Dubuque Historic Improvement Company has expressed an interest in leasing sixteen (16) spaces in the City of Dubuque municipal parking lot located at the northwest scorner of Fifth and Bluff Streets, and Whereas, the tem of the lease would be for 10 years from April 1, 1995 through March 31, 2005, and Whereas, the base rental would be $4,608 00 per year effective April 1, 1995, and subject to adjustments in rental in parity with rates charged for Dubuque municipal surface parking lots NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the lease of sixteen (16) spaces in the City of Dubuque municipal parking lot located at Fifth and Bluff Streets as shown on Exhibit "A" to Dubuque Historic Improvement Company is hereby approved subject to a public hearing in accordance with the tams and conditions of the attached lease agreement. Section 2 That the City Clerk be directed to publish notice of public hearing for lease of this property in accordance with lease agreement under procedures established for the disposal of property, Section 364 7 Code of Iowa, as amended Passed, approved and adopted this 20th day of February, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution with said Public Hearing scheduled for March 6, 1995 at 7:30 p m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law Seconded by Council Member Krieg Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays --None Absent -- Council Member Nagle City Manager recommending to set 3-8-95 as date for a meeting on the proposition to issue $2,100,000 Essential Corporate Purpose General Obligation Bonds, presented and read Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None 11 Regular Session, February 20, 1995 RESOLUTION NO. 60-95 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $2,100,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General Obligation Bonds to the amount of not to exceed $2,100,000, as authorized by Section 384 25 of the Code of Iowa for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and Whereas, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That this Council meet in the Auditorium of the Carnegie Stout Public Library, Dubuque, Iowa, at 7:30 o'clock p m. on the 8th day of March, 1995, for the purpose of taking action on the matter of the issuance of not to exceed $2,100,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to pay costs of improvements and repaving of taxiways and adjacent areas at the Municipal Airport, the acquisition, constmction, reconstmction and improvement of stoma sewers and related facilities for the collection and disposal of surface water and streams; the constmction, reconstmction and repairing of street improvements and sidewalks, the acquisition, constmction, improvement and installation of street lighting fixtures, connections, and facilities, and the acquisition, constmction, reconstmction, improvement and repair of bridges guardrails and retaining walls Section 2 The City Clerk is directed to cause at one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds Section 3 The notice of the proposed action to issue said bonds shall be in substantially the fomn provided as attached to this resolution Passed, approved and adopted this 20th day of February, 1995. Ierrence M Duggan, MayorAttest Mary A Davis, City Clerk Council Member Krieg moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None. City Manager submitting resolutions providing for public hearing on the Fiscal Year 1996 Budget, presented and read Council Member Voetberg moved that the communication be received and filed Seconded by Council Member Robbins Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays -- None. RESOLUTION NO. 61-95 RESOLUTION SETTING THE DATE OF THE PUBLIC HEARING ON THE FISCAL YEAR 1996 BUDGET FOR THE CITY OF DUBUQUE Whereas, Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for a public hearing on the budget before the final certification date and shall publish notice before the hearing as provided in Section 362 3 of the Code of Iowa NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the City Council shall conduct e public hearing on the proposed 1995-96 budget of the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Wednesday, March 8, 1995, beginning at 7 30 p nr Section 2 That the City Clerk be and is hereby authorized and directed to publish according to law notice of public hearing together with the required budget infommation. Passed, approved and adopted this 20th day of February, 1995. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Robbins Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None. RESOLUTION NO. 62-95 SETTING THE DATE OF PUBLIC HEARING ON THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a proposed five year Capital Improvement Program for the City of Dubuque has been prepared and submitted to the City Council, and Whereas, the capital projects for the first year are included in the Fiscal Year 1996 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and to adopt the five year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 1996 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the City Council shall conduct a public hearing on the five year Capital Improvement Program at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Wednesday, March 8, 1995, beginning at 7 30 p nr Section 2 That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing. Regular Session, February 20, 1995 12 Passed, approved and adopted this 20th day of February, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Robbins Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None RESOLUTION NO. 63-95 AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEARING FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Whereas, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974, as amended, to certain Community Development Block Grant funds, and Whereas, the regulations governing the submission of a statement of intent for such funds require that citizens be provided with adequate information concerning the Community Development Block Grant Program and an adequate opportunity to participate in the development of the submission and in the development of any revisions, changes or amendments; and Whereas, it has been deemed to be in the best interest of the Community Development Block Grant Program to hold a public hearing to supplement previously held meetings with private and public agencies, City Manager's budget meetings, and the public meeting conducted by the Community and Economic Development Department, and Whereas, it is further deemed to be in the best interest of the City of Dubuque to hold such public hearing simultaneously with the public hearing on the five year Capital Improvement Program and the Fiscal Year 1996 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Clerk be and is hereby authorized and directed to publish notice of public hearing in the fomn of Exhibit "A" attached hereto and made a part thereof Passed, approved and adopted this 20th day of February, 1995. Terrance M. Duggan, Mayor ATTEST: Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Robbins Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None At 9:03 pm., Council Member Voetberg moved to go into Closed Session in accordance with Ch 2017 Code of Iowa relating to Collective Bargaining. Seconded by Council Member Kluesner Carried by the following vote_ Yeas -- Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None Council reconvened Regular Session at 9 37 P m. There being no further business, Council Member Voetberg moved to adjourn. Seconded by Council Member Krieg Carried by the following vote_ Yeas --Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays --None Meeting adjourned at 9:39 p m. Approved Adopted Attest Mary A Davis CMC City Clerk Mayor 1995 1995 Council Members City Clerk