Loading...
1992 January Council ProceedingsRegular Session, January 6, 1992 DUBUQUE · CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, launmy 6, 1992. Council n~t at 7:30 p.m., Public Lib~ry Auditmium Present: Mayor Brady, Council Members Dalch, Klunsner, gaiag, Nagle, Nicholson, Voetber8, City Manager W. Kanun~h Gearhart, Coq~ration Counsel Ban-y A, Lindabl. Mayor Bredy read th~ call and stated fids is the Regular Man~hly Meeting of the City Council called for the purpose to act upon such business which nmy properly came before the Council, Invocation was given by Maym' James E. Brady. PROCLAMATION: lan. 12 ss "Honoring Birth of Martin Luther King, Ir." received by Rev. Alan Selig. Let the n~ord show that each newly elected Council Member has signed un official "Oath of Office" I~ior to January 1, 1992. Mayor Brady swore in Robert Nagle, Kathryn Kriag, Loras Kieesner and Dirk Voetberg as newly elected Council Members. Mayor Brady swore in Council Member Dan Nichul~on ss Mayor Pro-Tern. RESOLUTION NO. 1.92 RESOLUTION REAFFIRMING THE APPOINTMENT OF THE CITY MANAGER. BE IT RESOLVED BY THE cITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the appointment of W. Kenneth Ge~hart, ss City Manager for the City of Dubuqun, Iowa, be hereby affirmed in acc~- dance with the terms and conditions con- ndned in the employrc~nt ag~ement~ exec~t~ ed and approved on the 12th of April, 198 . passed, adopted and aFproved this 6th day of January, 1992. Jan~s E. Brady Mayor Atteat: Mary A. Davis City Clerk Council Member Kiuesnor moved adop- tion of ~he Resolution. Seconded by Council Member Nicbulson. Carded by the following vote: Yeas----Mayor Brady, Council Members Klunsues, Krleg, Nicholson, Vuntherg. Nays--Council Memb~s Deich, Nagle, RESOLUTION NO, 2-9:2 RBSOLUTION PROVIDING NOR THE APPOINTMENT OF A CITY CLERK NOW THEREFOHE, BE IT RESOLVED BY THE CITY COUNCIL ON THE CITY OF DUBUQUE, IOWA: In accordance with Chapter 372.13(3) of the Code of lowa, 1991, as amended, the City of Dubuque, Iowa, does hereby appoint the following aa City Clesk for the City of Dubuque, for the purpose of porfornlng the duties of said position as required by S~ate and City laws. City Clerk--Mary A. Davis Passed, approved and adopted fids 6th day of January, 1992. Jan~s E. Brady Mayor Attest: Ms~' A. Davis City Cierk Council Member Vontberg moved adop- tion of the Resolution. Seconded by Council Member Faiag. Canled by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klunsner, Kriag, Nagle, Nichulson, Voetberg. Nays--None. RESOLUTION NO. 3.92 RESOLUTION PROVIDING FOR THE APPOINTMENT ON A LEGAL STAFF NOR THE CITY OF DUBUQUE, IOWA BE IT RESOLVED BY THE CITY COUNCIL ON THE CITY OF DUBUQUE, IOWA: That in accordance with Chapter 2 Article III Division 5 of the Code of Ordinances, City of Dubuque, Iowa, the following shall Regular Session, January 6, 1992 2 be appointed as the Legal Department fa the City of Dubuque for the purlx~e of perform- ing the duties of said DaparUnent sa required by State and Local Laws. Corporation Counsel--Barry A. Lindahl City Soiicito~--William G. Blum Assistant City Attorney--James A. O'Brlcn Passed, adopted and approved this 6th day of Janumy, 1992. James E, Brady Mayor Attest: Mary A. Davis City Clerk Council Member Vuntberg moved adop- tion of the Resolution. Seconded by Council Member Nichol~on. Carried by the following vote: Yeas Mayor Brady, Council Members Dcich, Kluesner, Kfiag, Nag]e, Nicholson, Voetbe~g. Nays---None. Mayor Brady swore in the appointexi officials. RESOLUTION NO. 4-92 RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER OF THE CITY OF DUBUQUE, IOWA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: In accordance with Chapler 618 of the Code of Iowa, 1991, as amended, the follow- ing shall be designated as the Official news- paper of the City of Dubuque, Iowa, for thc propose of publication of notices and repo~ of proceed/rigs as required by law. Telegraph Herald Passed, sdopted and aplnoVed this 6th day of January, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Kriag. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, IC, ieg, Nagle, Nicholson, Vcetberg. Nays---None. RESOLUTION NO. $-92 RESOLUTION NAMING DEPOSI- TORIES RESOLVED, that the City Council of Dubuque in Dubuque County, lows, approves the following list of financial institufiuns to be daposilori~ of the City of Dubuque funds in conformance with all applicable p~ovisions of Iowa Code Chapters 452 and 453 (1983), as amended by 1984 Iowa Ac~z, S.F. 2220. The City Treasurer is hereby authorized to deposit the City of Dubuque funds in amounU~ uo~ ~o exceed ~he maximum approved for each respective financial institution ss set out below. Depository Name - American Trust & Savings Bank; Location of Home Office - Dubuque, Iowa; Maximum Balance in effect under prior resolution - $35,000,000.00; Maximum Balance in effect under this reso- lution - $40,000,000.00. Depository Nan~ - Dubuque Bank & Trust Company;, Location of Home Office - Dubuque, Iowa; Maximum Balance in effect under prior ~solufion - $35,000,000.00; Maximum Balance in effect under this r~so- lution - $40,000,000.00. Depository Name - First National Bank; Location of Hon~ Office - Dubuque, Iowa; Maximum Balance in effect under prior resolution $35,000,000.0~, Maximum Balance in effect under ilds resolution - Depository Name - Key City Bank & Trust Company; Location of Home Office - Dubuque, lowa; Maximum Balance in effect under prior resolution - $20,000,000.00; Maximum Balance in effect under this reso- lution - $0.00. Depository Nan~ - H~xvest Savings Bank; Location of Home Office - Dubuque, Iowa; Maximum Balance in effect under prior resdullon - $5,000,0~0.00; ]~cimum Bal- ance in effect under fids resolution - $5,000- Depository Name - Dupa~o Community Credit Union; Locslion of Home Office - Dubuque, Iowa; Maximum Balance in effect under prior resulutioh - $1,000,000.00; Maximum Balance in effect under this resolution - $1,000,000.00. CERTIFICATION, I hereby certify that the foregoing is a true and conect copy of a resolution of the City Council adopted at a 3 Regular Session, J_anuary 67__1992 meeting of said public body, duly called and beld on the 6th day of January, 1992, a qnca'um being Fseaent, as said resolution rems/ns of ~ in the minutes of said meeting, and it is now in full fen~ and effect. Datedthis 6th day of lanuary, 1992. M~ A. Davis, City Clerk Mailing Address: City Hall 50 W. 13th SUeet Dubuque, IA 52001-4845 Telephone: (319) 589-4120 Council Member Voetburg moved ad~oiloo of the Resoluilon. Seconded by Council Member Kluesner. Carried by tho following vote: yeas--Mayor Brady, Council Members Dulch, Klueenar, Krleg, Hasle, Nicbeisen, Voediorg. Nays--None. Council Member Ventberg moved that the re.les be suspended to allow anyone Inasent to address the Council if they so desire. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Mamburs Delch, Khiasncr, Kring, Naghi, Nicholson, Voetburg. Nays--None. BOARDS AND COMMISSIONS APPOINTMENTS: HOUSING CODB BOARD OF APPEALS. 2 - 3 Year Terms wl6ch will expire 1-11-95 ¢Ferr~ of Kiaselln, Swift); 1 - Newly Created Term which will expire 1- 11-94; I Newly Created Term which will expire 1-11-95. - Foor vacandes. Applicants: Donna M. Banerly, Daniel Gantz, Vernon Haberkom, Thomas Harman, Kathy Hdidarscheit, William Riasulle, Eugene Niday, Rohe~ Schaub, ]ames Stock, Edward swift. First vote for temps which will expire 1-11-95: Mayor Brady voted for Kinsdihi, Schaub and swift. Council Member Deioh voted for Bauedy, Gantz, and Scbuub. CounCil Member Kluesnar voted for Kiasella, Schanb, and Swift. Council Member Kfiug voted for Baueily, Hehiersehcit, and Schanb. Council Member Nagle voted for Baneily, Kiaselis, and Swift. Council Member Nicbulsen voted for Haburkorn, Riasulhi and Swift. Council Member Ventherg voted for Kinselln, Scbuub, and swift. Therefore William Kinsella, Rob~t Schaub, and Edward Swift The next vote was taken for the team will expire 1-11-94. May~ B~ady voted for Council Member DCIOh voted for Gan~z. Council Member Kluesner voted for · Council Mambor Kdug voted for Hhidea, scheiL Council Member Nagle voted for Bauedy. Council Member Nioholson vo~l for Hab~kor~. Council Mereber Venther8 voted for He/deracheiL Tbu~ be~_ng no majority, as ~cond vote was taken.. Mayor Brady voted for Haherkom. Council, Member Deinh voted for Gantz. Counci~ Khiesnor voted for Hahe~korn. Council Member Kring voted for Heidc~ohulc Council Member Nngle voted for Banedy. Council Merebar Nicholson voted for Haberkom. Coancll Membur Voctburg voted for Huldersnhelt. The~e being no majority, a thh-d vote was taken. Mayor B~dy voted for Haberkom. Coundl Member D~ioh vo~i for Banerly. Council Member Klu~nor voted for llabu~kon~- Council Member K~ing voted for Banedy. Council Member Nagle voted fbr Banerly. Council Member Nichul~on voted for llaherkom. Council Member Voetherg voled for Banerly. Therefore, Donna Banerly appulnmi to the Housing Code Appeals Boani for a term which will exph-e 1-11-94. HOUSING COMMISSION. One Unexpir,3 term which will expire 8-17-92, Peggy Connoily, John D. Dav~s, l~.evln J. Kdippede, Daniel Gantz, James E, Geisen, Eugene Niday, lan~s Steck` Fhst Vote: Mayor Brady voted for Clark, Council Member Deich voted for Cla~k. Council Member Khiesner voted for Davis. Comncll Member Kilng voted for Clark. CoL~ncil Mem~ Nugle voted for Connully. Com~cll Member Nicholsen voted for C~ise~. Council Member Vcotbarg voted for Gulren'. Tham being no majodty a second vole was taken. Mayor Brady voted for Clark. Council Member I~/oh voted for Clark` Council Member Kluesoer voted for Geisen. Council Member Kfing voted for Clark. Council Mamhe~ Nugin voted for Connully. Council Member Nicbelsen voted for Gcisen. Council Member Voctb~rg voted fo~ Geisen. Tham again he no majority a ilfi~d vote was taken. Mayor Bmty voted for Clark. Council Member Dcich voted for Clark. Council Mamber Kluesnar voted for Clark. Council Mambar Kdeg voted for Clark. Council~ Member Naghi voted for Connully. Council Member Nichulson voted for Clark. Council Member Ventbu'tg voted for C~isen. Thamfc~e, Ruth A. Clark appointed to the Housing Commission for a unexphed team which will expire 8-17-92. HUMAN RIGHTS COMMISSION. Cowamunicafions received from Eldon Pfohi requasfing Cconcil consider delaying Regular Session, January 6, 1992 4 appoinunents to the Human Right~ Commisalon at this time; Mn. Ivy B~ehm, Dorothy Marie Hennessey, O.S.F., Gemudc A. LuGrain, FAlcon G. Murphy, Walt Prngler, Rudy Bellmann, Dubuque County Democratic Central Commit~e, Tom Auge, Sister Meg Wugs, MaD' Burdt, Leo Meier, Donna Smith, Mrs. Elmer Miller, Rick Dickinson, Thomas Miller, James Hendricks, Kawn, Wm. & Don Hendrlclcs recom- mending Many O'Shea be appulnted to the Commission; Karhi Bralg requesting ~.appointment to the Commission; Ten~ Reisdorf, Sr. ~r~luesting re, appointment of Karla Braig, Roger Malers and Steven Rackls to the Commission; Gaff Waltz recorm~nding appointing Karla Braig and Marty O'Shea to thc Commission; Gary Flyon and Rev. John Hulsizer and Marko Miller recommending Floyd Cook he appuln~ed to the Commission; Judie Ootto reconm~nding Mary Nuff be appointed to the Co~nmlssion; Frank Bolcasuo and Valorie Woerdohoff recommending lan~s Allan be appointed to the Commission. Eldon Pfohl, Marry O'Shea, Doug Stetzer, Floyd Ccok, Pat Crahan, Steven Rackls, Roger Maiers, all spoke concerning the appoinlments. Three 3-year terms that will expire 1~1-95. (Terms of Bralg, Maiers, Rackis). Thing vacancies. Applicants: James Allen, Anthony Allen, Karla Bralg, Thomas Chin:chill, lloyd Cook. Charles A. Daoud, Mary Huff, Roger Maler, Rev. James I!.. Massey, Sr., Sam Mulgrew, Marry J. O'Shen, Steven J. Rackis, Robert J. Syognola, Douglas G. Stetzer. First Vote. Mayor Brady voted for Kraig, Maiers, Raekis. Council Member Dcich voted for Cook, Daoud, Stetzer. Council Member Kluesner voted for Daoud, Mdc-rs, O'Shea. Council Member Kriug voted for Daoud, O'Shea, Ra~kis. Council Member Nugle voted for Allen, Maiers, O'Shea. Council Member Nicbelson voted for Braig, Malars, Rackis. Council Member Voedierg voted for Bralg, Maiers, Rncki$. Therefore, Roger Malers, and Steven Rackis reappointed to the Human Rights Commission for terms that will expire 1-1-95. A second vote for the third vacancy was taken. Mayor Brady voted for Bralg. Council Member Dc. ich voted for Daoud. Council Member Kluesner voted for Daond. Council Member Kriug voted for Daoud. Council Member Nugle voted for O'Shea. Council Member Nicholson voted for Cook. Council Member Voetberg voted for O'Shea. There being no majority, a third vote was taken. Mayor Brady voted for O'Shea. Council Member Deieh voted for Daoud. Council Member Kluesner voted for Daoud. Council Member Kriug voted for O'Shea. Council Member Nugle voted for O'Shea. CounCil Member Nicholsen voted for O'She$. Council Member Voetherg voted for O'Shea. Therefor, Marry J. O'Sbea appulnted to the Human Rights Commission for a term that will expire 1-I-95. Communication of Dubuque Main Street, Ltd. requesting Council appointment to their Board of Directcas to replace Michael Pratt, presented and ve~d. Council Member Kluesner moved that it be resolved that Rohert Nagle be appulnted te Dubuque Main Street, Ltd. Seconded by Council Memher Voctberg. Carried by the following vote: Yeas---Mayor Brady, Council Memhera Deich, Kluesner, Kilug, Nagle, Nicholson, Voetherg. Nays---None. Dubuque In Future appulntment of Council Member. Mayor Brady voted for Nagle; Council Member Deich voted for ICdug; Council Member Kinesner voted for Kriug; Council Member lC. dug voted for Krlug; Council Meroher Nichelson voted for Kriug; Council Member Nugle voted for Kfiug; Council Member Voetherg voted for Nugle. Therefme, Council Member Kalin Kfiug aplmlnted ~ Council reptesentailve of Dubuque In Future. Greater Dubuque Development Corporation (G.D.D.C.) appointment. Mayor Brady voted for Nichulson. Council Member Detch voted for Nioholson. Council Member Khiesner Voted for Nicholsen. Council Member Kflug voted for Nichol~on. Council Member Niobeison voted for Voetherg. Council Member Nagle voted for Nicbelson. CounCil Member Voetherg voted for Nicholson. Therefore, Dan Nicholson was appointed as Council representative to die Greater Dubuque Development Corpotatien, Council Member Dan Nicbelson resigned from the Operat/on: New View Board. Council Member Niohulson nominated Council Member Nagle. Council Member Kfing nom/natnd Council Member Daich. Upon consensus it was dec/tied that Council Members Rohen Nagle and Donald Doich, Assistant City Manager Stephani Johnson (with .Council Member Dan Nicholsen as alternate) he appointed as reptasentetive~ to Operailon: New View Boani. Council Member Dirk Voatberg stated he wanted to give up the mpresental/ve seat to the Four Mounds Foundation, After diseussien and interest by Ceanefl Member Khiesuer. by coasensos it was decided that Loma Kluesner be appointed as Council relXesentative to that Boani. 5 Regular Session, January 6, 1992 req~sfina Coonc~l ~ ~ ~vi~ ~e invas~nt of ~ ~, ~sen~ ~d M~ ~cg ~v~ ~t ~ ~' ~on ~ ~v~ ~d ~ ~ ~n ~vee ~ f~ a ~ ~n qu~s ~at by Co~ Me~ Nicho~on. C~ by Co~ Me~ D~ch, ~u~n~, Nichol~n, N~le, V~t~, Nay~N~e. Cigna who wo~d ~ to ~ ~st~ f~ Offi~ on ~ ~f~ I~ ~y ~n who ~ a ~e tnvas~nt si~on Petition of Ray Tayl~ ~u~fing tug.ding Ci~'s ~volve~nt ~ "Iowa 17~4 ~n~ ~., q~sfion~ s~fi~ of ~'s thvolve~n~ Co.cfi Me~r Nichol~n ~v~ ~at ~iv~ ~d ~, ~d~ by Con~ Mem~ ~ag. ~ by ~e f~lo~ng vo~: Y~Y~ B~y, ~u~ ~i~h, ~sn~, ~ag, N~e, Nichui~n, V~t~. Nay~N~e. Co~ ~s~ at 9:43 p.m.; Cou~ ~nvee~ at 10:~. Co~u~0adon of ~ty M~er ~ues~g a~v~ of ~e Keyl~e ~es Act of 1~, ~n~ ~d Co.cfi Me~r V~t~ ~v~ ~at ~on ~ ~v~ ~ ~. ~nd~ by C~ncfl M~ C~ by ~e folio~ng vo~: Y~May~ B~y, C~ Mem~ ~ch, ~ncs~r, K~ag, Nngle, Ni~holson, V~t~rg. ~OL~iON NO. 6-9~ ~L~ION A~NG ~ CO~L~N~ FOR T~ A~ICANS DI~B~I~ ACT OF Whereas, the Keylinc Compliance Plan for thc Atmficans with Disabilities Act of 19~0 has been developed using U.S. Depem~nt of Transpo~ailon guidelines and proposes to help meet the public u,'ampor tetion needs of the Dubuque disabled conanuuity; and Whereas, the Keylinc Transit Advisory Board has n~viewed the Plan and finds it responsive to the needs of Keyline and the and Whereas, a public hearing was held by the Transit B~ml on December 17, 1991 to give oppommity for citizens to ~eview and comment on the Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Snctlon 1. That the City of Dubuque bel~by adopts the Keyline Compliance P~an for the Americans with Disabilities Act of 1990 and dice. ets that the Plan be forwarded to DMATS for concurrence. PaSsed, approved and adopted this 6th day of January, 1992. Attest: Mm'y A. Davis City Clerk Jarees E. Brady Mayor Council Member Voetherg moved adoptiou of the Resolution. Seconded by Council Member Kluesner. Canled by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krleg, Nnglo, Nicholson, Voetherg. Nays--None. Petition of Eldon Pfohl lv~qucsting to addiuss the Council on several subjects, prmented and read. Mr. Pfohl SlX~C to thc petition. Council Member Klansner moved that the petition be received and filed. Seconded by Council Ntcholsen. Can'ied by the following vote: Yeas--Mayor Brady, Council Members Dnich, Nagle, Nicholson. Nays--Council Members Klansnc~, V,~ieg, ¥oethe~. Communication of City Manager requesting approval of a resolution to designate a "Fomth SU~et Peninsula Urban Renewsl District", and a Resolution of Necessity finding that the Fourth Street Peuiusula is a blighted area and that ~edeveJopment of said area is necessary in thc interest of the residents of the City of Dubuque, Iowa, presented and ~ui. Council Member Vontherg moved that the matter be tabled to the January 20, 1992 Council Meeting. Seconded by Conncil Member Nicholson. Carsied by the following vote: Yeas---Mayor Brady, Council Members Regular Session, January 6, 1992 6 Deich, Kluesner, Kfieg, Naglc, Nicholson, Voethexg. Nays--None. RESOLUTION NO. 7-92 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with thc provisitms of law tnlatiag to thc sale of Cigamt~s within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigaretm Papers within said City. Cozy Comer Irving D. Vnley 201 E. 22ed St Passed, approved and adopted this 2nd day of January 1992. Jarm~s E. Brady Mayor Attest: Ma~ A. Davis City Clerk Council Member Deich moved adoption of thc Resolution. Seconded by Council Member Nicholson. Canled by the following vote: Yea~---Mayor Brady, Council Members Deich, Kluesner, Ktiag, Nagle, Nichol~on, Voetberg. Nays--None. RESOLUTION NO. 8-92 Whereas, Applications for Beer Permits have been submitted and filed to this Council for approval and the sarau have been examined and approved; and Whereas, The premises to be occupied by such applicams were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That thc M~nager be authorized to cause to he issued the following narr~d applicants a Beer Permit. CLASS "C" BEER PERIkflT Iowa Oil Company Sunday Sales Iowa Oil Company Sunday Sales IOCO Speede Shoppe 2150 Twin Valley IOCO Speede Shoppe 3200 Central Iowa Potatoe & Produce House, Inc, Iowa Potetoe & Produce House Sunday Sales 2600 Dodge Passed, approved and adopted this 6th day of January, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagie, Nicholson, Voctberg. Nays--None. Proof of Publication certified to by the Publisher on Notiee of Public Heming to consider an Ordinance to add a new Section 6-3.3 for cfits~a for Text Amendments to the Zoning Ordinance; Communication of City Manager requesting the Council to reject the Ortiinance as presented and Ordinance Amending Zoning Ordinance by adopting new requirements in lleu then~of for zoning ~nlszsifications in Section 6-1.1; and to add a new Section 6-3.3 for criteria for Text Amendments, presented and read, Council Member Voetherg moved that the proof of publication and communication be received and filed and to reject the Ordinance. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluosner, Kfiag, Nagle, Nicholson, Voetherg. Nays-None. Proof of Publication certified to by the Publisher on Nmice of Public Heating to reclassify property located at 585-587 University Avenue f~om OR to C-2 District, presented and read. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yc~s--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholaon, Voetberg. Nays---None. Attorney Leo McCarthy of 222 Southgate Dr. and Robert Breitbach, 995 Grove Terrace, owner of The Cazpet Shack, spoke requesting rezouing. An O~xlinance Amending Zoning Ordinance by reclassifying property located at 585-58? University Avenue from OR Office Residential District to C-2 Neighborhood Shopping Center District, first reading only given at meeting of 12-16-91, presented for final action. Regular Session, January 6, 1992 8 7 Regular Session, January 6, 1992 (OffiCIAL PUBLICATION) ORDINANCE NO. 1-~ AN ORDINANCE OF Tiff/CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HERF_JNAFTER DESCRIBED PROPERTY LOCATED AT 585-587 UNIVERSITY AVENUE FROM OR OFFICE RESIDENTIAL DISTRICT TO NEIGHBORHOOD SHOPPING CENTER DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~Bon 1. That the Code of Ordinances of the City of Dubuque, lows be amended by revising Appendix A thereof, also known as the Zoning ordnance of the City of Dubuque, Iowa, to ~.cinasify hereinafter desetibed property from OR Office Residential District to C-2 Neighborhood Shopping Center Disuict, with conditions, to wit: Lot 2 of Lot 45, Lot 2 of Lot 46, Lot 2 of Lot 46A in Farley's Subdivision of Out Lots 703, 704, 704A, and 718; Lots 4, 5, 6 and Westerly 139 feet of Lot 3, ail of tho Subdivision of Out Lot 703 in the City of Dubuque, low~ and extending to the center line of abutting public tight-of-way. Sedlon 2. That the foregoing amandmcnt bes beretofe~ been rcvlewad by the Zoning Commission of the City of Dubuque, lows. Passed, approved and adopted this 6th day of Janue~y, 1992. Attest: Mary A. Davis City Clerk Jame~ E. Brady Mayor MEMORANDUM OF AGREEMENT Pursuant to thc Iowa Code Section 414.5 (1989), and as an express condition of lezoning of the property de.~ctibed as: Lot 2 of LOt 45, LOt 2 of Lot 46, Lot 2 of Lot 46A in Fatiey's Subdivision of Ouflots 703, 704, 704A and 718; Lots 4, 5, 6 and Westerly 139 feet of Lot 3, all of the Subdivision of Out LOt 703 in the City of Dubuque, lows; and extending to the center line of abutling public tight-of-way. which is the subject of Ordinance No. 1-92, a copy of which is attached hereto and incm, g~ated he~in by refcTcnce, the undersigned property owner(s), Leo A, McCsrflly agree(s) to thc foEowing coodilions, aH of which the property owner further ngrans ~e reasonable and are imposed to satisfy public needs which are :amed disecdy by the ~zouiag: A) Prohibited Uses. B~s and taverns shall be prohibited B) Reclassification of the Subject Property. Thc City of Dubuque, Iowa may initiate zoning reclassificelion Wueeedings to the OR Office Residential Disuict if thc preperty owner fails to complete any of the conditions or pmvis~ons of this Agreement, including, but not limited to, A above. C) Modificatious. Any modifications of this Agreement mast be approved by thc City Council of Dubuque, lows. D) Recor~ng. AcopyofthlsAglcement shah be recorded by thc prol~rty owner with the Dubuque County Recorder as a ~emmuent record of the conditions accepted as i~m of this re~,ohing aFFmvni within ten (10) days of the edoplion of Ordimnce No. 1-92. E) Conslruefioo. This Ag~ement shall be construed and inteq~eted as though it we~ part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Oi~annce of the City of Dubuque, Iowa. F) This A~reen~nt shaH be hinding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF MEMORANDUM OF AGREEMENT I, die undersigned, Leo A. McCarthy, having read the terms and conditions of O~nance No. 1-92 and being fan~llar with the conditions thereof, hereby accept this same and agree to the conditiom reqhi~l therein. Dated in Dubuque, Iowa this 6th day of Janua~J, 1992. By:/s/Leo A. McCarthy Pul~ished officinily in the Telegraph Herald newspul~- ~ 10th day of Ianu~y, 1992. Mary A. Davis It 1/10 City Clerk Couneil Member Voetberg moved that this be considered the second reading of the Ordinance and that the reqni~m~nt that a proposed Ordinance be considered and voted on for passage at two couuell rflcctiags prior to the mcctiag at which it is to be finally edo~ted be suspended and fttrther moved final adoption of the Ordinance, as an~ndad, to execute conditions of never allowing a bar in that building. Secoudad by Council Member Nichoison. Caniad by thc following vote: Yeas---Mayor Brady, Council Members Deich, Kluesner, Kting, Nagle, Nicholson, ¥octberg. Nays--None. Proof of Publication certilled to by the Publisher on Notice of Public Hearing to reclassify property located West of Pasadena Court from OS to R-3 District, presented and rend. Council Member Kincsncc moved that thc proof of publicalien be received and filed. Secoeded by Council Member Kting. Canied by the following vote: Yeas--Mayor Bredy, Council Members Deich, Kluesner, Krlng, Naglc, Nicholson, Voetbe~g. Nays--None. Ken Bucsing spoke on behalf of the owner and requested favorable mzcding. An Ordinance Amending Zonin8 Ordinance by reclassifylag property located West of Pasadena Court from OS Office Service District to R-3 Medcrate Density Multi-Family Residential Disttict, first rcediag only ~iven at meeting of 12-16-91, presented for fmther action. (OffiCIAL PUBLICATION) ORDINANCE NO. 2-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSFt~YING HEREINAI~ER DESCRIBED PROPERTY LOCATED WEST OF PASADENA COURT FROM OS OFFICE SERVICE DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE ~ COUNCIL OF THE CITY OF DUBUQUI~ IOWA: Se~inn L Tbet the Code of Ordinances of ~e ~ of ~b~uc, Iowa ~ ~n~ by ~vis~g A~ A ~f, ~so ~own m ~e ~ng ~n~ of ~e Ci~ of Du~q~, low~ ~ ~l~fy be~n~r de~fi~ ~ ~m OS O~ ~s~ct m R-3 M~ ~sliy M~fi- F~ly Re~n~ ~s~c~ ~ ~t: Bl~k 2 of Coun~ S~ngs Su~v~inn in ~ Ci~ of Dabuq~, Io~ ~x~t f~ &e ~& 1~ f~t p~ ~ ~ ex~ing to &e ~n~r ~e of abu~ng pubic fight-of-way. ~l~ 2. T~t ~ f~g~ag ~nd~nt h~ be~tof~ ~n ~view~ by ~e Co~ssion of ~e Ci~ of Du~que, low~ P~s~, ~v~ ~ ~ ~ 6& ~y of J~, 19~. Jarms E. Brady Mayor Att~t: Ma~y A. Davis City Clerk Published officially in the Telegraph Herald newspaper this lOth day of December, 199Z Mary A. Davis It 1/10 City Clerk Council Member Kluesner moved that this be considered the second rea&ag of the Ordinance and that the ~leirement that a proposed Ordinance be considered and voted on for passage at two council meetings inior to the meeting at which it is to be finally adopted be, suspended and further moved final adoption of the Ordinance. Seconded by Council Member Ktieg. Carried by the following vote: Yeas--Mayor Brady, Coancll Membe~ Deich, Kluesner, Kfing, Naglc, Nichoisou, Voetherg. Nays---N~na. Proof of Publication certified to by thc Publisher on Notice of Public Hearing to reclassify propo~y located at 365 Cedar C'r~s R~ad from R-I to CS District, Incsented and read. Council Member Kluesner moved that thc proof of poblication be received and filed. Seconded by Council Member Vcetbe~g. Carried by thc following vote: Yeas~Mayor Brady, Council Members Regular Session, January 6, 1992 Deleh, Kluesner, Ksing, Nagie, Nicholson, Voetherg. Nays--None. An Ordinance Amending Zoning Ordnance by ~eclassifylng propmy located at 365 Cedar Cross Road from R-I Single Fan~ly Residential District to CS Commercial Servien and Wholesale District, lust meeting only given at meeting of 12-16- 91, presented for further action. (OffICIAL PUBLICATION) ORDINANCE NO. 3-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUIL IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF TH~ CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 365 CEDAR CROSS ROAD FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO CS COMK~RCIAL SERVICE AND WHOLESALE DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Settlon 1. That thc Code of O~linances of the City of Dubuque, Iowa be an~nded by revising Appendix A tbereof, also known as the Zoning Ordinance of the City of Dubuque, low~, to reclassify hereinafter described property from R-I Singhi-Fan~ly Residential District to CS Conuuercial Service and Wholesale Distriat, to wit: Lot2 of Lot 1 of Lot 1 of Lot 13 of Valley View Heights at Center Grove in the City of Dubuque; and extending to the center line of abutting public right-of-way. Se~tinn 2. That the fote8oing amendment has berotofo~e been reviewed by the Zonln8 Commission of the City of Dubuque, Iowa. passed, apprevad and adopted this 6th day of Januasy, 1992. fames E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 1992. Mary A, Davis It 1/10 City Clerk Council Member Kluesner moved that this be considered the second ren~ng of thc Oldlnanen, and that the requirement that a Peoposed Ordinance be considered and voted on for passage at two council meetings lnior to the mooting at which it is to be finally adopted be suspended and fmther moved final adoption of the Ordinance. Seconded by Council Member V~tharg. Cea'led by the following vote: Yeas--Mayor Brady, Council Membexs Deleh, Klue~ner, Kring, Nngle, Nicbutsoa, Voctherg. Nays---None. Proof of Publication cea~ified to by the Publisher on Notice of Public Hearing to reclassify prope~y located near 3385 Asbasy Road from OR to C-2 Dis~ct and petition of John laenbucei objocling to rezoning of propc~y at 3385 Asbury Road, incsented and read. Council Member Kluesner moved that the proof of publication and petition be received and fired. Seconded by Council Member Voctberg. Canied by the following vote: yens--Mayor Brady, Council Members Duleh, Kluesncr, Ktleg, Nagle, Nicholson, Voetberg. Nays---None. Dan Kelly objected to proposed reciaasification. Clark Wolff, as owner of thc property, stated no specific plans had been decided upon yet. ]en Mahn also spoke to the proposed rezoning. An Ordinance Amending Zoning Ordinance by reclassifying prope~y located ncas 3385 Asbuty Road fiom OR Office Residential District to C-2 Neighborhood Shopping Center District, with condiliens, first reading only given at niceting of 12-16- 91, presented for further aclion. (OFFICIAL PUBLICATION) ORDINANCE NO. 4-92 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 RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NEAR 3385 ASBURY ROAD FROM OR OFFICE RESIDENTIAL DISTRICT TO C-2 Regular Session, NEIGHBORHOOD SHOPPING CENTER DISTRICT, WITH CONDITIONS. NOW, TI~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Smhin I. That the Code of Ordinance; of the City of Dubuque, Iowa be amenden by revising Appendix A thereof, ;dso known as the Zoning Ordinance of thc City of Dubuque, low~, to reciassify hereinafter described property flora OR Office Residential District to C-2 Neighborhood Shopping Center District, with conditiom, to wit: Lot 7 Block I and Lot 7 Block 2 of Westcbester Subdivision in the City of Dubuque and extending to thc center line of abutting public fight-of-way. Se~tinn 2. That the fotegnlng amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of January, 1992. James E, Brady Mayor Attest: Mary A. Davis City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Cede Section 414.5 (1989), and as an express condilion of rezoning of the property described as: Lot 7 Block I and Lot 7 Block 2 of Wcstebester Subdivision, and to the center line of thc adjnlr./ng public right-of-way, all in thc City of Dubuque, Iow~. which is the subject of Ordinance No. 4-92, a copy of which is attached hereto and incorp~ated bercin by reference, thc undersigned Peoperty owner(s), Liada O'Brien Wolff, agree(s) to the following conditions, all of which thc property owner further ugreus are reasonablc and are imposed to ~atisfy public needs which are caused directly by the rezoning: A) Perfonrmnce Standards. 1) No through t~affic from Dana Drive to Asbury Road shall be allowed. 2) That the site plans for future improvements to the p~perty taken both lois into a~:ount for reqdimd Permeable area. January 6, 1992 10 B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassificalioa proceedings to the OR Office Residenlial District if thc property owne~ fails to complete any of the condifiens or provisions of this Agreement, including, but not limited to, the standards noted above. C) Modifications. Any modifications of this Agreement must be mpproved by the City Council of Dubuque, Iowa. D) Rocordil~g. A copy of this Agreement shsil be ~nded by thc properoy owner with the Dubuque County Race.er a~ a permanent ~ of the conditions accepted as part of this rezoding apiwoval within ten (10) days of the adoption of Ordlnance No. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, lows. F) This Agreement shall be binding upon the endersigned and his/her heirs, successor and assignees. ACCEPTANCE OF MEMORANDUM OF AGREEMENT I, the undersigned, Linde O'Brien Wolff, having read the terms and condilicms of Ordinance No. 4-92 and being familiar with the conditions thereof, he,by accept this same and agree to the cond~lioas ruqni~ed therein. Dated in Dubuque, Iowa this 6th day of January, 1992. By:/s/Linde O'Brlen Wolff Published officially in the Telegraph Herald newspape~ this 10th day of January, 1992. Mary A. Davis It 1/10 City Clerk Council Membe~ Klue~uer moved that this be considexed thc ~.~c~td rca~ng of the Ordinance. and that the mqalreruent that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Orditmnce. Seconded by Council Member Veetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krlug, Nngle, Nicholson, Voetberg. Nays--None. 11 Regular Session, January 6, 1992 RESOLUTION NO. 9-92 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 16th day of December, 1991, plans, specifications, form of contrect and estinmted cost were filed with thc City Clerk of Dubuque, Iowa, for the Eagle Point Water Plant Sledge Handling Building, Structural Repairs, and Whereas, notice of heating on plans, specifications, f~n of contract and estimated cost was published as ~.qnired by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon L That tho said plans, specifications, form of commct and estimated cost a~ hereby approved as the plans, spocifi~tions, fo~a of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 6th day of January, I992, James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetherg moved adoption of the Re~olution. Seceoded by Council Member Nichoison. Cenind by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klueanor, Krieg, Nngle, Nicholson, Voetherg. Nays--None. Prcof of Publication certified to by the Publisher on Notice to Bidders on the Receipt of Bids for project and communica- tion of City Manager re~xmmcading to award conixact for project to Prism Corporation, presented and ~.d. Counoil Member Vcetherg moved that the proof of publication and communication he received and filed. Seconded by Council Memher Nicholson, Canled by the following Yeas---Mayor Brady, Council Members Deich, Kluesne~, Kring, Nngle, Nichol~on, Voe~he~g. Nays--None. RESOLUTION NO. 10-92 AWARDING CONTRACT Where~z, sealed proposals have been submitted by conlxectors for thc Eagle Point Wamr Hant Sludge Handling Building, Structural Rcpaffs pu~uant to Rasolution No. 390-91 and notice to bidders published in n newspaper in the City of Dubuque, Iowa, on the 19th day of Decemher, 1991; and Whe~cas, said sealed proposals were opened and read ~ the 30th day of December, 1991, and it has been determined that the bid of Prism Corp. of Klale~, Wiasomin, in the amount of $31,232 was the lowest bid for the funfishings of all labor and materisis and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec~inn 1. That the contract for the above improvement be awarded to Prism Co~p. and the City Manager bo and is hereby directed to execute a oomrect on behalf of the City of Dubuque for the complete pefformanc~ of the wo~ Section 2. That upon the signing of said conuact and the approval of the conUactor's bond, the City T~asurer is authorized and instrecw~d to retvxn the bid deposits of the unseceeas fni bidders. Passed, approved and adopled this 6th day of JanumT, 1992. James E, Brady Mayor Attest: Mazy A. Davis City Clerk Council Member Vcothe~g moved adoption of the Resolution. Seconded by Council Member Nich~son. Canind by the following vote: Yeas--Mayor Brady, Council Members Dnich, Klec~ner, Kring, Nngle, Nicbolson, Voethorg. Nays~None. Communication of City Manager recommending Urban Revitaiizallon desigantion for the former Holy Trinity Chinch convent, pre. cared and read. Council Member Vcotherg moved that the communication he received and filed. Seconded by Council Membe~ Kluesncr. Regular Session, January 6, 1992 12 Carried by the following vote: Yeas-~ouncil Members Kluesanr, Kring, Nicholson, Nagle, Voetherg, Nays--Mayor Brady, Council Member Dnich. Robert Goetzinger spoke objecting te proposed tax abutement. Teny Maim clarified reason for abatement reque~L RESOLUTION NO. 11-9~ A RESOLUTION: (1) FINDING THAT THE REHABILITATION OF THE HOLY TRINITY REVITALIZA- TION AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTtt, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY; (2) DETERMINING THAT SAID AREA MEETS THE ELIGIBILITY REQUIRE-MENTS OF SECTION 404.1 OF THE CODE OF IOWA; (3) ACKNOWLEDGI-~ PROPOSED PLAN FOR THE HOLY TRINITy REVITALIZATION AREA; (4) PROVIDING FOR A PUBLIC ItEARING AND PUBLISHED NOTICE; AND (5) WAIVING NOTIFICATION OF OCCUPANTS BY ORDINARY MAIL Whereas, Euchre lnvaslments, Ltd., an Iowa pa~nership, propose to substantially rehabilitate the former Holy Trinity Chinch Convent as an apartment haild~ng for lower income fandlles; and Whereas, the City of Dubuque has been requested to assist in such rehabilitation by designating thc property as an urban revitalization area which would ailow for property tax exemptions; and Whereas, Chapter 404 of the Cvde of Iowa, ~ Urban Revilaiization Act, reqaires that befo~ an a~a is designa~d a~ an urban revitalization area the City Couecfl must adopt a resolution fmding that the rehabilitation, censer-ration or ~edevulopment of the area is necessary in the interest of the public health, safety, or welfare of the residents of the City and that the area mec~ the ellgihillty criteria of the Act, and further the City must prepare a proposed plan for the designated revitalization area and schedule and hold a public hearing on said revitalization plan; and Whereas, the area proposed for designation under the Urban Revitalization Act in its current vacant detefioratnd state is a detriment to the public health and safety, constitetes both an economic and secini liability and if left un~hebilitated would sub~tantiaily impair the City's growth and ability to provide adequate housing facilities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ~ CITY OF DUBUQUE, IOWA: Sectin~l 1. That the rehabilitation of lhe hereinai~r des~ihed area is found to ha neorssmy in the interest of the health, safety or welfare of thc rasidents of the City which are~ is described as follows: Lot 467, Lot 468, the easteriy 10 feet of Lot 466, the northwes~rly 50 feet of Lots 427 and 428, and the pubic alley which adjoins and lies between Lots 427 and 428 and Lots 467 and 468. ~H la Ham's Addition in the City of Dubuque, Dubuque County, lowa, commonly known as 1724 Lincoln Avenue Section 2. That the Huly Trinity Revitalization Area as descsihed above meets the cllglbillty c'ilteria of Section 404.1 of thc Code of lowa, 1989. Section 3. That the proposed Urbon Revitalization Plan, Holy Trinity Revitalization Area, aUached hereto, shall he a matter of record and shall he available for public inspection in the Office of the City Clerk at City Hail, 13th and Central, Dubuque, low~. S~ctlon 4. That a public heaxing shall he held by the City Council on said plan on Fe~'uary I7, I992- Section 5. That offielel notice of the pendency of said plnn and the public heating shall be a true copy of this resolution, but without attach-m~nts referred to herein. St'dion 6. That ~ City Clerk is hereby authorized and directed to secure publication of said official notice in the Telegraph Herald, a newspaper of geecml circulation in the community, by publication of the text of this resolution ca or hefote the fifteenth day of January, 1992. Secllon 7. That the City Council does hereby de~mfine that as there are cmnmntly no occupants within the proposed area that the requirement for notification by ordinary mail he waived as permitted by Section 404.2,3 of the Code of Iown, 1989. Passed, aFffoved and adopted this 6th day of Janua~, 1992. Reg ' Session, j~s F. Bredy Mayor Member Vuntherg moved · Resetmiun and further se~ it n FetxUsry 17. 1992 st 7~0 · ~ the pultlc Libra~ Andi~i.'um. and dhect the City Cierk to publish no,ce m the nmnner p~seribed by law. Seunoded by Council Member Klunsner. Carried by the following vote: yeas--Council Members Kluesner, Krleg, Nickelson. Nngle, Voetbesg. Nays-Mayor Brady, Council Member Deich. MINU'IES SUBMITTED -- Cable TV Ragniat~ty Commission of 12-18; Elecfilcel Code Board of 12-16; Five Flags Commission of 12-16; Handicapped Parking Review Conu~ttee of 12-10; Mechanical Board of 12-10; Long Range Planning Commission of 12-17; Transit Trustee Board of 12-17; Zoning Board of AdjusUnunt of 12-9, presented and lead. Council Member Kfieg moved that the minutes be received and filed, Seconded by Council Member Voetherg. Can-ied by the following vole: Yeas-Mayor Brady, Council Members Dnich, Kluesnar, Kticg, Nagle, Nicholson, Voelberg. Nays--None. NOTICES OF CLAIMS/SUITS -- Kazun Babler in amount of $250.00 for vehicle damages; Nancy Bauer in amount of $67.10 for vehicle damages; Harold Blakeman in unknown amount for property damages; Cynthia Bo~hert hi amount of $104.74 for vehicle damage~;; Iowa DOT vs. City of Dubuque et al submitfiag Notice of Appeal of Condemnation Award; Richard Haskell in amount of $514.10 for vehicle damages; Jun~s loess in smount of $192.30 for property damages; Rhonda Lorenz in amount of $172.00 for pessunal hijaries; Linda Pape in amount of $42~50 for personal injuries; Kemn Stell iu unlmown amount for vehicle damages, presented and read. Council Member Vales moved that the claims be refen'ed to the Legal Staff for investigation and repo~. Seconded by Council Member Vo~therg. Canled by the followiag vote: Yuns -Mayor Brady, Council Members Dalch, Kluesner, Krleg, Nagla, Nicholsoa, Vunthorg. Nays--Noun. Communications of Ccnponniou Counsel reconunundlng setthimeat of following claims: Car damage of William I. McDermott in the amount of $113.14; Car damage claim of Judy Nemmea's in the amount of $517,41, presented and ~ad. 1992 Council Member Kfing moved that the conm~unicatioan be received and fried mid setderaant aHnoved with Finance Director to issue propar check. Secoaded by Council Member Vuntherg. Carried by the followiug vote: Yeas--Mayor Brady, Council Members Deich. Klunsner, Kfleg, Nagle, Nicholson, Vuntberg. Nays--~None. Commtmications of Cmporstion Counsel advising of refenni of following claims to Crawford & Conv0uny, the agent for thc Iowa Communities Assurance pod: Sewer backup claim of Jim Conzeti; personal injary claim of D~othy B. Copllunl Car damage claim of Kevin Ki~es; Car damage cialm of Pauie Lansor, Vehicle demage claim of Ore~ory & Debe~'ah Molzof; Plane damage claim of Northwest Airllnk; Civil Rights claim of Tim Patte~on; Car damage claim of Ward Aulo Brokers, Inc., presented and rend. Council Member Kfieg moved that the communications be received and filed. Seconded by Council Memb~ Voetber§. Carded by the following vote: Yeas--Mayor Brady, Council Members Dcich, Khiesner, Kfiag, Nnghi, Nicholson, Voetberg. Nays--None. Communication of Co~porsticn Counsel r~.omr~nding dehial of car damage claim of Travis Kapparos, presented and read. Council Member Kriag moved that the communication be n~.ived and filed and denial approved. Seconded by Council Member Voetbesg. Carried by the following vote: Yeas--Mayor Brndy, Council Member~ Dnich, Klm~sne~, Kriag, Nnghi, Nicholsen, Vuntberg. Nays-None. Ccmmunicagon of Brian Bakg submiuing his resiguntion f~om the Cable TV Teleprogramming Conmissiun, presented and ~.~d. Council Member Kaieg moved that he communication be received and filed and accepted with regret Seconded by Council Member Voetberg. Canied by the following vote: Yeas-~Meyor Brndy, Council Members Dnich, Kluesner, Kriag, Nagle, Nicholson, Voethe~. Nays---None. Communication of City Manager submitting Financial Report for the month of November, 1991, presented and ~ad. Council Member Kfieg moved that the onvnunication be received and filed. Seconded by Council Member Voetberg. Can'ied by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--~None. REFUNDS REQUESTED -- Suunycrest Manor in amount of $50.00 for enexpi~d Cigaret~ License and Thoma~ P, Vaassen, Regular Session, January 6, 1992 14 $50.00 for unexpired Cigarette License, presented and read. Council Member Kring moved that the refunds be approved and Finance Director to issue gropaa' checks. Seconded by Council Member Vuntherg. Canind by the following vote: Yeas---Mayor Brady, Council Members Dcich, Khiesner, Kfiag, Nngle, Nicbolson, Voetberg. Nays--None. Communication of Chaltparson of Leos Range Planning Commission updating the Council on the activities of the Riverfnmt Development Subcommitlee and r~questing Council to complete a survey, t~esented and read. Council Member Kfieg moved tha~ the communication be received and filed. Seconded by Council Membe~ Voetherg. Ca~rled by the following vote: Yeas--Mayor Brsdy, Council Members Dcich, Kluesr~r, Kfiag, Nagle, Nicholson, Voetberg. Nays--None. Communication of City Manager requesting to submit delinquent sewer accounts to the Dubuque County Treasu~r, presented and mad. Council Member Kfieg moved that the communication be received and filed. Seconded by Co~ncfl Member Voetberg. Canled by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 12.92 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT SEWER ACCOUNTS IN ACCORDANCE WITH SECTIONS 44-83 AND 44-86 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. Whereas, Section 44-83 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rates or rentals upon all lots, parcels or real estate and buildings that are connected directly or indireedy with the sanitary sewer system; and Wbereas, Section 44-86 of the Code of Ordinances provides that the City shall have a lien upon the real propatty served by the sanitary sewer system for all delinquent rates and charges; and Whereas, delinquent sewer charge~ shall be certified as of December 31st of each year by the City Clerk to the Dubuque County Treasurer for collection with, and in the sam~ manner as, general pmpany taxes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seciinn 1. That the persons hercina~er unn~d, owning thc following d~cribed property, have unpaid sewer charges in the amount set out and that said charges are delinquent Se~in~ ~. That the City Clark be and is hereby orde~l and directed to certify to the County Treasure~ of Deboque County, Iowa, that the parsons n~unnd herein are delinquent in the payment of sewer charges in the amoun~ set forth above and that said delinquent sewer charges shadl be collected in die same manner ~s general property taxes against the respective parcels of propany set opposite die name of the property owner. Se~lo~ 3. That the delinquent sewer charges shall be collected with, and in the same manner as, general proparty taxes as provided by law. Passed, approved and adopted this 6th day of January, 1992. Jam~s E. Brady Mayor Attest: Mary A. Davis City Clerk ~ouncll Member Kricg moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nagle, Nicholson, Voetbe~g. Nays~None. Communication of City Manager requesting to submit delinquent g~xbage and refuse collection accounts to the Dubuque County Trcasure~, presented and read. Council Member Krieg moved that the communication be rcccived and filed. Seconded by Council Member Voetberg. Carried by thc following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kriag, Nngle, Nicholson, Voetberg. Nays--None. 15 Regular Session, January 6, 1992 Regular Session, January 6, 1992 16 RESOLUTION NO. 13-92 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE AND REFUSE COLLECTION ACCOUNTS IN ACCORDANCE WITH SECTION 22- 36 AND 22-37 (d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Wbe~, City garbage and refuse coHecfico from residenfini pren~ses, as defined in the Code of Ordiunuces of the City of Dubuque, lows, is mundatmy; and Whex~s, as of Decembe~ 31st of each year, delinquent garbage and refuse coliuntieo charges shall be c~ified by the City Clerk to tho Dubuque County Treasup~ for coBection with, and in the same manner as general property taxes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons named hor~inunder, owning the property thereby set forth, are delinquent in the payment of refuse Se~ilon 2. That the City Cin~k be and is be~eby ordesed and ~ to ~fy to ~e Co~ T~ of Dub~un ~un~, low~ · at ~o ~ons ~ h~n~f~ ~ de~qmnt in ~e ~nt of ~f~ ~H~fi~ ch~ges in ~c ~nt set ~i~ of · c ~s~five n~s, ~d ~at ~d ~ sh~ ~ ~H~ in ~c ~ ~r ~ Se~ ~ ~cs ~sns~ ~e ~ve ~ls of ~ set ~i~ ~ ~s of ~e owen. Passed, approved and adol~zl this 6th day of January, 1992. lan'~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seceoded by Council Member Veetberg. Ca~ed by the following vote: Yea~--Mayor B~dy, Covn~il Members Deich, Kinesner, Kring, Nagin, Nicholson, Voetburg. Nays--None. Communication of City Manager requnsting approval of a renewal ccoUact with the Iowa Department of Public Health for funding of the Local AIDS Preventative Health Program through the City's Health Servicos Division, presented and read. Council Member Faieg moved that the communication be received and filed. Seconded by Ccon¢il Member Vcotberg. Canied by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 14-92 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUHDING OF A LOCAL AIDS PREVENTATIVE HEALTH PROGRAM. Whereas, the Iowa Department of Public Health has offered to provide financial suplx~t for local AIDS Preventative Health and Education Programs in the City of Dubuque; and Whereas, the City of Dubuque desires to establish and maintain such local AIDS Preventetive Health and Education Programs; and Whereas, the Iowa Department of Pul~ic Health has presented the City Health Services Division proposed contracts for funding, a copy of which is atiached hereto, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sedllm 1. That the City of Dubuque, lows, hereby approves the attached AIDS Preventative Health Contract between the Iowa Department of Public Health and the City of Dubuque, Iowa. Section 2. That the City Manager or his designee is hereby authorized and directed to execute said contracts on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of January, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krlag moved adoption g of the Resolution. Seconded by Council Member Voetburg. Canled vote: Yeas--Mayor Brady, Coundl h De/ch, Kluesne~, Kdeg, Nagle, Voetberg. Nays--Noun. Peat/on of Dubuque County Board of Supervisors requesting to proceed with the remodeling, and utilize financing from the financing pool for the E-911 system, pr~ented and read. Council Member Krlag moved that the petition be refen~ to the Budget process. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Bredy, Council Members Deich, Kinesner, Kring, Nagin, Nicholson, Voetberg. Nays---None. Copy of Procianmtion signed by Governor Terry Branstad proclaiming week of January 13 through 20, 1992, as "Week of Reconciliation" throughout the State of lows, presented and read. Council Member Kfing moved that the copy be received and filed. Seconded by Council Member Voetberg. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krlag, Nagle, Nicholson, Voetberg. Nays---None. The City Manager submitted the Five Year CIP and requested work session which, upon consensus, was set for Wednesday, January 22, 1992 at 6:30 - 8:30 p.m. There being no further business, Council Member Nicholsco moved to adjourn the meeting. Seconded by Council Member Voetberg, Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klunsner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Meeting adjourned at 11:46 p.m. Mary A. Davis City Clerk Attest: Special Session, January 13, 1992 DUBUQUE COUNCIL OFFICIAL PROCEEDINGS Speci.1 Council Meeting, Junt~7 13, 1992. Council Met at 7:00 p.m., Five FlaBs Civic Center Majestic Room. Present: Mayor Brady, Council Memb~s Nngle, Nicholson, Voetberg, City Manager W. Kenneth Oearhaxt, Corporation Counsel Bar~y A. Lindahl. Absent:. Council Members Deich, Kluesner, Krleg. Mayor Brady read the call and stated {his is a Special Session of thu City Council called for the purpose to give final direction regarding the Recycling Program effective April 6, 1992 and acting upon such o{her business which may properly come before the Council. Council Member Nicholson moved that the rules be suspended to allow anyone present to address the Council if &ey so desire. Seconded by Council Member Voetbe~g. Canied by the following vote: Yeas--Mayor Brady, Council Members Nngle, Nicholson, Voetberg. Nays--Noun. Absent-.Council Members Deich, Kluesner, Krleg. Communication of City Manager clarifying the diffemnee between a voluntary and a mundatocy curbside recyclinll pregesm and explaining the City's approach and program design, presented and reed. Council Member Nicholsen moved that communication be received and flied. Seconded by Council Member Nngle. Carried by the following vote: yeus--Mayor Brady, Council Members Nnglu, Nichoiaon, Voetberg. Nays--Ncoe. Absent--Council Members Deich, Kleesunr, Krlng. Paul Scholtz, 1008 Victoria, spoke to {he proposed recycling program. Council Member Nicholson moved that they iustitete voluntary recycling program for one year with mandatory payment. Seconded by Council Member Nngle. Carried by the following vote: yeas--Mayee Brady, Council Members Nngle, Nicholso~ Voetberg. Nays--None. Absent--Council Members Deich, Kluesner, Krieg. Communicailon of City Manager cecomn~nding a conlractor for {he processing and marketing of recyclables in {he city-wide cusbslde recycling programs, presented and ~cad. Council Member Nicholson moved that {he communication be reeeived and filed. Secooded by Council Member Nngle. Carried by the following vote: yeas--Mayor Brady, Council viembars Nngle, Nicholson, Voetherg. Nays-~Noue. Absent--Council Members Dnich, Kluesner, Valng. RESOLUTION NO. 15-92 RESOLUTION APPROVING AN AGREEMENT FOR PROCESSING AND MARKETING OF RECYCLABLES BETWEEN THE CITY OF DUBUQUE AND ENVIRONMENTAL RECYCLING CORPORATION Whcu~ss, the City of Dubuque will provide a City-wide curbside collection of recyclables to City refuse customers effecllve April 6, 199:2; and Whereas, {he City of Dubuque needs {he se~vicee of a private conffactor to provide for {he processing and markeilng of ~ecyclables collected by {he City; and Whereas, {he City of Dubuque during November 1991 asked for proposals from interested pa~des for providing processing and ma~keilng services to {he City of Dubuque; and Whereas, tho City of Dubuque received throe responses to the request for proposals; and Whereas, {he best and most responsive proposal was received from Environmental Recycling Corpo~ailon located at 5200 Wolff Road, Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque wishes to ente~ into a iluee year agreement with Environmental Recycling Coxp~ailon for processing and rmuckeilug of recyclables which are to be delivered by the City to {h~r matemials recovo.~y facility located at 5200 WolffRoed, Dubuque, Iowa. Special Session, January 13, 1992 18 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council authorize and approve entering into a three year ngre~mcnt with Environmental Recycling Coq~oration to provide processing and marketing of recyclables at $33.00 per ton, Section 2. That {he City Manager of the City of Dubuque, Iowa, ia hereby authorized and directed to execute such agreement with Environmental Recycling Corporation in behalf of the City of Dubuque. Pa~sed, approved and adopted this 13th day of January, 1992. James E. Brady Mayor Attest: There being no further business, Council Member Vaetberg moved to adjourn the meeting. Seconded by Council Member Nicholson. Carded by the following vote: Ye~--Mayor Brady, Council Members Nngle, Nicholson, Voetberg. Nays--None. Absent--Council Members Deich, Kluesner, Kring. Meeting adjourned at 8:37 p.m. Maxy A. Davis City Clerk 1993. Mary A, Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded Council Member Nicbeiaon. Carded by following vote: Yeas--Mayor Council Members Nngle, Voetberg. Nays--None. Absent--Council Members Deich, Kluesunr, Krieg. Council Member Vcetberg moved {hat it be resolved to defer discussion on the cost of the recycling program and overall solid waste fee to the 1993 Budget Process. Seconded by Council Member Nichol~on. Carried by the following vote: Yeas--Mayor Brady, Council Members Nagle, Nichelson, Vo~therg. Nays--None. Absent--Council Members Deich, Kluesner, Krieg. Regular Session, January 20, 1992 20 CITY OFDUBUQUE BOARD OF HEALTH QUARTERLY MEETING Regular Quarterly Health Board Meeting, January 20, 1992. Board met at 7:25 p.m. Public Libra~ Aud~tmium. Present: Chsirpe~on Brady, Bosrd Members Delch, Klue~ner, Nagle, Niciolsola ~ Voetberg. Absent: B~ard Member Kaleg. Chairperson Brady read the call and stated that this is thc Regular Quarterly Meeting of tho Board of Heelth cadled for the porpuse to act upon such business which may properly come before the Beard. The~e being no business to come before the Board at this time, Board Member Nicholson moved that the meeting adjourn. Seconded by Council Member Nagle. Carried by the following vote: Yeas-- Chairperson Brady, Boards Members Deich, Kluesner, Nagle, Nicholson, Veetbcxg. Nays--None. Absent--Board Member Kfieg. Meeting adjourned at 7:27 p.m. Mary A. Davis Secretary, Board of Health 21 Regular Session, January 20, 1992 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, January 20, 1992. Council met at 7:30 p.m. Public Library Auditorium. Present: Mayor Brady, Council Members Dutch, Kluesner, Nngle, Nicholson, Voctberg, City Manager Gearhart, Co~oradon Counsel Barry A. Lindahi. Absent: Council Member Krieg. Mayor Brady lead the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation wm given by Dr. Winston D. Persaud, Associate Professor of Systematic Theology at Wartbu~g Theological Seminary. Council Member Nicholson moved to suspend the rules to allow anyone present to address tho Council if they so desire. Seconded by Council Member Naglc. Canied by the following vote: Yeah-Mayor Brady, Council Members Dutch, Klucsnar, Nagic, Ninholson, Veotberg. Nays--None. Absent---Council Membe~ Kricg. BOARDS AND COMMISSIONS PLUMBING BOARD - One term to expire 11-2-94 (At Large Vacancy - Term of M. Steve) and One Term to Expire 11-2-94 (Journeyman Term - Term of D. Bncchole). Two vacancies. Applicants - At Large. David A. Buanhcie. Edward "Terry" ltillary. Mike Steve, Ray Ryan, William Ryan. Vote for At Large Term: Mayor Brady voted for Buocbele. Council Member Deich voted for Bueckele, Council Member Klansner voted for ltiilary. Council Member Nagin voted for Steve. Council Member Nicholsou voted for Steve. Council Member Voetberg voted for Steve. There being no majority vote a second vote was taken: Mayor Brady voted for Steve. Council Member Dcich voted for Steve, Council Member Klansner voted for Steve. Council Member Nagle voted for Steve. Council Member Nicholann voted for Steve. Council Member Voetberg voted for Steve. Thexefore, Mike Steve reappointed to the Plumbing Beard in the At Large capacity for a term to exphc 11-2-94. Journeyman Applicants: David Buncbele, Edward "Ten-y" llillary, Ray Ryan, William Ryan. Vote on the appointment was as follows: Mayor Brady voted for Buecbele. Council Member Deich voted for Buecbele. Council Kinesner voted for Buechule. Council Member Nagle voted for Bncchele. Cotmcli Member Nicholson voted for Buecbele. Council Member Voetberg voted for Buecbele. Therefor, David Buecbele reappointed to the Plumbing Boa~d in the Journeyman capacity for a term that will expire 11-2-94. TV CABLE COMMUNITY TELEPROGRAMMING - One Unexpixed term which will expire 6-30-92 (Term of D. Baker). One vacancy. Applicants: Floyd R. Cook, Kan Qansncil. Vote on the appointment was as follows: Mayor Bredy voted for Cook. Council Member Deich voted for Cook. Council Member Kinesner voted for QuesnelL Council Member Nagle voted for Cook. Council Member Nicholson voted for Cook. Council Member Vcetberg voml for Cook. Themfo-x, Floyd R. Cook appointed to the TV Cable Community Tuleprngramming Commission for an unexpired term which will expire 6-30-92. Peririon of Council Member Donald Dalch reqnesting to thscass "Conflicts of Interest" concerning the Human Rights Commission. spoke requiring an Attorney's opinion. Mayor Brady moved that the e received and filed and that Mr. Lindafil is to contect the Attorney General to ilscuss the nmtter and get an opini~o. Seconded by Council Member Nngle. Canied by the following vote: yeas--Mayor Brady, Council Members Dnich, Kleosner, Nagie, Ninholson, Voutbe~g. Nays--None. Absent--Council Member Kring. Petition of Te~y Kelly ~luesfing to address the Council to present a "Pw- Majority Plan", presented with no action taken. David Troy spoke. Council Member Ninhulson moved that thc petirion be received and filed. Seconded by Council Member Nagie. Vote on the motion was as follows: Yeas--Mayor Brady. Nays---Council Members l~ich, Kluesner. Nagie, Ninholsou, Voetherg. Morion failed. Petition of Robert Risinger requesting to address the Council regarding inability to find a job in the City, presented and read. Regular Session, January 20, 1992 22 Mr. Riainger spoke to the peririou. Council Memb~ Nicholson moved that the petition be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Nagie, Nicholsoo Voetherg. Nays--None. Absent---Counci Member Kileg. Communication of Eldon He,rig, Charon of Dubuque County Board of Supervisors requesting that the ad hoc commiRec which is appointed to invesrigate the investment policies of the City also include tbe County investment policy, l~esented and read. Council Member Voetbe~g moved that the communication be received and filed and request rejec~d. Seconded by Council Member Nicholson. Carried by the following vote: Yeas---Mayor Brady, Council Members Kluesner, Nagie, Ninholson, Vcetberg. Nays--None. Ab~taln---4~ouncil Member Dalch. Absent--Council Member Kring. Co~nmunication of City Manager requesting adoption of an Ordinance amendment to increase thc hotel-motel tax from 5 percent to 7 percent effective April 1,. 1992, presented and read. Coundl Member Kluesnc~ moved ~at the communication be received and filed. Seconded by Council Member Nicbelson. Carried by thc following vote: Yeas--Mayor Brady, Council Members Dcich, Klucsncr, Nagle, Nicholsou, Voctberg. Nays--None. Absent---Council Member Kfing. An Ordinance amending Code of Ordinances by adopting in lieu thereof new Sections 43-51, 43-52 and 43-53, providing for the levy of a Hotel and Motel Tax of seven percent (7%), presented and rca& (OFFICIAL PUBLICATION) ORDINANCE NO. 5-92 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEAL-lNG SECTIONS 43-51, 43-52, AND 43-53, RELATING TO THE HOTEL AND MOTEL TAX, AND ADOPT-lNG IN LIEU THEREOF NEW SECTIONS 43-51, 43-52, AND 43-53, PROVIDING FOR TIiE LEVY OF A HOTEL AND MOTEL TAX OF SEVEN PERCENT (7%) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sections 43-51, 43-52, and 43- 53 of the City of Dubuque Code of Ordiannces are hereby repealed. Section 2. The following new Secticos me bemby adopted. See. 43.51. Definitions. As used in this article, the following terms shall have thc mcanlngs indicated: Hotel and motel shall be deemed to mean any hotel, motel, inn, public lodging house, rooming house or tourist court, or any pi$ce whore sleeping accommodations are fmnished to transient guests for rent, whether with or without meals, except sleeping rooms in dormitories and in memorial unions of all state universities and colleges. Renting and rent shall include any kind of direct or indirect charge for any room, apartment or sleeping quarter in a hotel or motel as defined in this Section. Sec. 43-52. Levy. A tax is hereby imposed upon the gross receipts from tho renting of any and all roon~, apartments or sleeping quarters in any hotel or motel as defined in section 43- 51 at the rate of seven percent of such gross receipts derived from the renring of a room, apartment or sleeping quarters while rented by the same person for a period of not more than thirty-one (31) consecutive days. Sec. 43-53. Payment. Such tax shall be paid as is provided in Iowa Code Chapter 422A. Section 3. This Ordinance shall lake effect on April 1, 1992. Passed, approved and adopted this 20th day of Janumy, 1992. Attest: Ma~y A, Davis City Clerk James E. Brady Mayor Published officially in the Telegraph Herald newspaper this 24th day of January, 1992. Mary A. Davis It 1/24 City Clerk Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a 23 Regular Session, January 20, 1992 proposed Ordinance be considered and voted on for passage at two council meetings prior to tho meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member blicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Naglc, Nicholson, Voctbcrg. Nays--None. Absent---Council Member Kficg. Communication of City Manager requesting Council to give preliminary approval on the request of Mr. Donald Herbst to purchase Lot 281 of East Dubuque Addition 6~2 and the abutting poxfiops of Maple Street and the alley west of Mapln Sueet, presented and reed. Council Member Voetberg moved that the communication be received and filed and give preliminary approval and refer it to the City Manager. Seconded by Council Member Khiesocr. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klocsner, Nagie, Nicholson, Voetberg. Nays--None. Absent--Council Member Krlng. Communication of City Manager recommending alternate side parking regulations on Locust Street between Dodge Street and Jones Street be eliminated presented and l~ni. Council Member Voutberg moved that the communication be received and filed. Seconded by Council Membea' Nicholson. Carried by thc following vote: yeas---Mayur Brady, Council Members Doich, Kluesne~, Nagle, Nichoison, Vcetberg. Nays--None, Absent---Council Member Kxiag. An Ordinance Amending Cede of Ordinances by deleting parts of Jones Street and Locust Street from subsections (b) and (c) of Section 32-285 tbereof providing for alternate side st~ct parking, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 6-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING PARTS OF JONES STREET AND LOCUST STREET FROM SUBSECTIONS (b) AND (c) OF SECTION 32~285 THEREOF PROVIDING FOR ALTERNATE SIDE STREET PARKING NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordinances of the City of Dubuque, Iowa be amended by deleting Jones Street and Locust Stn~et from Subsections Co) and (c) of Section 32- 285 thereof as follows: "See. 32-285. Alternate Side Street Parking. (b) When signs are erected giving notice thereof, no parson shall pa~ a vehicle between the hours of 1:00 a~m. to 6:00 a.m. Monday, Wednesday or Friday upon the following sffcets: Jones Sire. et, south side, from Bluff Street to Main Street Locust Street, west side, from Fourteenth Street to Dedge Street (o) Wben signs are erected giving notice thereof, no prcrson shall pink a vehicle between the hours of 1:00 a.nx to 6:00 a.m. Tuesday, Thursday or Saturday upon the following Jones Street, north side, from Bluff Street to Main Street Locust Street, east side, dom Fourteenth Street to Dedge Street Section 2. That the Cede of Ordinances of the City of Dubuque, Iowa be amended by adding Jones Street and Locust Street to Subsections (b) and (c) of Section 32-285 thereof as follows: *'Sec. 32-28~. Alternate Side Street Parking. (b) When signs a~ c~ceeteA giving notice thereof, no person shall park a vehicle between thc hours of 1:00 a.m. to 6:00 a.m. Monday, Wednesday or Friday upon the foilowing streets: Jones Street, south side, from Main Sea, et to Hallson Street Locust Stray, et, west side, from Fourteenth Street to First Street (c) Wben signs are erected giving notice thereof, no person shall park a vehicles between thc hours of 1:00 a.n~ to 6:00 a.m. Tuesday, Thursday or Saturday upon the following Regular Session, January 20, 1992 24 Jones St~et, north side, from Main S~et to Harrison Succt Locust Sueet, west side, from Forth Street to First Street Passed, approved and edopted this 20th day of January, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24~h day of January, 1992. Mary A. Davis It 1/24 City Clerk Council Member Voetberg moved that this be considered the first xeading of the Ordinance, and that the requirement that a proposed Ordinance be coosidered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Nicholsou. Carried by the following vote: Yeas---Mayor Brady, Council Members Duich, Kluesner, Nngle, Nicholson, Voetberg. Nays--None. Absent--Council Member lC6ag. Communication of City Manager recomreending to approve designating both sides of Stewart Street from Delhi Street to a point 120 feet north of Delhi Street as a two hour time zone, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Nagie, Nioholson, Voetberg. Nays--None. Absent~uncil Member Kting. An Ordinance Amending Code of Ordinances by adding Stewart Sheet to subsection (c) of Section 32-262 thereof providing for two hour parking, presented and re~. (OFFICIAL PUBLICATION) ORDINANCE NO. %92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING STEWART STREET TO SUBSECTION (c) OF SECTION 32- 262 THEREOF PROVIDING FOR TWO HOUR PARKING NOW THEREFORE, BE iT ORDAINED BY TtlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That thc Cede of Or'db,ances of the City of Dubuque, Iowa be amended by adding Stewart Street to Sub~ction (c) of Section 32-262 thereof as follows: "See. 32.262. Prohibited on Designated Streets or Portions Thereof. (c) Tirc~ zones designated Two-Hour Time Zone Stewart Stoat, beth sides, from Delhi Street to a point one hundred twenty (120) feet north of Delhl Street Passed, approved and adopted this 20th day of January, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of April, 1992. Mary A. Davis It 4/24 City Clerk Council Member Voetberg moved that this be considered the first reading 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 further moved final adoption of the Ordinance. Seconded by Council Member Kluesnor. Carried by the following vote: Yeas--Mayur Brady, Council Members Dcich, Kluesner, Nagle, Nicholson, Voetberg. Nays--None. Absent--Counuil Member Kxleg. Communication of City Manager requesting further direction pertaining to Southern Avenue property, presented and read. Council Member Kluasner moved that it be resolved to rescind offer to purcbeae and let it remain aa State property. Seconded by Council Member Nicholson. Canied by the following vote: Ye. as~Meyor Brady, Council Members Duich, Klueaner, Nnghi, Nicholson, Voetberg. Nays--None. Absent~ouncil Member Kfing, 25 Regular Session, January 20, 1992 Communication of City Manager requesting spl~ovni to execute a CDBO Loan A~.reement with EDS Co~p. and a CEBA Forgivable Loan Agreement with the low& De~nt of Economic Development and EDS Corp., p~scoted and read. Council Member Klocaner moved that the communication be recdved and filed. Seconded by Council Member Nicholson. Canied by the fnilowing vote: Yeas--Mayor Brady, Council Members Deich, Kinusocr, Nagia, Nichol-sou, Vcet~rg. Nays--None. Absent--Council Member lOing. RESOLUTION NO. 16-92 RESOLUTION AUTHORIZING THE EXECUTION OF A coMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH ENGINEERING DATA SYSTEMS CORPORATION Whereas, under provisions of Title I of the Housing and Community Development Act of 1974, ss amended, the City of Dubuqoc has received Community Development Block Grant funds for the purpose of stimulating economic development activities within the community; and Whereas, tho City of Dubuque, Iowa desires te assist Engineering Data Systems Corporation in its efforte to relocate and expand its enistlng computer software development operatlcos; to create permanent employment opportunltl~ for Iow and moderate income eltlzcos; and to expund the existing tax base of the community; and Whereas, a Loan Agreement hereto attached and by this reference rrmde a part bereof, is to be execu~l by Engineering Dam Systems Corporation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they ~ hereby authorized and dlteeted to execute, on behalf of the City of Dubuque, lows. an agreement awarding a $125,000 loan to Engineering Data Systems Coq~oratlon. Sedilou 2. That the City Manager be and he is hereby anthmized to disburse loan funds from the Community Developn~nt Block Grant entitlement fund in acoc~dence with the terms and condillous of the executed Loan Agreemcot. p~ed, ~p1~oved and adopted this 20th day of January, 1992, James E. Brady Mayor Mary A. Davis City Clerk Council Member Klocsner moved edoptlou of the Reanlutiou, Seconded by Council Member Nicholson. Carried by the following vote: Yuss--Mayor Brady, Council Members Delch, Kluesocr, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 17-92 RESOLUTION AUTHORIZING THE EXECUTION OF A cOMMUNITY ECONOMIC BETTERMENT ACCOUNT FORGIVABLE LOAN kGREEMENT WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND ENGINEERING DATA SYSTEMS CORPORATION Wbereas, the Community Economic Belten~nt Account (CEBA) program has been created by the Iowa Department of Ecouomic Development to assist in the ecooomic development efforts of local jmisdictlons; and Whereas, on luly 18, 1991 the City of Dubuque. lowa was awarded a $110,000 forgivable loan from the Community Betterment Account program by the lowa Department of Economic Development; and Whereas, the City of Dubuque, lowa dashes to assist Engineering Data Systems Corporation in its efforts to relocate and expand its existing computer software development operations and to create for its cifi~ns; and Wbereas, a Forgivable Loan Agreement is to be executed betweun tbe Iowa Department of Economic Development, Engineering Data Systems Coq~oration and the City of Dubuque, Iowa, a form of which is hereto attanhed and by this reference made a part hereof. NOW THERFaheRE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Mayor and City Clerk be and they am hereby authorized and Regular Session, January 20, 1992 26 directed to endorse the acceptance of the City of Dubuque, Iowa upon the Forgivable Loan Agreement, a form of which is hereto attached. Seetlon 2. That the City Manager be and he is hereby authedzed to disbm-se grant funds to Engineering Data Systems Corporation from the Community Economic Betterment Account Program in aeea~ance with the terms and conditions of the executed agreement Passed, approved and adopted this 20th day of January, 1992. Mary A, Davis City Clerk Council Member James E. Brady Mayor adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluezocr, Nagie, Nicholson, Voetberg. Nays--None, Absent -Counell Member Krieg. Communication of City Manager reporting on states of negotiations with Robert Kehl and advising of need for further direetlou, presented and read. Council Member Voetberg moved that the communication be ~ecoived and filed and recommended that none of the eight items be setded until all is done in entirety. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Member~ Delch, Kluesner, Nngle, Nicholson, Voetberg. Nays--None. Absent--Council Member Krieg. A Resolution of Necessity finding that the Fourth Street Pedinsula is a blighted area and that redevelopment of said mea is necessary in the interest of the residents of the City of Dubuque, Iowa, said Resolution tabled from meeting of 1-6-92, presented and reed. Council Member Voetberg moved that the matter be further tabled to meeting of February 3, 1992. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Kluusner, Nag)e, Nicholson, Voetberg. Nays--None. Absent--Council Membo' Kfiag. City Manager to discuss dates for scheduled Work Sessions and Budget Work Sessions, presented and read. Upon consensus it was decided to schedule all the Work Scssinns on Saturdays and the Budget Public Heauing on Felmu~ 29th. RESOLUTION NO. 18-92 NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having coropfied with the provisicos of law relating to the sale of Cigarettes within the City of Dubuqno, Iowa, be granted a permit to sell Cigaret~s and Cigarette Papers within said City. Pasta O'Sheas Kahn Family Enterprises 9th and Bluff St. Passed, approved and adopted this 20th day of January 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Nagie, Nicholson, Voetberg. Nays--None. Absent--Council Member Krieg. RESOLUTION NO. 19-92 Whereas, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, The premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That thc Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Iowa Oil Company IOCO Spe~d¢/ihopl~ Passed. approved and adopted this 20th day of January. 1992. James E. Brady Mayor Attest: May A. Davis City Clerk C. ounoil M~mber Kluesn~r moved ~ of ~ Ro~lufion. ~nded by Co~ ~ Nich~son. ~d by ~e f~o~ vo~: y~May~ Brady, Co~ Mom~ D~ch, ~u~ner, Naglo, Nicholunn, V~tberg. Haya~Noun. Ab~nt~n~ Mem~ ~eg. ~OLUTION NO. ~0-91 W~, a~fions f~Liquor ~cungs ~ve ~ su~ m ~ Co~cil f~ a~ov~ ~d ~e ~ ~ve ~n ex~and W~, ~ ~ to ~ ~u~ed by such a~ ~m in~ ~d found m ~ly ~ ~e Sm~ ~w ~d ~ Oty ~n~S mlev~t ~em~ ~d they haw NOW, T~O~, BE ~ ~SOL~D BY T~ CITY COUNCIL OF THE CITY OF DUBUQ~, IOWA: ~ ~e M~er ~ un~ofi~ to cause m ~ iss~ ~e foBo~g n~ applic~ a ~q~ ~me. CLASS "B" ~ I~ E. Brady May~ ARest: Mary A. Davis City Clerk Council Momber Kluesner moved adopilun of the Resdiuilun. Seconded by Council Member Nicholson. Canied by the foBowing vote: yeas--Mayor Brady, Council Members Dcich, Klnosner, Nagla, Nicholson, Voctborg, Nays--None. Aba~nt--Cunn~il Member Krieg. Proof of Publicailon certified to by the Publisher on Notice of Heating on Plans and Regular Session, January 20,~1992 Specifications for the Bunker Hill Building Roaiding Proj~t, presented and read. There were no objections received and no oral objectors presunt at the ~ of thc Hearing. Council Member Vootberg moved that the p~oof of publication be received and filed. Sounmied by Council Member Kbiesnor. Carrlud by the following vote: yeas---Mayor Brady, Council Members D~ich, Klunsner, Naglu, Nicholson, Vuntberg. Nays--None. Absunt--Couecil R~SOLUTION NO. 21-92 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on tho 2mi day of December, 1991, plans, specifications, form of conttaet and estimated cost were filed with the City Clerk of Dubuqun, Iowa, for the Bunker Hill Building Residing Project. wHEREAS, nofec of hearing on plans, specificatioes, form of contr~c~md~dv estimated cost was published as requLve~ y law. NOW, THERI~ORE, BE 1T RESOLVED BY THE cITY couNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, spexifioations, form of contract and estimated cost am hereby approved as the plans, specifications, form of contract and estimated test for said improvements for said project. passed, Adopted Ami App~ved this 20th day of lununry, 1992. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetbelg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by thc foBowing vote: yeas--Mayor Brady, Council Members Deich, Kluesnor, Nagle, Nicholson, Vootborg. Nays--None. Abgnt---Coun~il Member Kdeg. Proof of Publication cexlified to by the Publisher on Notice to Bidders of the Receipt of Bids for the project and communication of City Manager recomn~nding to award conUact for p~ject, presented and read, Council Member Vcotbe~g moved that the proof of publication and communication be ~v.~c. dived and filed. Seconded by Council Member Kbiesnor. Regular Session, January 20, 1992 28 Carried by the following vote: Yuan-- Mayor Brady, Council Members l~ich, Klnesnor, Nagla, Nicholson, Voetberg. Nays--None. Absent--Council Member RESOLUTION NO. 22-92 AWARDING CONTRACT WHEREAS, sealed proposals have been subealtted by contractors for the Bunker Hill Building Residing Project pursuant to Resolution No. 373-91, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on tho 20th of December, 1991. WHEREAS, said sealed propo~ls wore opened and read on the 7th day of lunuas'y, 1992, and it has been de~ermined that the bid of Zephyr Aluminum Products, Inc., in the amount of $33,500, was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement b~ aw~ded to Zephyr Aluminum Products, Inc., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete parformance of the work. BE IT FURTHER RESOLVED: That upon tho signing of said conuact and the approval of the contractor's bond, the City Treasmer is authorizod and instructed to ret~n thc bid deposits of the unsuccessful bidders. Passed, approved and adopted this 20th day of Januaty, 1992. lam~s F~ Brady Mayor Mary A. Davis City Clerk Council Member Vo~tberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: yeas-Mayor Brady, Council Members Dcich, Kluesncr, N~gle, Nicholson, Vo~tberg. Nays--None. Abs~nt---Council Member IOieg. Proof of Publication ceriffied to by the Publisher on Notice of Public Hearing to consider disposing of City's interest and vacate the unused utility ea~mant in part of NortiLmnge Subdivision No. 1, presented and read. There were no written objections rez~ived and no oral objectors present at the ilma of the Heating. Council Member Klecsner moved that the proof of pubilcation bo received and fled. Seconded by Coundil Member Voetberg. Carried by tho following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Naglu, Nicbolson, Vo~tberg. Nays--None. Absent---Council Member Kaiog. RESOLUTION NO. 22.92 Whereas, pursuant to re~olution and published notice: of time and place of heating, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on thc 10th day oflanuary, 1992, the City Council of thc City of Dubuque, Iowa met on the 20th day of lanum~y, 1992, at 7:30 p.ro. in thc Public Library Auditorium, llth and Locust. Dubuque, Dubuque County, Iowa to consider thc proposal for the vacation and release of mid estate described as: Unused utility eaanmcnts in Lot 2 and Lot 5 of Northrange Subdivision No. 1 in thc City of Dubuque, as shown on Exhibit "A" attached being a copy of recorded instrument #260-84 in the office of the Recorder of Dubuque County Whereas, the City Council of the City of Dubuque, Iowa overraled any and all objections, oral or wxit~en, to the proposal to dispesc of interest of the City of Dubuque, Iowa, in thc hercinabovc described real estate to Michael E. & Sara A. Ponzen. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That thc disposal of thc interest of the City of Dubuque, Dubuque County, Iowa in real property described as utility easements on Lot 2 and Lot 5 of Northnmgc Subdivision No. 1 in thc City of Dubuque, Iowa ~s shown on Exhibit "A" to Michael E. & Sara A. Portzen be and the same is bereby approved for the cost of publication and filing fees. Secilon 2. That the Mayor be authorized and dirccted to execute a Rele. asc of Easement, and the City Cierk be and is hereby authorized and directed to deliver said Release to the above named grantees upon ~:dipt of the above fees. 29 Regular Session, January 20, 1992 Se~io~ 3. That the City Cin~k be and is hereby anthoBzed ~d ~ to ~d a ~fi~ ~y of ~s ~ufl~ in ~e office of ~ ~ ~s~, Dub~ue Cowry R~ ~ ~ Dub~ue Co~ Au~tor. ~y of J~, I~. J~s E. Bray Mayor ~fi~ of ~ RasPutin. S¢~nded by Co~c~ Mem~r V~t~rg. C~ed by the foHo~ vo~: y~Mtyor Bredy, Nichohon, V~tbe~8. Nays~None. Ab~nt~n~ Mem~r ~f of ~b~fion ~fi~ to by ~ Pu~sh~ on N~ of Pubic H~ng to Ho~o" ~d Kanji to ~o ~S Pefi~on of Dubuque H~e ~ety ~ng at a ~nn~ sh~ ~ md~" d~ ~m ~e deflation of "Kennel"; Co~on of Ci~ ~b~¢ HeAth S~i~t ~d ~ty ~i~ W~den suing iss~s to ~ ~nsidc~ ~f~¢ ~afing i~ide ke~uls; Co~on of B~ Myer, DVM su~ng ~cn~ of ha~ng ~d~/ou~ ~, ~san~d ~d ~. ~ Me~r V~t~rg moved ~at Mcm~ ~ic~ C~ by &c foHowlng y~May~ Bray, Conner Mem~ ~ich, Kl~sn~, Na~e, Nichoison, V~t~. Na~Non~ Absent~ouncil Mem~ An ~n~ ~nding C~e of ~i~ ~d Whole~e ~s~ct ~d ed~ng defiMfi~s, ~& ~t ~ng o~y ~van at ~fing of 12-1~91, ~sened f~ up ~ dfffe~nt defini~on f~ K~nul ~d ~ng ~k on Feb. 3, ~2. ~conded by Co~¢~ Mom~r N~le. C~ed by ~e foBo~Pg vo~: y~May~ Brady, Nicholson, Voetbarg. Nays--None. Absent.-Council Member Krieg. Proof of Publication certified to by the Publishar on Notice of Public Heming to conside~ mclassifylng Inopc~y located near 3870 peru Road from R-1 to R-3 dis~ct, with ueoditions, prcscnte~ and rued. Council Member ¥octberg moved that the proof of pu~icatlon be received and filed. Seconded by Council Member Nichoison. Carried by the following vole: Yeas--Mayor Brndy, Council Members Deich, Riuesnar, Nagl¢, Nicliolann, Voetb©rg. Nays--None. Absent_~Council Member Krcg. An Ordiunnue Amending Code of ordinances by ~ch~slfying property located near 3870 paru Road (described as Lots 52l, 522. 523, 524, 527, 528, 529 and 530 in the Ninth Dubuqu~ Addition and owned by C. Maxiue Hoag) from R-1 Sin§lc Fan~ly Rc~dcntiui Distsict to R-3 Modcrale l~nsity Multi-Family Residential Distsict, with conditions, first reading only given at racctin8 of 12-16-92. presented fa further ~edon. (OFFICIAL PUBLICATION) ORDINANCE NO. 8-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PRovIDING THAT ~ CODE OF ORDINANC- ES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A TttEREOF, ALSO KNOWN AS TttB ZONING ORDINANCE OF THE cITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NEAR 3870 PERU ROAD FROM R- ! SINGLE-FAMILY RESIDENTIAL ' DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISIRICT, WITH CONDITIONS. NOW, THEREFORE, BE lT ORDAINED BY THE CITY CouNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon L That the Code of Ordinances of the City of Dubuque, Iowa be'amended by revising Appendix A thereof, als0 known as the Zoning Ordiunnc~ of thc City of Dubuq~, Iowa, to ~cclasslfy hcrein~fler dascfibnd propurty from R-1 Single Family Residential DisUict to R-3 Mnderale Density Multi-Family Rcsid~ntiul District, with conditions, to wit: Regular Session, January 20, 1992 Lots 521, 522, 523, 524, 527, 528, 529, and 530 in thc N~'th Dubuque Addition to the City of Dubuque, Iowa, aB in thc City of Dubuque, Iowa and exlendin8 to the center line of abetting public fight-of-way. Seciinn 2. That the foregoing amendment has berctofom been reviewed by thc Zoning Commission of the City of Dubuque, lowa~ passed, approved and adopted ~his 20th day of January, 1992. Jan~s E. Bnuly Mayor Attest: Mary A. Davis City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (1989), and as an exp~ss condition of r~zouing of the property described as: Lots 521,522, 523, 524, 527, 528, 529 and 530 in thc North Dubuque Addition to the City of Dubuque, Iowa, and to thc center line of thc adjoining public sight-of-way, all in thc City of Dubeque, Iowa. which is thc subject of Ordinance No. 8-92, a copy of which is attached be~eto and inco~pcra~t_ herein by ~eference, the undersigned property owner(s), C. Maxine Hoag, agree(s) to the following conditions, all of which the prope~y owner further agrees are reasonable and a~ iroposed to satisfy public needs which are eau~d directly by the mzoning: A) Pefforrrmnce Standards 1) That one access to the property from Peru Road be allowed. B) Reclassification of thc Subject Property. Thc City of Dubuque, Iowa may iuitiale zoning mol~sificatioo proceedings to thc R-1 Single-Family Residential Distrct if thc property owne~ fails to compete any of thc conditions or provisions of this Ag~eruent, including, but not limited to, thc standards noted above. C) Modifications. Anymodificationsof this Agreement must be approved by the City Council of Dubuque, D) Recording. A copy of this Agreement shall be recorded by thc prop~ty owner with thc Dubuque County Recorder as a permanent record of the conditieos acccp~d as part of this re:toning approval within ten (10) days of the adoption of Ordinance No. 8-92. E) Construction. This Agreement shall be c~astmed and interpreted ss though it were part of Appendix A of the Code of Or~unnces of the City of Dubuque, also known ~ the Zoning Ordinance of thc City of Dubuque, Iowa. F) This Agreement shull bu binding upon thc undcrsigned and his/her heirs, successor luld assignees. ACCEPTANCE OF MEMORANOUM OF AGREEMENT 1, thc undersigned, C. Maxine Hoag, having read the terms and conditions of Ordinance No. 8-92 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions requited therein. Dated in Dubuque, Iowa this 20th day of January, 1992. By:/siC. Maxine tloag Published officially in the Telegraph Herald newspaper this 24th day of January, 1992 Mary A. Davis It 1/'24 City Clerk Council Member Voetberg moved that this be considered thc second and third reading of thc Ordinance and that thc requirement that a proposed Ordinance be considered and voted on for pessa~e at two council meetings psior to the mcetln8 at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance as sm~nded on the Memorandum of Agre. en~nt~ Seconded by Counc~ Member Nichulson. Carded by the following vot~: Yeos--Mayor Brady, Council Members Deich, Kinesner, Naghi, Nicholson, Voetberg. Nays--None. Absent--Council Member lC'in8. An Ordinance aruendin§ Code of Ordnances by reclassifying prope~ located near 3870 Peru Road (described as Lots 525, 526, 531 and 532, in the North Dubuque Add~fion and owned by Bsian Becket) from R-1 Single Family Residential Dis~ct to R-3 Moderate Density Multi-Family Residentiul Dis~ct, with couditom, said first reading only given at meeting of 12-16-91, presen~i . for fu~her action. Council Member Voetburg moved that fltis be considered the second and third reading of the Ordinance and that the requirement that a proposed Ordinance 31 Regular Session, january 20, 1992 be considered and voted on fo~ passage at two c~mcil meetings ~'ior to tho meeting at which it is to bo finally adopted be suspended and further moved final adoption of th~ Onfinanc~. Seconded by Council Member Ni0hoison. Vote on the motion was as follows: Yeas--Nom. Nays--Mayor Bredy, Council Members Dciob, Klunsncr, Nagle, Niobolson, Vcetbe~. Motion failed. Proof of Publication cenifind to by the Publisher on Notice of Public Hearing to consider an ordinance reclassifying pr~erfins located at 3328 and 3350 Center 6rove Rend from LI to C-3 Dis~ct, l~sonted and ~al. Them was no written objections received and no o~l objectors present at the tim~ of the Hearing, Council Member IOuasner moved that the proof of publication be received and filed, Seconded by Council Member Voctber~, Carded by the foBowtn~ vote: yeas--Mayor Brady, Council Members Dc/ch, Kluesncr, Nagle, Nioholann, Voetborg. Nays--None. Absont--Cooncil Member Kricg. An Ordinance Amending Cede of Ordinance by reclassifying properties located at 3328 and 3350 Center Grove Road, from LI Light ladustrhti District to C-3 General Commercial Disuict, said Ordinance given the first rcetiing only on 12-1~-91, presented for further action. (OffICIAL PUBLICATION) ORDINANCE NO. 9-92 AN ORDINANCE OF THB CITY OF DUBUQUB, IOWA PROVIDING THAT THB CODE OF ORDINANC- ES, CITY OF DUBUQUB, IOWA, BE AMENDED BY REVISING APPENDIX A TtlEREOF, ALSO KNOWN AS THE ZONING ORDINANCB OF THI/ CITY OF DUBUQUB, IOWA BY RECLAS- SIFYING HEREINAFTER DBSC~'BED PROPBRTY, LOCATliD AT 3328 AND 3350 CENT~ GROVB ROAD, FROM LI LIGHT INDUSTRIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordinancas of the City of Dubuque, Iowa, be art~nded by revising AppendLx A thcxcof, also known as thc Zoning Ordinance of thc City of Dubuque, Iowa, to reclassify hereinafter described property from LI Light Industrial DisUict to C-3 General Commercial District, to wit: Lot 2 of Pan of Lot 1 of Lot 26;, Lot 1 of Pan of Lot I of Lot 20; Lot 2 of Pa~ of Lot I of Lot 21; Lot 1 of Pan of LOt 1 of Lot 21; part of Lot 2 of Lot 21; Lot 22; Lot 23; Lot 24; Lot 25; Lot 26; Lot 27; tbe North 175 fc~t of the North Balance of Lot 28; the North 175 feet of the North Balance of Lot 29; the North 175 feet of Lot 30 all in Center Grove Addition; Pan of Lot 3 of Lol I of Mineral Lot 233; Pan of Lot I of Lot 3 of Mineral Lot 233; vacated Railroad S~e~ and Original Orchard Street; all in the City of Dubuque and extending to the center line of the abutting public right- of-way. Section 2. That the fomgulng amendm?t has heretofore been reviewed by the Zomng Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of January, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published ofildally in thc Telegraph Herald newspaper this 24th day of January, 1992. Mary A. Davis It If24 City Clerk Council Member Riueane~ moved that this be considered the second and third ~eadings of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council n-~efings prior to the n-~cflng at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Vcotberg. Carried by the following vote: yess--Mayor Brady, Council Members DCIOb, Klcosner, Nagle, Nichoison, Voetburg. Nays---None. Absent--Council Member lfaieg. Communication of City Manager submiffing dc~umenl~ to initiate the bidding process for reacting the Ham House, presented and read. Council Member Voatbe~ moved that the communication be received and filed. Seconded by Council Member Niobolson. Canied by thc following vote: yces---Mayor Brady, Cour~il Members Dulch, Kluasner, Nagle, Niobolson, Regular ~eseion, January 20, 1992 Voetberg. Nays--None. Absent---Council Member Kriag. RESOLUTION NO. 24-92 PRBLIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RBSOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tho proposed plans, spenifications, form of contract and estimated cost for thc Ham Honse Roofing Project, in the estimated anmunt of $45,000, ~ hereby approved and ordered filed in the office of thc City Clerk for public inspection. passed, approved and adopted this 20th day of January, 1992. Attest: Mary A. Davis City Clerk Council Member Jan~s E. Brady Mayor Voetberg moved adoption of thc Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesncr, Nagle, Nicholson, Voetberg. Nays--None. Abaent~ouncll Member Kfiag. RESOLUTION NO. 25-92 RESOLUTION FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposefl plans, sp~ifica- tiGris, and form of contract and placed same on file in thc office of the City Clerk for public inspection of the Ham Hotme Roofing Project NOW TI/BRF. FORE, BE IT RESOLVBD BY THE CITY COUNCIL OF THE CITY OF DUBUQDB, IOWA: that on the 2ad day of March, 1~2, a public heating will bc held at 7:~0 p,m., in thc Public Lib-m~ Auditorium, at which time inte~sted persons may appear and be heant for or against the proposed plans and specifications, form of contract and co~t of said improvement, and the City Clerk be and is bereby directed to cat~e a notice of time and place of such bearing to be published in a newspaper having general circulation in the City of Dubuque, lowa, which notice shall be not less gum fou~ days nor more than twenty days prior to the day fixed for its consideration. At thc bearing, any interested person may appear and file objections to thc proposed plans, specifications, contract, or nstinmted cost of the iroprovcm~nt Passed, approved and adopted this 20th day of Janumy, 1992. Jan~s E. Brady Mayor Attest; Mnsy A. Davis City Clerk Council Member Vontberg moved adoption of the Resolution. Seconded by Council Member Nicholson. C.a~ed by the following vote: Yea&Mayor Brady, Council Members Dcich, Kluesner, Naghi, Nicholson, Voetberg. Nays--None. Ab~ont--Council Member Kfieg. RESOLUTION NO. 26-92 RESOLUTION ORDERING BIDS BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the Ham ttouse Roofing Project is hereby o~dcred to be advertised for bids for construction. BE rr FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to thc provisions of thc notice to bidders hereby approved as a pan of thc plans and specifications hexetoforc edopted. That the City Clerk is hereby di~cted to adverlise for bids for the construction of the improvements herein provided, to be published in a newspaFcr having general circulation in the City of Dubuque, Iowa, winch notice shall not be less than fo~r days nor more dmn twenty days prior to the receipt of said bids at 2:00 p.m., on the 13th day of February, 1992. Bids shall be opened and read by the CRy Clerk at said time and will be submitted to the Council for final action at ?;30 p.m., on the 2nd day of March, 1992 Passed, approved and adopted this 20th day of Janumy, 1991. Jam~s E. Brady Mayor Attest: Ma~y A. Davis City Clerk 33 Regular Session, January 20, 1992 Council Member Voetberg moved adoption of tbe Rcaulution. Seconded by Council Member Ninb~son. Carded by the followiag vote: yens--Mayor Brady, Council Members Dalch, Klueaner, Nagle, Nieholson, Voetburg. Nays--None. Aheent--Coundl Member Kfing. MINU~ES SUBMI1TED -- Cable TV Regulatory Conunissinn of 1-8; Cable Community Teleprngramming Comraission of 1-7; Joint Meeting of Fire Rutiremcnt and Police Retixcmeut System Boards of 12-20; Hun'mn Rights Commission of I 1-18 & 12-9; Ltl~y Board of Trustees of IZ-19; Long Range Planning Commission of 12-18;; Long Range Planning Commission, Rivurfwnt D~vniopmcnt Subcommittee, of 1-17; Park & Recreation Commisaiun of 12-11; Zoning Commission of 1-8, presented and read. Counoil Member Voetherg moved that the minutes be received and Bled. Seconded by Council Member Kluesner. Carried by the following vote: yeas--Mayor Brady, Council Members Dclch, Kinesuer, Nagie, Nicholson, Voctberg. Nays--None. Absent---Cunncll Member IC. ing. NOTICES OF CLAIMS/SUITS -- Kathy Brokns, in mount of $113.56 for car damnges; Oa~ Ernst in amount of $52.50 for c~ damages; Richard Gotz, by Mary Ootz, in amount of $18.00 for propurty damages, presented and read. Council Member Voetberg moved that the claims ~nd suits be referred to the Legal Staff for investigation arid report. Seconded by Council Member Kluesuer. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Nagle, NichoIson, Voetberg. Nays--None. Aheunt--Counail Member Krieg. Communications of Co~oration Counsel mcomn~nthag settlements of foliowing cinims: Car damage claim of Nancy Bauer in the amount of $67.10; Car damage claim of Cynthia J. Borchert in the amouet of $104.74; Prope~y damage claim of Churl Fjelseth in the amount of $112.71; Car damage claim of Travis Kapparos in the amount of $260.21; Door damage claim of lam~s F. K~ss in the amount of $192.30; Tire damage claim of Maglyn Ann Splinter in the amount of $46.94, presented and read. Council Member Vuetberg moved that the communications be received and filed and Finance Director to issue proper chock. Seconded by Council Member Kluesner. Caniad by the fullowing vote: yeas---Mayor Brady, Council Memhers Dnich, Kluesner, Nagle, Nichoison, Voetberg. Nays--None. Absent--Council Member Kfiag. Communications of Co~poradon Counsel advising of referral of following claims to Crawfced & Company, the agent for the Communities Assurance Pool: Car damage claim of Karen J. Bable~ Car danmge claim of Richard Haskell; Personal injury claim of Corey Lorenz; Personal injury claim of Linda L. Papu; personal injury & Car damage claim of K. ar~ 1. Steil, presented and read, Council Member Vuetberg moved that the communications be ~.,ceived and filed. Seconded by Council Member Kluesncr. Canied by the foRowing vote: yens---Mayor Brady, Council Members Dnich, KIncsner, Nagle, Nichoison, Vuetberg. Nays--None. Absent--Council Petition of Rick Stseif and Bob Leytem requesting vacation of an alley that is south of LOt 4 of Finiey's Addition from Asbury Road nortbes~t 198 feet to the west side of another alley for a parking lot, presented and read. Council Member Voetherg moved that the petition be referred to City Manager and Seeoaded by Council Mcmlmr by the folIowing vot~: yeas--Mayor Brady, Council Members Dalch, Kluesnur, Nagle, Nicholson, Voetberg. Nays--None. Absent---Council Member Kfing. Refunds Requested --Kathlcen Jones in amount of $50.00 for unexpired Cigarette License, presented and road. Council Member Voetberg moved that the refun .ds be approved and Finance Director to tssue proper check. Seconded by Council Member Kluesnes. Cunled by the following vote: Yeas--Mayor Brady, Council Members Deinh, Kluesnur, Nngle, Nicholson, Vuetberg. Nays--None. Absent -Council Member Kfiag. Proofs of PubBcation, certified to by the Publisher on the following: Notice of intent to file a Request for Release of funds for Community Development projects; Resolution No. 367-91 "Application for Federal Assistance"; List of Claims paid for month of November, 1991; Public Notice of Finding of No Significant Effect on the Envisonmcot for the projects identified under Tide I of the Housing and Community Devalopment Act of 1974, a~ amended, p~sented and renul. Council Member Voetbelg moved that the proof be ~ecnived and flied. Seconded by Council Member Klunsner. Canded by the following yeP: Yeas--Mayor Brady, Council Members Daleh, Kluesner, Nagle, Nichoison, Voetberg. Nays---None. Absent--Council Member Kfing. Regular Session, January 20, 1992 Communication of Zoning Conmtission advising of their approval of final plat of Lots 5, 6, B & C of WesUmrk located at southeast comer of Pennsylvania Avenue and Radford Road, presented and read. Council Member Voetberg moved that the communication be ~ceived and filed. Seconded by Council Member Kluesuer. Carried by thc following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Nagle, Ninhoison, Voetberg. Nays---None. Absent--Council Member Kring. RESOLUTION NO. 2%92 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 5, 6, B AND C OF WESTMARK, IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of LOts 5, 6, B and C of Westmark in the City of Dubuque, Iowa; and Wbereas, upon said final pht apl~tr streets to be known as Wcstma~k Drive, Mission Scho~ l~ive and portions of Pennsylvania Avenue and Rndford Road designated as Lot B, together with certain public utility and drainage easements, which the owners by said final plat have dedicated to the public f~reve~, and Whereas, said final plat has be~n examined by the Zoning Commission and had its approval endorsed thereon subject the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they Fred that it conforms to the statutes and ordinances relating to iL except that no streets or public utilities have yet been cons~ctnd or instaBed; and Whereas, the City Council concurs in the conditicos of approval established by the Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sullen 1. That the dedications of Wesunark Drive, Mission School Diive, and porous of Pennsylvania Avenue and Radford Road, designated on the final plat ns Lot B, together with the easements for public utiliiles and dminnge as they appear upon said final plat, he and the sam~ are hereby accepted; and Section 2. That the final plat of Lota 5, 6, B and C of Wesuuerk in the City of Dubuque, Iowa is hereby approved and the Mayor and City Clerk sro hereby authorized and directed to endorse the approval of the City of Dubuque, lowa; upon said final plat, provided the owuers of said property bemin named, execute their wriiton ac~ptsnce hereto attached agreeing: To reduce all streets to grade and to construct concrete curb and gutter and ~o hard surface with asphaltic concrete, or with concrete paving with integral curb, ail in accordance with tile City of Dubuque standard specifications; all in a rmmner acceptable to thc City Engineer and in general conformance with the approved prniimlnmy plat; To install sanitary sewer mains and sewer service laterals in a manner acceptable to thc City Engineer and in genera] conformance with the approved preliminary plat; To install water mains and water service laterals a manner accepteble to the City Engineer and in general conforraance with the approved preliminary plat; To install storm sewers and catch basins in a manner accep~hie to the City Engineer and in general conformance with the approved preliminary ping To install con~ete sidewalk~ as required by ordinances, where diremted by the City Engineer and the City Manager in a manner acceptable to the City Engineer and in cunfommnce with the approved preliminary plat; To instull boulevard st~ct lighting in accordance with City specifications in a nmnner acceptable to the City Engineer and in general cunformance with the approved preliminary plat; To construct the foregoing improvements in accordance with plans and supervision approved by the City Manager, under thc inspection of the City Engineer, and in a manner approved by the City Manager; h. To construct said improvements, except sidewaiks, prior to one year Regular Session, January 20, 1992 from the date of ~ccoptauce of this resoiution~ To consh'uct sidewalks in uccordance with the reqnitemonta of Section 42- ~4(e) of the City Code, specifically: Sidewalk instsllation shall be the responsibility of the owanr of the property abutting the public fight-of- way. The responsibility shall extend to all succeaso~, heh's and assignees, Sidewalk installmion will not be roqal~d umil the development of the lot has been con~leted, except as required herein. In sparsely developed sub.visions, sidewalks on developed lots will not be ruqalmd un~l 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks insUdled upon development of 80% of the lots approved by the pl~ j. To maintain the foregoing improvements for a period of two (2) ye~s from the date of ~e acceptance of those improvemon~ by the City of Dalmque, Iowa; k. That the owners provide documentation of fill compac~on for all areas of fill under sucets prior to l. That all proposed s~re~ts be cons~rected to City standards inclodiu~ sneer lighting and sidewalk insudladon; m. No driveway access shall be allowed onto Pennsylvania Avenue; n. Ths~ minor location adjustments to utility fines dasing the final design phase may be made if approved by the Engineering Division; o. That any parcels that are unbuildable or reserved for future development be designated by a hiUer as per State code; p. To provide the foregoing constraction and maintenance at the sole expense of the subdivider, as owner~ or fiRure OWBOI~, q. To coordinate all erosion onn~rol meaaere~ in a nmnner consistent with the approved grading and erosion con~ol plan. And furthg provided that said Dubuque In-Future, lun,, aa owners of said pro!~rty, shall secure the perfoo~aance of tbe foregoing conditions provided in Section 2 by previding ascmlty in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Se~lon 3. That in the event the above menfioneA owner of said property shall fall to execute the acceptance and furnish the security provided in Section 2 bet~f within forty-five (45) days afte~ the date of the the provisions hereof shall be null and void and the acceptance of the dedicallon and approval the plat shall not be effective. passed, approved and adopted this 20th day of January, 1992. James E. Brady Mayor Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 27-92 We, the underaigv~M, Dubuque In-Future, Inc. having read the terms and conditions of the Re,clinton No. 27-92 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions ~uqalrod therein. Dated in Dubuque, Iowa this 20th day of Jonuary, 1992, Dubuque In-Future, Inc. By/s/Loras Klansner, President TO: Mary A. Davis City Clerk This is ~o ce~fy that the required security for the foregoing Resolution No. 2?-92 has been properly filed. Dated at Dubuque, Iowa this 5th day of Febron~y, 1992. /s/W. Kenneth Gearhart City Manager Council Member Voctberg moved adoption of the Resoiution. Seconded by Council Member Kluesner. Ca~ied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klu~ner, Nngin, Nichoison, Vootberg. Nays--None. Absent---Council Member Kring. Communication of Zooiug Commission advising of their approval of final plat of Lot Regular Session, January 20, 1992 I of the balance of Lot 3 of Lot 11 of Yiannias Place located at nc~theast of Kennedy Road, p~sented and read. Council Member Voetberg moved that the communication be received and ffled. Seconded by Council Member Kinesner. Carried by the following vote: Yeas~Mayor Brady, Council Members Dutch, Kluesner, Nngle, Nicholson, Vootberg. Nays--None. Absent---Council Member Kfing. RESOLUTION NO, 28-92 A RESOLUTION APPROVING THE FINAL PLAT OF LOT 1 OF THE BALANCE OF LOT 3 OF LOT 11 OF YIANNIAS PLACE IN THE CITY OF DUBUQUE, IOWA. Wbe~as, there has been filed with the City Clerk a final plat of LOt 1 of the Balance of Lot 3 of LOt 11 of Yiaunias Place in the City of Dubuque, lowa; and Whereas, said final plat has been examined by the Dubuque Zoning Commission and had its approval endorsed thereon subject to the owner(s) ng~eeing to thc conditions noted in Section 1 below; and Wbetv~as, said final plat h~ been examined by the City Council and they find that t~e same conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY TItE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the final plat of Lot 1 of the Balance of Lot 3 of Lot 11 of Yiandias Place in the City of Dubuque is hereby approved and tbe Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat, provided the owne~(s) of said prop~ herein named, execute their wriRen acceptance hereto atthched agreeing: That the approval of the final plat of Lot 1 of the Balance of Lot 3 of Lot 11 of Yiannias Place in the City of Dubuque is conditioned upon the combination, within 90 days, of Lot 2 of the Balance of Lot 3 of Lot 11 of Yianalas Phce with another recorded lot in the City of Dubuque having at least sixty (60) feet of frontage on a public right-of-way. Passed, approved and adopted this 20th day of January, 1992. Jan~s E, Brady Mayor Attest: Ma~y A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 28-92 We, the undersigned, Key City Inveslm~nt Company, having read the terms and conditions of the Resciution No. 28-92 and being familiar with the conditions thereof, hereby accept this san~ and agree to the conditions required therein. Dated in Dubuque, Iowa this 21st day of Jaunaty, 1992. KEY CITY INVESTMENT COMPANY By/s/N.J. Yianni~, pteaident By/s/Christine Yiannias, Secretary Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesuer. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Nngle, Nicholson, Voetberg. Nays--None. Absent~ouncil Member Krieg, Communication of Zoning Commission advising of their approval of final plat of Lot 1 of 8, Sunset Park 6th Addition and Sunset Park Addition located near Cora Drive, presented and mad. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kinesner. Clmled by the following vote: Yeas--Mayor Brady, Council Members Delch, Klu~ner, Nagle, Nieholson, Voctberg. Nays--Nooc. Absent---Council Member Kfing. RESOLUTION NO. 29-92 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUB- DIVISION OF LOT I of 8 OF SUNSET PARK 6TH ADDITION, IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of the Subdivision of Lot 1 of 8 of Sunset park 6th Adthfion, in the City of Dubuque, Iowa; and Whereas, said final plat has been examined by the Dubuque Zoning Commission and had its approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they fred Regular Session, January 20, 1992 ordinances relating to it. NOW, TF~J~EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of tho Subdivision of Lot 1 of g of Sunset Park 6th Ad,#tiun, in the City of Dubuque, Iowa, is hereby approved and the Mayo~ and City Clerk are hereby authorized and directed to undors¢ the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and ndopted this 20th day of Janumy, 1992. Attest: Mary A. Davis City Clerk Jan~s E. Brady Mayor Council Member Voetburg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kineaner, Nagle, Nieholson, Vo~tberg. Nays--None. Abmnt---Cunneil Member Kring. Ri~OLUTION NO. 30-92 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1-21 INCLUSIVE OF BLOCK 1, LOTS 1 AND 21 OF BLOCK 2 AND LOT A AND LOT B OF SUNSET PARK SEVENTH ADDITION, IN THE CITY OF DUBUQUE, IOWA. City Clerk a final plat of Lots 1-21 inclusive of Block 1, Lo~ I and 21 of Blo~k 2 and Lot A and Lot B of Sunset Pa~k Seventh Addition, in the City of Dubuque, Iowa; and Whereas, upon said final pht appear street(s) to be known as Corn Drlve and Donovan Drive, designated on said plat as Lot B, together with certain public utility and/dndnage easements which the Owners by said final plat have dedicated to the public forever, and Whereas, said final plat bas been examined by the Zoning Comn~ssi.on and had its approval endo~xi thereon subject tho ownex~s) agreeing to the conditions noted in Section 2 below;, and Whereas, said final plat hns been examined by the City Council and they find that it conforms to the statutes and ordinances re, latiag to it, except that no s~ots or public utilities havc yet been constructed or installed; and Whareas, thc City Council concurs in thc conditions of approval established by the Zoning Commissinm NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. ~aat the dedications of Cora )rivn and Donovan Drive, shown on said plat as Lot B, together with the easeme~ for public utilities and drainage ns y appear upon said final plat, be and the same are he, by accepted; and Section 2. That the plat of Lots 1-21 inclusive of Block 1, Lots I and 21 of Block 2 and Lot A and Lot B of Sunset Park Seventh Addition, is hereby approved and the Mayor and City Clerk axe hereby authorized and directed to endorse the approval of the City of Dubuqt~, Iowa, upon said final plat, provided the owners of said property herein named, execute their vniuun acceptence hereto atlached agreeing: a. To reduce all stseets to grade and to construct concrete curb and gutter and to hard surface with asphalfio concrete, or with concrete paving with integral curb, all in scc~danco with the City of Dubuque standard specifications; all in a manner acceptable to the City Engineer and in general conformance with the approved ptelimlnaty plat; b. To install sanitary sewer mains and sewer sea-vice laterals in & manner acceptable to the City Engineer and in general conformance with the approved preliminary plat; ¢. To install water mains and water service intends a manner acceptable to the City Engineer ~ in general confommnee with the approved d. To install storm sewers and catch bu~ins in a manner acceptable to the City Engineer and in general conforrmnco with the approved preliminary plat; To install conc~te sidewalks ns requffed by Ordnances, whe~ directed by th6 City Engineer and the City Manager in a manner acc~ptabin to thn City Engineer and in Regular Session, January 20, 1992 confommnce with the approved preliminary plat; To install boulevard street lighting in sceord~ce with City specificaflofls in a rmmneF accepteble to the City Bnginee~ and in general cnn formance with the approved preliminary plat; To conslruct the foregoing improvements in accordance with plans and supervision approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manageg, To constxuot said improvements, except sidewalks, pfic~ to unn year from the date of acceptance of this resolution; To constract sidewalks in accordance with the requirements of Section 42- 24(e) of the City Code, specifically: Sidewalk installation shall be the responsibility of the owner of the property abutting the public fight-of- way. The responsibility shall extend , to all successors, heirs and assignees. Sidewalk installation will not be required until the development of tho lot has been completed, except as required heroin. In sparsely developed subdivisions, sidewalks on developed lois will not be reqnired until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks instailed upo~ development of 80% of the lots approved by the plat. To maintain the foregoing improvements for a period of two (2) years from the dale of the acceptance of those improvements by the City of Dubuque, Iowa; To install temporary cul-de-sac(s) at the westerly end of Cora Drive and the south end of Donovan Drive and maln~in said cul-de-sac(s) until Cora Drive and Donovan l~ve are extended; To provide the foregoing construction and maintenance at thc sole expense of the subdivider, as owner, or future owner, To perform all ere~ion control measures in a manner consistent with the approved grading and erosion contsol plan. To provide easements on Lots 9, 10, 20 and 21 as necessary for storm And further provided that said Carl L and Mary Ann Burbach, as owners of said property, shall secure the performance of the foregoing conditions provided in Section 2 by providing security in such form and with such sureties ~s may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. That in the event the above mentioned owner of said property shall fail to execute thc acceptance and furnish the security provided in Section 2 hmeof within forty-five (45) days after the date of the Resolution, the provisions hereof shall be null and void and the acceptsnce of the dedication and approval the plat shall not ha effective. Passed, approved and adopted this 20th day of January, I992. Attest: Mary A. Davis City Clerk Jam~s E Brady Mayor ACCEPTANCE OF RESOLUTION NO. 30-92 We, the undersigned, Carl J. and Mary Ann Burhach, having rend the terms and conditions of tim Resolution No. 30-92 and being familiar with the conditions thereof, hereby accept fltis same and agree to the conditions required therein. Dated in Dubuque, Iowa this 23rd day of January, 1992. By/s/Carl $. Burbueh By/s/Ma~ Ann Bu~buch Council Membur Voetburg moved adoption of the Resolution. Seconded by Coancil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klueaner, Nagle, Nicholson, Voetberg. Nays--None. Absent---Council Member Kfiag. Communication of City Manager ruquesfing approval of Supplement No. 7 to the Code of Ordinances, presented and read. Council Member Voetberg moved that the communication bo received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Ye-~--Mayor Brady, Council Members Regular Session, January 20, 1992 Deich, Kluesnar, Nngle, Nicholson, Voetburg. Nays--None. Absant--Council M~ ~ng. ~OL~ION NO. 31-92 A~NG S~PLE~S NO. ~ ~ T~ CODE OF ORDINANCES OF T~ CI~ OF DUBUQ~, IOWA W~, un~ ~ of {uly 17, 1989, the Ci~ C~n~, p~t ~ O~n~ No. 34- 89, ~ ~ C~ of ~n~s of ~e ~ of Dub~an, Iowa f~ ~inan~s ~ up m ~d tndud~g ~m~ 19, 1988; ~d W~, ain~ D~m~r 19, 1988 the CiW Co~ofl of ~ CiW of Dubuq~, Iowa ~ ~ ~ ~s ~n~ng ~e ~ of ~s ~d ~d ~ondmun~ ~ve ~ ~u~ ~ s~plemun~ to the C~ of O~in~s; ~ W~, ~ 380.8 of ~ C~ of ~n~s ~s ~at su~le~n~, by NOW T~O~, BE IT ~SOL~D BY T~ C~Y COUNC~ O~ ~E CITY OF D~UQ~, IOWA: S~i~ L ~at Su~le~nt No. 7 of the C~ of ~s of ~e ~ty of Dubuque, Ci~ ~un~l of ~e ~ of Dubuque, from May 6, ]~l ~o~h ]une 17, ~991 ~op~d T~s~, ~d~ be~ filed in th~ Ofil~ of ~e ~ty ~e~k of ~e Oty of Du~q~, Iowa ~ ~ ~e h~by ~op~d ~d ~ ~ of ~e C~ of O~nances of ~e ~ of Dub~ue, ]ow~ P~m~, ~ ~ ~ ~s 20~ day of January, 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Vcotberg moved adoption of the Resolution. Seconded by Council Member Kluesnar. Carried by the following vote: Yens---Mayor Brady, Council Membe~ Dcich, Kluesner, Nngle, Nicholson, Vontbor8. Nays--None. Ab~ont---Conndl Member Kfing, Communication of Jan Hess, Secretat-y of Dubuque Mcm~politan Area Solid Waste Agency Board, advising of tie estebilshm~nt of its rates for fiscal year 1993, presented and read. Council Member Voetborg moved that the communication be ~,,ceived and filed. Seconded by Council Member Klansnes. Cnn'ted by the following vc4e: Yeas--Mayor Brady, Council Members Deich, Klunsnes, Nngle, Nicholson, Voatberg. Nays--None. Absent---Coancil Member Kring. Communication of City Manager ~ecommending acceptance of thc contract for the new lighting system for the Iowa Sue, et Parking facih'ty, presented and mad. Council Member Voetberg moved that the commtmication be xeccivad and filed. Seconded by Council Member Kluesner. Canied by the following vote: Yen~--Mayor Brady, Council Members Deich, Klansnes, Nngle, Nicholson, Voetberg. Nays--None. Absent-~oancil Member Krieg. RESOLUTION NO. 32-92 ACCEPTING IMPROVEMENT Whereas, the contra~t for the New Lighting System for lows S~reet parking Facility has been completed and the City Manager has examined the wod~ and filed his certificate stating that the same has been convplcted acc,'ding to the terms of the conuact, plans and specillcations and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the sam~ is hereby accepted. BE IT FURTHER RESOLVED that the City Tmasnser be and he is hereby c~rected to pay to the ~onuactor from the Parking Facilities Construction Fund in amount equal to the amount of his contract, less any mndned pew~ntnge provided for therein. passed, approved and adopted this 20th day of Jananry, 1991. Auest: Mmy A. Davis City Clerk James B. Brady Mayor Council Member Voetberg moved adopilou of the Resolution. Seconded by Council Membe~ Kluesner. Carried by the Regular Session, January 20, 1992 following vote: Yeas--Mayor Brady, Council Members Dcich, Riuesn~, Nngle, Nicholson, Voetberg, Nays--None. Abs~nt--Conncil Member Kfing. RESOLUTION NO. 33-92 FINAL ESTIMATE Whereas, the contract for the New Lighting System for Iowa Sl~uet Parking Facility has been completed and the City Enginees has submitted his final estimate showing the cost thereof inciuding the cost of estimates, notices and htspcoilon and all NOW T~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hemeby determined to be $72,128.00 and the said amount shall be paid from the Parking Facilities Construction Fund of thc City of Dubuque, lows. Passed, approved and adopted this 20th day of January, 1992. Attest.~ Mary A. Davis City Clerk Council Member Jan~s E. Brady Mayor Voetbe~ moved adoption of the Resolution. Seconded by Council Member Riuesner, Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Dcich, Kluesncr, Nagle, Nicholson, Voetber8. Nays--None. Absent---Conncil Member gaing. Communication of City Manager reconm~nddng acceptance of the conffact for the eoestmction of parking 1o~ #3 in the Riverboat Gambling complex, presan~ and rend. Council Member Voetberg moved that the commuhication be received and filed. Seconded by Council Member Kluesnor. Cnn'lad by the following vote: Yeas--Mayor Brady, Council Members Deich, Klunsner, Nagle, Nicholson, Voetbeq{. Nays--None. Absent --Coancil M~ember Kfing. RESOLUTION NO. 34-92 ACCEPTING IMPROVEMENT Whereas, thc coultact for the Ice Harbor Development - Parking Lot Improvements, Phase 3 - Stage 3 has been completed and the City Manager has examined the work and filed his certificate staling that the same has been completed according to the terms of the conuacL plans and specifications and recommends it acceptance. NOW THERFJ;ORE, BE IT RESOLVED BY TIlE 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 FURTItER RESOLVED that the City T~casuxer be and he is hemeby d/rectsd to pay to the contractor from Sales Tax Construction Funds in amount equal to the amount of his contract, less any rendnad percentage provided for therein. Passed, approved and adopted this 20th day of January, 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetharg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Nngle, Nieholson, Voetberg. Nays--None. Absent---Council Member Kring. RESOLUTION NO. 35-92 FINAL ESTIMATE Whereas, the contract for the Ice Harbor Development - Pa~king Lot Improvements, Phase 3 - Stage 3 has bcon completed and thc City Engineer has submittal his final estimate showing the cost thereof inciuding the cost of estimates, notices and inspection and ail miscellaneous costs; NOW THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said Improvement is hereby determined to be $74,274.40 and the said amount shall be paid from Sales Tax Construction Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of January, 1992. James F~ Brady Mayor 41 Regular Session, January 20, 1992 Attest: Mmy A. Davis Cio/Cl~k Coun,zil Meraber Voetberg moved adoption of ~ R~olndo~ S~nd~ by Co~ Mem~ ~uesmr. C~ by ~e f~o~ vo~: Y~y~ Brady, Co~cfl Me~ D~ch, ~u~ner, Na~e, Nicholson, V~tberg. Nays~None. A~nt~n~ Mem~r Kfing. Co~u~cndon of ~ty Manager ~n~ag ~pdng of ~o ~nsUuc~on ~n~ f~ ~o i~ve~n~ in ~e Ice H~ ~ ~ ~son~ ~d r~. Co~ Me~r V~t~rg ~vM ~at tho ~on ~ ~iv~ ~d filed. ~n~ by C~nc~ M~ ~ueaner. C~ by ~ follo~ng vote: Y~May~ B~y, Coundfl Mem~rs Dnich, ~uesner, Na~e, Nichnison, V~t~. Nays~None. Absent~ounail Mem~ Kfiag. R~OLUTION NO, 36-92 ACCEPTING IMPROVEMENT Wbeseas, the contxact for the Ice Harbor Plaza has been completed and the City Manager has examined the work and filed his ccrtificete stating that the sarac has ~uen con'vpleted scent&ne to thc terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT I~URTHER RESOLVED that the City Tmntsurer be and he is hereby directed to pay to the onntrac~' from the General Construction Fund in amount equal to the amount of his contt$ct, less any retained percentage provided for therein. Passed, approved and adopted this 20th day of Janua~, 1992. James E. Brady Mayor Attest: Ma~y A. Davis City Cinrk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Klueaner. Carried by the following vote: Yess~Mayor Brady, Council Memben Dnich, Klueaner, Nagl¢, Nicholann, Vcotbcrg. Nays--None. Absent--Conncil Member Riing. RESOLUTION NO. 3%92 FINAL ESTIMATE Where&s, the c~oltact for the Ice Harbor Plaza has been completed and the City Engineor has subn~tted his final estimate showing the cost thereof including the cost of astimates, notices and inspection and all miscnilancous 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 detem/ued to be $261,418.92 and the said amount shall be paid from the General Construction Fund of the City of Dubuque, low~ Pa~sad, spproved and adopted this 20th day of January, 1992. Attest: Mary A. Davis City Clerk Communication of lam~s E. Brady Mayor City Manager requesting Mayor be authorized and directed to execute the Right-of-Way Assumnc~ Statement for Federal Aid Projects, presented and ~ad. Council Member Voetherg moved that the communication be received and fried. Seconded by Council Member Kluesner. Carried by the following vote: Yeas---Mayor Brady, Council Members Deinh, Kluesnor, Nngle, Ninholson, Voatberg. Nays--None. Absent---Council Member Faing. RESOLUTION NO. 38-92 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RIGHT- OF-WAY ASSURANCE STATE- MENT FOR FEDERAL AID PRO~ECTS WITH THE IOWA DEPARTMENT OF TRANSPORTATION Whereas, the 1970 Uhiform Relocation Assistance and Land Acquisitions Policy Act requires that a Right-of-way Assurance Statement for Federal Aid Projects be annually subn'Atted to th~ Iowa DepaCuuent of Transportation; and Regular Session, January 20, 1992 Whereas, such a sta~ment must be on file with the Iowa Depamnont of Translxn-tation by January 29, 1992 for projects involving Federal Aid Funds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: S~:tloll 1. That the Mayor be authorized and directed to execute the Right-of-Way Assm~mcc statement with thc Iowa Department of Transportation stipulating that the City will comply with the Relocation Assistance benefits in accord with the 1970 Uniform Rciueation Assistance and Land Acquisition Policies Act. Se~tloa 2. That thc City Clerk be authorized to file said Right-of-Way Assuranc~ Statement with the Iowa Department of Transportation. Passed, approved and adopted this 20il day of January, 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetbelg moved adoption of the Resolution. Seconded by Council Member Kluesner. Canied by the following vote: Yca~--Mayor Brady, Council Members Deich, Klucsuer, Nagle, Nicholson, Voetberg. Nays--None. Absont~ouncil Member Krieg. Communication of Chairperson of P~k and Recreation Commission updating the Council on the investigation of the development of a neighborhood park on Holy Tfihity Church property at 1700 Rhomberg Avenue and fimher advising that the "Trinity Field" is not for sale, presented and vend. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Khiesner. Canled by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner. Nagle, Nicholson, Voetberg. Nays---None. Abseat~uncil Member Kfing. RESOLUTION NO. 39-92 RESOLUTION OPPOSING THE PROPOSAL OF THE GOVERNOR'S COMMITTEE ON GOVERNMENT SPENDING REFORM TO ADDRESS IOWA'S STATE BUDGET DEFICIT BY RE-ALLOCATING $50,000,000 FROM MOTOR VEHICLE USE TAX REVENUES TO THE STATE GENERAL FUND Whereas, the Governor's Committee on Government Spending Referm has issued its final report which proposes to mullueate $50 million of use tax revenues annually for four years to retire the GAAP deficit and to start bulldiag an emergency reserve fund; and of this proposal to municipal governments vail range from $4.71 per capita to $9:65 per capita; and Whereas, it is estimated that thc City of Dubuque will lose between $271,042 and $555,319 annually in revenue from the use tax; and Whereas, as a result of the Surface Transportation Efficiency Act of 1991, municipal governments' share of federally financed transportation programs has increased from ten to twenty percent of project costs; and Whereas, nnmerous existing annual diversions from the Road Usc Tax Fund (RUTF), such as funding of the Iowa Highway Patrol reduces municipal governments' share of RUTF revenues; and Wherea~, ally loss of road funds by municipal governments will msnit directly in property tax increases or service reductions to municipal residents; and Whereas, thc City Council of the City of Dubuque is opposed to any diversion of funds from the RUTF to finance state budget deficits; and Whereas, tbe City Council of the City of Dubuque desires to publicly declare its opposition to the diversion proposal and wishes its position be communicated to the Governor and the Iowa Lagislatare. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That thc City Council is opposed to any proposal which reduces muaicipal governments' shave of state revenues to the Road Use Tax Fund. Passed, approved and adopted this 20th day of January, 1992. James E. Brady Mayor Regular Session, January 20, 1992 Mmry A. D~vts AlYt~oved City Ci~k 1993. Co~ ~ V~t~ ~ of ~ R~u~on. ~ by Ad~ Co~ M~ ~ans~r. C~ by ~e { 1~ f~o~ vo~: Y~-May~ B~y, Ni~ol~n, V~. Nay~-N~e. Ab~nt--Co~ Mem~ ~eg. ~ ~ng no f~er bus~ess, V~t~. C~ by ~e follo~ vo~: y~.-~y~ B~y, C~n~ ~m~. ~h, ~n~, N~le, Nicho~on, V~t~. Nays-None. Ab~t-~ou~ M~ ~ng. ~8 ~jo~ at 10:14 ~m. M~ A. Davis Ci~ ~k Att~t: Regular Session, DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, February 3, 1992. Council met at 7:30 p.m. Public Library Auditorium. Present: Mayor Brady Council Members Dulch, Kluesner, Falng, Nagie, Nicholson, Voetbmg, City Manager W. Kenneth Ge,~hari, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is thc Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. PROCLAMATIONS -- Week of February 16 thru 22nd as "National Engineers' Week" received by Gary Sejkora, P.E. Council Member De'ich moved that the rules be suspended to allow anyone present to address the Council. Seconded by Council Member Nichulson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Klieg, Nag]e, Nicholson, Voetberg. Nays--None. Council discussed the process and appointments to Ad-Hoc Committee which vail ~uview the City's Investment Policies and Frocedures. AD HOC COMMITTEE ON INVESTMENTS Applicants: Joseph C. 'Bemardi, CFP, Rod Flum, Keith L. Cook, Margaret Cosgrove, BVM, Pauiek M. Crahnn, Terry Dnggan, Juliet U. Flu, Dartyl B. Gates, James J. Oiese, Francis M. "Bud" Hellert, John C. Hendr),, Steven C. Hoth, William Huseman, Elaine Lagerstrom, Dave Simon, Paul C. Brandt, Robert C. Sullivan. William Huseman, a current firefighter, spoke requesting appointment. Terry Duggan spoke requesting appointment. Terry Stewart, Pres. of DFFA, spoke supporting William Huseman's requested appointment. Pat February 3, 1992 44 Crahan, Bob SulLivan and Dan'yl Gates all spoke requesting appointn~nt to the Ad Hoc Committee on Investments. Vote on the appointo~nts was as follows: Mayor Brady vowel for. Dnggan, Flu, Gates, llusem~, S~on, B~ S~Hv~. Council Mem~r Deich vo~ f~ Blu~ Dugg~, Oa~s, ~e, HeHe~ Hme~, S~iv~. Co~cil Morner ~s~r vo~ f~ BembO, Cos~ve, Cr~, EI~ Si~n, Br~dt, S~liv~. ~uncil ~m~r ~ng vot~ for Blu~ Cosg~ve, Dugg~, HenS, Husem~, Siren, Br~dL Co.cfi Mem~ Nagie vo~ f~ ~, D~g~, Husem~, L~ Br~ S~liv~. Council Mem~ Nichol~n vo~ f~ Cr~, Du~, Oie~, Huse~, Si~, Br~dt, S~v~. Co~ Mcm~r V~t~rg vot~ f~ B~i, ~sgmve, Fl~ Hines, Simon, Br~dt, SUlHv~. Theft, T~ Duggan, W~ H~c~n, Dave Sim~, Pa~ Br~di, Ro~ SulHv~ a~n~ ~ the Ad H~ Co~tt~ f~ Inves~n~. Vote on the last two appointments were as follows: Mayo; Brady voted for Elu and Gates. Council Member Deich voted for Bhnn and Gates. Council Member Kluesner voted for Cosgrove and Crahan. Council Member Kfieg voted for Cosgrove and Dnggan. Council Member Nagie voted for Crahnn and Giese. Council Member Nicholson voted for Crahan and Oiese. Council Member Voetherg voted for Cosgrove and Flu. Therefore, Patrick Crahan appointed to the Ad Hoc Comn-dtte~ for Investments. Vote on the last appointment was as follows: Mayor Brady voted for Flu. Couucil Member Deich voted for Giese. Council Member Kluesnes voted for Cosgrove. Council Member Kfing voted for Cosgrove. Council Member Nagle voted for Cosgrove. Council Member Nichol~on voted for Giese. Council Member Voetberg voted for Cosgrove. Therefore, Margaret Cosgrove, BVM appeared to the Ad Hoc Commi~,ee for Investrcents. Council Member Khiesner moved that Robert Sullivan be appointed as temporary Chairpurson of the Conunii~ee. Seconded by Council Member Voetberg. Carried by thc following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, IC, ieg, Nngle, Nichcisou, Voctberg. Nays--None. Vote on the Council Member representative to the Ad Hoc Committee: Mayor Brady voted for Krieg. Council Member Deich voted for Krieg. Council Member Kluesner voted for Krlng. Council