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1991 January Council ProceedingsRegular Session, January 7, 1991 CITY COUNCIL OFFICIAL PROCEEDINGS Rngui~ Session, January 7, 1991. Council met at 7:30 p.m., l~bllc Library Pre~ent: Mayor Brady, Council Members Duich, Kluesner, Krleg, Nicholson, Pratt Vcetberg, City Manager W. Kannatl Gearhart, C~tion Counsel Barry A. Liedahl. Mayor Brady 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 b~fore the Council. PROCLaMATION(S): lanuary 21, 1991 as "Mantln Luther ~ng Day" received by Jan Gluichner. Council Member Kluesner moved to sus- pend tho rules to allow anyone present ~o address the Council if they an desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Coanei] Members Deich, Klueaner, Krlng, Nicholson, Pratt, Voetberg. Nays---None. Proof of publlcadon, cerdfied to by the Publisher, on Notice of Public Hearing to consider entering into an Agreement with Dubuque County for lease of Tower Space on the Eagle P~nt Water Tower for radio equipment associated with the E911 Com- manicetion Network, presented and read. Council Member Kluesner moved that the proof of publication be received and fried and that the public hearing be opened and that the public hearing and action be tabled to January 21, 1991 Couneil Meeting. Seconded by Council Member Voctberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Ktuesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Proof of publication, ccrdfied to by the Publisher, of Notice of Public Hearing to consider Ordinance providing that tho Cede of Ordinances be amended by revising Chapter 11, The Uniform Building Code, by edd~ng to Section 11-2 A New Section Per- tairdng to Reaidenflui Exiting, l~csented and read. Council Member Voetberg moved that the proof of publication be received and filed~ Seconded by Council Member Pratt. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Nicholson, Pratt, Voetberg. Nays--None. An Ordinance Amending Chapter 11, 'the Uniform Building Code, of the Code of OrcHnances of the City of Dubuque, Iowa, by adding to Section 11-2 A New Section Per- talalng to Residential Exiting, said Ordinance having been presented and read at the Coun- eil Meeting of December 17, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 1-91 AN ORDINANCE AMENDING CHAPTER 11, THE UNIFORM BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING TO SECTION 11-2 A NEW SECTION PERTAINING TO RESIDENTIAL EXITING. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That Section 11-2 of the Code of Ordinances of the City of Dubuque, Iowa, be an~nded by adding thereto the following: Section 1204. Section 1204, "Exits and En~rgency Escapes" is hereby amended by repealing such section and replacing such section with a new secilon in lleu th~eof as follows: "Section 1204, Exits and Emergency Escapes. Stairs, exits and smokeproof enclosures shall be as specified in Chapter 33. Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emer- gency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of ~eperate All escape or ~scue windows shall have a minimum net clear oponaMe area of 5.7 square feet. The minimum net clear openable height dimension shall be 24 inches. The minimum net clear width dimension shall be 20 inches. Whan windows are provided as a 2 Regular Session, January 7, 1991 means of escape or rescue they shall have a finished alii height not more than 44 inches above thc floor. Bars, grilles, grates or similar devices nmy be installed on an cm0rgoncy escape or res- cue windows or doors, provided: 1. Such devices are equipped with approved release mechanisms which are openaHle from the inside without thc use of a key or special knowledge or effort; sad 2. The building is equipped with smoke detectors installed in accordance with Section 1210,. Section 2. This Ordinance shall take effect upon publication as required by law. Passed, approved and adopted this 7th day of January, 1991. James E. Brady Mayor Arrest: Karen M. Chesternxan Deputy City Cie~k Published officially in the Telegraph Herald newspaper this llth day of January, 1991. Karan M. Cbesternmn Deputy City Clerk It 1/11 Council Member Voetberg moved final adoption of the Ordinance, Seconded by Council Member Pratt Canled by the following vote: Yens--Mayor Brady, Coun- cil Members Dnich, Kluesuer, Krlag, Nichol~on, Pratt, Vuetberg. Nays--None. Proof of publication, certified to by the Publisher, of Notice of Public Hearing to consider Ordinance providing that the Cede of Ordinsace~ be amended by amending Ordinance No. 17-84 which Ordinance eatab~ lished Jallen Dubuque Drive PI Planned Indas~al District, which would allow development on part of Parcel "B" sad "D" located north of Jalien Dubuque Drive, presented and read. Council Member Pratt moved that the proof of publication be received sad filed. Seconded by Council Member Kring. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesuer, Krlng, Nicholson, Pratt, Voetberg. Nays-None. John Plynn, 11~) S. Gnmdvinw, spoke stating plans for a Maintenance Shop for storage of construction equipmenL Ai~aney Gary Nceby spoke for Mr. Tschiggfrie giving clarification of requested An Or~sance Providing for the Amend- ment of Ordinance No. 17-84 which Ordi- nance Established Jdiinn Dubuque Drive Pl Planned lnduatdal Dish'ic~, said Ordinance given the 1st Reading only on 12/17, pre- santed for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 2-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE AMENDMENT OF ORDINANCE 17-84 WHICH ORDINANCE ESTABLISHED ~ULIEN DUBUQUE DRIVE PI PLANNED INDUSTRIAL DISTRICT. Whereas, Edward Tscbiggfiie, owue~ and applicant, has filed an application for approval of an emended conceptual develop- ment plan in accordance with provisions of the Pl Planned Industrial Disuict regulations as set forth in Section 3-4.3 of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; sad Whereas, the Zoning Commission has held a public hearing on said application for sa amended conceptual development plsa pnssusat to ~quired published notice; and When:as, the Zoning commission has approved said amended conceptual develop- merit pisa subject to specific conditions and restrictions having found that said plan conforms with the review standards applic- able to such plans ns set forth in Section 3- 4.3 of the Code of Ordinances, Appendix A thereof, of the City of Duboquel Iowa; and Whereas, the Zoning Commission recom- mended the concurrence of the City Council and approval of said emended concoptaui development pisa; sad Wbe~as, the City Council has received the recommendation of the Zoning Commis- sion and held its own public hearing on said amended conceptual development plsa pur- susat to required published notice; and Whereas, the City Council has approved said stranded conceptual development plan subjuet to the same specific conditions and restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ;lar Session, January 7, 1991 ,1. That Ordinsace No. 1%84 be t repealing Section 2.A(I) thereof enacting a now Section 2.A(I) in lieu as follows: pennlitad in the HI Heavy I~dnsUial District shall be permiued provided ~ use confc~aa with Section 3-4.3 PI Industrial Dis~ict of the Zoning with thn exception nf Parcel "D" 0~; which only uses nembe~od 1 - $2 in- cla~vn in the HI Heavy Indus~ini Dis~ict Shall be permitted, except as provided hero- Se~inn 2. That Ordinance No. 17-84 be ameoded by r~pealing Section 2.CC3) thereof and enacting a new Section 2.C0) in lieu the~reof, ~s follows: "Building and atmctare heights shall be limited to one hundred feet (100') except for "D" which shall be limited to ). Antennae, communication towers, shall be exempted from the~ height provisions." : See~lon 3. That Ordinanc~ No. 17-84 be amended by repealing the Devnlopmant Land U~o Map and enacting & new Development ~ Amended in lieu thereof. Pa~ed, approved and adopted this ?th day of Jsauaty, 1991. lames E. Brady Mayor Attest: Ka~n M. Cbeatarmsa Del~lty City Clerk Published officially in the Telegraph Herald nowspaper this llth day of Sanuaty. 1991. Kamn M. Chesterman Deputy City Clerk It 1/11 Council Member Pratt moved that the terlnirement that n proposed Ordinance considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally adopted be peaded and fmther moved final adoption of the Otd~sance. including only Parcel D. Seconded by CounaH Member Kfing. Ca. ed by the following vote: Yeas--Mayor Brady, Council Members Kluesnor, Ksieg, Nichnlson, Pratt, Voetberg. Nays---Council Member Dcich. Communication of tho City Manager submitting an Ordinance Amending Zoning Ordinance by ~clnssifying property located at 1724 Lincoln Ave. from R-2A Altamate Two-Family Realdenlial Dis~ct to R-4 Multi-Family Residential District with conditions, presented sad read. Council Member Voetberg moved that the commun- ication be mcnived and fled. Seconded bY Council Member Pratt Canled by the following vote: Yeas-Mayor Brady, Council Member~ Dalch, Khieaner, Kriag, Nichnlson, Pratt, Voetherg. Nays--Non~. An Ordinsaue Amending Zoning Ordi- nance by rediasalfying property located at 17~A Lincoln Ave. from R-2A Alternate Two-Family Residential District to R-4 Multi-Family Residential District with Conditions, said Ordinance given the 1st Reading at meeting of 11-5. 2nd Reading at Meeting of 11-19. and Public Hearing tabled at meeting of 12-17. p~aented for final action, Roger Oootzinger, 1808 Lincoln, Tim Biederman, 1002 IAncoln, Ron White, 3720 Aerostar, Dan Prngler of Holy Trinity Parish Council, David Goatzinger, 1795 Lincoln, all Council Member Pratt moved that they bring back the Ordinance from the table and include all new Agreements with the excep- tion of parking spaces, leaving that at 16 spaces, and final adopt. Seconded by Council Member Nicholson. Vote on the motion wns as follows: Yea~---Council Members Klunsns~, Kring, Nicholson, Pratt, Voethecg. Nays---Mayor Brady, Council Member Ddich. Motion failed - Ordinance Not Adopted. Council recessed 9:14 p.m. Council reconvened 9:24 p.m. Commonicatlon of City Manager submit- ting documents initiating the bidding process for the construction of improvements in the Ice Harbor Plaza area, presented and read. Council Member Pratt moved that the com- munication ha mcnlved sad filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 1-91 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 4 Reg___ular Session, January 7, 1991 That the propped plans, ~ form of contract and estimated cost for the ConsUuction of Ice Harbor Plaza, in thc estimated amount of $226,000.00, am hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 7th day of January, 1991. - {ames E. Brady Mayor Attest: Katen M, Cbesterman Dopu~ City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voethurg. Canled by the following vote: Y~Mayor Brady, Council Members Duich, Riunsner, Krleg, Nicholson, Prau, Voetberg. Nays--None. RESOLUTION NO. 2-91 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, thc City Council of the City of Dubuque, lows has given its preHminery approval on the proposed plans, specifi- cations, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Construnfion of Ice Harbor Plaza. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 4th day of February, 1991, a public hearing will be held at 7:30 p.m. in thc Public Library Auditorium at which time interested per~ons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is bereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuqun, Iowa, which notice shall be not less than four days nor mote than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to tho proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted und approved this 7th day of JaRuary, 1991. James E. Brady Mayor Attest: Karen M, Chasterman Deputy City Clerk Council Member Pratt moved adoption of the Resolution, setting Hearing for February 4, 1991 at 7:30 p.m. in the Public Library Auditorium and directing the City Clerk to publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 3-91 ORDERING BIDS NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Construction of Ice Harbor Plaza is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the mount of thc security to accompany each bid shah be in an amount which shall conform to the provisions of the notice to bidders bel~by approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the constnwtion of the xmprovements herein provided, to be pub- lished in a newspaper having gonural alreul- atlon in tho City of Dubuque, Iowa, which notice shall not be less than four days nor mom than twenty days prior to the receipt of said bids at 2:00 p.m. on the 17th day of January, 1991. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on tho 4th day of February, 1991. Passed, adopted and approved this 7th day of January, 1991. James E. Brady Mayor Attest: Karen M. Chesterman Deputy City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Vc~tberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Ksieg, Nicholson, Pratt, Voetberg. Nays~None. Communication of City Manager submit- ting Re~olution fixing date for meeting on Regular Session, January 7, 1991 of a Contract for Guarantee Assistance under Section of the Housing and Community Act of 1974, Inesented and I Member Pnat moved that thc be received and filed. Council Member Vuntberg. the foliowing vote: Yeas--Mayor Council Members Dcich, Riuesner, Nicholson, Pratt, Voetberg. ~c J RESOLUTION NO. 4-91 DA~E FOR A MEETING ON THE AUTHORI- ZATION AND APPROVAL OF A ~ONTRACT FOR LOAN ANTEE ASSISTANCE ~: UNDER SECTION 108 OF THE AND COMMUNITY 1974, AS t, IN THE AMOUNT OF $1,000,000 BY THE CITY OF .DUBUQUE, IOWA AND PRO- VIDING FOR PUBLICATION OF NOTICE THEREOF thc City of Dubuque did on May 2, 1988, adopt an urban renewal project known as the Dubuque Industrial Center Economic Development District (the "Plan") for the Urban Renewal Ama described therein, which Plan was amended by action of this Council on December 17, 1990 (the Plan, as so amended, shali be referred to ']?lan"); Whereas, tho Plan providas for, among other things, the acquisition and disposition of properties for private rehabilitation as a proposed uxben renewal action; Whereas, by Resolution No. 393-90 adopted September 17, 1990, this Council approved disposition of certain real property subject to the Plan to Nordstrom, Inc. of Seattle, Washington (the "Redeveloper"), pursuant to the ~erms and conditions of an Agreement for Sale of Land for Private Redevelopment by and between the City and the Redeveloper (the "Agreement"); Whereas, the proposal of the Redeveloper and the Agreement calls for the Redeveloper to construct and opurate an industrial facility consisting of a distribution and warehouse center of approximately 170,000 square f~t, a surface parking lot, Ruck parking area and landscaping (the "Project"); Whereas, the Agreement fm'ther obligates the Redevelol~r to enter into a minimum assessment agxeement with the City, setting the minimum taxable value of th~ Project for tax purposes at not less dian Seven Million Dollars ($7,000,000); Whereas, Section 403.6(5) authorizes thc City to bo~ow money and to apply for and accept advances, loans, gxants, contributions and any other form of financial assistance from die federal government or other sources for the pmpose~ of an urban ~newni plan authorized under Chapter 403 of the Iowa Code, and to give such secmity as may be requlrcd and to enter into and carry out contracts in connection therewith; Whereas, Section 403.6(17) authorizes the City to accapt contributions, grants, and other forms of financial assistance from the federal governmcn[ to be used upon a finding of public purpose to make grants or loans as necessary or appropriate to private persons for an urban renewal project; Whereas, the City cunently expects to receive un offer from the United States Department of Housing and Urban Develop- ment to enter into a Contract for Loan Guarantee Assistance (the "Section 108 Loan Agreement") under Section 108 of the Housing and Community Development Act of 1974, as amended (tho "Act"), in the amount of $1,000,000 the proceeds of which would be utilized by the City to acquire die necessary real property for ttansfer to the Redeveloper in accordance with the terms and conditions of the Agreement; Wl~reas, the Section 108 Loan Agree- ment shall not be a general obligation of the City but shall be seemed and payable solely and only from all grants which have been made or for which tho City may become eligible in the future under Section 106 of the Act, program income from the disposition by sale or lease of any real property to the extent acquired or rehabilitated with the Section 106 funds (including any interest earned on such disposition proceeds) and all proceeds (including insurance and condemnation proceeds) from any of die foregoing; Whereas, this Council has determined that die Agreement is in die best interest of the City and the residents thereof and that the performance of the City thereunder is a public undertaking and perpo~e and in furtherance of thn economic development activities and objectives of the City within the meaning of Sections 403.6(5), 403.6(17) and 15A. I of the Iowa Code; Where., neither Section 40~.6(5), 403.6(17) nor any other Code provision sets 6 Regular Session, January 7, 1991 forth any proccdurai action reXlnired to bo taken before such a contract for financini assistance may bc appwved, and pursuant to Section 364.6 of the City Code of Iowa, it is hereby detannined that the procedures speci- fied in Seedon 384.25 shall apply and shall and shall bo deemed sufficient for the action hereinafter described to bo taken, and that the~Clerk shall~publish a notice of the pro- posal to authorize and approve the Section 108 L°an Agreement and of the time and place of thc meeting at which tho Cound propose~ to tak~ action thereon and to receive oral and/or vai~n objections from any lesident or property owner of the City to such action. NOW, THEREFORE, BE Il' RESOLVED, BY Ttffi CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the performance of tho City under the Agreement bo and is hereby declared to bo a public undertaking and purpose and in furtherance of the Plan and the economic development activities and objectives of the City within the meaning of Sections 403.6($), 403.6(17) and 15A.1 of the Iowa Code, Sectinn 2. That this Council meet in the Public Library Auditorium, Dubuque, Iowa, at 7:30 o'alock p.m., on the 21st day of January, 1991, for thc purpose of taking action on the matter of thc authorization and approval of a Contract for Loan Guarantee Assistance under Section 108 of the Housing and Community Development Act of 1974, as amended, in the amount of $1,000,000, by tho City of Dubuque, Iowa, the proceeds of which will ha used to provide funds to pay costs of aiding in the planning, undertaking and canyiag out of the Urban Renewal th~ ject designated as the Amended and Rnstated Dubuque ludns~rial Center Economic Development District Urban Renewal Plan under the authority of Chapter 403 of the Co~e of Iowa, 1989, as amended, including the ~ acquisition of real prop~ for the Ploject pursuant to the terms and conditions of thc Agreement. Section 3. That thc Clerk is hereby directed to cause at least one publication to bo made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at inapt once weekly, and having general circulation in the City, said publication to be not less than four clear days nor'mom than twenty days before the date of said public meeting on the authorization and execution of said Section 108 Loan Agreement. SecBou 4. The notlc~ of the proposed action to authorize the Section 108 Loon Agre~raeet shall bo in subs~mtially the fo~o~ng f~: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, IN THE AMOUNT OF $1,000.000 BY THE CITY OF DUBUQUE, IOWA, AND THE HEARING ON THE AUTHORIZATION THEREOF. PUBLIC NOTICE is bomby given that the Council of the City of Dubuque, Iowa, will bold a public heedn~g, on the 21St day of January, 1991, at 7:30 o clock p.m., in the Public Library Auditorium, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the authorization and approval of a Contract for Loan Guarantee Asaistsnce under Section 108 of the Itousing and Community Development Act of 1974, as amended (the "Act"), in the amount of $I,000;000 (the "Section 108 Loan Agreement"), by the City of Dubuque, Iowa, in order to provide funds to pay costs of aiding in the planning; undertaking and carrying out of the Urban Renewal Project designated as tho Amended and Restated Dubuque Industrial Center Economic Development Dishict Urban Renewal Plan under the authority of Chapter 403 of the Code of Iowa, 1989, as amended, including the acquisition of real property for transfer to Nordsla'om, Inc. of Seattle, Washington (the "Redeveloper') in accordance with the terms and conditions of the Agreement for Sale of Land for Private Redevelopment by and between the City and Redeveloper approved by the City Council on September 17, 1990. Thc Section 108 Loan Agreement shall not bo a general obligation of the City but shall be secured and payable solely and only fi.om all grants which have boon made or for which the City may become eligible in the future under Section 106 of the Act, program income from the disposition by sale or lease of any leal proper~y to the extent acquired or rehabilitated with such Section 106 funds (including any interest earned on such disposition proceeds) and all prot~eds (including insurance and condemnation proceeds) fi.om any of the foregoing. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City to the Regular Session, above action. Afle~ all objections have been ~ved and co~sid~.~d, the Counnil will at ~ meeting or at any adjournment thereof, tal~e additional action for the authorizatiml and appwv~l of the Section 108 Loan Ag~e- mont or will abandon tho ploposal of the Seeflon 105 Loan A~ment. By order of the Coun~l todd hearing mad at~e~ls tha~vfi.mn shall ha bold in aceerdanee with and 8ov~aed by the provialons of Section 384.25 of the City Code of Iowa. This Notice is given by order of the CounCil of Dubuque, Iowa, as provided by Sections 384.25 and 364.6 of thc City Cede of iowa. Section 384.25 shall govern meeting and action taken thereat. Dated this 7th day of JanuaE~, 1991. Kamn M. Cbosterman, Deputy City Clerk, Dubuque, lowa (END OF NOTICE) Passed, and approved this 7th day of January, 1991. James E Brady Mayor Karon M. Chesterman Deputy City Clerk Council Member Pratt moved adoption of the Rnsolution souing Heating date to bo January 21, 1991 at 7:30 p.m. in the Public Libra~ Auditorium and that the City Clerk publish notice in the manner proscribed by law. Seconded by Council Member Voetberg. Carried by the following vote: Yens--Mawr Brady, Council Members Delch, Kluesner, Ksiag, Nicholson, Pratt, Voetboxg. Nays--None. Communications of Zoning Commission advising of their approval of a Zoning Or&nanee text amendment that would clmify the requlremants of Section 4-1.3 which deals with side and rear yard setbacks for accessory structures in residential disrdct, presented and read. Council Member Voetberg moved that the eemmuhicafion bo received and filed. Seconded by Council Member Pns~ Can'ied by the following vo~: Yeas--Mayor Brady, Council Memb~s Dnich, Klunsner, Kfiag, Nicholson, Pratt, Voetharg. Nays--None. An Or&annce Providing that the Code of Ordinances bo amended by revising Appan&x A thereof, also known as tho Zoning Ordinance of the City of Dubuque, Iowa by repealing the present Section 4-1.3 January 7, 1991 7 and adding thereto anew Section 4.L3 pro- riding that the method of calculming side and rear yard setback for accessory roes be niwred, pre~entad and read. Council Member Voetherg moved that this bo considcred the first reading of the Ordinance, and that the rcquiremant that a proposed Ordinance be considered and voted on for passage at two council m~etings prior to the meeting at which it is to be finally adopted be sus- peuded and further moved that a Public Hearing bo bold on the Proposed Ordinance on .the 21st day of January. 1991 at 7:30 p.m. in the Public Libnuy Auditorium and that the City Clerk published notice in the manner prescribed by law. Seconded by Council Member PratL Canied by the following vote: Yeas--Mayor Brady, Coun* cll Members Dcich, Kluesncr, Krlag, Nicholson, Prntt, Veetharg. Nays--None. Communication of Zoning Commission submitting proposed text amendments which will change the development regulations for both the OR Office Residential and OS Office Service Disiric~s and requesting setting of Public Hearing and communication of City Manager discussing additional recomm~ndetions should the proposed text amendments for revised OR Office Rusidemini and OS Office Service Districts bo adopted and requesting consideration of a delay in implementation of the revised OR Dis~ict regulations for up to six months to ensure a new Cable Car Square a~ea cornmeleial disuict would bo established, preeented and read. Council Member Pratt moved that the communications bo received and filed. Seconded by Council Member Nicholson. Carded by the following vote: Yees--Mayor Brady, Council Members Dcich, Klunsner, Kfiag, Nicholson, Pratt, Vo~tberg. Nays--None. Au Ordinance Providing that the Code of Ordinances bo amended by revising Appandix A Thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, by repealing the Present Sections 3-2.1 and 3-2.2 and adding thereto New Sections 3-2~1 and 3-2.2 Providing New Office Dis- tfict Regulations, preson~i and read. Council Member Pratt moved that this bo considered the first reading of the Ordinance, and that the ~lni~ment that a proposed Ordinance be conside~d and voted on for passage at two council meetings prior to the meeting at which it is to bo finally adopted be sus- pended and further moved that a Public Heating bo held on the Proposed Ordinance on the 21st day of January, 1991 at 7:30 p.m. in the Public Library Auditorium and that tho City Clerk publish notice in the manner prescribed by law. Seconded by Regular Session, January 7, 1991 Council Member Nicholson. Carried by the following vute: Yeas--Mayor Brady, Coun- cil Members De. ich, Kluesner, Kriag, Nichol~on, Pratt, Voctberg. Nays-=Nonc. Communication of city Manager sub- mitring a Resolution Authorizing the Mayor to exeunte an Agreement with the Iowa Delmrm~nt of Transportation on a Right-of- Way Assurance Statement for Federal Aid Projects, presented and read. Council Member Kluesner moved that the commun- icalion be received and filed. Seconded by Council Meml~r Veetberg. Carried by the following · vote: Yeas---Mayor Brady, Council Membexs Deich, Klueunes, Krlag, Nicholson, Pratt, Voetherg. Nays--None. RESOLUTION NO. 5-91 RESOLUTION AUTHORIZING THE MAYOR TO EXECIJTE AN AGREE- MENT WITH THE IOWA DEPART- MENT OF TRANSPORTATION FOR RIGHT-OF-WAY ASSURANCE STATEMENT FOR PEDERAL-AID PRO~ECTS Whereas, the Iowa Depamunnt of Transportation has requested the City to execute an agreement stipulating that the City will comply with the 1970 Uniform Relocation Assistance and Land Acquisition Policies Action, on federal-uid transportation Whereas, such a statement must be on file with thc Iowa Department of Transportation in order for the City to be eligible for fedexal transportation funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be authorized to execute a right-of-way assurance statement with the Iowa Department of Transportation stipulating that the City of Dubuque will comply with the relevant federal regulations on acquisition of property for transportation purposes, for which federal funds will be involved. Passed, ~p,~,ved and adopted this 7th day of January, 1991. Jarc~s E. Brady Mayor Attest: Katun M. Chesterman Deputy City Clerk Council Member Klunsner moved adop- tion of the Resolution. Seconded by Council Member Voetborg. Cezried by thc following vote: Yeas~Mayor Brady, Cou~il Members Deich, Klucsner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Communication of the City Manager submitting a Resolution Approving Precon- struction Ag~emunt with the Iowa Depart- ment of Transportation for the Rehabilitation of the Julien Dubuque Bridge, preseuted and read. Council Member Kluesuer moved that the commubication be received and filed. Seconded by Comaeli Member Pratt. Carried by the following vote: Yeas--Council Members Kluesner, Krieg, Pcati, Voetberg. Nays---Mayor Brady, Council Members Deich, Nicholson. RESOLUTION NO. 6-91 PRECONSTRUCTION AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR REHABILITATION OF THE FOL1EN DUBUQUE BRIDGE ON U.S. 20 Whereas, the Iowa Department of Trans- portation is planning to award a contract for the rehabilitation of the Julien Dubuque bridge commencing February 4, 1991; and Whereas, the rehabilitation will remove the bridge from service from February 4, 1991 through December, 1991; and Whereas, the bridge will be placed in service by the end of 1991 but F~dnring of the bridge will not be performed until the summer of 1992 although the biidgo will then remain in service; and Whereas, this rehabilitation project entails removing of the existing bridge deck and sidewalk, the relocation of the sidewalk to the south side of the existing structure, structural repairs and ve-decldng of the bridge; and Whereas, during consUacfion, through traffic typically using U.S. 20 crossing the river on the Julien Dubuque Midge will be detoured through the City on I.D.O.T. on marked routes for crossing of the Mississippi River at the lowa~Visconsin Midge; and Whereas, thc City under this preCon- struction agreement will be consenting to the relocation of all its utilities at its cost, those utilities which would be in conflict with any of the construction activities associated with the project. Regular Session, January 7, 1991 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Preconstruction Agreement identified as I.D.O.T. Agreement #90-9-214 is hereby approved. Section 2, That the Mayor he authorized and directed to execute copies of this Project Agreement and copies of the agreement be forwarded to the Iowa Department of Trans- portation for theLr execution. Passed, approved and adopted this 7th day of January, 1991. Iarres E. Brady Mayor Attest: Ka~n M. Chesterman Deputy City Clerk Council Member lrduesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by tho following vote: Yeas~Council Members Kluesner, Krieg, Pratt, Voetberg. Nays-Mayor Bredy, Council Members Deich, Nicholson. Communication of City Manager submit- ting a Resolution to acquire real estate located at 591 Almond St., presented and read. Council Member Kluesner moved that the commudication be received and filed. Seconded by Council Member Nicholson, Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kring, Nicholson, Pratt, Voetherg. Nays-~ouncfi Member Dcich. RESOLUTION NO. %91 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE AT 591 ALMOND STREET, IN THE CITY OF DUBUQUE. Whereas, the City of Dubuque ia committed to enforcement of housing quality standards and to the provision of assistance toward the addition of housing units to the City's inventory; and Whereas, acquisition of suitable properties, in specific instances, is an appropriate means of achieving these goals. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the folIowiag legally described property dom the sellers, Morris J. Blum and Janice M. Blum: The West Forty-feet (40') of Lot Sixty- Six, Cox Addition, in tho City of Dubuque, Iowa, according to the recorded plat thereof at the cost of Nine Thousand Dollars ($9,000). Section 2~ That the City Manager be and he is hereby authorized and dLrected to accept a Quit Claim Deed from the owner, conveying thc owner's interest to the City of Dubuque, Iowa, for the he~uin described real Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to he re~orded in the Office of the Dubuque County Recorder, together with cerfified copy of this Resolution. Section 4. That thc City Clerk be and she is hereby directed to forward a copy of this Resolution tn the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 7th day of January, 1991. James E. Brady Mayor Attest: Karen M. Chcsterman Deputy City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas---Mayor Brady, Council Members Kluesner, Kfiag, Pratt, Nicholson, Voetberg. Nays--Comaeil Member Deich. Communication of City Manager submit- ting Resolution authorizing submission of application for funding from the Certified LOCUl Government Grant Program at the Iowa State Historical DeparUnent for a pub- lic information and education program con- ceming historic preservation, presented and reed. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Voctberg. Carried by the following vote: Yeah-Mayor Brady, Council Memhers Duich, Kluesner, Krieg, Nicholson, Pratt. Voetberg. Nays--None, 10 _Regular Session, January 7, 1991 RESOLUTION NO. 8-91 RESOLUTION AUTHORIZING THE FILING OF A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT APPLICATION WITH THE STA'tE HISTORICAL SOCIETY OF IOWA. Whereas, the U.S. Department of the Interior, in cooperation with the National Park Service, has made grant funds availabh m Certified Local Governments (CLGs) to assist in the development and implementation of a variety of htst~ic preservation activities and Whereas, the City of Dubuque, Iowa has obtained status as a Certified Local Govern- went, and as such, is eligible to apply for sa~d grant funds; ami Whereas, the Historic Preservation Com- mission is interested in developing an educational program designed to spark renewed interest in, and knowledge of, local preservation activities; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has dcten~ned that it will enhance the community's awareness of the economic, social and cultural benefits of historic preservation. NOW, THEREFORE, BI] IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the filing of an appli- cation for funding for the development and in~plementadon ora community-wide historic prasorvation educational program through the Ceflifled Local Government Historic Preservation Grant-in-Aid program is approved. Section 2~ That the Mayor be and he is hereby authorized to execute and submit said application to the State Historical Society of Iowa, together with such documents as r~y Passed, approved and adopted this 7th day of January, 1991. James E. Brady Mayor Attest: Karen M. Chestennan Deputy City Clerk Council Member Pratt moved adoption of the Resolution. Secoeded by Couneil Member Ventberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dutch, Klnesner, Krieg, Nicholsoa. Pratt, Voetberg. Nays--None. Communication of City Manager requesting $500 expenditure to defray meeting costs of Nine Largest Cities Mayors' Group, presented and read. Council Member Pratt moved that the communication be received and filed and approved expenditure. Seconded by Council Member Nicholson. Can'ied by the following vote: Yeas--Mayor Brady, Couned Members Deich, Khiesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Communication of Operation: New View requesting names of th~ ~epresentatives, and alternate(s), for their Board, presented and re4ni. Council Member Vnetberg moved that the communication be ~exeived and filed and that the current representatives (W. Kenneth Oearhmt, Don Deich,& Dan Nicbolson) and alternate (Stephani Johnson) be reappointed. Seconded by Council Member Nichoison. Carried by the following vote: Yeas--Mayor Brady, Council Memhea's Deich, Kluesner, Kriog, Nichalson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 9-91 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 scl[ Cigarettes and Cigarette Papers wiflfln said City. Raiubo Oil Co., KWIK STOP FOOD MART, 2320 Hwy 61 Jude Brashaw, My-Cap, Instant Replay, 1602 Central Ave. Passed, approved and adopted this 7th day of January, 1991. Attest: Kmen M. Chestemmn Deputy City Clerk Jan~s E. Brady Mayor Council Member Dnich moved adoption of the Resolution. Seconded by Council Member Nicholson. Carded by the following vote: Yens--Mayor Brady, Council Members Dutch, Kluemer, Krieg, Nicholsoa. Pratt, Voetberg. Nays--None. Regular Session, January 7, 1991 11 RESOLUTION NO. 10-91 Whareas, Appficsfions for Beer Permits have been submitted and filed to this Council for approval and the sane have been exsmined and approved; and Whereas, Applications for Bee~ Permits haw been submitted and ~ed to this Council for approval and the same have been examined and approved; and Wbere~s, the im~mise~ to be occupied by such applicants were inspected and fouM ~ ~ly ~ ~ ~n~ of ~ ~ ~d ~ve ~ ~ ~nds; NOW, THER1/FORE, 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 Penal CLASS "C' BEER PERMIT Iowa Oil Company, IOCO Spucde Shoppe, Sunday Sales, 3200 Central Mole Oil Company, Big "10" Mari, Sunday Sales, 9th & Central Rainbo Oil Company, KWIK Stop Food Mart, Sunday Salas, 2320 Highway 61 Passed, approved and adopted this 7th day of January, 1991. James E. Brady Mayor Attest: Karon M. Chestorman Deputy City Clerk Council Member Dutch moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krlog, Nicholson, Pratt, Vontberg. Nays---None. RESOLUTION NO. 11-91 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Where. as, the premises to be occupied by such applicants were inspected and found to comply with tha State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Sandy Zirkeibach, Kennel Club Sunday Sales, 1097 Jackson St, Roger H. Kunde, Gomers, 1105 University Phillip R. Love, Tho Lounge, Sunday Sales, 481 Locust St. Michael I, Weber, Mike's Ten Pin Tap, Sunday Sales, 601 Rhomberg Ave. Passed, approved and adopted this 7th day of January, 1991. Jan~s E. Brady Mayor Attest: Karen M. Chestermau Deputy City Clerk Council Member Dutch moved adoption of the R~olution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dutch, Kluesner, Kfieg, Nicholson, Pral~, Voctberg. Nays---None. Printed Council Proceedings for the month of March, 1990, presen~l and read. Council Member Voetherg moved that tho precedings be approved as printed. Seconded by Council Member Nicholson. Carried by the following vote: Ye~s--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. MINUTES SUBMIlTED - Ainyor~ Com- mission of 12-11; Cable TV Regulatory Comm. of ]2-12; Elechical Cede Bd. of 12- 17; Handicapped P~kiog Commiuee of 12- 18; Five Flags Comn~ of 11-19; Library Board of 11-29; Long Range Planning Commission of 10-22~ 11-14 & 11-27; Mechanical Bd. of 12-11, presented and reed. Council Member Voctberg moved that the minutes be received and filed. Seconded by Council Member Nicholson. Canied by the following vote: Yens--Mayor Brady, Council Members Dutch, Kluesner, Nicholson, Prat~ Voetbcrli. Nays--None. 12 Regular Session, January_~, 1991 NOTICES OF CLAIMS/SUITS Auomey Romolo N. Russo on behalf of James E. Brady, Loras Kluesner and Michael Pratt - "Potition for Declaratory Judgement and Injunctive Relief' re: Amended & Restated Dubuque Industrial Center Economic Development District Urba~ Renews] Plan; Attorney Thomas W. McKay on behalf of Vincent McFadden, Lualla McFadden, John McFadden and Mary $o McFadden a "Petition in Certiorari"; Eugene Hansan for wife Fay Hanscn in unkonwr amount for vehichi and personal injuries; Sister Diane Rapozo, BVM in amt. of $195.75' for vehicle damages; Attoruey Joseph J. Bitter on behalf of Dwayne J. Otflng in unknown amount for personal injuries; Secura Insurance for their insured D. Roth in amount of $705.04 for vehicle damages; Wandy Jo Paar in unknown amount for vehicle damages; Daniel F. Lucey in amt. of $508.11 for vehicle damages; Order & Notice of Hearing on Disclosure Statement re: Armstrong's Inc. Bankruptcy; Mechanic's Lien by Hamel Parking Lot Service, Inc.; Charlotte A. Krnser hi amt. of $39.20 for personal injury, presented and lead. Council Member Voetberg moved that tho claims and shits be referred to Legal Staff for investigation and report. Seconded by Council Member Nicholson. Carried by the following vote: Yens--Mayor Brady, Council Members Dcich, Kinesuer, Kriag, Nichoison, Pratt, Voetberg. Nays--None. REFUNDS REQUESTED - Eugene A. Otting dba The Dip Tap for $422.50 for unexpired Liquor License; Donna Hentrick dba Paradise Lounge in amt. of $211.25 for unexpired Liquor License; Perlewitz Inc. dba Oky Dokry #ll in amt. of $56.25 for uuex- pired Class "BC" Beer Permit; Nitas of the Square Table in amt. of $150 for unexpiled Class "B" Beer Permit, presented and read. Council Member Vcetherg moved that the refunds be approved and Finance Director to issue the proper checks. Seconded by Council Member Nichoison. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Ninhohon, PraU, Voetberg. Nays--None. Communication of Corporation Counsel recommending scttlero~nt of car damage claim of Tarnmi Gantenbein in the amount of $99.52 and car damage claim of Karan Osterberger in the amount of $173.65, presented and read. Council Member Vcetberg moved that the settlements be approved and Finance Director to issue the proper checks. Seconded by Council Member Nichoison. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kdeg, Nicholson, Pratt, Vcetberg. Nays---None. Communication of Corporation Counsel recommending denial of car damage claim of Rita Bualow; recommending referral of car damage claim of Lynda Schui~ to Horsficld Construction Co.; recommending following referrals to AIexsis, Inc., the agent for Iowa Community Assurance Pool: personal injury claim of Louis Green, personal injury claim of Julie A. Davis, personal injnsy claim of John Plcin, alleged violation of civil fights of Joseph E. Bnssan, personal injury claim of Criscilla Whiting, personal injury claim of Phillip L Flynn, personal injury claim of Matt. ha Farber, personal injury claim of Erika M. Sun, presented and read. Council Member Voetberg moved that the commtm- ication be received and filed and dispositions approved. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Duich, Kluesner, Kriag, Nicholson, Pratt, Ventberg. Nays---None. Communication of Dubuque Area Labor- Management Council requesting $20,000 in the 1992 Budget deliberations, presentcd and read. Council Member Voetberg moved that the communication be received and filed and refen'ed to the Budget process. Seconded by Council Member Nichoison, Canled by the following vote: Yeas--Mayor Brady, Coun- cil Members Duich, Khiesner, Kring, Nicholsou, Pratt, Vcethcrg. Nays--None. Communication of Civil Service Commis- sion stating regret for expenditure of City's funds for District Court action, presented and reed. Council Member Vontberg moved that the conunuhicailon be ~.eived and filed. Seconded by Council Member Nicholson. Canled by the following vote: Yeas--Mayor Brady, Co~ncil Members Dcieh, Kluesner, Kfieg, Niche]son, Pratt, Voctberg. Nays--None. Communication of City Manager submit- ling Resolutions providing for the acceptance of the consu-ueilon contract for the 1989 Concrete Paving Project, presented and reed. Council Member Vontberg moved that the communication be re. cuived and filed. Seconded by Council Member Nicholson. Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kinesner, Kfing, Nicholson, Pratt, Voetherg. Nays--None. Regular Session, January 7, 1991 13 RESOLUTION NO. 12-91 ACCEPTING IMPROVEMENT Whereas, the contrsct for the 1989 P.C. Concrete Paving Project has been completed and the City Manager has examined the work and filed his centificata stating that the same has been comple~xl according ~, the terms of the contract, plans and specifica- tions and recommends its acceptance, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said imlm:Wemont be and the sarc~ is hereby accepted. BE IT FURTHER RESOLVED that the City Treasm'er be and he is hereby directed to pay to the contractor from the Sales Tax Fund, the Water Construction Fund, and General Obligation Bonds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adepwA this 7th day of January, 1991. James E. Brady Mayor Attest: Ka~n M. Cbestenmn Deputy City Clerk Council Member Voetberg moved edop~ lion of the Resoluilon. Seconded by Council Member Niehol~on. Carried by tho following vote: Yeas--Mayor Brady. Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Vontberg. Nays--None. RESOLUTION NO. 13-91 FINAL ESTIMATE Whereas, the contract fc~ the 1989 P.C. Concrete Paving Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the oust of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $1,951~595.24 and the said amount shall be paid from the Sales Tax Fund, the Water Construction Fund, and General Obligation Bonds of the City of Dubuque, Iowa. Seetlou 2. That thc $301,279.65 of the cost thereof shall be assessable upon private propexty and $1,650,315.59 shall be paid from the Sales Tax Fund, thc Water Con- stru~tion Fund, and General Obligation Boud~. Passed, approved and adopted this 7th day of January, 1991. Jarues E. Brady Mayor Attest: Kamen M. Chesterman Deputy City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nichoison. Carded by the following vote: Yeas--Mayor Brady, Council Members Dcich. Klucsner, Kfiag, Nicholson, Pratt, Voetbe~g, Nays--None. RESOLUTION NO. 14-91 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCI-IEDULE FOR 1989 P.C. CONCRETE PAVING PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFI- CALLY THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the 1989 P.C. Concrete Paving Project under contract with Horsfiald Construction of Epworth, Iowa, which f/ual plat and schedule were filed in the office of the City Clerk on the 12th day of December, 1990, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in 14 Regular Sssslon, January 7, 1991 said final achedul© of assessments as dcllcicnules a~ found to be p~per and lnviad couditioanlly egalnst the ~cspecgvc properties benefitted b~ shown in thc schedule, subject W thc pro- visions of Section 384.63, Cede of Iowa. Said Assessments against said lots are hereby declared to bo in proportion to the special b~neflts cooferfad and not in excess of twenty-~ive pel~nt of the va]ne of san~. Assnssrr~nts of $50.00 or more are pay- able in 10 equal ann~ installments, with interest on the unpaid balance, all as provided~In Section 384.65, City Codn of Co~ditie~al dzfiulency assessments, if any, may bo levied against the applicable property for the san~ pered of years as the anse~sments are made payable, Assessrcents may be paid in full or in pan without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publlcatiou of this notice of the filing of the fmul plat and schedule of nssessmants with tho County Treasu~r. Un]nss said assessmants ar~ paid in full within said tirrty day pared all unfed assessments will draw annual intent com- puled at 10% (commencing on tho date of acceptance of tho work) computed to the December 1st next following the due dates of the respective installments. Each install- ment will be delinquent on September 30th following its due date on .July 1st in each year. Property owners may aiect to pay any annual installment semiannually in advance. That the City Clerk bo and is hereby directed to certify said achadule to the County Treasurer of Dubeqan County, Iowa, and to publish notice of said certification once each week for two consecetive weeks in th~ wamner provided in Section 362.3, the first publication of which shall bo not more than fifteen days from the date of filing of the final achadule. The City Clerk shall also send by cettified ~ to property owners whose property is subject to assessment a copy of said notice, and mailing to bo on or before the date of the second pubilcation of the notice, all as provided and dLrected by Section 384.60 of the Cede of Iowz. Pnssad, approved and adopted this 7th day of lanuary, 1991. Jarans E. Brady Mayor Kamn M. Cbesterman Deputy City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nichoisou. Can'ied by the following vote: Yeas--Mayor Brady, Counull Members Dcich, Ktunsner. Krleg, Nicholsou, Pratt, Voetborg. Nays---None. Communication of City Manager recom- mending Acceptance of Parking Lot Improvements - Ice Harbor Development Pro~ect, presented and read. Council Member Voetberg moved that the commuhicafion be received and filed. Seconded by Couacfl Member Nicholson, Carried by the following vote: Ye~s--Mayor Brady, Council Members Deich, Kluesner, Kfiag, Niehoison, Pratt, Voetberg. Nays~--None. RESOLUTION NO. 15-91 ACCEPTING IMPROVEMENT Wborcas, thc contract for thc Ice Harbor Pa~king Lot lmpeovements has been corn- ;and miscellaneous work and the City Manager has examined the work and filed his certi- ficate stating that the same has been com- phited aceerding to the terms of the contract, plans and specifications and recommends its acceptance; and Whereas, a supplemental conffact for $26,837.83 will be executed for balance Of wo~ specified under the contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager bo approved and that said xmprovement be and the same is hereby accepted. Section 2. That the City Manager bo authorized to execute a supplemental contract with Tachiggfrie Consffuction Company for the balance of the work under the contract for $26,837.83. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the conffactor from Tax Increment Revenue Bonds and Sales Tax Funds in the amount equal to the amount of his contract, less any retained pereantage provided for therein. Passed, appeoved and adopted this 7th day of January, 1991. James E. Brady Mayor Regular Session, January 7, 1991 15 , Ka~cn M. Chnsterman i Depaty City Clerk Council Member Voetberg moved adop- of thc Resolution. Seconded by Council Member Nicholaco. Carried by the following vote: yea~-M~yor Brady, Council Membo~ Ddich, Kluesunr, Kdeg, Nichoison, Pratt, V0atbor~. Nays--Noun. RF~OLUTION 16-91 FINAL ESTIMATE Wholes, the contract for the Ice Harbor pm~ing Lot Improvements has been coro- t with the exception of landscaping and work and thn Pubilu Winks Di~ctor has submitted his e~timate for the ~le~d week showing the cost thereof uludi~-g the cost of estimates, notices, and inspection and ail miscellaneous costs: NOW, THERUPORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secfion 1, That the cost of said ~mprOvemants is hereby detonninad to be $1,227,437.36 and the said amount shall bo from Tax Increment Revenue Bonds and Sales Tax Funds of the City of Iowa. Passed. appwvod and adopted this 7th day of January, 1991. James E. Brady Mayor Attest: Karen M. Chnsternmn Deputy City Clerk Council Member Voctbe~g moved adop- tion of the Resolution. Seconded by Council Member Nicholecn. Canled by the following vote: Yens--Mayor Brady, Council Members l~ich, Khnsunr, Krleg, Nichoisou, Pratt, Vo~tborg~ Nays~-Noue. Communication of City Manager racom- m~nding acceptance of construedon of the Fairway Inigafion System lh~ject at the Banker Hill Golf Coursn, presented and mad. Council Member Vo~tberg moved that the communication bo ~.ec~ivad and filed. Seconded by Council Member Nichoisou. Canied by the following vote: Yeas--Mayer Brady, Council Membors Daieh, Kluesner, Kricg, Nieholson, Pratt, Voetberg. Nays--None. RESOLUTION 17-91 ACCEPTING IMPROVEMENT Whereas, the contract for the Fairway Brl- gafion System has been completed and the~ City Manager has examined the work and filed his certificate stating that the same has been completed according to tbo ~zms of the couffaat, plans and specifications and recomn~nds its acceptance. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the recommendation of the City Manager be approved and that said improvement be and the san~ is hereby accepted. BE IT FURTHER RESOLVED that the City T~asurer be and he is hereby directed to pay to the conffactor from the General Fund in the amount of $108,255, less any retained parcentage provided for therein. Passed, approved and adopted this 7th day of January, 1991. James E.. Brady Mayor Karen M. Chcstern~n Deputy City Clerk Council Member Voetberg moved adop~ llon of the Resolution. Seconded by Council Member Nichoison. Cawied by the following vote: Yeas--Mayor Brady, Coundl Members Deich, K[uesner, Kfieg, Nichoison, Pratt, Voetborg. Nays--None. RESOLUTION NO. 18-91 FINAL ESTIMATE Where,, the contract for tho Fairway Irrigation System has been completed and the staff has submitted the final estimate showing the cost thereof in0inding the cost of estimates, notices and inspection and ail BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secfion 1. That the cost of said improvement is hereby determined to bo $108,255 and thc said amount shall be paid from the General Fund of the City of Dubuque, Iowa. 18 Regular Session, CITY OF DUBUQUE BOARD OF HEALTH QUARTERLY MEETING Regular Quarterly Meeting, January 21, 1991. Board met at 7:31 p.nt, Public Library Auditorium. Pres6ht: Chairperson Brady, Board Members Kluesner, Krleg, Nichulson, Pra~ Voetherg. Absent: Board Member Doich. Board Cbahporson Brady read the call and stated this is the Regdiar Quarterly Meeting of the Boaxd of the Health called for the purpose to act upon such business which may properly come before the Bo~rd. There was no business to come before the Board at this time. Board Member Voetherg moved to ad- jottm the meeting at 7:32 p.m. Seconded by Board Member Kluesner. Carried by the following vote: Ycas--Cbalrperann Brady, Board Members Kluesner, Kfieg, Nicholson, Pratt, Voetberg. Nays--None. Absent--Board Member Dcich. Mary A. Davis Secretary, Board of Health Approved ~, 1991. !1, 1991 Board Members Attest: Regular Session, Januar~ 21, 1991 19 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Ragular Session, January 21, 1991. Council met at 7:33 p.m., Public Library Auditmlurm Pr~annt: Mayor Brady, Council Members Klunsne~, Krleg, Nichulson, Pratt, Voetberg, City Manager W. Kenneth Oeathatt, Corpor- attun Counsel Baby A. LindaM. Absent: Council Member Deich. Mayor Brady read the call and stated this is the Regular Session of the City Council called for thc purpose to act upon such business which may properly como before the Coundl, InvOCation was ReV. Canon Franklin J. Klohn, Rector of St. John's Episcopal Church. Council Member Klucsner moved that the rules be suspended to allow anyone present to addrces the Council if they m desire. Seconded by Council Member Nicholson. Ca.tad by thc following vote: Yan~--Mayor Brady, Conncil momber~ Klunsner, Krleg, Nicholson, Pratt, Vunthe~g. Nays--None. Absent--Cooncil Member Deich. Proof of Publication certified to by the Publisher on Notice of Public Hearing to comider entering into an Agreement with Dubaqun County for lease of Tower Space on the Eagle Point WaU~r Towc~ for radio equlpmont aesociated with the Egll Corn~ munication Network. (tabled from meeting of 1-7-91). p~scntad and read. Council Member Klunmcr moved that the proof be xec~ivad and iliad and tim terms and conditions of agreement be approved subject to final approval of ow consulmnL Seconded by Council Member Nicholson. Canied by the following vote: Yeas--Mayor Brady. Council Members Kluesner, Kricg, Nicholson, Pratt, Voetberg. Nays--Nom. Absent--Council Member Deich. Proof of Publication certified to by thc Publisher on Notice of Public Heating to consider an Ordinance Froviding that thc method of calculating Side and Rear Yard Setback for accessory uses be aitered, pre- sontcd and read. 'Them were no objections reculyed and no oral objectors present at tho time of the Hearing. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesunr, Krieg, Nicholson, Pratt, Vcetberg. Nays--None. Absent~ouncil Member Dcich. An Ordinance Amending the Code of Ordinances by repealing present Section 4- 1.3 and adding thereto a new Section 4-1.3 providing that the method of calculating Side and Rear Yard Setback for accessory uses be altered, said Ordinance having been pre- sented and re~xl at the Council Me~fing of January 7, 1991 presented for final action. Council Member Pratt moved final adol~ tion of the Ordinance. Seconded by Council Membex Kluesunr, Caroled by the following vote: yeas--Mayor Brady, Council Members Kluesner, Kdeg, Nicholson, Pratt, Voetberg. Nays--None. Ab~ent--Conncil Member Ddich. (OFFICIAL PUBLICATION) ORDINANCE NO. 3-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA BY REPEALING TtIE PRESENT SECTION 4-1.3 AND ADDING TItERETO A NEW SEC- TION 4-1.3 PROVIDING THAT THE METHOD OF CALCULATING SIDE AND REAR YARD SETBACK FOR ACCESSORY USES BE ALTERED. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A of thc Zoning O~dinatme of thc City of Dubuque, Iowa is hereby amended by mpeuling thc pre~ent Section 4-1.3 and adding thereto the follow- ing new Section 4-1.3: NEW Section 4-1.3. Side and rear setback for detached accessory buildings, stmcteres and uses within residential districts. Side yard setbacks for all permitted accesso~ buildings, stmcturns or nscs shall be the Regular Session, January 21, 1991 same as required for thc principal permitted use in the Balk Rngalations section of the specific zoalng distrlcC Rear yard setbacks for all permitted aecasscl'y buildings, strue- usrez o~ uses shall be six (6) feet for ail zoning dislficts. Section 2. This ordinance shah take effect immediately upon publication. Passed, approved and adopted this 21st day of January, 1991. James E. Brady Mayor Attest: ~. Mary A. Davis City Clerk Published officinlly in the Telegraph Herald this 2Sth day of Sanuary, 1991. Mary A. Davis City Clerk It 1/25 Proof of Publication certified to by the Publisher on Notice of Public Hearing ua consider an Ordinance providing new office district mgalmions; Communication of Attorney Dave Clewens requesting Council consider changes in paragraph "D": Com- monication of Chad Leitch, Chairperson Zoning Board of Adjustment, expressing concerns that the group day care section should not include a reference to hazardous matmiais storage; Communication of Donald Feldman requesting Council to approve this proposed Ordinance; Communication of City Manager recommending adoption of an ordi- nance on proposed text amendments for the revised OS Office Service District to be effective immediately upon publication and the OR Office Residential Disuict to be effective Mm~h 20, 1991, and an Ordinance Amending Code of Ordinances by repealing Section 3-2.1, relating ua the OR Office Residenliai District and adopting in lieu thereof a new Section 3-2.1, establishing an OR Office Residential Dis~ct; and by repealing Section 3-2.2, relating ua the OS Office Service Dis~ct and adopting in lieu thereof a new Section 3-2.2 establishing an OS Office Service District, presented and read. Attorney Dave Clemens representing Dr. Kevin Kaan spoke ua the proposed Ordi- nance Amendment. Atdp'ney Paala Steniuad on behalf of thc Cable Car Square Assn. requested postpone- menL Council Member Pratt moved that this mauer be tabled with instructions ua create an OS (2) Dis~ct. Seconded by Council Member Nicholson. Carried by the following vo~e: Yeas--Mayor Brady, Council Members Klunsner, Krieg, Nicholson, Pratt, Voetherg. Nays--None. Absent---Council Member Deich. Proof of Publication certified ua by the Publisher on Notice of Meeting of the Coun- cil on the matter of the proposed anthori- zation of a Contract for Loan Guarantee Assistance under Section 108 of the Housing and Community Development Act of 1974, ns amended, in the amount of $1,000,000 by the City of Dubuque and the hearing on the authorization thereof, presented and read. Council Member Pratt moved that the proof be received and filed and deferred the public heating to m~ting of February 4, 1991. Seconded by Coundl Member Kluesner. Can/ed by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krlng, Nicbolson, Pratt, Voetberg. Nays--None. Absen£---Coundl Member Dcich. RESOLUTION NO. 20-91 DEFERRING ACTION FOR APPROVAL AND AUTHORIZING A FORM OF CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, IN THE AMOUNT OF $1,000,000 AND RELATED DOCUMENTS BY THE CITY OF DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Dubuque City Council defers action authorizing and approving of a form of Con~act for Loan Guarantee Assistance under Section 108 of die Hcosing and Com- muaity Development Act of 1974, as amended, in the amount of $1,000,000 and related documents by the City of Dubuque, Iowa ua the Council meeting to be held at 7:30 o'clock p.m. on the 4th day of February, 1991, at the Public IAbrary Auditorium. Passed, approved and adopled this 21st day of January, 1991. Sarnes E. Brady- Mayor Regular Session, January 21, 1991 21 Attest: Ms~T A. Davis City Clerk Council Member Pratt moved adoption of die Resolution. Seconded by Council Mambo' Kinesner. Canlad by the following ~,ote: Yeas--Mayor Brady, Council Members Kinesner, Krlng, Nicholson, Pratt, Voetberg. Nays--None. A~ent---Conncil Member Deich. Proof of Publication certified ua by the Publisher on Notice of Heroine on Plans and Specifications for thc Reha~litation of the proposed Washroom/Locker Room/Break Room at the Keyliue ~ransit Facility, presented and read. There we~ no wilton objections received and no oral objectors i~.sont at the time of the Hcesing. Council Member Vontherg nsovad that the proof of publication be received and filed. Seconded by Council Member Nichalson. Carried by the following vote: Ye~s--Mayor Bredy, Council Members Kluesner, Ksing, Nicholson, Pratt, Vuetberg. Nays--None. Absent--Council Member De'ich. RESOLUTION NO. 21-91 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 12th day of December, 1990, plans, specifications, form of contract and e~timeted cost were filed with the City Clerk of Dubuque, Iowa for the Rehabll- ilation of the Washroom/Locker Room/Brcek Room at the Keyline Transit Fecility. Whereas, notice of heming co plans, specifications, form of contract, and estimated cost was published as ~uqalred by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hmeby approved as the plans, specifications, form of contract and esfirrmted cost for said improve- merits for said project. Passed, approved and adopted this 21st day of Sanuary, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Meml~x Voetberg moved adop- tion of the Resolution. Secondad by Council Member Nieholson. Carried by the following vo~: Yeas---Mayor Brady, Council Members Kinnsner, Kfing, Nichctson, Pratt, Voetherg. Nays--None. Absent---Council Membe~ Dalch. Proof of Publicalion certified ua by the Publisher on Notice ua Bidders of the Receipt of Bids for the project and Commun- ication of City Manager recommending to award contract for project to Strub Con- struction Company, presented and read. Council Member Voctberg moved that the proof of publication and communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yens--Mayor Brady, Council Members Kluesner, Kfieg, Nichotson, Pratt, Vectberg. Nays--None. Absent---Council Member Deich. RESOLUTION NO. 22-91 AWARDING CONTRACT Whereas, sealed proposals have been submitted by cont~ctors fo~ the Rehabil- itmion of the Wnsbroom/Locker Room/Break Room of the Keyline Transit Facility p~x- suant to Resolution No. 483-90 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on December 21, 1990. Wberem, said sealed proposals were opened and msd on the 8di day of January, 1991 and it has been determined that the bid of S~mb Construction Company of Dubuque, Iowa in the amount of $40,357.00 was thc lowest bid for the furnishings of aH labor and materials and performing the work as provided for in the plans and specifications. NOW, THERF~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for thc above improve- ment be awarded to Strub Construction Com- pany and the Manager be and is hereby directed to execute a contract on bchaif of thc City of Dubuque for the complete perfor- mance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, thc City Treasurer is author/zed and instructed to return thc hid deposits of thc unsucccssfal bidders. 22 Regular Session, January 21, 1991 Pu~sed, approved and adopted this 21st day of Janmuy, 1991. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- llon of th~ Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Klunsner, Kring, Nicholson, Pratt, Voetberg. Nays--None. Absent---Coundl Member Deich, " Commanieation of Zoning Commission recommeeding approval of text amendment to Zoning Ordinance dealing with the build- ability of noneouforming lots, premnted and read. Council Member Voetberg moved that the commuuicafion be received and tried. Seconded by Council Member Nieholson. Cartind by the fofiowing vote: Yeas--Mayor Brady, Council Members Khiesner, Kfing, Nichol~on, Pratt, Vcetberg. Nays--None. Absent---Council Member Deinh. An O~dinance amending Code of Ordi- nances by repealing the present Section 4- 6.2(A) and adding thereto a new Section 4- 6.2(A) providing that tl~ buildability of nonconfortuing lots be altered, presented and read. Coundl Member Voetberg moved that this be considered the first rea~ng of the Ordinance, and that thc requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and fmther moved that a Public Heating be held on the Proposed Ordinance on the 4th day of Pubruary, 1991 at 7:30 p,m. in thc Public Librazy Aadi- toriuns and that the City Clerk publish notice in thc manner prescribed by law. Seconded by Council Member Nicholson. Carried by the following vote: Yess--Mayor Brady, Council Members Kluesner, Kring, Nieholson, Pratt, Voetberg. Nays--None. Absent--Conncfi Mcnsber Deich. Communication of Zoning Commission advising of thalr approval to rezone property located on Hacienda Drive near Asbury Reed irons R-3 to R-1 reciassification, pre- sonted and Icad. Council Member Veetborg moved that the cormnunicafion be received and filed. Seconded by Council Member Pratt. Carded by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kring, Nichuison, Pratt, Voetberg. Nays---None. Absent--Council Member Dcich. An Ordinance Amending Zoning Ordi- nance by reclassifying Lots 1-4 of Buena Visa Subdivision #4 and Lots 2-5 of Buena Vista SuMivision #6 from R-3 Moderato Density Multifamily Residential District to R-1 Single-Family Residential District, presented and read. Counuil Member V~etherg moved that th~ be considered the first ~e~ding of thc Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for pansage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Heating be held on tho Propo/led Ordinance on the 4th day of February, 1991 at 7:30 p.ro. in the Public Library Auditorium and that the City Ciork publish notice in the manner prescribed by law. Seconded by Councli Member Prate Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Pratt, Vcetberg. Nays--None. Absent---Counuil Member Deich. Communication of City Manager advising of a request to reconsider conditional rezoning of propezty of 1724 Lincoln Avenue received from the ptx~0erty owner, Holy Trinity Church, and the developer, Euchre Inves~neats and recommending to set the matter for public heating for Feb-usry 4, 1991, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Voetberg. Can/ed by the following vote: Yeas---Mayor Brady, Council Members Klnesne~, Kring, Nicholson, Pratt, Voetberg. Nays--None. Absent--Council Member Duich, Mayor Brady moved that they reconsider the previous motion for the Holy Triuity property at 1724 Lincoln Ave. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Court- cji Members Kluesne~, Kaieg, Nicholson, Pratt, Voetberg. Nays--None. Absent---Council Member Deich. An Ordinance Amending Zoning Ord- nance by reciassifying property at 1724 Lincoln Ave. from R-2 Alternate Two- Fan/ly Residential District to R4 Muiti- Fan/ly Residential District with conditions, presented and read. Council Member Pratt moved that this Ordinance be set for Public Hearing on Fcbnmry 4, 1991 at 7:30 p.m. in the Public Library Auditorium. Seconded by Council Member Voetberg. Can/ed by the foliowing vote: Yeas--Mayor Brady, Coun- cil Members Kluesner, Kring, Nicholson, Pratt, Voetberg. Nays--None. Absent--Council Member Deich. Regular Session, January 21, 1991 23 ~OARDS AND COMMISSIONS: 1 3-Ye~ tann which will expire 1-11-94 (Term of T. Swift). AP1/icenta: Thomas G. swift, 1845 Old Mill Road. Council Member KlneSne~ mOved that Mr. Swift be reap- the Housing Code Advisory and ~ Board fer a thee ye.~ term which will exphe January 11, 1994. Seconded by Council Member Nicholson. Cnnied by the following vote: Yeas--Mayor Brady, Corm- cfi Members Klnesne~, Kdng, Nicholson, pratt, Voetberg. Nays--None. Absant---Conncfi Member Duich. Com ?. on ~ 3 3-Year teons which wifi expire I-1-94 (Tc~ns of D, Miller, B. Hnge~, R. Robbins). Applicents: Brenda Hnger, 331 W. 4th St., #204; William Kohls, 610 Copper Pl. #204; Don Miller, 1090 W. 3rd St.; Roger Powers, Ir.~ 1840 Halo St.; Rebecca Robblns, 1260 Wood St. Brenda Hnger and William Kohls spoke requesting appointment. Vote on tho agpoinUaonta we~ as follows: Mayor Brady voted for Hnger, Miller and Robhins. Council Member Dcich--Absent. Council Member Kluesner voted for Hnger, Miller, Robbins. Council Member Kring voted for Hnger, Miller and Robbins. Council Member Nicholson voted for Hnge~, Kohls, Robbins. Council Member Pratt voted for Hnger, Kohls and Miller. Council Member Vnetberg voted for Kohls, Miller and Robbins. Therefore, Brenda Hnger, Don Miller and Becky Robbins reappointed to three year tertra which will expire January 1, 1994. Communication of City Manager ~lneat- lng Council authorization te enter into a three year ngre~mont with the U.S, Postal Service for rental of 55 reserve parking spaces in the Iowa Street ramp at the cunent rate of $40.00 per stall per mOnth, presenteA and read. Council Member Pratt moved that the communication be ~ceivad and filed. Seconded by Council Memb~ Nicholsen. Canied by the following vote: Yeas--Mayor Brady, Council Membe~ Kluesner, Krin8, Nicholson, Pratt, Voetberg. Nays--None. Absent---Council Member Duich. RESOLUTION NO. 24-91 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE YEAR AGREE- MENT WITH THE U.S. POSTAL SERVICE FOR RESERVE PARKING STALLS IN THE IOWA STREET PARK]NO RAMP Whereas, the City of Dubuque, Iowa, has 55 respa'ye peddng spaces available in the Iowa Street parking ran~ at a rate of $40.00 per month per stall; and Whereas, the U.S. Postal Service desires to rent under a three year contract 55 rnserve pafldng stalls in the Iowa Street ramp at the $40.00 per month per stail rate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is hereby authorized and directed to enter into the attached agreement with the U.S. Postal Service for thc rental of 55 reserve parking spaces in the Iowa Stxeet pa~king ramp at a rate of $40.00 per month per stall for a period of three years, effective Janumy 1, 1991. Puased, approved and adopted this 21st day of January, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of thc Resolution. Seconded by Council Member Nicbelson. Can/ed by the following vote: Yeas--Mnyor Brady, Council Members Kluesner, Kfing, Nicholson, Pratt, Voetberg. Nays---None. Absent~ouncfi Member Duich. Communication of City Manager request- ing authorization to spend up to $7,500 in cable franchise ferns to enable the City to join with ceflain other cities in filing iuitiai and reply comments in the current Federal Com- muuications Comn/ssion Rulemaking to set new standards defining "Effective Competi- tion" to cable television systems, presented and zead. Council Member Voetberg moved that the communication be recdived and filed and approved request. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Klnesner, Kring, Nicholson, Pratt, Voetberg. Nays--None. Absent--Council Member Deich~ Communication of City Manager request- ing approval of a contract with the Iowa Depmln~nt of Public Health for funding of local AIDS programs, presented and read. Council Member Voetherg moved that the convnunication be received and filed. Seconded by Cou~il Member Pratt. Canled by the following vote: Yeas---Mayor Brady, 24 Regular Session, Janumy 21, 1991 Council Members Klucsuer, Ksieg, Nicholson, Pratt, Voetherg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 25-91 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A CONTRACT WITH TI~ IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUNDING A LOCAL AIDS COALITION PROGRAM. Whereas,' the Iowa Department of Public Health has offexnd to provide finuecial support for local AIDS Progratm in the City of Dubuque; and Whereas, the City of Dubuque desi~s to establish and maintain such lueal AIDS Programs; and Whereas, the lowa Deparm~nt of Public Health has presented the City Health Services Division a proposed contract for funding, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City of Dubuque, Iowa, hereby approves the attached AIDS coalili~.~ contract between the Iowa Depamnent of Public Health and tbe City of Dubuque, lows. Seetlon 2. That the City Manager or his designee is hereby anthorized sad d~.~tnd to execute said contracts ~m behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of January, 1991. James E Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yees---Mayor Brady, Council Members Kluesner, Kfieg, Nicholson, Pratt, Voctberg. Nays--None. Absent---Council Member Dnich. Communication of City Man~ger ~..quest- icg Council refer the Ordinance establishing a review and approval process for applica= tiona for tho demolition of housing units to him for further review and a recommendation, presented and re~. Council Member Pratt moved that the communication be mccivnd and filed and referred to the City Manage~. Seconded by Council Member Nicholson. Canted by the following vote: Yeas---Mayor Brady, Council Members Kluesner, Kfieg, Nicholson, Pratt, Vcotberg. Nays--None. Absent---Council Member Deich. RESOLUTION NO. 26-91 Whereas, Appiications for Beer Permits have been submitmd and filed to this Council for approval and the sarm have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and round to comply with t~ 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 and be issued to the following named appli- cants a Beer Permit. CLASS "B" BEER PERMIT Ool/nvanx, Inc., Pizza Hut, Sunday Sales, 2073 LF.K. CLASS "C" BEER PERMIT Loren Emil Ziblke, Milk House, Sunday Sales, 2311 Windsor Ave. George E. Waddall, Jr., Iowa Potatoe & Produce, Sunday Sales, 198 Locust St. Passed, approved and adopted this 21st day of January, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Klunsuer moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Canind by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Absent--Council Member Dnich. RESOLUTION NO. 27-91 Whereas, applications for Liquor Licenses have been submitted to this Council for Regular Session, danumy 21, 1991 approval and the same have been exsm/ued and approved; and Whereas, thc l~mises to be occupied by such applicants were inspected and found to comply with the Stale Law and all City O~dinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Inns of Iowa, Lt., Be~t Westom Dubuque Inn, Sunday Sales, 3434 Dodge Passed, approved and adopted this 21st day of January, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Canted by tl~ following vote: Yeas--Mayor Bredy, Council Members Kluesanr, Faieg, Nicholson+ Pratt, Vcetherg, Nays--None. Absent---Counsil Member Dnich. MINUTES SUBMI'ITED: Cable TV Regulatory Commission of 1-9; Cable Community Taleprogramming Commission of 1-8; Historic Preservation Commission of 12-19; Library Board of Trustees of 12-20; Park and Recreation Commission of 12-11; Plumbing Board of 12-18; Transit Trnst~ Board of 11-8; presented and ~ead. Council Membo' Vuetherg moved that the minutes be recnived and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members, Kluesanr, Kring, Nicholson, Pratt, Voetberg. Nays--None. Absent--Coancil Member Dcich. NOTICES OF CLAIMS/SHITS: Jawes Blndgett in unknown amount for personal injuries; James & Lois Conzett in unknown amount for property damages; Henry & Patfinia Gerhard in amount of $77.70 for property damages; Darlene Hogan in unknown amount for property dan~ges; Daniel Kicier in amount of $646.58 for vehicle damages; Tommin Krinr in unknown .amount for vehicle damages; Kenneth Mills mn ullknown amount for peraonal injuries; Dolo~s Petrakis, in unknown amount for personal injuries; Arthur Potzer in amount of $217.04 for vehicle damages; Dolores Marie Reynolds in amount of $350.44 for vchiele damages; Gregory A. Willging, in unknown ma~ount for vehicle damages; Vickie Runde in unknown amount for vehicle damages, presented and ~ead. Council Membe~ Voetberg moved that the daiw~ and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Nicholson. Carried by the foHowlng vote: Yeas--Mayor Brady, Council Members Kluesner, Faing, Nicholson, Pratt, Voetberg. Nays-~None. Absent-Council Member Dnich. Communication of City Manager request- ing authorization to submit four delinquent sewer accounts to the Dubuque County Treasmer to establish real property liens for coilectlon of past due accounts, presented and rend. Council Member Voetber~ moved that the communicnllon be received and filed. Seconded by Council Member Nicholson. Can'ind by the following vote: Ye~s--Mayor Brady, Council Members Khiesner, Krieg, Nicholson, Pratt, Voetherg. Nays--None. Absent---Council Member Deich. RESOLUTION NO. 28-91 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT SEWER ACCOUNTS IN ACCOR- DANCE WITH SECTIONS 44-83 AND 44-86 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA: Where~s, 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 ~ estate and buildings that are connected directly or indirectly with thc sanitary sewer system; and Whereas, Section 44-86 of the Code of Ordinances provides that the City shall have a lien upon the ~ property served by the sanitary sewer system for sil delinquent rates and charges; and Whereas, delinquent sewer charges shall be certified as of December 31st of each year by the City Clerk to the Dubuque County Treasurer for coHeefion with, and in the same manner as, general property taxes. NOW, TI~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons hereinafter 26 Regular Session, January 21, 1991 named, owning the following described pro- perry, have unpaid sewer charges in tho amount set out and that said charges are delinquent. Prot~ay Name and Address Description Atmut Randy L. Nesteby W 110' ore $131D7 2025 Jansen St~et 330' of E 380' of the E 430' of Lot 4 of Subdivision Donaid'Klinkhammer Lots 511 and $191:54 3865 Inwood Avenue 512 of North Dubuque Addition Tow/Hackharth Lot 2-1 $139.88 1951 West 32nd Sc Mozona Farm C. Maxine Hoag Lots 12, 13, g109.09 701 Peru Road and 14 of Maple Leaf Addition #2 Section 2. That the City Clerk ha and is hamby ordered and dh-~c~d to certify to the County Treasurer of Dubuque County, Iowa, that the persons named he.in are delinquent in the payment of sower charges in the amounts set forth above and that said delinquent sewer chaxges shall ha coilected in the same manner as general property taxes against the respective parcels of property set opposite the name of the pro~y owner. Section 3. That the delinquent sewer charges shall bo collected with, and in the same manner as, general property taxes as provided by law. Passed, approved and adopted this 21st day of Sanuaty, 1991. James E. Brady M~ Attest: Mary A. Davis City Clerk Council Member Vcetberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nicholson, PraR, Voetberg. Nays--None. Absent---Council Member Ddich. Communication of City Manager request- ing authorization to submit ten delinquent galbage ~tnd refuse collection accounts to thc Dubuque County Treasurer in order to estab- lish real property liens on past due accounts, presented and read. Seconded by Couunil Member Nicholson. Carried by the foRowing vote: Yeas--Mayor Brady, Council Members Kluesn~r, Krieg, Nicholson, Pratt, Vcetharg. Nays--None. Absent-~Couneel Member Deech. RESOLUTION NO. 29-91 RESOLUTION AUTtiORIZING THE CITY TO COLLECT DELINQUENT GARBAGE AND REgUSE COLLEC- TION ACCOUNTS IN ACCOR- DANCE 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 fiom residential premises, as defined in the Code of Ordinances of the City of Dubuque, Iowa is mandatory; and Whereas, os of December 31st of each year, delinquent garbage and refuse collec- tion charges shall be certified by the City Clerk to the Dubuque County Treasmer for collection with, and in the same manner as, general property taxes. NOW, TtlEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the persons named here- inafter, owning the property thereby set forth, are delinquent in the payment of refuse collection charges in tho amount set aside of the name. Property Nan~ and Address Description Amant Randy Nesteby W 110' of $47.68 2025 Janson Sheet 330' of E 380' of thc E 430' Lot 4 of Ban'y's Sub Donald Klinkhamro~r Lots 511 and $67.29 3865 lnwood Avenue 512 of North Dubuque Addition Larry Hurst Lot 2-2-3, $81A1 3960 Oneida Street Lot 1-2 of 1-1-3 of No~h 112 of SE 114 of NW 1/4 Sec 12 T 89 N-R2 East Margaret MueBer Lot 2-1-1 S $52.11 855 Salem Street 1/'2 NE 1/4 N/W 1/4 See 12- P89N-R2E Regular Session, January 21, 1991 27 , Bernhard Lot 4 $46_38 1100 Roosevelt Weesinger Six,et Sub Alvin D. LeGrand Lot 1-1-1-6 $38.65 1553 Southam Ave. Shiptons RE Sub T~ Hackharth Lot 2-1 $60.12 1951 West 32nd St Mozena Farm Martin Tigges 595 Cedar Cross Rd. Lot 1-2-1-2- $28.23 1-1-2 of Mineral Lot 220 and Lot 1-1-1 of2of 3 of Mineral Lot 219 Nicholas Merfeed Lot 2-1-1-1- $81.79 575 Cedar Cross Rd. 2-3 of Mineral Lot 219, Lot 2- 2-1-2-1-1-2 of Mineral Lot 330 (6-12-2-66) Maxine Hoag Lots 12, 13 $71.99 701 Peru Road and 14 of Maple Leaf Addition g2 Sedlon 2. That the City Cl~rk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, lowa, that thc persons named hereinbefore are delinquent in the payment of refuse collec- tion charges in the amount set aside of the respective names, and that said amounts shall be collected in t~ same manner as general property taxes against the respective parcels of property set opposite the names of the OWBOr~, Passed, approved and adopted this 21st day of January, 1991. Jarms E. Brady Mayor Att~t: Mary A. Davis City Clerk Council Member Voetharg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas Mayor Brady, Counc'fl Members Kluesunr, Krleg, Nichoison, Pra~ Vootharg. Nays--None. Absent--Council Member Deieh. Communication of City Manager request- lng Mayor be authorized to sign a grant agreement with the Depammnt of Housing and Urban Development in the amount of $918,000 for calendar year 1991, presented and read. Council Member Voetborg moved that the communication be received and filed. Seconded by Council Membex Nicholson. Carried by the following vote: Yeas--Mayor Brady, Coundfl Membsrs Kluesner, Ksieg, Nicholson, Pratt, Voctherg. Nays~None. Absent-~:ouneel Member Deech. RI~OLUTION NO. 30-91 RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR CALENDAR YEAR 1991 Whereas, under provisions of Title I of Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and submitted a Statement of Intent on December 1, 1990 for a Community Development Block Grant; and Whereas, tho submission has been approved by the Department of Housing and Urban Development in the ~nt of $918,000 fc~ a twelve month program com- mencing Janunxy 1, 1991; and Whereas, a Grant Agreement coveting tho activities proposed to ha carried out with Community Development Block Grant funds has been tendered the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement, authofizr, d by the U.S. Departmant of Honking and Urban Development on January 3,' 1991, for a Conamunity Development Block Grunt to the City of Dubuque in the amount of $918,000 is hereby accepted. Section 2. That the Mayor of the City of Dubuque ha and he is he.by authorized and directed to execute a Community Develop- ment Block Grant Agreement identified as Grant Agreement B-91 -MC- 19-0004 for sub- mission to the U.S. Department of Housing and Ur~m Development, Passed, approved and adopted this 21st day of Junumy, 1991. James E. Brady Mayor Attest: Mary A. Davis city Clerk 28 Regular Sssslon, January 21, 1991 Council Member Voetherg moved adop- tion of the Re~olution. Seconded by Council Member Nichnison. Carried by tho following vote: Yeas~Mayor Bredy, Council Members Klunsne~, IC. iug, Hicholson, Pratt, Voatherg. Nays--Noun. Absent--Council Member Deich. Communication of City Manager submit- ting Fiscal Year 1990 Audit Reports as propmed by Helle, Klosterman and Com- pany, presented and read. Council Member Vuntherg moved that the communication be received and filed. Seconded by Council Member Nichols0h. Canied by thc following vote: Ye~--Mayor Brady, Council Members Kluesner, Kai0g, Nicholsun, Pratt, Voetberg. Nays---Noun. Absent-JJ?ouncil Member Dnich. Communication of Zoning Commission advising of their approval of final plat of Lot A and B of Chancy Road School Pitce located Southeast of the intersection of Cbeuny Road and Kaufman Avenue and owned by Dubuque Community School Dis- trlct, presented and read. Council Member Voetbexg moved that thc communication be received and filed. Seconded by Council Member Nicholann. Can/ed by the following vote: Yeas--Mayor Brady, Council Members Kluesuer, Krleg, Nicboison, Pratt, Voatherg. Nays--None. Absent--Coundl Member Deich. RESOLUTION NO. 31-19 A RESOLUTION APPROVING THE FINAL PLAT OF LOT A AND B OF CHANEY ROAD SCHOOL PLACE (FORMERLY LOT 1-1-1-2- I-1-1-2- OF HIGHLAND FARM) IN THE CITY OF DUBUQUE, IOWA). Whereas, thexe has been filed with the City Clerk a final plat of Lot A and B of Chauny Road School Place in the City of Dubuque, lows; and Whereas, said final plat has been examined by the City Zoning Commission and they find that it conforms to all City Codas relating to it; and Whereas, said final plat h~ been examined by the City Council and they concur with the Zoning Commission with regard to thc plat*s confonnunce to City Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the above described final plat be and the same is hereby approved and the May~ and City Clerk are bemby autho- fized and directed to endorse the approval of the City of Dubuque, lowa upon said final plat Passed, approved and adopted this 21st day of ]anuary, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop~ gun of the Resolution. Seconded by Council Member Nichol~on. Carried by the following vote: Yeas~Mayor Brady, Council Members Kluesunr, Kfieg, Nicholson, Pratt, Voetberg. Nays--None. Absont--Conncil Member Deich. Communication of Zoning Conunission advising of their approval of final plat of Lot 1-1-1-31 of Sec. 2 T89N, R2E of the 5th P.M. in Dubuque County, located at North- east of the intersection of Highways 386 and 52, presented and read. Council Member Voatberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Bredy, Council Members Kluesner, Kfieg, Nicholson, Pratt, Voetberg. Nays--None. Absent---Council Member Deich. RESOLUTION 32-91 A RESOLUTION APPROVING THE FINAL PLAT OF LOT 1-1-1-31 OF SECTION 2. T89N, R2E OF THE 5TH P.M. IN DUBUQUE COUNTY, IOWA. Wbete~s, there h~s been filed with the City Clerk a final plat of Lot 1~1-1-31 of Section 2. T89N, R2E of the 5th P.M. in Dubuque County, Iowa; and Whereas, said final plat has been examined by tim City Zoning Commission and they find that it conforms to ail applicable City Codes relating to it except a. 'Ihe plat creates a lot, Lot 2-1-1-31, which has no fwntage on any fight-of-way, which is contrary to the mqniremonts of Section 42-96 of the Dubuque Subdivision Ordinance; and b. By creating alot with no frontage, the plat could lead to the disorderly growth of the City which is contrary to Section 42-48 Regular Session, January 21, 1991 of thc Dubuqun Subdivision Ordinance; and Whcre~, in un attempt to bring thc sub- division into as much confmmmce with thc subdivision Ordinance as possible without oxoating excessive hardship on thc owner, said final plat has been ~proved by the Zoning Commission on the con.finns that: ~. Lot 2-1-1-31 of Seotion 2. T89N, R2E of the 5TH P.M. bo ured in cunjuanfinn with as though it we~ a single pm'eel, Burton W. Boyes Ptaoa which has access on a public fight-of-way. b. The above mentioned requi~rr~ut be noted an rite pitt; and Whereas, said final plat h~s been examined by tho City Council and they con- cur with the Zoning Commission in reg~d to the plat's conformance to applicable City Codes; and Wbe~r~ts, thu City Council contras in the conditions of the approval astabllsbed by thc Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above d~scfibed final plat bo and the same is bereby appreved and the Mayor and City Cie~k ave bereby autho- fized and directed to endorse th~ approval of the City of Dubuque, Iowa upon said final plat ~ovlded that: L Tho owner of said property shsit exe- cute a written anceptunc~ be~eto at~ched acknowledging and agreeing: That 2-1-1-31 of Section 2. T89N, R2E of thc 5TH P.M. be used in conjunction with, as though it were a single pmcol, Bm~n W. Boyes Pitc~ which has access on a public righi-of-way; and b. The above mentioned reqnirem~nt has already been noted on thn plat. Section 2. That in the croat that the owner fails to execute tho aecoptunce pro- vlded for in Section 1 herein within 45 days after the date of this resolution, th~ p~o~ visions berein shsil be null and void and the approval of thc pitt shall not be effective. Passed, approved and adopted this 21st day of lanua~y, 1991. Ian~s E. Brady Mayor 29 Mmy A. Davis City Clerk ~CCEIq'ANCE OF RESOLUTION NO. 32-91 We, the undersigned, Burton W. and Fred Boyes, having read the terms and conditioas of the Resolution No. 32-91 and being familiar with the conditions thereof, hereby accept lids same and agree to the condifiuns ~r~pth~l therein. Dated in Dubuque, Iowa this 25th day of January, 1991. /s! Burton W. Boye~ /s/Fred L Boyes Council Member Voetberg moved edop- ion of the Resolution. Seconded by Council Member Nicholson. Can-itd by the following vote: Yces~Mayor Brady, Council Members Kluesner, Kdeg, Nichoison, Pratt, Voetberg. Nays--None. Ab~ent--Council Member Dcich. Communication of Zoning Commission advising of theft approval of final plat of Lo~ 1, 2, 3 and 4 of Ohmen's Hilltop Farms loca~i at 113% No-~h Cascade Road, pre- sunred and read. Council Member Voathe~g moved that the communica6on be received and filed. Seconded by Council Member Carded by the following vote: yeas--Mayor Brady, Council Member~ Kluesner, Kritg, Nioholson, lha~ Voetberg. Nay~--Nane. Absant---Council Membex l~ich, RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1, 2, 3, AND 4 OF OHMERT'S HILLTOP FARMS IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk a finai plat of Lots 1, 2, 3, and 4 of Ohmert's HlllWp F~ms in Dubuque County, Iowa; and Wbe~oas, said final plat has been examined by the City Zoninl Comm/ssion and they find that it co~forms to all appli- cable City Codes relailng to it; and Whereas, in an attempt to bring the subdivision in~o as much conformance with the Subdlvisiun Ordinance as possible with- out creating excessive hardship oo the owner, said final plat has been approved by Regular Session, January 21, 1991 the Zoning Commission oo the conditions tha~: a. "l~a Lane ha improved to the apecifi* cations of the governing body (City or Coumy) when Lots 3 and 4 eec developed for nonagricultural purposes; and Whereas, said final plat has been examined by thc City Council and they concur with the Zoning Commission in I~gerd to the pint's conformance to applicable City Codes; and Whereas, thc City Council concurs in the ~onditions of thc approval established by thc Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described final plat he and the same is hereby approved and the Mayor and City Clerk are hereby autho- rized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat provided that: a. Tyra Lane be improved to the specifi- cations of thc governing body (City or County) when Lois 3 and 4 are developed for nonagricultural purposes. Se~lon 2. That in the event that tho owner fails to execute the acceptance pro- vided for in Section 1 herein within 4:5 days after thc date of this resolution, the pro- visions herein shall be null and void and thc approval of thc plat shall not he effective. Passed, approved and adopted this 21st day of January, 1991. James E. Brady Mayor At,st: Mary A. Davis City Cierk ACCEPTANCE OF RESOLUTION NO. 33-91 I, the undersigned, Dr. L. J. Kutsch, having read the terms and conditions of thc Resolution No. 33-91 and being familiar with the conditions thereof, hereby accept this sam~ and agree to the conditions required therein. Dated in Dubuque, Iowa this 22nd day of January, 1991. By/s/Dr. L./. Kuisch Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nicbelson. Carried by thc following vote: Yeas--Mayor Brady, Council Members Kinesncr, K~ng, Nicho~son, Pra~, Voetherg. Nays--None. Absent--Council Member Dcich. Proof of Publication on List of Claims paid for month of November, 1990, pre- sented and read. Council Member Voetberg moved that the proof of publication ha received and filed. Seconded by Counc'fl Member Nicholson. Carried by the foliowing vote: Yeas--Mayor Brady, Council Memhars Kluesncr, Kfing, Nicholson, Pratt, Voetherg. Nays-None. Absent---Council Member Deich. Communication of City Manager submit- ting Financial Report for the month of December, 1990, presented and read. Coundfi Member Voetherg moved that thc communi- cation and report be received and filed. Seconded by Council Member Nicholson. Canied by thc following vote: Yeas--Mayor Brady, Council Member Kluesner, Kries, Nicholson, Pratt, Voetberg. Nays--None. Absent--Council Member Deich. Communication of Corporation Counsel advising of Legal Department's procedrve for processing of ICA-covered claims against thc City, presented and read. Council Member Voetherg moved that thc communi- cation he received and filed. Seconded by Coancil Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krlcg, Nichulson, Pratt, Voetherg. Nays--None. Absent--CouncE Member Dnich, Commonlcations of Coq~oration Counsel advising of refcwals of followng claims to Alexsis, lnc., the agent for the Iowa Com- mualty Assurance Pool: Personal injury and car damages ctiam of Eugene and Fay Haman; Car damages claim of Hnnig & Henig Insurance Company; Personal injury ciiam of Luciada IC, usec, Car damage claim of Daniel Lucey; Personal injury and car damage clinm of Dar~n McCarthy; Car damage claim of Dennis McCarthy; Personal injury cialm of Dwayne Oding; Car damage claim of Sister Diane Rapozo, B.V.M.; Car damage claim of Secure Insurance Company; Personal injury claim of Jody Voels, pre- sented and read. Council Member Voetherg moved that tim communications he received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kring, Nieholson, Pratt, Voetherg. Regular Session, January 21, 1991 31 Absent---Council Member Deich. Proof of Publication certified to by the publisher on biotite of intent to file a zequest for release of funds for eight projects, pre- sented and read. Council Member Voetherg moved that the proof of publication be received and fded. Seeamdcd by Council Member blicholson. Carried by the following · tote: yeas--Mayor Brady, Council Mcmhers Klucsne~, Kfing, Nichulson, Pratt, Voetherg. Nays--None. Absent--Council Member )ulch. Communication of Depa~iment of Public Health advising of the granting of a variance to permit thc use of intermittent fixed overflow sUuctures for the Flora Park Plunge pool, presented and read. CounCil Member Voatherg moved that thc communication he received and filed. Seconded by Council Member Nicholacn. Cer6ed by thc following vote: Yeas--Mayor Brady, Council Members Klnesner, Kfing, Nicholson, Pratt, V~etherg. Nays--Noan. Absent---Conned Mcmher Dcich. Communication of City Manager racom- receding acceptance of the 1.4 MMG Park Hill Water Tank project, presented and read. Council Member Voetherg moved that the communication he received and filed. Seconded by Coundl Member Nicholson. Canied by the following vote: Yeas--Mayor Brady, Council Members Kluesncr, Kfieg, Nicholson, Pratt, Voctberg. Nays--None. Abscnt---Coundl Member DcicK RESOLUTION NO. 34-91 ACCEPTING IMPROVEMENT Whereas, the contract for Repair and Painting of 1.4 MMG Park Hill Water Storage Tank has been completed and thc City's coosultam, AEC Engineers has recormr~nded acceptance of the project NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That tho recommendation of the City Manager and AEC Engineers be approved and that said improvement be accepted. Passed, approved and adopted this 21st day of January, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Counci~l Member Nichulson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krleg, Nicholson, Pratt, Veetberg. Nays--None. Absent~ouncil Member Dcich. RESOLUTION NO. 35-91 FINAL ESTIMATE Whereas, the contract for Repair and Painting of 1.4 MMG Park tlifi Water Storage Tank has been completed and the City's consultant has submitted the final estimate showing the cozt thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to he $125,280. Section 2. That the final payment of $6,264.09 he paid to Heartland Steel in accordance with State statutes from funds in the Water Division's FY91 CIP Budget. Passed, approved and adopted this 21st day of January, 1991. James E. Brady Mayor Attest: Ma~y A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Klnesner, Kfing, Nichulson, Pratt, Voetherg. Nays~None. Absent--Council Member Dcich. Commtmicatlon of City Manager recom- mending acceptance of thc contract for thc installation of left tom and sheet lights at the in~'scction of U.S. Highway 20 and the Menard Drive/Crescent Ridge intersection, presented and read. Council Mcmher Voctberg moved that the communication he received and filed. Seconded by by Counc'fl Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Mcmbers Klnesner, Krleg. Nicholson, Pratt, Voctherg. Nays--None. Abscnt-42ouncil Memher Deich. 32 Regular Session, January 21, 1991 RESOLUTION NO. 86-91 ACCEFI'ING IMPROVEMENT Whereas, the contract for the Dodge Street at Menard Drive - P.C. Concrete Turn Lanes and Intersection Lighting has been completed and the City Manager has examined the work and filed his certificate stating that the sar~ has been completed according ~ the terms of thc contract, plan and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to tho contractor from the Street Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 21st day of January, 1991. lam~s E. Brady Mayor Attest: MaE/A. Davis City Clerk Council Member Vcotberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson, Carried by the following vote: Yeas--Mayor Brady, Council Memhexs Kluesner, Kling, Nicholson, Pratt, Voetberg. Nays--None. Ab~ent---Coundl Member Duich. RESOLUTION NO. 37-91 FINAL ESTIMATE Whereas, the contract for the Dodge Street at Monard Drive - P.C. Concrete Turn Lanes and Intersection Lighting has been completed and the City Engineer has sub- mired his final estimate showing the cost the:eof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improve~ ment is hereby determined to be $42,399.83 and the said amount shall be paid from tho Street Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of January, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Vootberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluasne6 Krieg, Nicholson, Pratt, Vcoth6ng. Nays--None. Absent--Council Member Deich, Communication of City Manager recom- mending acceptance of warranty deed for three parcels of property which were acquired from Tschiggfrie Excavating Company for the Fremont Avenue Bridge Replacement Project, presented and read. Council Member Voetberg moved that the commanlcafion be ~.eived and filed. Seconded by Council Member Nieholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kdng, Nicholson, Pratt, Vcetberg. Nays--None. Absent---Council Member Deich. RESOLUTION NO. 38-91 RESOLUTION ACCEPTING A WARRANTY DEED FOR LOTS 5, 6 AND 7 OF BLOCK 9 IN BIRCH ACRES SUBDIVISION FROM TSCHIGGFRIE EXCAVATING COMPANY Whereas, the City of Dubuque, a municipal corporation, and Tschiggfi'ie Excavating Company have entered into an agreement for the City's purchase of Lots 5, 6 and 7 of Block 9 in tho Birch Acres Subdivision; and payment has been made and a warranty deed has been conveyed to the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the conveyance of Lot 5, 6 and 7 of Block 9 in Birch Acius Subdivision to the City of Regular Session, January 21, 1991 31 Nays--Noun, Absent---Council Member Dcich. Proof of Publication certified to by the publisher on Notice of intent to file a request for release of funds for eight projects, pr~- sunred and read, Council Member Vcetberg moved that the proof of publication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Klansner, Kfing, Nichuison, Pratt, Vectherg. Nays--None. Ab~ent--Council Member Deich. Communication of Department of Public Health advising of the granting of a variance to pern~t the use of intermittent fixed overflow structures for the Flcga Park Plunge pool, presented and read. Council Member Voetberg moved that the communication he received and filed. Seconded by Council Member Nicholaon. Can~ed by the following vote: Yeas--Mayor Brady, Council Members Kluesecr, Krieg, Nicholson, Pratt, Vc~tberg. Nays--None. Absent-q~ouncil Member Deich. Communication of City Manager recom- mending acceptance of the 1.4 MMG Park Hill Water Tank project, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Nichohon. Carried by tho following vets: Yeas--Mayor Brady, Council Members Kluasner, Krlng, Nichol~on, Pratt, Voetberg. Nays--None. Absent--Council Member Deich. RESOLUTION NO. 34-91 ACCEPTING IMPROVEMENT Whereas, the contract for Repair and Painting of 1.4 MMG Park Hill Water Storage Tank has been completed and thc City's consultant, AEC Engineers has recommended acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manage~ and AEC Eagineeacs be approved and that said improvement be accepted, Passed, approved and adopted this 21st day of January, 1991. .lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of die Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Memhers Kluasanr. Kfing, Nicholson, Pratt, Voetberg. Nays--None. Absent~ouncil Member Deich. RESOLUTION NO. 35-91 FINAL ESTIMATE Whereas, tbe contract for Repair and Painting of 1.4 MMG Park Hill Water Storage Tank has been completed and the City's consultant has submitted the final estimate showing the cost thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $125,280. Section 2. That the final payraent of $6,264.09 be paid to Heartland Steel in accordance with State statutes from funds in the Water Division's FYgl CIP BudgeL passed, approved and adopted this 21st day of January, 1991. James E. Brady Mayor Attest: MaD, A, Davis City Clerk Coundil Member Voetherg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nieholson, Pratt, Voetberg. Nays--None. Ab~ent~ouncil Member Deich. Communication of City Manager recom- mending acceptance of the contract for thc instsllafion of left turn and sheet lights at the intersection of U.S. Highway 20 and the Menard DrivcjCrescent Ridge intersection, presented and read. Counuil Member Veetbe~'g moved that the commuMcation be received and Fried. Seconded by by Council Memhex Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kring, Nicholson, Pratt, Voetherg. Nays--None. Ab~ent~uncil Member Deich. Regular Session, January 21, 1991 RESOLUTION NO. :}6-91 ACCEPTING IMPROVEMENT Whereas, the contract for the Dodge Street at Menard Drive - P.C. Concrete Turn Lanes and Intersection Lighting has been completed $nd the City Manager has exasdined the work and filed his ceflificate staling that the san~ has been completed according to the terms of the contract, plan and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Stolon 1. That the recommendation of the City Manager be approved and that said imp~vement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to ~ay to the contractor from the Street Construction Fund in amount equal to the amount of his contract, less any retained pmcontsge provided for therein. Passed, approved and adopted this 2]st day of January, ]991. Attest: Mary A, Davis City Clerk James E. Brady Mayor Council Member Voetberg moved adop- tion of the Resolution. S~conded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Klunsner, Krleg, Nieholson, Pratt, Vc~tberg. Nays--None. Absent-~Council Member Dc]ch. RESOLUTION NO. 3%91 FINAL ESTIMATE Whereas, the contract for the Dodge Street at Menard Drive - P.C. Concrete Turn Lanes and Intersection Lighting has been completed and the City Engineer has sub- mitted his final estimate showing the cost thereof inciuding the cost of estimates, notices and inspection and all miscellaneous NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seeflon 1. That the cost of said improve~ ment is hea~by determined to be $42,399.83 and the said amount shall be paid from the Street Construction Fund of the City of Dubuque, Passed, approved and adopted this 21st day of January, 1991. Jan~s E. Brady Mayor Mary A. Davis City Clerk Council Member Vcotberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kinesner, Kring, Nicholson, Pratt, Voetberg. Nays--None. Absent--Council Member De]ch. Communication of City Manager recom- mending acceptance of warranty deed for three parcels of property which were acqmied from Tschiggfrin Excavating Company for the Fremont Avenue Bridge Replacement Project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Can'ied by the following vote: Ye-~--Mayor Brady, Council Members Kluesner, Krieg, Nichol~on, Pratt, Vcetberg. Nays--None. Absent--Council Member Do]ch. RESOLUTION NO. 38-91 RESOLUTION ACCEPTING A WARRANTY DEED FOR LOTS 5, 6 AND 7 OF BLOCK 9 IN BIRCH ACRES SUBDIVISION FROM TSCHIGGFRIE EXCAVATING COMPANY Wherens, the City of Dubuque, a municipal corporation, and Tschiggfrle Excavating Company have entered into an agranrn~nt for the City's purchase of Lots 5, 6 and 7 of Block 9 in the Birch Acres Subdivision; and Whereas, pursuant to that agreement, payment has been made and a warranty deed has been convoyed to the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the conveyance of L6t 5, 6 and 7 of Block 9 in Birch A~a'ns Subdivision to the City of Regular Session, January 21, 1991 Dubuque by Tschiggfrie Excavating Mary A. Davis City Clerk Seeilon 2. That the City Clerk is hereby authorized and directed to record thc warranty deed for said lots in the Office of the Dubuque County Recorder, together with a ~'rdfied copy of this ~nsolution. passed, approved and adopted this 21st day of Jananry, 1991. Attnst: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetberg moved adop- of the Resolution. Seconded by Cou~il Member Nichoison. Carried b} vote: Yeas--Mayor Brady, Council Members Kluesner, Kring, Nichoison, Pratt, Vcotberg. Nays---None. Absent--Conncil Member De]ch. __.._, 1991. Communication of Susan Baisamo and Daniel Nichols requesting to pm'chase ? l~cated at the comer of Van Buren and Carlton and numbered Lots 90, 91 and in Lenox Addition, presented and read. Council Member Voetberg moved that the matter be refer/od to the City Manager and staff for investigation and report. Seconded by Council Member Nichoison. Canled by the following veto: Yeas--Mayor Brady, Council Members Klucsner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Absent--Council Member Deich. 9:18 p.m. Council Member Nicholson moved to go into Closed Session to discuss Collective Bargaining in accordance with Chapter 20.17(3) of the 1999 Cede of Iowa, as amended. Seconded by Council Member Pratt Can]nd by the following vote: Yeas--Mayor Bracy, Council Members Kluesner, Kfiag, Nicholson, Pratt, Voetberg. Nays--None. Absent--Council Member De]ch. 9:32 p.m. Council reconvened stating Staff was given dieeedou. Th~e being no furter business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member Nicholson. Carried by the following vote: Yens--Mayor Brady, Council Members Kluesne~, Kfiag, Nicholson, Pratt, Voetberg. Nays--None. Absent---Council Member De]ch. Meeting adjourned at 9:24 p.m. Council Members Attest: