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1995 December Council ProceedingsRegular Session, December 4, 1995 1 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 4, 1995 Council Met at 7:00 pm., Public Library Auditorium. Preset: Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A Lindahl Absent Council Member Nicholson 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 many properly come before the Council. The invocation was given by Mayor Terry Duggan. MINUTES SUBMITTED — Airport Commission of 10-11; Citizens with Disabilities Parking Review Committee of 11-14: Electrical Code Board of 11-20: Five Flags Commission of 11-20; Historic Preservation Commission of 11- 16: Housing Commission of 11-14: Long Range Planning Commission of 11-15: Park & Recreation Commission of 11-14, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Finance Director submitting City Financial Reports for month of October, 1995; Proof of Publication on Notice of Printed Council Minutes for meeting of 11-6-95: and Investment Oversight Commission submitting their quarterly report, presented and read Council Member Voetberg moved that the reports and proof be received and filed. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson NOTICES OF CLAIMS/SUITS — Colleen Hanson in amount of $7220 for tire damages: Peggy Emzen in amount of $193 69 for vehicle damages, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Corporation Counsel advising following claims have been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool_ Truck damages of EMC Insurance Companies: Personal injury of Dianne M Lenane, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Kevin Eipperle, Chair of Historic Preservation Commission offering suggestions regarding reconstruction of brick streets in our community and suggestions on disposal of these bricks, presented and read Council Member Voetberg moved that the communication be referred to the City Manager Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson HUD advising of approval of the CHAS report submitted for the period of October 1, 1994 through June 30, 1995, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Dubuque Jaycees, KDTH and KATF Radio wishing to conduct a fireworks display on Wednesday, July 3, 1996 from 9:00 P M. to 10:30 PM. located on Volunteer Road between Hawthorne and Lime Streets, presented and read Council Member Voetberg moved that they approve the request and referred to City Manager for implementation. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Patricia A. Pearson and Jayne Uelner submitting their resignations from the Zoning Board of Adjustments effective immediately and Jane Dusil submitting her resignation from the Library Board of Trustees effective immediately, presented and read Council Member Voetberg moved that the communications be received and filed and resignations accepted with regret_ Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager advising of affirmation of final plat of Renaissance Oaks, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 391-95 2 Regular Session, December 4, 1995 A RESOLUTION RESCINDING RESOLUTION NO. 88-93 AND REAFFIRMING THE FINAL PLAT OF LOTS A AND B OF RENAISSANCE OAKS IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots A and B of Renaissance Oaks in the City of Dubuque, Iowa; and Whereas, upon said final plat appear street(s) to be known as Renaissance Drive, together with certain public utility and sanitary sewer and storrn sewer and easements which the owners by said final plat have dedicated to the public forever, and Whereas, said final plat has been found to be in compliance with the conceptual development plan approved by the Zoning Commission, subject to the owners agreeing to the conditions noted 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 and Whereas, the City Council has approved the final plat of Lots A and B of Renaissance Oaks in Resolution No 88-93, and Whereas, the City Council reaffirms their concurrence with 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 1 That Resolution No 88-93 is hereby rescinded Section 2 That the dedications of Lot A, to be known as Renaissance Drive, together with the easements for public utilities, sanitary sewer, storrn sewer and water mains as they appear upon said final plat, be and the same are hereby accepted, and Section 3 That the approval of the final plat of Lots A and B of Renaissance Oaks 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 Renaissance Drive 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 Fneineer, and in conformance with construction 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 construction improvement plans approved by the City Fneineer, and inspected by the City Fneineer_ c To construct said improvements, prior to one year from the date of acceptance of this resolution, at the sole expense of the owners, or future owners, d 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 owner_, Section 4 That said Renaissance of Dubuque Corporation, as owners of said property, shall secure the performance of the foregoing conditions provided in Section 3 by providing guarantees in such forrn and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section i Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of-way, as required by City Code 41-161 through 41-164 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 Section 6 That final acceptance of all public improvements shall occur upon certification of the City Fneineer that public improvements have been completed in accordance with the improvement plans and City standard specifications Section 7 That in the event Renaissance of Dubuque Corporation shall fail to execute the acceptance and furnish the guarantees provided in Section 4 hereof within forty-five (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 4th day of December, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager recommending amendment to the Dubuque Racing Association Lease regarding security at Dubuque Greyhound Park, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 392-95 RESOLUTION APPROVING FOURTH AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE RACING ASSOCIATION, LTD. Whereas, the City of Dubuque, Iowa (City) and Dubuque Racing Association, Ltd (Association) entered into a written Lease Agreement on February 28, 1990, which Lease Agreement was Regular Session, December 4, 1995 3 amended on July 23, 1990, and October 18, 1993; and November 1, 1994; Whereas, it is necessary to further amend certain provisions of the Lease Agreement, and Whereas, Association and City now desire, pursuant to the Lease Agreement, to amend the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Fourth Amendment to the Lease Agreement between the City and the Association is hereby approved, and the Mayor is authorized and directed to sign the Fourth Amendment on behalf of the City Passed, approved and adopted this 4th day of December, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager recommending to submit for e Flood Disaster Relief Fund, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 393-95 RESOLUTION AUTHORIZING THE SUBMISSION OF A FLOOD DISASTER RELIEF FUND GRANTEE PERFORMANCE REPORT FOR THE PERIOD COMMENCING AUGUST 19, 1994 AND CONCLUDING AUGUST 19, 1995 Whereas, the City of Dubuque, Iowa, Is a flood disaster relief grant recipient under the Community Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the CDBG regulations require that after the completion of a program year, each entitlement recipient must submit a performance and evaluation report Grantee Performance Report (GPR); and Whereas, the City has_ 1) prepared a GPR for the program year commencing August 19, 1994, and concluding August 19, 1995, 2) published notice of availability of the GPR in the Telegraph Herald on November 13, 1995; 3) made copies of the GPR available for public review at the Carnegie Stout Public Literary, City Hall, and Housing Services Department, and 4) held a public hearing pursuant to published notice before the Community Development Commission on November 28, 1995, and Whereas, the Community Development Commission has voted to approve the GPR and to recommend City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Flood Disaster Relief Fund Grantee Performance Report for the period commencing August 19, 1994, and concluding August 19, 1995, a copy of which is attached, is hereby approved for submission Section 2 That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Grantee Performance Report on behalf of the City of Dubuque, Iowa. Section 3 That the City Manager is hereby authorized and directed to submit the Grantee Performance Report to the U.S. Department of Housing and Urban Development Passed, approved and adopted this 4th day of December, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager recommending Cooperative Winter Maintenance Agreement with Dubuque County, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 394-95 RESOLUTION APPROVING COOPERATIVE WINTER MAINTENANCE AGREEMENT WITH THE COUNTY OF DUBUQUE. Whereas, Chapter 368 of the Code of Iowa was recently amended by Senate File 418 regarding secondary road responsibilities when proposed annexations include property on only one side of an existing roadway_ Whereas, the City of Dubuque, Iowa and Dubuque County, Iowa agree that winter road maintenance split down roadway' centerlines is not cost efficient or practical, and Whereas, the City of Dubuque agrees to perform for Dubuque County winter maintenance operations on portions of John F_ Kennedy Road and Peru Road; and Whereas, Dubuque County agrees to pefoi m for the City of Dubuque winter maintenance operations on portions of Fnelish Mill Road, Radford Road, Old Highway Road, Middle Road, North Cascade Road and Riverside Road; and Whereas, it is necessary that the City of Dubuque and Dubuque County enter into an agreement regarding the winter maintenance on these roadways NOW, THEREFORE, BE IT RESOLVED BY THE CTTY COUNCIL OF THE CTTY OF DUBUQUE, IOWA: Section L That the City Council of the City of Dubuque, Iowa hereby approve and direct the Mayor to sign the Agreement with Dubuque County for winter maintenance operations on said roadways. 4 Regular Session, December 4, 1995 Passed, approved and adopted this 4th day of December, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager recommending accepting Supplement :27 to the Code of Ordinances, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 395-95 ADOPTING SUPPLEMENT NO. 27 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council, pursuant to Ordinance No 34-89, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including December 19, 1988, and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances: and Whereas, Section 380 8 of the Code of Ordinances provides that supplements, by resolution, become part of the Code of Ordinances NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That Supplement No 27 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 57-95 enacted through September 18, 1995 and prepared by the Sterling Codifers, Inc, Weiser, ID hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of December, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager recommending acceptance of improvements for Mama Ridge Estates, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 396-95 ACCEPTING IMPROVEMENTS IN MARNA RIDGE ESTATES Whereas, pursuant to Resolution Nos_ 216-92 and 290-93 certain improvements including street paving, storm sewers, sanitary sewers and watermain and street lighting were installed by the developer of Mama Ridges Estates - Block 1 and Block 2: and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council 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 improvements in Mama Ridge Estates - Block 1 and Block 2 be and the same is hereby accepted Section 2 That maintenance of said improvements shall be the responsibility of the contractor and the owner for a period of two year's from this date Passed, approved and adopted this 4th day of December, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager recommending acceptance of improvements for Ward Commercial & Ward West Plaza, presented and read Council Member Voetberg moved that the communication be received and filed Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 397-95 ACCEPTING IMPROVEMENTS IN WARD COMMERCIAL AND WARD WEST PLAZA Whereas, pursuant to Resolution Nos_ 171-94 and 55-95 certain improvements including street paving, storm sewers, sanitary sewers and watermain and street lighting were installed by the developers of Ward Commercial and Ward West Plaza: and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council Regular Session, December 4, 1995 5 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 improvements in Ward Commercial and Ward West Plaza be and the same is hereby accepted Section 2 That maintenance of said improvements shall be the responsibility of the contractor and the owner for a period of three year's from this date Passed, approved and adopted this 4th day of December, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager recommending acceptance of improvements in Northrange Subdivision No 2, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 398-95 ACCEPTING IMPROVEMENTS IN NORTHRANGE SUBDIVISION NO. 2 Whereas, pursuant to Resolution Nos_ 368-91, 396-91 and 141-92 certain improvements including street paving, storm sewers, sanitary sewers and watemain and street lighting were installed by the developer of Northrange Subdivision No 2; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council 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 improvements in Northrange Subdivision No 2 be and the same is hereby accepted Section 2 That maintenance of said improvements shall be the responsibility of the contractor and the owner for a period of two year's from this date Passed, approved and adopted this 4th day of December, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 399-95 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City Kwik Stop Food Matt Rambo Oil Com 4039 Pennsylvania Ave Ion a Restaurant & Lounge Mindy I Lewin 225 W 6th St Passed, approved and adopted this 4th day of December,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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 400-95 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 "C BEER PERMIT Iowa Oil Co_ IOCO Speed Shoppe --(Sunday Sales) 2150 Twin Valley Rd Passed, approved and adopted this 4th day of December,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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 401-95 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws 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: 6 Regular Session, December 4, 1995 That the Manager be authorized to cause to be issued the following named applicants a Liquor License CLASS "B"(HOTEL-MOTEL) LIQUOR LICENSE Design Center, Inc Julien Inn --(Sunday Sales) 200 Main St CLASS "C (COMMERCIAL) SEER & LIQUOR LICENSE Donna Ostrander Donna Dip Tap 1689 Elm St Silly Sucks, Inc Silly Sucks E St Tap (-Sunday Sales) 521 E 22nd Mindy Jo Lewin Iona Rest --(Sunday Sales & Outdoor) 225 W 6th Passed, approved and adopted this 4th day of December, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson BOARDS AND COMMISSIONS HISTORIC PRESERVATION COMMISSION: One unexpired tem) from the Jackson Park District which will expire 7-1-98 (tem) of C Crall) Applicants: Mary (MI) Ayers, Gail Naughton Applicants to address the Council Gail Naughton addressed the Council LIBRARY BOARD: One Unexpired terra which will expire 7-1-01 which will expire 7-1-01 (tem) of I Dusil) Applicants: Loin Regan, Edmund I Vander millen, Teri L Zuccaro Applicants to address the Council No one addressed the Council HOUSING COMMISSION: One unexpired tem) which will expire 8-17-96 (term of L Crall): One unexpired tam which will expire 8-17-96 (tem) of A Michalski): One Unexpired tam which will expire 8-17-97 (tem) of L Zimmerman) Applicants: Ruth Clark, Jim Holz, Denette Kellogg and Harry Neustadt Vote on the 8-17-97 tam (of L Zimmerman) was as follows: Mayor Duggan voted for Holz Council Member Kluesner voted for Kellogg Council Member Krieg voted for Holz Council Member Nagle voted for Holz. Council Member Nicholson was absent Council Member Robbins voted for Holz. Council Member Voetberg voted for Kellogg Therefore, Jim Holz was appointed to fill the 8-17-97 tam on the Housing Commission Vote on the 8-17-96 tam (of T. Crall) was as follows: Mayor Duggan voted for Kellogg Council Member Kluesner voted for Kellogg Council Member Krieg voted for Kellogg Council Member Nagle voted for Kellogg Council Member Nicholson was absent Council Member Robbins voted for Kellogg Council Member Voetberg voted for Kellogg. Therefore, Denette Kellogg was appointed to the tam which will expire 8-17-96 on the Housing Commission Vote on the other 8-17-96 tem (of A Michalski) was as follows: Mayor Duggan voted for Neustadt Council Member Kluesner voted for Neustadt Council Member Krieg voted for Clark Council Member Nagle voted for Neustadt Council Member Nicholson was absent Council Member Robbins voted for Clark Council Member Voetberg voted for Neustadt Therefore, Harry Neustadt appointed to the tem which will expire 8-17-96 on the Housing Commission INVESTMENT OVERSIGHT COMMISSION: One Unexpired tem) which will expire 7-1-98 (term of R. Stein). Applicant: F. (Scott) Motto, CFA Council Member Kluesner moved that the F. (Scott) Motto be appointed to fill the unexpired term on the Investment Oversight Commission which will expire 7-1-98. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Council Member Nagle moved that the roles be suspended to allow anyone present to address the Council if they so desire Seconded by Council Member Robbins Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Proof of Publication certified to by the Publisher on Notice of Public Hearing to reclassify property at 1095 Cedar Cross Road from AG to PUD District with a PC District designation, Mr & Mrs John Steger and petitions containing 8 signatures and 10 signatures objecting to rezoning as requested, presented and read Council Member Voetberg moved that the proof and objections be received and filed. Seconded by Council Member Nagle Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Attorney Wm Conzett representing Floyd Kunkel requested favorable rezoning. Jack Heider_chet and Carole Heider_hcet, abutting property owners, John and Carla Steger, 11775 N Cascade Rd and also representing Dr Tjarks of 11875 N Cascade Rd, voiced objections to the proposed rezoning and also submitted a petition with sixteen names objecting An Ordinance Amending Zoning Map by reclassifying property located at 1095 Cedar Cross Road from AG Agricultural District to PUD Planned Unit Development District with a PC Planned Commercial District designation and adopting a Conceptual Development Plan, with Conditions, Ordinance approved by Zoning Commission, first & second readings given on 11- 2Q presented for final action (OFFICIAL PUBLICATION) Regular Session, December 4, 1995 7 ORDINANCE NO. 77-95 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1095 CEDAR CROSS ROAD FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CII/ COUNCIL OF THE CII/ OF DUBUQUE, IOWA: Section 1 Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to PUD Planned Unit Development District with a PC Planned Commercial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as stated below, to wit Lot 3 of the I George Subdivision except the northeasterly 391 feet thereof to the center line of the adjoining public right-of-way, all 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: a) Business services [29] b) Wholesale sales/distributor [29] c) General office [14] d) Indoor recreation [37] e) Railroads and public or quasi -public utilities including substations—[47] 2) Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves_ [ ] Parking group—see Section 4-2 of the Zoning Ordinance. B_ 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. 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) Lighting shall be provided per City standards 2) Landscaping shall be provided in compliance with Section 4 4 of the Zoning Ordinance and as stipulated in the conceptual development plan Also stipulated, is the requirement for a techny arborvitae hedge, planted a minimum 5 feet high at planting, 5 feet on center and 200 feet in length located in a manner subject to approval of the adjacent property owners (Mr. and Mrs Heider_cheit) 3) All utilities including telephone and cable television shall be installed underground 4) Sidewalks shall be placed four (4) feet behind the curb parallel to the street on all public street frontages and constructed in accordance with City standards 5) 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. 6) Subdivision plats and improvements plans shall be submitted in accordance with Chapter 42 of the City of Dubuque Code of Ordinances The approved conceptual development plan shall serve as the preliminary plat D. Open Space and Recreational Areas Those 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 C-2 Neighborhood Shopping Center District as established in Section 4-311 of the Zoning Ordinance. F_ Additional Standards 1) The conceptual development plan shall be valid for a period of five (5) years provided a final site development plan and/or a final subdivision plat and improvement plans for the proposed public street(s) are submitted within three (3) years from the date of approval. G_ Transfer of Ownership Transfer of ownership or lease of property in this PUD 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 H Reclassification of Subject Property The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the AG Agricultural District in accordance with Section 6 of the Zoning Ordinance if the property owner(s) fanix) to complete or maintain any of the conditions of this ordinance. L Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. I. Recording. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns 8 Regular Session, December 4, 1995 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 affect upon publication, as provided by law. Passed, approved and adopted this 4th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk ACCEPTANCE OF ORDINANCE NO 77-95 I, Floyd Kunkel, property owner, having read the tams and conditions of the foregoing Ordinance No. 77-95 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein Dated this 7th day of December, 1995_ By /s/ Floyd Kunkel Henkel, Inc. Published officially in the Telegraph Herald this 12th day of December, 1995 It 12/12 Mary A Davis CMC, City Clerk Council Member Voetberg 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Mayor Duggan left the Chambers leaving Mayor Pro -Tem Voetberg as the Chair Proof of Publication, certified to by the Publisher, on Notice of Public Hearing to reclassify property located at 1927 University Ave from R-3 to C-1 District, copies of objections to Zoning Commission from Michael W Surds and Alan E Kean, presented and read Council Member Kluesner moved that the proof and objections be received and filed. Seconded by Council Member Voetberg Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Applicant Marianne Healy spoke requesting this reclassification SO as to allow her to operate a sewing business An Ordinance Amending Zoning Map by reclassifying property located at 1927 University Avenue from R-3 Moderate Density Multi -Family Residential District to C-1 Neighborhood Commercial District, said Ordinance was denied by Zoning Commission, now set for hearing only on 11-20 with no readings given, presented for further action Council Member Kluesner moved to concur with the Zoning Commission's denial of the Ordinance. Seconded by Council Member Voetberg earned by the following vote_ Yeas—Mayor Pro -Tem Voetberg, Council Members Kluesner, Krieg, Nagle, Robbins Absent—Mayor Duggan, Council Member Nicholson Mayor Duggan then retumed to the Chambers Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider disposing of City's interest in real estate known as Lot 1 of Penn Ave and City Manager endorsing sale of property, presented and read Council Member Kluesner moved that the proof and communication be received and filed. Seconded by Council Member Nagle earned by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Frank Takos spoke in favor of the sale RESOLUTION NO. 402-95 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 24th day of November, 1995, the City Council of the City of Dubuque, Iowa met on the 4th day of December, 1995, at 7:00 pm. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as Lot 1 of Penn Avenue Place in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate to Sunset Park Place, L.C. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the disposal of the interest in the City of Dubuque, Dubuque County, Iowa in real property described as Lot 1 of Penn Avenue Place in the City of Dubuque, Dubuque County, Iowa to Sunset Park Place, LC be and the same is hereby approved for $1,935 00, plus cost of publication, platting and filing fees, conveyance shall be by Quit Claim Deed Section 2 That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above named grantee upon receipt of the purchase price in full. Section 3 That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor Passed, approved and adopted this 4th day of December, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager recommending approval of assignment of Sewer Use Agreement (tabled on 11-20), presented and read Council Member Krieg moved that the matter be removed from the table and received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Regular Session, December 4, 1995 9 Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Chuck Naylor, on behalf of FDL Foods, Inc, spoke requesting approval of assignment of the Sewer Use Agreement. RESOLUTION NO. 403-95 RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE SEWER USE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FDL FOODS, INC., SUBJECT TO CERTAIN CONDITIONS AND AGREEMENTS. Whereas, the City of Dubuque, Iowa, and FDL Foods, Inc, (hereinafter FDL) entered into a certain Sewer Use Agreement dated August 1, 1994; and Whereas, the said Sewer Use Agreement prohibits assignment without the prior written consent of the City and that a merger, sale of the majority of the stock or consolidation shall be deemed an assignment for the purposes of the Agreement, and Whereas, FDL wishes to enter into an arrangement whereby IBP Subsidiary, Inc. a wholly owned subsidiary corporation of IBP, Inc, (IBP) will be merged in a statutory merger with FDL, the surviving corporation being FDL, which will be wholly owned by IBP and has requested the City to consent to the assignment, and Whereas the City Council finds that it should consent to the assignment of the Sewer Use Agreement to FDL, the surviving corporation in the merger, subject to certain conditions NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 The assignment of the Sewer Use Agreement between the City of Dubuque and FDL by the merger of FDL with a subsidiary of IBP resulting in the survival of FDL Foods, Inc, wholly owned by IBP, is hereby approved and consented to, subject to the acceptance of the conditions set forth herein Section 2 The above consent to assignment is subject to acknowledgement and consent by the surviving FDL Foods, Inc, that the Agreement shall continue in full force and effect, including the provisions relating to assignment as set forth in the Agreement. Section 3 This consent to assignment shall apply only to the assignment as requested by FDL Foods, Inc, as set forth herein and no other assignment as that tem is referred to in the Sewer Use Agreement. Passed, approved and adopted this 4th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Krieg moved adoption of the Resolution Seconded by Council Member Voetberg Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Communications of Kathleen McMullen and other representatives of TCI Cablevision of Dubuque, Inc requesting to address the Council regarding the creation of a commercial cable rate structure endorsed by the Cable Commission and Walter Webster, Chairman Pro -Ten of Cable TV Regulatory Commission reporting on the analysis and consideration regarding above proposal, said item pulled from the Agenda and rescheduled for Council Meeting of 12-18-9i Paul Kraus requesting Council to consider an ordinance that would ban the city government from knowingly purchasing styrofoam products, presented and read Council Member Voetberg moved that this matter be referred to the Environmental Stewardship Commission Seconded by Council Member Kluesner Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Mr Kraus spoke requesting banning all styrofoam products City Manager regarding the Downtown Loan Program, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Bud Lsenhart spoke objecting to project because of impact of TIF monies RESOLUTION NO. 404-95 RESOLUTION APPROVING AN AMENDMENT TO THE PROGRAM GUIDELINES FOR THE DOWNTOWN REHABILITATION LOAN PROGRAM AND AUTHORIZING ADDITIONAL CAPITALIZATION THEREOF Whereas, on December 20, 1993, the City Council of the City of Dubuque, Iowa, established a Downtown Rehabilitation Loan Program ("Loan Program") to provide financial incentives to further the goals and objectives of the Downtown Urban Renewal Plan; and Whereas, the City Council authorized an initial capitalization of the Loan Program of two hundred and sixty thousand dollars ($260,000), and a subsequent additional capitalization of three hundred eighty-seven thousand dollars ($387,000), and Whereas, the City Council has approved the commitment of $200,000 in loan funds and $20,000 in grant funds for the repair and rehabilitation of buildings from the Loan Program, and Whereas, additional property owners from the District have indicated their desire to apply for funds to repair and rehabilitate their buildings in response to the program for voluntary or compulsory repair and rehabilitation being carried out in accordance with the Amended and Restated Urban Renewal Plan; and Whereas, said property owners have requested that the maximum loan per building limit established in the Program Guidelines adopted by 10 Regular Session, December 4, 1995 City Council on December 20, 1993, be increased, and Whereas, the City Council funds that continuation and expansion of the Loan Program is necessary to effectuate the purposes of Iowa Code Chapter 403, the Urban Renewal Law, and the goals of the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District; and Whereas, the City Council is prepared to provide additional capitalization for the Loan Program provided these funds are reimbursed through the proceeds of the Downtown Urban Renewal Tax Increment Financing District as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Program Guidelines for the Downtown Rehabilitation Loan Program are hereby amended to increase the maximum amount of loan per building from $100,000 to $200,000 Section 2 That the City Manager is hereby authorized to advance up to two hundred thousand dollars ($200,000) in additional funds from the CiryS debt service reserve account established to repay its downtown hotel project Section 108 Loan Guarantee obligations to provide the necessary funding required to continue and expand the Downtown Rehabilitation Loan Program, provided any such funds so advanced shall be repaid from the proceeds of the Downtown Urban Renewal Tax Increment Financing District as amended Section 3 That the City Manager is hereby authorized and directed to administer these additional funds in accordance with the Loan Program Guidelines as amended by this City Council Passed, approved and adopted this 4th day of December, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Communication of City Manager advising of revision of funding award to Ecumenical Housing - Inc, said item pulled from the Agenda per request of Housing Services Mg- David Han'is City Manager submitting Ordinance providing for Speed Limits on Julien Dubuque Bridge, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson An Ordinance Providing for speed limit on Julien Dubuque Bridge, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 78-95 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SUBSECTION (C) OF SECTION 32-231 THEREOF PROVIDING FOR THE ESTABLISHMENT OF SPEED LIMITS ON U.S. 20 FROM LOCUST STREET TO THE EASTERLY CITY LIMIT ON THE .IULIEN DUBUQUE BRIDGE 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 U S_ 20 from Subsection (c) of Section 32-231 thereof as follows "Sec 32-23L Limits Generally (c) - FORTY (40) MILES PER HOUR U _ 20, from Locust Street to the easterly City limit on the Julien Dubuque Bridge Section 2 That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding U _ 20 to Subsection (c) of Section 32-231 thereof as follows "Sec 32-23L Limits Generally (c) - FORTY (40) MILES PER HOUR U S_ 20, from Locust Street to a point approximately twelve hundred fifty (1250) feet east of Locust Street FORTY-FIVE (45) MILES PER HOUR U _ 20, from a point approximately twelve hundred fifty (1250) feet east of Locust Street to the easterly City limit on the Julien Dubuque Bridge. Passed, approved and adopted this 4th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 12th day of December, 1995 It 12/12 Mary A Davis, CMC, 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 Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager submitting Ordinance providing for removal of stop signs on Asbury Rd at the 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Regular Session, December 4, 1995 11 An Ordinance Providing for the removal of stop signs at Asbury Road and Northwest Arterial, presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 79-95 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE REMOVAL OF STOP SIGNS AT ASBURY ROAD AND NORTHWEST ARTERIAL 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 Asbury Road from Subsection (b) of Section 32- 214 thereof as follows_ "Sec 32-214 Stop Intersections Oa) Eastbound end Westbound Asbury Road and the Northwest Arterial " Passed, approved and adopted this 4th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 12th day of December, 1995 It 12/12 Mary A Davis CMC, 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 Nagle earned by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson Council Member Kluesner moved final consideration and passage of the Ordinance Seconded by Council Member Nagle earned by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager advising of additional Police Staffing needs and recommending a service contract be executed through a Request for Proposal Process, presented and read Council Member Krieg moved that the communication be received and filed and approved execution. Seconded by Council Member Kluesner Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager recommending awarding of a contract to Executive Management for a Renter Data Base Service, presented and read Council Member Krieg moved that the communication be received and filed and approved recommendation. Seconded by Council Member Kluesner earned by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager recommending approval of consultant for the Mississippi Riverwalk and Amenities project, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 405-95 RESOLUTION APPROVING A SELECTION OF A CONSULTANT FOR THE MISSISSIPPI RIVERWALK AND AMENITIES PROSECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPROPRIATE CONTRACT FOR SAID PROSECT. Whereas, the City of Dubuque, Iowa desires consultant services for final design, engineering specifications and construction cost estimates for the Mississippi Rivenvalk and Amenities project, and Whereas, a request for proposal solicited consultant services for the Mississippi Rivenvalk and Amenities project, and Whereas, BRW, Inc is recommended to provide consulting services for this project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the selection of BRW, Inc as a consultant to prepare the Mississippi Rivenvalk and Amenities project for the City of Dubuque is hereby approved. Section 2 That the City Manager is hereby authorized to execute, on behalf of the City Council, a contract for said project with BRW, Inc for consultant services not to exceed $213,000 Passed, approved and adopted this 4th day of December, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager recommending approval of consultant for the Heritage Trail Riverfront System Project, presented and read Council Member Robbins 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 406-95 RESOLUTION APPROVING A SELECTION OF A CONSULTANT FOR THE HERITAGE TRAIL RIVERFRONT SYSTEM PROSECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPROPRIATE CONTRACT FOR SAID PROSECT. 12 Regular Session, December 4, 1995 Whereas, the City of Dubuque, Iowa desires consultant services for preliminary design, engineering specifications and construction cost estimates for the Heritage Nail Riverfront System project, and Whereas, a request for proposal solicited consultant services for the Heritage Nail Riverfront System project, and Whereas, BRW, Inc is recommended to provide consulting services for this project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the selection of BRW, Inc as a consultant to prepare the Heritage Trail Riverfront System project for the City of Dubuque is hereby approved Section 2 That the City Manager is hereby authorized to execute, on behalf of the City Council, a contract for said project with BRW, Inc for consultant services not to exceed $35,000 Passed, approved and adopted this 4th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Robbins moved adoption of the Resolution Seconded by Council Member Voetberg Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager recommending approval of a consultant for an Annexation Study, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 407-95 RESOLUTION APPROVING A SELECTION OF A CONSULTANT FOR AN ANNEXATION STUDY AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPROPRIATE CONTRACT FOR SAID STUDY. Whereas, the City of Dubuque, Iowa desires consultant services for an annexation study: and Whereas, Yaggy Colby Associates is recommended to provide consulting services for this project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the selection of Yaggy Colby Associates as a consultant to prepare an annexation study for the City of Dubuque is hereby approved Section 2 That the City Manager is hereby authorized to execute, on behalf of the City Council, a contract for said study with Yaggy Colby Associates for consultant services not to exceed $13,500_ Passed, approved and adopted this 4th day of December, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager submitting Legislative Policy Issues for the 1996 Legislative Session, presented and read. Council Member Voetberg moved that the communication be received and filed and approved. Seconded by Council Member Krieg. earned by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson An Ordinance Amending Code of Ordinances by revising subsection (b) of Section 32-213 providing for the change of through street designation for Lincoln Avenue, first reading given 11-6, second reading given 11-20, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 80-95 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SUBSECTION (b) OF SECTION 32-213 THEREOF PROVIDING FOR THE CHANGE OF THROUGH STREET DESIGNATION FOR LINCOLN AVENUE 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 Lincoln Avenue from Subsection (b), of Section 32-213 thereof as follows_ "Sec 32-213 Entering Through Streets_ Oa) Lincoln Avenue, from the north property line of Windsor Avenue to the south property line of Roosevelt Street Section 2 That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Lincoln Avenue to Subsection (b) of Section 32- 213 thereof as follows "Sec 32-213 Entering Through Streets Oa) Lincoln Avenue, from the north property line of Windsor Avenue to the south property line of Fengler Street, and from the north property line of Fengler Street to the south property line of Roosevelt Street" Passed, approved and adopted this 4th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 12th day of December, 1995 It 12/12 Mary A Davis CMC, City Clerk Council Member Nagle moved final consideration and passage of the Ordinance Seconded by Council Member Robbins_ Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Regular Session, December 4, 1995 13 Robbins, Voetberg Nays—None Absent—Council Member Nicholson An Ordinance Amending Code of Ordinances by modifying subsection (b) of Section 32-214 providing for addition of stop signs at Lincoln Avenue and Feggler Street, first reading given 11- 6, second reading given 11-20, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 81-95 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS AT LINCOLN AVENUE AND FENGLER 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 adding Lincoln Avenue to Subsection (b) of Section 32- 214 thereof as follows_ "Sec 32-214 Stop Intersections Oa) Narthboundand Southbound Lincoln Avenue and Fengler Street ." Passed, approved and adopted this 4th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 12th day of December, 1995 It 12/12 Mary A Davis CMC, City Clerk Council Member Nagle moved final consideration and passage of the Ordinance Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson City Manager requesting a public hearing be held on December 18, 1995 to consider disposing of real estate located on Northwest Arterial north of Asbury Road, 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, Robbins, Voetberg Nays—None Absent—Council Member Nicholson RESOLUTION NO. 408-95 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN LOT 3 OF 1 OF 1 OF 1 OF THE NORTHWEST 1/4 SOUTHWEST 1/4 AND LOT 3 OF 2 OF 2 OF THE EAST 1/2 SOUTHWEST 1(4 OF SECTION 16 T89N R2E IN DUBUQUE COUNTY, IOWA TO WENDELL W. COREY Whereas, The City of Dubuque is the current owner of Lot 3 of 1 of 1 of the Northwest 1/4 Southwest 1/4 and Lot 3 of 2 of 2 of the East 1/2 Southwest 1/4 of Section 16 T89N R2E in Dubuque County Iowa; and Whereas, the adjacent property owner Mr. Wendell Corey, has petitioned to purchase said property from the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the City of Dubuque, Iowa intends to dispose of its interest in Lot 3 of 1 of 1 of 1 of the Northwest 1/4 Southwest 1/4 and Lot 3 of 2 of 2 of the East 1/2 Southwest 1/4 of Section 16 T89N R2E in Dubuque County, Iowa, to Mr Wendell W. Corey of Corey Development Ltd. Section 2 That the conveyance of the CiryS interest shall be for the sum of $410,000 00 plus publication and filing fees Section 3 That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Section 3647 Disposal of Property, Code of Iowa, 1995 or as amended. Passed, approved and adopted this 4th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution and set the matter for Public Hearing on 12-18-95 at 7 00 p nr in the Public Library Auditorium. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson At 8:30 p m. Council Member Voetberg moved to go into Closed Session, In accordance with Chapter 215 1 0) to discuss purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Robbins. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson At 8:45 p m. Council reconvened Regular Session with statement that Staff had been given direction. There being no further business, Council Member Voetberg moved that the meeting be adjourned. Seconded by Council Member Kluesner Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg Nays—None Absent—Council Member Nicholson. Meeting adjourned at 8:46 p m. Mary A Davis CMC City Clerk 14 Regular Session, December 4, 1995 Approved 1996. Adopted ,1996. Mayor Council Members Attest City Clerk Regular Session, December 18, 1995 1 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 18, 1995 Council Met at 7:00 pm., Public Library Auditorium. Present Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A Lindahl 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 Duane Manson, Chaplain of Luther Manor. MINUTES SUBMITTED — Cable Community Teleprogramming Commission of 12- 5: Cable TV Regulatory Commission of 11-22 & 12-7: Environmental Stewardship Commission of 11-7, Mechanical Board of 11-28, Zoning Board of Adjustment of 11-16: Zoning Commission of 12-1, presented and read Council Member Nagle moved that the minutes 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 Proof of Publication certified to by the Publisher on List of Claims paid for month of October, 1995, presented and read Council Member Nagle moved that the proof 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 NOTICES OF CLAIMS/SUITS — Helen F_ Chapman in unknown full amount for backed up sewer damages: Diane Dignan vs. City of Dubuque in unknown amount for personal injuries: Elizabeth Haas in unknown amount for personal injuries: Larry Kretz in unknown amount for vehicle damages: Stanley Kueter in estimated amount of $3,113 08 for backed up sewer damages: Richard A Meyer in amount of $565 40 for backed up sewer damages, presented and read Council Member Nagle moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Corporation Counsel advising tire damage claim of Coleen Hanson has been administratively closed, presented and read Council Member Nagle 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 Corporation Counsel recommending settlement of property damage claim of Jeff Traenor in the amount of $325 00 and directing the Finance Director to issue proper check, presented and read Council Member Nagle moved that the communication be received and filed and approved settlement_ Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None John & Bonnie Scherf requesting to purchase property adjacent to their property between Kaufmann Ave. and Grandview Ave, presented and read. Council Member Nagle moved that the matter be referred to the City Manager. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Zoning Commission advising of approval of final plat as requested by The Adams Co_, presented and read Council Member Nagle 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 RESOLUTION NO. 409-95 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 3 OF ADAM'S COMPANY'S 2ND ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots 1 thm 3 of Adams Company's 2nd Addition in the City of Dubuque, Iowa; and Whereas, said final plat has been reviewed by the Zoning Commission and had her approval endorsed thereon: and Whereas, said final plat has been reviewed 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 L That the final plat of Lots 1 thm 3 of Adam's Company's 2nd Addition in the City of Dubuque, 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 Section 2 That in the event the owner shall fail to execute the acceptance within 45 days after the date of this resolution, the provisions hereof shall be null and void and approval of the plat shall not be effective. Passed, approved and adopted this 18th day of December, 1995. Attest Terrance M. Duggan, Mayor 2 Regular Session, December 18, 1995 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 Zoning Commission advising of their approval of final plat of portion of Wertzberger PI., presented and read Council Member Nagle 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 RESOLUTION NO. 410-95 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THRU 3 OF WERTZBERGER PLACE IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots 1 thm 3 of Wertzberger Place in Dubuque County, Iowa: and Whereas, upon said final plat appears a 66 foot wide access easement, and Whereas, said final plat has been reviewed by the Zoning Commission and had their approval endorsed thereon: 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 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the final plat of Lots 1 thm 3 of Wertzberger Place in Dubuque County 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. Section 2 That the City Council hereby waives Article IV, Design and Improvement Standards, of the Subdivision Regulations, except Section 42-19, Lots and Blocks_ Section 3 That in the event the owner shall fail to execute the acceptance 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 of the plat shall not be effective. Passed, approved and adopted this 18th day of December, 1995. Terence M. Duggan, Mayor Attest Mary A Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 410-95 We, the undersigned, Walter and Carolyn Wertzberger, having read the tams and conditions of the Resolution No 410-95 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein Dated in Dubuque, Iowa this 18th day of December, 1995. By'J Walter Wertzberger By RI Carolyn Wertzberger 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 Pam Bradford, President of West 11th Street Neighborhood, expressing gratitude and appreciation for construction of retaining walls in area, presented and read Council Member Nagle 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 Steve Efken on behalf of that Neighborhood spoke expressing appreciation City Manager requesting an additional loan to a new buyer for DREAMS home at 721 Davis Ave. be approved, presented and read. Council Member Nagle moved that the communication be received and filed and approved request. Seconded by Council Member Nicholson Coined by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager recommending endorsement of Community School District's grant application, presented and read Council Member Nagle 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 RESOLUTION NO. 411-95 RESOLUTION TO ENDORSE THE DUBUQUE COMMUNITY SCHOOL DISTRICT'S APPLICATION TO PARTICIPATE IN IOWA'S SCHOOL -TO - WORK PROGRAM Whereas, the Dubuque Community School District has made application to participate in the Iowa School -To -Work (SPY) Program, and has requested the Dubuque City Councils endorsement of their application: and Whereas, the STW Program is designed to provide students with a wide range of activities and opportunities to connect learning with the value of work, and will assist students in developing a focus on career planning, staying in school and to understand the purpose of their classroom activities: and, Whereas, this program is seen to be beneficial to both the community and the students participating in this program NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L The Dubuque City Council hereby endorses the Dubuque Community School Districts application to participate in the Iowa School -To- Work Program. Passed, approved and adopted this 18th day of December, 1995. Terrence M. Duggan, Mayor Attest Regular Session, December 18, 1995 3 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 City Manager recommending approval of Low Income Housing Tax Credit Program Application, presented and read Council Member Nagle 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 RESOLUTION NO. 412-95 RESOLUTION AUTHORIZING THE CITY COUNCIL TO SUPPORT DUBUQUE HOUSING INITIATIVE'S APPLICATION FOR FEDERAL ASSISTANCE FOR A RENTAL HOUSING DEVELOPMENT ON WINDSOR AVENUE Whereas, the federal government, through Section 42 of the Internal Revenue Code, offers incentives for construction of affordable rental housing which is made available to low- and moderate -income households; and Whereas, Dubuque Housing Initiative Inc (alkla Heartland Housing Initiative) has submitted an application for low income housing tax credits in connection with a proposed project to construct 49 rental units, located at 3491 Windsor Avenue in the City of Dubuque; and Whereas, the Iowa Finance Authority has offered the City an opportunity to comment on this application; and Whereas, indication of City support for the requested federal assistance is favorable to the consideration ofDHIS application NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA_ Section 1 The City of Dubuque endorses and supports Dubuque Housing Initiative's application for tax credits to the Iowa Finance Authority, for the intended project located at Windsor Avenue Section 2 The City Manager is hereby authorized and directed to forward this resolution to the Finance Authoriry. Passed, approved and adopted this 18th day of December, 1995. Terence 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 City Manager recommending donation of plaque in honor of Bill Kohler be approved and plaque to be hung at Transit Garage, presented and read Council Member Nagle moved that the communication be received and filed and approved donation. 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 delinquent sewer accounts and garbage & refuse collection Accounts, presented and read Council Member Nagle 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 RESOLUTION NO. 413-95 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT SEWER ACCOUNTS IN ACCORDANCE WITH SECTIONS 44-83 AND 44-86 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, Section 44-83 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rates or rentals upon all lots, parcels or real estate and buildings that are connected directly or indirectly with the sanitary sewer system: and Whereas, Section 44-86 of the Code of Ordinances provides that the City shall have a lien upon the real property served by the sanitary sewer system for all delinquent rates and charges: and Whereas, delinquent sewer charges shall be certified as of December 3lst of each year by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as, general property taxes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the persons hereinafter named, owning the following described property, have unpaid sewer charges in the amount set out and that said charges are delinquent_ Name and Address Property Description Amount Steven I Althaus 3951 Inwood Street Gary Bernhard 1100 Roosevelt St_ James Foht 723 Peru Rd Richard Gremmel 710 Peru Rd Larry I Hurst 3960 Oneida Street Ricky I Hurst Lot 39 & 40 ONeills North Dubuque Addition 3975 Inwood Avenue $28156 Section 2 That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named herein are delinquent in the payment of sewer charges in the amounts set forth above and that said delinquent sewer charges shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the name of the property owner. Section 3 That the delinquent sewer charges shall be collected with, and in the same manner as, general property taxes as provided by law Passed, approved and adopted this 18th day of December, 1995. Lots 41 & 42 ONeills North, Dubuque Addn. $211 67 Lot 4 Wersinger Sub $232 57 Lot 20 Maple Leaf Add N 2 $229 26 Lot 154 Belmont Add $217 49 Lot 2-2-3 & 1-2-1-1-3 N112 SE 114 Sect 12 $6951 4 Regular Session, December 18, 1995 Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of Resolution 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. 414-95 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE AND REFUSE COLLECTION ACCOUNT IN ACCORDANCE WITH SECTION 22-36 AND 22-37 (d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, City garbage and refuse collection from residential premises, as defined in the Code of Ordinances of the City of Dubuque, Iowa, is mandatory, and Whereas, as of December 31_st of each year, delinquent garbage and refuse collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with and in the same manner as general property taxes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the persons named hereinunder, owning the property thereby set forth, are delinquent in the payment of refuse collection Name and Address Property Description Amount Steven I Althaus Lots 41 & 42 ONeills North Dubuque Add 3951 Inwood Avenue $15942 Gary Bernhard Lot 4 Wersinger Sub 1100 Roosevelt Street $187 86 James Chappel Lot 1 of 1-1-1 of City Lot 678 & 2 of 54 of Marshall Edition 1910 Madison Street $118 38 Dennis Clauer Lot 1-1-2-1-2-1, & 2-1 1-1-2-1, SE 114 SW 114 Sec 11 T89N-R2E 318 Olympic Fights $136 89 Joanne Datisman 3556 Crescent Ridge Vincent Erhlich 333 Olympic Figs Rd James Foht 723 Peru Road Richard M. Gremmel 710 Peru Road Larry I Hurst 3960 Oneida Street Rick I Hurst Lot 39 & 40 ONeills North Dubuque Add. 3975 Inwood Avenue $55 51 Mark Krolich Lots 74 & 75 Maple Leaf Add No 2 743 Louise Street $82 64 Lou Mae OReilly Lot 1-2 Min Lot 290 $80 22 Lot 9 Elk 1 Olympic Fig $139 43 Lot 20 Maple Leaf Add No 2 $112 62 Lot 154 Belmont Add. $83 48 Lot 2-2-3 & 1-2-1-1-3 N 1/2 SE 1/4 Sec 12 $3218 Lot 9 Maple Leaf Add No 2 671 Louella Lane $133 69 Donald L. Pope No Lot description at Courthouse 625 Louella Lane 13317 Dennis Rath Lot 1-1-7 Kennedy Sub 679 Kennedy Court $7518 Section 2 That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named herein before are delinquent in the payment of refuse collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 18th day of December, 1995. Terrance 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 City Manager recommending acceptance of improvements for Sunnyslope Estates, Phase 3, presented and read Council Member Nagle 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. RESOLUTION NO. 415-95 ACCEPTING IMPROVEMENTS IN SUNNYSLOPE ESTATES, PHASE Whereas, pursuant to Resolution No 211-95 certain improvements including street paving, storm sewers, sanitary sewers, watemain and street lighting were installed by the developer of Sunnyslope Estates, Phase 3, and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council 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 improvements in Sunnyslope Estates - Phase 3 be and the same is hereby accepted Section 2 That maintenance of said improvements shall be the responsibility of the contractor and the owner for a period of two years from this date Passed, approved and adopted this 18th day of December, 1995. Terrance M. Duggan, Mayor Attest Regular Session, December 18, 1995 5 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 City Manager recommending acceptance of improvements for Cedar Ridge Industrial Development 1st Addition, presented and read Council Member Nagle moved that the communication 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 RESOLUTION NO. 416-95 ACCEPTING IMPROVEMENTS IN CEDAR RIDGE INDUSTRIAL DEVELOPMENT FIRST ADDITION Whereas, pursuant to Resolution No 219-94 certain improvements including street paving, storm sewers, sanitary sewers, watemain and street lighting were installed by the developer of Cedar Ridge Industrial Development First Addition; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council 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 improvements in Cedar Ridge Industrial Development First Addition be and the same is hereby accepted. Section 2 That maintenance of said improvements shall be the responsibility of the contractor and the owner for a period of two years from this date Passed, approved and adopted this 18th day of December, 1995. Terrance 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 RESOLUTION NO. 417-95 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 Seer Permit. CLASS "B" SEER PERMIT United Auto Works --(Sunday Sales) Pusateri Enterp_ Local 94 3450 Central Ave Pusateri Restaurant --(Sunday Sales) 2400 Central Ave Class "C SEER PERMIT Molo Oil Company --(Sunday Sales) Angel Investor --(Sunday Sales) Rainbow Oil Con) --(Sunday Sales) Rainbow Oil Con) --(Sunday Sales) Passed, approved December,1995 Big 10 Mart 9th & Central Casey's General Store 2699 Rockdale Kwik Stop Food Matt 2320 HWY 61 Kwik Stop Food Matt 4039 Pennsylvania and adopted this 18th day of Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Nagle Resolution Seconded Nicholson Carried by Yeas—Mayor Duggan, Kluesner, Krieg, Nagle, Voetberg Nays—None moved adoption of the by Council Member the following vote: Council Members Nicholson, Robbins, RESOLUTION NO. 418-95 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws 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“ HOTEDMOTEL LIQUOR LICENSE Kinseth Hotel Corp Holiday Inn 5 -Flags --(Sunday Sales) 450 Main St CLASS "C (COMMERCIAL) BEER & LIQUOR LICENSE Michael I. Weber --(Sunday Sales) David H Hoffman Instant Replay Inc --(Sunday Sales) Kim & Denise Brestrup Morocco Inc. --(Sunday Sales) IDBS & SW, Inc. Hooligan's Sports Bar & Grill --(Sunday Sales) 2600 Dodge St Passed, approved and adopted this 18th day of December, 1995 Terrance 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 Member_ Mike's Ten Pin Tap 601 Rhomberg White House Tap 450 W Locust Instant Replay Inc 1602 Central Ave A & B Tap 2600 Central Ave The Morocco 1413 Rockdale 6 Regular Session, December 18, 1995 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None BOARDS AND COMMISSION APPOINTMENTS - HISTORIC PRESERVATION COMMISSION One unexpired tem (Jackson Park Du_) which will expire 7-1-98 (tem) of T. Crall) Applicants - Mary (M I) Ayers and Gail Naughton Vote on the appointment was as follows Mayor Duggan voted for Naughton Council Member Kluesner voted for Naughton. Council Member Krieg voted for Naughton. Council Member Nagle voted for Ayers Council Member Nicholson voted for Ayers Council Member Robbins voted for Naughton. Council Member Voetberg voted for Naughton. Therefore, Gail Naughton appointed to the Historic Preservation Commission for a tem which will expire 7-1-98, representing the Jackson Park Dis LIBRARY BOARD Mayor appoints with Council approval One unexpired tem which will expire 7-1-01 (tem of I Dusil) Applicants Lorri Regan, 670 Alpine, Edmund I Vandemillen, 777 Mt Carmel, Teri L Zuccaro, 1800 Cannon St. Mayor Duggan appointed Edmund Vandemnillen to the Library Board for a tem) which will expire 7-1-01 Council Member Krieg moved that they concur with the Mayor's appointment 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 Nagle moved to suspend the rules to allow anyone present to address the Council. 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 Ordinance amendment by adding the definition of the word "Convent" to Section 8 of the Zoning Ordinance and request from City Manager requesting to withdraw this public hearing and an Ordinance Amending Zoning Ordinance by adding the definition of the word "Convent" to Section 8, Definitions (1st reading only given on 10-16-95), presented and read Council Member Nicholson moved that the proof, communication and Ordinance be received and filed and concurred with withdrawal. Seconded by Council Member Krieg 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 reclassifying property located South of Crescent Ridge and East of Palish Mill Road from AG to PUD District and G_ I Fluhr submitting a petition containing 72 signatures opposing the proposed 70 Unit Housing Project at Crescent Ridge, Judy Johnston objecting to project, and Roy Bergman endorsing the project, presented and read Council Member Voetberg moved that the proof and communications be received and filed. Seconded by Council Member Krieg Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Bill Reinke, Sr. Catherine Waller, Fr. Lyle Wilgenbusch, Peg Hudson, Jim Geiser, Sr_ Catherine Heman, Dennette Kellogg, and Steve Efken, all spoke requesting approval of rezoning for project Dennis Cottrell, Donald Fondell, and Don Recker spoke objecting to the project An Ordinance Amending Zoning Map by reclassifying property located South of Crescent Ridge and East of Palish Mill Road (3556 Crescent Ridge) from AG Agricultural District to PUD Planned Unit Development District with a PR Planned Residential District Designation and adopting a Conceptual Development Plan, with Conditions, first & second readings given on 11- 20-95, presented for final action (OFFICIAL PUBLICATION) ORDINANCE NO. 82-95 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF CRESCENT RIDGE AND EAST OF ENGLISH MILL ROAD (3556 CRESCENT RIDGE) FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to PUD Planned Unit Development District with a PR Planned Residential designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as stated below, to wit Commencing at the northeasterly corner of said property, bearing N 77 degrees 09' W 663 86' thence S 3 degrees 00' W 350.14' thence 530 degrees 43' W 104 70' thence 522 degrees 30' E 469 83' thence N 23 degrees 30' E 676 02' thence N 61 degrees 30' E 134.53' thence S 85 degrees 30' E 129 21' thence N 23 degrees 30' E 56 80' comprising total square footage of 253,169 square feet or 5.812 acres, all 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_ Regular Session, December 18, 1995 7 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 seventy-five (75) living units and one community center in nine (9) structures. 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. 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 reviewed and approved by City Fneineering Division is to be constructed by the developer. 2) Lighting shall be provided per City standards 3) Landscaping shall be provided in compliance with Section 4 4 of the Zoning Ordinance and as stipulated on the attached conceptual development plan in conjunction with the completion of the units Final site development plans must indicate exact location and type of species to be installed 4) All utilities including telephone and cable television shall be installed underground 5) Sidewalks shall be placed four (4) feet behind the curb parallel to the street on all street frontages and constmcted in accordance with City standards Safe and convenient circulation shall be placed in accordance with the conceptual development plan and constructed in accordance with City standards away from the street system to link dwelling units with other dwelling units, the street and on-site activity centers such as parking and recreational areas 6) 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. 7) 124 off-street parking spaces shall be provided as shown on the attached conceptual development plan. 8) Subdivision plats and improvements plans shall be submitted in accordance with Chapter 42 of the City of Dubuque Code of Ordinances_ 9) Storrs water detention areas shall be constmcted to control runoff D. Open Space and Recreational Areas Adjacent to the community center will be a play ground arealgreen space Those 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 (5) years provided a final site development plan is submitted within two (2) years from the date of approval G_ Transfer of Ownership Transfer of ownership or lease of property in this PUD 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 E Reclassification of Subject Property - The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the AG Agricultural District in accordance with Section 6 of the Zoning Ordinance if the property owner(s) fail(s) to complete or maintain any of the conditions of this ordinance. L Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. I. Recording. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns 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 affect upon publication, as provided by law. Passed, approved and adopted this 18th day of December, 1995. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 82-95 I, Bill Reinke, representative for Dubuque Housing Initiative, property owner(s), having read the terms and conditions of the foregoing Ordinance No. 82-95 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein Dated this 2lst day of December, 1995 By RI Bill Reinke Dubuque Housing Initiative Mercy Housing, Inc Published officially in the Telegraph Herald this 3rd day oflanuary, 1996 It 113 Mary A Davis, CMC, City Clerk Council Member Voetberg moved final consideration and passage of the Ordinance Seconded by Council Member Krieg Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None 8 Regular Session, December 18, 1995 Proof of Publication certified to by the Publisher on Notice of Hearing to dispose of property to Wendell Corey and City Manager recommending approval to dispose of said property, 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 Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Wendell Corey spoke requesting Council support. RESOLUTION NO. 419-95 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 8th day of December, 1995, the City Council of the City of Dubuque, Iowa met on the 18th day of December, 1995 at 7:00 p m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as Lot 3 of 1 of 1 of 1 of the Northwest 1/4 Southwest 1/4, and Lot 3 of 2 of 2 of the East 1/2 Southwest 1/4, all in Section 16 T89N R2E in Dubuque County, Iowa, to Corey Development, Ltd. Whereas, the City Council of the City of Dubuque, Iowa overrules any and all objections, oral or written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the hereinabove described real estate to Corey Development, Ltd. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot 3 of 1 of 1 of 1 of the Northwest 1/4 Southwest 1/4, and Lot 3 of 2 of 2 of the East 1/2 Southwest 1/4, all in Section 16 T89N R2E in Dubuque County, Iowa, to Corey Development, Ltd be and the same is hereby approved for the sum of $410,000, upon the tem set forth in attached Contract to Purchase dated October 27, 1995 and Addendum to Contract to Purchase dated December 8, 1995: conveyance shall be by Warranty Deed Section 2 That the Mayor is authorized and directed to execute the attached Contract to Purchase, Addendum to Contract to Purchase, and Warranty Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above named grantee upon receipt of the purchase price in full, and performance of all other conditions by the purchaser. Section 3 That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor Passed, approved and adopted this 18th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption o 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 TCI Cablevision of Dubuque, Inc regarding the creation of a commercial cable rate structure endorsed by the Cable Commission and Charles Ellis, Chairman of the Cable TV Regulatory Commission reporting on the analysis and consideration regarding above proposal, presented and read Council Member Kluesner moved that 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 Sr_ Nancy Miller, Human Rights Commission Chairperson submitting their 1995 Annual Report, presented and read Council Member Voetberg moved that report 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 Sr_ Nancy Miller spoke clarifying the 1995 Human Rights report_ Rod Bakke, Civic Center Commissioner requesting the Civic Center Commission and Park & Recreation Commission remain as separate Commissions and Gil Spence, Leisure Services Manager submitting pro and cons regarding consolidating of Civic Center and Park & Recreation Commissions, presented and read Council Member Voetberg moved that the communications 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 Corporation Counsel submitting ordinance changes as result of direction from City Council during the Boards and Commissions Review, 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. An Ordinance Enacting a new Section 2-40 establishing the Order for Business and Agenda for City Council meetings, presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 83-95 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 2-40 ESTABLISHING THE ORDER OF BUSINESS AND AGENDA FOR CITY COUNCIL MEETINGS AND ADOPTING IN LIEU THEREOF A NEW SECTION 2-40 ESTABLISHING THE ORDER FOR BUSINESS AND AGENDA FOR CITY COUNCIL MEETINGS. NOW, THEREFORE, BE IT ORDAINED BY Regular Session, December 18, 1995 9 THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L Section 2-40 of the City of Dubuque Code of Ordinances is hereby repealed and the following new Section 2-40 is hereby adopted_ Sec 2-40 Order of business and agenda (a) Order of business The general rule as to the order of business in regular meetings shall be as follows_ (1) Reading of the call. (2) Roll call (3) Proclamations_ (4) Consent items; Business Licenses_ (5) Appointments to Boards and Commissions_ (6) Public Hearings_ (7) Action items (8) Items to be set for public hearing (9) Public input. (10) Adjournment Passed, approved and adopted this 18th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 3rd day oflanuary, 1996_ It 1/3 Mary A Davis CMC, City Clerk Council Member Voetberg 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 Nagle earned by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Nagle earned by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None An Ordinance Providing for the Establishment of Committees, Boards and Commission and providing for a Residency Requirement for Appointments and requiring the Chairperson of each Committee, Board or Commission to report to the City Council on the attendance of members, presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 84-95 AN ORDINANCE AMENDING SECTION 2- 42 OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROVIDING FOR THE ESTABLISHMENT OF COMMITTEES, BOARDS AND COMMISSIONS BY REPEALING PARAGRAPH (g) PROVIDING A RESIDENCY REQUIREMENT AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH (g) PROVIDING FOR A RESIDENCY REQUIREMENT FOR APPOINTMENTS TO COMMITTEES, BOARDS OR COMMISSIONS OR AD HOC COMMITTEES CREATED BY SUCH COMMITTEES, BOARDS OR COMMISSIONS; BY ADDING A NEW PARAGRAPH (h) PROVIDING THAT CITY EMPLOYEES ARE NOT ELIGIBLE FOR APPOINTMENT TO ANY COMMITTEE, BOARD OR COMMISSION; AND BY ADOPTING A NEW PARAGRAPH (i) REQUIRING THE CHAIRPERSON OF EACH COMMITTEE, BOARD OR COMMISSION TO REPORT TO THE CITY COUNCIL ON THE ATTENDANCE OF MEMBERS OF COMMITTEES, BOARDS OR COMMISSIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is hereby amended by repealing Section 2-42(g) and adopting in lieu thereof the following new paragraph: (g) Residency requirement_ No person shall be appointed or reappointed to a committee, board or commission or ad hoc committee created by such committee, board or commission unless such person is, at the time of such appointment or reappointment, a resident of the city, and any person so appointed or reappointed shall maintain such residency during the tem of the appointment or reappointment Any member of a committee, board or commission or ad hoc committee created by such committee, board or commission who fails to maintain such residency shall be deemed removed as of the date of such charge of residency, any provision in this Code of Ordinances to the contrary notwithstanding Section 2 Section 2-42 of the City of Dubuque Code of Ordinances is hereby amended by adding the following new paragraph (h) and (i): (h) City employees not eligible City employees are not eligible for appointment to any committee, board or commission (i) Attendance report The Chairperson of each committee, board or commission shall report to the City Council any member of a committee, board or commission who failed to attend more than one-third of the meetings of such committee, board or commission for the previous twelve-month period Passed, approved and adopted this 18th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 3rd day oflanuary, 1996_ It 1/3 Mary A Davis CMC, City Clerk Council Member Voetberg 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 Nagle earned by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Voetberg 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 An Ordinance Enacting a new Section 4-43 providing for the Oath of Airport Commissioners; and providing for the appointment and tams of members of the Airport Commission, presented and read. (OFFICIAL PUBLICATION) 10 Regular Session, December 18, 1995 ORDINANCE NO. 85-95 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 4-43 PROVIDING FOR THE OATH AND BOND OF AIRPORT COMMISSIONERS AND ADOPTING IN LIEU THEREOF A NEW SECTION 4-43 PROVIDING FOR THE OATH OF AIRPORT COMMISSIONERS; AND BY REPEALING SECTION 4-46(a) PROVIDING FOR APPOINTMENT AND TERMS OF MEMBERS OF THE AIRPORT COMMISSION AND ADOPTING IN LIEU THEREOF A NEW SECTION 4-46(a) PROVIDING FOR THE APPOINTMENT AND TERMS OF MEMBERS OF THE AIRPORT COMMISSION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4-43 of the City of Dubuque Code of Ordinance is hereby repealed end the following new Section 4-43 adopted in lieu thereof: Sec. 4-43. Oath. Each member of the airport commission of the city shall qualify by taking the oath of office. Section 2. Section 4-46(a) of City of Dubuque Code of Ordinances is hereby repealed and the following new Section 4-46(8) adopted in lieu thereof: (a) The airport commission shell have e membership of five (5) persons appointed by the city council for four-year terms. Such members shall serve without compensation. Section 3. Nothing herein shall affect the terms of any member serving on the effective date of this ordinance. Passed, approved and adopted this 18th day of December, 1995. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Tcicgraplo Hcrald this 3rd day ofJanuary, 1996.1 It 1/3 Mary A. Davis CMC, City Clerk Council Member Voetberg 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 Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Council Member Voetberg 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. An Ordinance Adding a new Section 36-10.1 providing for appointment of members of the City Zoning Commission to the Airport Zoning Commission, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 86-95 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 36-10.1 PROVIDING FOR APPOINTMENT OF MEMBERS OF THE CITY ZONING COMMISSION TO THE AIRPORT ZONING COMMISSION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The following new Section 36-10.1 is hereby adopted. Sec. 36-10.1. Appointment to airport zoning commission. Two members of the commission shall be appointed by the city council to serve on the airport zoning commission. A member shall serve out the term on the airport zoning commission even if the member's term on the zoning commission has expired. Passed, approved and adopted this 18th day of December, 1995. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Tcicgraphh Hcrald this 3rd day of 7anuary, 1996. It 1/3 Mary A. Davis CMC, City Clerk Council Member Voetberg 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 Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Council Member Voetberg 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. An Ordinance Relating to the membership of the Community Teleprogramming Commission and providing that the Commission shall consist of seven (7) members appointed by the City Council, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 87-95 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 44-218(a) RELATING TO THE MEMBERSHIP OF THE COMMUNITY TELE - PROGRAMMING COMMISSION AND ADOPTING IN LIEU THEREOF THE FOLLOWING NEW SECTION 44-218(a) PROVIDING THAT THE COMMISSION SHALL CONSIST OF SEVEN (7) MEMBERS APPOINTED BY THE CITY COUNCIL. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-218(a) of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section is hereby adopted in lieu thereof: (a) The commission shall consist of seven (7) members appointed by the city council. In its appointments, the council shall endeavor to achieve a broad representation of the subcommunities and public interests which can Regular Session, December 18, 1995 11 take advantage of dedicated channels to benefit the residents of Dubuque The council shall appoint only residents of the city and shall give preference to applicants who are actively interested in promoting community cable programming who possess, or are willing to acquire, video production background, and who will relate to the spectrum of informational and cultural needs of cable viewers of Dubuque. The cable franchise administrator and anyone who is an owner, shareholder, employee or agent of the franchise holder shall be ineligible to serve as a member of the commission The membership may include a maximum of two (2) government officers and employees Members of the commission who represent subcommunities utilizing dedicated channels shall not be deemed to have a conflict of interest in the use of the equipment and facilities provided for that purpose solely because of their membership on the commission Section 2 Nothing herein shall effect the tem of office of any person who was a member of the commission on the effective date of this ordinance Passed, approved and adopted this 18th day of December, 1995. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 3rd day oflanuary, 1996 It 113 Mary A Davis CMC, City Clerk Council Member Voetberg moved that the requirement that the proposed Ordinances 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 Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Voetberg moved final consideration and passage of the Ordinances_ 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 Code of Ordinances designating Perk & Recreation Commission as the Perk & Recreation Advisory Commission; Designating as the Long -Range Planning Advisory Commission; Designating the Zoning Advisory Commission; Designating the Investment Oversight Commission; Designating the Community Development Advisory Commission and designating the Housing Trust Fund Advisory Committee, presented and reed (OFFICIAL PUBLICATION) ORDINANCE NO. 88-95 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING TO SECTION 34-21 A NEW PARAGRAPH DESIGNATING THE PARK AND RECREATION COMMISSION AS THE PARK AND RECREATION ADVISORY COMMISSION; ADDING TO SECTION 36-4 A NEW PARAGRAPH PROVIDING THAT THE LONG-RANGE PLANNING COMMISSION SHALL BE DESIGNATED AS THE LONG-RANGE PLANNING ADVISORY COMMISSION; ADDING TO SECTION 36-10 A NEW PARAGRAPH PROVIDING THAT THE ZONING COMMISSION SHALL BE DESIGNATED AS THE ZONING ADVISORY COMMISSION; ADDING A NEW PARAGRAPH TO SECTION 2-231 PROVIDING THAT THE INVESTMENT OVERSIGHT COMMISSION SHALL BE DESIGNATED AS THE INVESTMENT OVERSIGHT ADVISORY COMMISSION; ADDING A NEW PARAGRAPH TO SECTION 15-46 PROVIDING THAT THE COMMUNITY DEVELOPMENT COMMISSION SHALL BE DESIGNATED AS THE COMMUNITY DEVELOPMENT ADVISORY COMMISSION; AND ADDING A NEW PARAGRAPH TO SECTION 26- 36(a) PROVIDING THAT THE HOUSING COMMISSION TRUST FUND COMMITTEE SHALL BE DESIGNATED AS THE HOUSING TRUST FUND ADVISORY COMMITTEE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section L Section 34-21 of the City of Dubuque Code of Ordinances is emended by adding the following new paragraph: After January 1, 1996, the commission shell be known as the perk and recreation advisory commission Section 2 Section 36-4 of the City of Dubuque Code of Ordinances is emended by adding the following new paragraph: After January 1, 1996, the commission shell be known as the long-range planning advisory commission Section 3. Section 36-10 of the City of Dubuque Code of Ordinances is emended by adding the following new paragraph: After January 1, 1996, the commission shell be known as the zoning advisory commission Section 4 Section 2-231 of the City of Dubuque Code of Ordinances is emended by adding the following new paragraph: After January 1, 1996, the commission shell be known as the investment oversight advisory commission Section 5. Section 15-46 of the City of Dubuque Code of Ordinances is emended by adding the following new paragraph: After January 1, 1996, the commission shell be known as the community development advisory commission Section 6_ Section 26-36(a) of the City of Dubuque Code of Ordinances is emended by adding the following new paragraph: After January 1, 1996, the commission shell be known as the housing trust fund advisory committee. Passed, approved and adopted this 18th day of December, 1995. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 3rd day oflenuery, 1996 It 1!3 Mary A Davis CMC, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two 12 Regular Session, December 18, 1995 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 Voetberg 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 An Ordinance Providing for the membership and qualifications of the members of the Building Code and Advisory Appeals Board, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 89-95 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 204(6) OF SECTION 11-2 PROVIDING FOR THE MEMBERSHIP OF THE BUILDING CODE AND ADVISORY APPEALS BOARD AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH ()) PROVIDING FOR THE QUALIFICATIONS OF THE MEMBERS OF THE BUILDING CODE AND ADVISORY APPEALS BOARD. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L Section 204(3) of Section 11-2 of the City of Dubuque Code of Ordinances is hereby repealed and the following new paragraph adopted in lieu thereof (b) Membership The building code advisory and appeals board shall consist of five (5) members appointed by the city council, three (3) of whom shall have a background or experience in architecture, engineering, general building construction, contracting or carpentry, and two (2) of whom shall be from the public at large Section 2 This ordinance shall have no effect upon members of the building code advisory appeals board serving as of the effective date of this ordinance Passed, approved and adopted this 18th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 3rd day oflanuary, 1996_ It 1/3 Mary A Davis, CMC, City Clerk Council Member Voetberg 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 Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Voetberg 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 An Ordinance Providing for the membership and qualifications of the members of the Electrical Code Board, presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 90-95 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 81-3(b) OF SECTION 18-2 PROVIDING FOR THE MEMBERSHIP OF THE ELECTRICAL CODE BOARD AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH (b) PROVIDING FOR THE QUALIFICATIONS OF THE MEMBERS OF THE ELECTRICAL CODE BOARD. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L Section 81-3(3) of Section 18-2 of the City of Dubuque Code of Ordinances is hereby repealed, and the following new paragraph adopted in lieu thereof (b) Membership The electrical code board shall consist of five (5) members appointed by the city council Four (4) members shall have a background or experience in electrical engineering, electrical contracting, electrical installation or electrical maintenance, and one (1) member shall be appointed from the public at large. Passed, approved and adopted this 18th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 3rd day oflanuary, 1996_ It 1/3 Mary A Davis CMC, City Clerk Council Member Voetberg 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 Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Voetberg 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 An Ordinance Providing for the membership and qualifications of the members of the Mechanical Code Board, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 91-95 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 203(6) OF SECTION 24-2 PROVIDING FOR THE MEMBERSHIP OF THE MECHANICAL CODE BOARD AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH (b) PROVIDING FOR THE QUALIFICATIONS OF THE MEMBERS OF THE MECHANICAL CODE BOARD. Regular Session, December 18, 1995 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L Section 203(6) of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 203(6) is adopted in lieu thereof (b) Membership. The mechanical code board shall consist of seven (7) members appointed by the city council A member shall have a background or experience in sheet metal contracting, hot water and steam -fitting contracting, hot water and steam -fitting work, refrigeration contracting, refrigeration work, or mechanical engineering. Passed, approved and adopted this 18th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 3rd day of lenuary, 1996_ It 113 Mary A Davis CMC, City Clerk Council Member Voetberg 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 Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Voetberg 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 An Ordinance relating to the tams of members of the Library Board of Trustees and filling of vacancies, presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 92-95 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 30-4 RELATING TO THE TERMS OF MEMBERS OF THE LIBRARY BOARD OF TRUSTEES AND THE FILLING OF VACANCIES AND ADOPTING IN LIEU THEREOF A NEW SECTION 30-4 PROVIDING FOR THE TERMS OF MEMBERS OF THE LIBRARY BOARD OF TRUSTEES AND THE FILLING OF VACANCIES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 30-4 of the City of Dubuque Code of Ordinances is hereby repealed and the following new Section 30-4 adopted in lieu thereof Each member of the board described in section 30-1 shall hold office for four (4) years and until such member's successor is appointed and qualified The tam of office of any member shall commence on the first day of July in the year in which the member is appointed Vacancies occurring on the board through death, resignation or permanent removal from the city shall be filled by the mayor with the approval of the city council, but such appointments shall be made to fill out the unexpired tam for which the appointment is made Section 2 Nothing herein shall affect the tam of any member serving on the effective date of this ordinance. Passed, approved and adopted this 18th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 3rd day oflenuary, 1996_ It 1!3 Mary A Davis CMC, City Clerk Council Member Voetberg 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 Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Voetberg 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 An Ordinance Providing for the name thereof to Environmental Stewardship Advisory Commission and changing tam of office to expire on October 1st, presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 93-95 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW PARAGRAPH TO SECTION 18.5-21 PROVIDING FOR THE ENVIRONMENTAL STEWARDSHIP COMMISSION BY CHANGING THE NAME THEREOF TO ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION; AND AMENDING SECTION 18.5-23 BY ADDING A NEW PARAGRAPH PROVIDING THAT THE TERM OF OFFICE OF A MEMBER OF THE COMMISSION EXPIRES ON OCTOBER IST. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L Section 185-21 of the City of Dubuque Code of Ordinances relating to creating the Environmental Stewardship Commission is amended by adding thereto the following paragraph: After January 1, 1996, the Commission shall be known as the Environmental Stewardship Advisory Commission Section 2 Section 185-23 of the City of Dubuque Code of Ordinances relating to the tam of office of members of the Environmental Stewardship Advisory Commission is hereby amended by adding the following new paragraph: The term of office of a member appointed after January 1, 1996, shall expire October lit Passed, approved and adopted this 18th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 3rd day of lenuary, 1996 14 Regular Session, December 18, 1995 It 113 Mary A Davis CMC, City Clerk Council Member Voetberg 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 Nagle Canned by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Nagle Canned by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None An Ordinance Providing for qualification of Trustees of Transit Board; providing for powers and duties of the Board of Trustees; Providing for the deposit of funds collected and providing for the management of the Transit System, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 94-95 AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 46-67 PROVIDING FOR THE QUALIFICATION OF TRUSTEES AND ADOPTING IN LIEU THEREOF A NEW SECTION 46-67; BY REPEALING SECTION 46-71 PROVIDING FOR THE POWERS AND DUTIES OF THE BOARD OF TRUSTEES AND ADOPTING IN LIEU THEREOF A NEW SECTION 46-71 PROVIDING FOR THE POWERS AND DUTIES OF THE BOARD OF TRUSTEES; BY REPEALING SECTION 46-72 RELATING TO THE DEPOSIT OF FUNDS COLLECTED FOR THE TRANSIT SYSTEM AND ADOPTING IN LIEU THEREOF A NEW SECTION 46-72 PROVIDING FOR THE DEPOSIT OF FUNDS COLLECTED FOR THE TRANSIT SYSTEM; AND REPEALING SECTION 46-81 ESTABLISHING THE OFFICE OF TRANSIT MANAGER AND ADOPTING IN LIEU THEREOF A NEW SECTION 46-81 PROVIDING FOR THE MANAGEMENT OF THE TRANSIT SYSTEM. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L Section 46-67 of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 46-67 is adopted in lieu thereof Sec 46-67. Qualifications of trustees_ The trustees of the transit authority shall qualify by taking their respective oaths of office Section 2 Section 46-71 of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 46-71 adopted in lieu thereof Sec 46-7L Powers, duties of board The board of trustees of the transit authority shall have (1) The power to execute agreements and act as the applicant and recipient of federal and state grants relating to the transit system operation and the purchase of new equipment. (2) The power from time to time to fix and establish routes and schedules and charge the same whenever it is deemed advisable and to fix, maintain and regulate rates, fares or charges for the transportation of passenger_ and any incidental services and the rates or charges to be made for advertising in buses or any other facility under the control of the board. Section 3 Section 46-72 of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 46-72 adopted in lieu thereof Sec 46-72 Deposit of funds_ All funds derived from taxation, federal and state grants, fares, or funds collected othenvise for transit system purposes shall be deposited with the treasurer of the city to the credit of the transit system Section 4 Section 46-81 of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 46-81 adopted in lieu thereof Sec 46-8L Management of transit system The City Manager shall provide for the management of the transit system Passed, approved and adopted this 18th day of December, 1995. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald this 3rd day oflanuary, 1996 It 1!3 Mary A Davis CMC, 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 Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Voetberg 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 City Manager recommending approval of contract with Strand Associations for Phase III at Water Pollution Control Plant, presented and read Council Member Robbins 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. 420-95 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH STRAND ASSOCIATES, INC., FOR THE PURPOSE OF PROVIDING ENGINEERING CONSTRUCTION SERVICES FOR THE PI -LASE IIT IMPROVEMENTS AT THE WATER POLLUTION CONTROL PLANT Whereas, a Phase IQ improvement has been budgeted at the Dubuque Water Pollution Control Plant, and Whereas, Strand Associates, Inc, has submitted to the City an agreement to conduct engineering Regular Session, December 18, 1995 15 construction services of this improvement for an amount not to exceed $255,600, 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 agreement for engineering construction services with Strand Associates, Inc, dated November 20, 1995, for the Phase III improvement project at the Dubuque Water Pollution Control Plant Passed, approved and adopted this 18th day of December, 1995. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Robbins 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 final plat of portion of Rolling Meadows, located near IF K. Road and Union Park Road, 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 Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 421-95 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 6 THROUGH 12, INCLUSIVE, LOTS 20 THROUGH 22, INCLUSIVE, AND LOTS 27, 28, A AND B OF ROLLING MEADOWS SUBDIVISION IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots 6 through 12, inclusive, Lon 20 through 22, inclusive, and Lots 27, 28, A and B of Rolling Meadows Subdivision in Dubuque County, Iowa; and Whereas, upon said final plat appear streets to be known as Chloe Lane and Corey Court, and Whereas, the preliminary plat has been examined by the Zoning Commission and had its approval endorsed thereon, with conditions that Lots 27 and 28 be designated as non -buildable, Lot 12 and Lot B not have direct access to John F Kennedy Road and that the City Council waive Article IV, Design and Improvement Standards of the Subdivision Regulations, except for Section 42-19, Lots and Blocks; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon; 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 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 1 That the final plat of Lots 6 through 12, inclusive, Lots 20 through 22, inclusive, and Lon 27, 28, A and E of Rolling Meadows Subdivision in Dubuque County, 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 Section 2 That a homeowner_ association shall be formed to provide maintenance for streets to be known as Chloe Lane and Corey Court_ Section 3 That Lot 27 and Lot 28 shall be designated as non -buildable Section 4 That no direct access to John F Kennedy Road shall be allowed from Lot 12 and Lot B. Section i That the City Council hereby waives Article IV, Design and Improvement Standards, except for Section 42-19, Lots and Blocks, of the City Subdivision Regulations Section 6 That in the event the owner shall fail to execute the acceptance within forty-five (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 18th day of December, 1995. Terrence 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 Zoning Commission advising of their approval to rezone property at 11376 North Cascade Road (Happy Tails Kennel) from AG to R-3 District as requested by Marty & Nancy McNamer, 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 Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None An Ordinance Amending Zoning Map by reclassifying property located at 11376 North Cascade Road from AG Agricultural 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 Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Kluesner moved that a Public Hearing be held on the proposed Ordinance on the 15th day of January, 1996, at 7:00 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 Nicholson. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None 16 Regular Session, December 18, 1995 Zoning Commission advising of their approval to rezone property adjacent to 602 Peru Road from R-3 to U District as requested by Jerome & Susan Ernes and David & Mary Haberkom, 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 An Ordinance Amending Zoning Map by reclassifying property located adjacent to 602 Pen Road from R-3 Moderate Density Multi -Family Residential District to U Light Industrial 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 Canned by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Kluesner moved that a Public Hearing be held on the proposed Ordinance on the 15th day of January, 1996, at 7:00 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, Nagle, Nicholson, Robbins, Voetberg Nays—None Zoning Commission advising of their approval to reclassify property at 3425 Pennsylvania Avenue from R-4 to OS District as requested by Cindy Gilligan, 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 An Ordinance Amending Zoning Map by reclassifying property at 3425 Pennsylvania Avenue from R-4 Multi -Family Residential District to OS Office Service 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, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Kluesner moved that a Public Hearing be held on the proposed Ordinance on the 15th day of January, 1996, at 7:00 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, Nagle, Nicholson, Robbins, Voetberg Nays—None Zoning Commission advising of their approval to approve Conceptual Development Plan and rezone from AG and C-3 to PUD District for property located at Northwest corner of Asbury Road and the Northwest Arterial as requested by Friedman Realty, 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 An Ordinance Amending Zoning Map by reclassifying property located North of Asbury Road and West of the Northwest Arterial (HVVY 432) from AG Agricultural and C-3 General Commercial District to PUD Planned Unit Development District with a PC Planned Commercial District designation and adopting a Conceptual Development Plan, with Conditions, 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 Canned by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Kluesner moved that a Public Hearing be held on the proposed Ordinance on the 15th day of January, 1996, at 7:00 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, Nagle, Nicholson, Robbins, Voetberg Nays—None Bud Lsenhart spoke expressing sincere appreciation to Council Members Loras Kluesner and Robert Nagle whose tams end December 31, 199i Mayor Duggan and the other Council Members also expressed their sincere gratitude and respect At 8:15 p m. Council Member Voetberg moved that it be resolved to go into Closed Session - In accordance with Chapter 2017 (3) regarding strategy meeting of a public employer and pending litigation Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None At 8:39 p m., Council reconvened. There being no further business, Council Member Voetberg moved to adjourn the meeting. 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 8:40 p m. Mary A Davis CMC City Clerk Approved 1996. Adopted 1996. Regular Session, December 18, 1995 17 Mayor Council Members Attest City Clerk