Loading...
1992 February Council Proceedings_Regular Session, January 20, 1992 Attast: Mary A. l~vis City Clerk Council Member Vuntberg moved edoptiun of the Resolution. Seceeded by Council Member Klunsner. Carried by tho following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nngle, Nicholann, Vuntherg, Nays--None. Absent-.Coonctl Member Krlng, 1~. Adopted Them being no further business, Council Member Klunseer moved to edjoum the meeting. 8eunnded by Council Member Vontbeag. Cmied by the following vote: Yeas--Mayer Brady, Council Members Deinh, Kluerner, Nngle, Nicholson, ¥ontberg. Nays--None. Absent--Council Member Kl'ieg. Meeting ~ljoerned at 10:14 p. rm Mary A. Davis City Clerk 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 Deich, Kluesner, Krlog, Nngle, Nicholmn, Vocthnrg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. PROCLAMATIONS -- Week of February 16 thru 22nd as "National Engineo's' Week" ~eceived by Gary Sejkora, P.E. Council Member D~ich moved that the rules be suspended to allow anyone present to address the Council. Seconded by Council Member Nicholson. Carried by the following vote: Yeas---Mayor Brady, Council Members DUlck, IOuesner, Kfing, Nngle, Nicholson, Voetberg. Nays--None. Council discussed the process and appointments to Ad-Hoc Commit~e which will review the City's Investment Policies and Procedures. AD HOC COMMITTEE ON INVESTMENTS Applicants: Joseph C. 'Bernardi, CFP, Rod Blum, Kcith L, Cook, Margaret Cosgrove, BVM, Patrick M. Crahan, Terry Dnggan, Juliet U. Flu, Dartyl B. Gates, ]an-~s $. Giose, Francis M. "Bud" Hellert, John C. Hendry, Steven C. Hoth, William Huseman, Elaine Lagerstxom, Dave Simon, Paul C. Brandt, Robert C. Sullivan. William Huseman, a current firefiginer, spoke mqunsting appointment. Teny Duggan spoke requesting appoinlment. Terry Stewart, Pres. of DFFA, spoke supporting Wiiliam Huseman's requested appointment. Pat February 3, 1992 44 Crahan, Bob Sullivan and Dartyl Gates all spoke requesting appointment to the Ad Hoc Committee on Investments. Vote on the appointments was as follows: Mayor Brady voted for. Duggan, Elu, Gates, Huseman, Simon, Brand~, Sullivan. Council Member Dulch voted for Blum, Duggan, Gates, Giese, Hellert, Hosenmn, Sullivan. Council Member Kluesner voted for Bemardi, Cosgrove, Crahan, Flu, Simon, Brandt, Sullivan. Council Member Krieg voted for Flum, Cosgrove, Duggun, Henri;y, Huseman, Simon, Brandt. Council Member Nagle voted for Crahan, Duggun, Giese, Huseman, Lngersffom, Brandt, Sullivan. Council Member Nichnlson voted for Crahan, Dnggan, Giese, Huseman, Simou, Brandt, Sullivan. Council Member Voetberg voted for Bemardi, Cosgrove, Elu, Huscman, Simon, Brandg Sullivan. Therefore, Ten3, Dnggan, William Hoseman, Dave Simon, Paul Brandt, Robert Sullivan appointed to the Ad Ho~ Committee for Investments. Vote on the last two appointments were as follows: Mayor Brady voted for Elu and Gates. Council Member Deich voted for Bltun and Gates. Council Member Kluesner voted for Cosgrove and Crahan. Council Member Kring voted for Cosgrove and Duggan. Council Member Nagle voted for Crahan and Giese. Council Member Nicholson vo~ed for Crahan and Giese. Council Member Voetberg voted for Cosgrove and Flu. Tberefon:, Patrick Crahan appointed to the Ad Hoc Committee for Investments. Vote on the last appointment was as follows: Mayor Brady voted for Elu. Council Member Deich voted for Giase. Council Member Klueseer voted for Cosgrove. Council Member Krlng voted for Cosgrove, Council Member Nngle voted for Cosgrove. Council Member Nicholson vo~l for Oiese. Council Member Vo~tberg voted for Cosgrove. Therefore, Margaret Cosgrove, BVM appointed to the Ad Ho0 CommiRee for Investments. Council Member Kluesner moved that Ro~rt Sullivan be appointed as temporary Chairperson of the Committee. Seconded by Council Member Voetberg. Carried by the following vote: Yeas~Mayor Brady, Council Membem Dcich, Kluesner, Kring, Nagle, Nichulson, Voctberg. Nays None. Vote on the Council Member representative to the Ad Hoc Committee: Mayor Brady voted for Krieg. Council Member Deich voted for Kring. Council Member Kluesner voted for liking. Council Regular Session, February 3, 1992 Member Vaieg voted for Krlng. Council Membo' Naghi voted for Nngl~ Council M~ Nic~is~ vo~ f~ N~le. Council Mem~ V~t~ v~ f~ K~ng. ~f~, ~u~fl Me~r ~de KfieI a~n~ ~ Co~c~ Re~s~five to ~c Ad H~ C~ ou Inv~n~. Petition of Eldon Pfohl rnqucsting ~ address thc Council on the subjects of '"]'he Responsibility of tho Council", "The Methodology of NAACP" and the "Dubuque Human Rights Comn'fisslon", presented and read. Mr. Pfohl spoke to the petition. Council Member Nicholson moved that the petition be received and filed. Seconded by Council Member Ddich. Carried by the following vote: Yeas--Council Memben Deich, Krieg, Nagle, Nicholson. Nays--Mayor Bredy, Council Members Kluesucr, Voetberg. Communication of City Managcr submitting a revision of thc definition of "Kennel" as a Permitted use in the CS Commercial Service District, presented and read. Council Member Vootberg moved that the communication be received and filed. Seconded by Council Member Klcesucr. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, Kring, Nngle, Nichoison, Vo~tberg. Nays--None. Darlene Coornes spoke in favor of the proposed Zoning an~ndment. An Ordinance Amending Zoning Ordinance by adding "Animal Hospi- tal/Clinic" and "Kennel" to the CS Commercial Service and Wholesnie Disuict and adding the definition of "Kennel" to Section 8, Definitions, with first re, ading only given at meeting of 12-16-91 and Public Heating hnid on 1-20-92), presented for final (OFFICIAL PUBLICATION) ORDINANCE NO. 10-92 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 ADDING "ANIMAL HOSPI- TAL/CLINIC" AND "KENNEL" TO THE CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT AND ADDING THE DEFINITION OF "KENNEL" TO SECTION 8, DEFINITIONS. 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 revising Appendix A thereof, also known as the Zoning Ordinauco of thc City of Dubuque, Iowa, by adding a new Section 3- 3.6(B)(41): (41) Animal Hospital,,L~inic [23] Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by revialng Appendix A thereof, also known aa thc Zon/ng Ordinance of the City of Dubuque, lowa, by adding a new Section 3- 3.6(B)(42): (42) Kennel [2~] Section ~. That the Cede of Ordinances of the City of Dubuque, Iowa be atmnded by revising Appendix A thereof, also known as the zoning Ordinance of the City of Dubuque, Iowa, by adding the following definition of "Kennel" to Section 8 of the Zoning Ordinance: Kennel: An enclosed betiding or structure for the commerolni keeping, sheltering, tsaining, or selling of dogs, cats, or other small domestic animals with attached outdoor runs or exercise areas permitted for use by animals during the hours of 7:00 a.m. to 10:00 p.m. Such ounioor runs or exercise va~as shall not exceed the square footage of the attached, enclosed building or structure. Section 4. That thc fowgoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of Fchrua~, 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Published officially hi the Telegraph Herald newspaper this 7th day of Febtucry, 1992. Mary A. Davis It 2/'7 City Clerk Regular Session, February 3, 1992 Council Member Voetberg moved that this be considered the second reading of the Ordlnanc~ and that the requhemont that a proposed Ordinance be considered and voted on fcr pe~sage at two counoil meetings prior to th~ meeting at which it is W be finally adopted be suspended and fmther moved final adOl~ion, as amended, of the ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Doich, Khiesncr, Ktieg, Nngle, Nicholsoa, Voctbe~g. Nays--Noun. A RESOLUTION OF NECESSITY Finding that the Fourth SUect Peninsula is a blighted area and that redevelop-mant of said area is necessary in the interest of the residents of tho City of Dubuque, Iowa, tabled from the mcetinga of 1-6-92 & 1-20- 92, presented and read. Couucll Member Voctberg moved that the R~solution be removed from table and received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas---Mayor Brady, Council Members Dnich, Klucsner, Krieg, Nagle, Nicholaoa, Voetberg. Nays--None. A RESOLUTION OF NECESSITY finding that the Amended and Expanded Ice Hmqxn- Urban Renewal Distriat is a blighted are~ and that redovalopn~nt of said area is necessary in the interest of the residents of tho City of Dubuque, presented and read. Council Member Voctberg moved that the Resolution be nw. eived $nd filed and tabled to the meeting of February 17, 1992. Seconded by Council Member Nicholson. Can'ied by the following vote: Yeas---Mayor Brady, Council Members Dnich, Klcesner, Krleg, Nnghi, Nicholson, Voetberg. Nays--None. Communica~ou of Corporation Counsel submitting an Ordinance requiring nil appointees to citizen committees, Ixxarde or commissions to be ~sidents of tho City of Dubuque, p~sented and read. Council Member Voetberg moved that the communica-tion be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Klansner, Kfing, Naghi, Nicholson, Voetberg. Nays--Noun. An ordinance Amending Section 2-42 of the Code of Ordinances by adding thereto a new per, graph (g) requiting members of Boards and Commissions to be residents of the City of Dubuque, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 11-92 AN ORDINANCE AMENDING SECTION 2-42 OF THE CITY OF DUBUQUE CODE OF ORDI- NANCES, RELATIVE TO THE ESTABLISHMENT OF COMMITTEE, BOARDS AND COMMISSIONS, BY ADDING THERETO A NEW PARAGRAPH (g) REQUIRING MEMBERS OF BOARDS AND COMMISSIONS TO BE RESIDENTS OF THE CITY OF DUBUQLq~ NOW THERI~ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Seorion 2-42 of tbe City of Dubuque Code of Ordinances is hereby amended by adding thereto the fofiowing new paragraph (g). (g) Residency Requirement. No person shall be appointed or reappointed to a Committee, Board or Commission unless such person is, at the time of such appointment or reappointment, a resident of the City of Dubuque, and any person so appointed or reappointed shall maintain such residency during the term of the appointment or reappointment Any member of a committee, board or comndssiou who fails to maintain such residency shall be deemed removed as of the date of such change of realdency, any notwithstanding. Section 2. This Ordinance shall take effect immediately upon publication. Passed, approved and adopted this 3rd day of February, 1992. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 7th day of February, 1992. Mary A. Davis 1 t 2f'/ City Clerk Council Member Voetbe~g moved that this be conside~i the first meding of the Ordinance, and that thc reqniren~nt that a proposed Ordinanc~ be considered and voted on for passage at two council me~tings prior to the me~fing at which it is to be finally adopted be suspended and further moved Regular Session, February 3, 1992 final adoption oftbe Ordinance, as amended. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klunsner, Kfiag, Nagle, Nicholson, Voetberg. Nays--None. Communication of City Manager recom- mending to him an engineering £mn to conduct a modeling study and to initiate an automated mapping system of the City's Water Distribu-tion System, p~sented and read. Council Member Kriag moved that the communication be received and filed and approved rcconunendailon. Seconded by Council Member Klunsncr, Vote on the motion was as follows: Ycas~ouncil Membexs Klucsunr, l~*ieg, Vectberg. Nays--Mayor Brady, Council Members Dutch, Nagle, Nicbolson. Motion failed. Couunfl Member Niobolson moved that this maRer be sent back to tho City Manager for further nview and all three firms be talked about in the total package, Seconded by Council Member Nagin. Carried by tho following vote: yeas---Mayor Brady, Cotm¢il Members Dalch, Kinesner, Kriag, Nagln, Nicholson. Nays--Council Members Vcotberg. Council Member Bob Nngle verbally commented on the "Iowa Games" held in Dubuque on January 23-26th. Council Member Nngle moved that it be recognized that Dobuqu0 was chosen as "Host City" to participants of the Iowa Games. Seconded by Council Member Voetberg. Cartled by the foilowlng vote: Yeas--Mayor Brady, Council Members Dutch, Kinesner, Kfing, Nagie, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 40-92 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within thc City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Angein Mangeno Angie's 1401 Elm Street Passed, approved and adopted this 3rd day of Febmal~] 1992, James E. Brady Mayor Attest: Mmy A. Davis City Clerk Council Member Kluesuer moved adoption of the Resolution. Seconded by Council Member Naglc. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesncr, Kfiag, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 41-92 Whereas, Applications for Beer Permits have been submitted and filed to this Council for appmvai and the same have been examined and approved; and Whereas, the premises to be occupied by such appilcants were inspected and found to comply with the Ordinances of this City and have filed propar bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Lee Wayne Potter,Sr. West Locust Mart Sunday Sales 408 West Locust CLASS "BE" BEER PERMIT Nash-Finch Company Econofonds # 471 Sunday Sales 3355 ~ Circle Passed, approved and adopted this 3rd day of February, 1992. Attest: Mary A. Davis City Clerk Council Member James E Brady Mayor Kluesner moved edoptlco of the Resolution. Seconded by Council Member Nagle~ Carried by thc following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfiag, Nagie, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 42-92 Where,, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Wbere&~, the premises to be occupied by such appiicants were inspected and found to comply with the State Law and all City Ordinances reinvant thereto and they have filed proper bunds; Regular Session, February 3, 1992 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That thc Manager be autheslzed to cause to be issued the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Chi-Chi's USA, Inn. CM-Chi's Mexica~ Restaurant - Sunday Sales 800 Wacker Dr James W. Goetzinger Goetz's Sunday Sales 2776 Jackson St CLASS "E" LIQUOR LICENSE Nash-Finch Company Eccoofonds # 471 Sunday Sales 3355 J. F.K Circle Passed, approved and adopted this 3rd day of February, 1992. Attest: Mary A. Davis City Clerk Council Member lames B. Brady Mayor adoption of thc Resolution. Seconded by Council Member Nnglc. Can-led by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Kring, Nagin, Nicholson, Voetberg. Nays--None. Communication of City Manager submit- ting documents providing for setting a public hearing on proposed Residential Parking Permit District for St. Mary's Street and Emmett Street, plnsented and lead. Council Member Vootberg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: ye, as--Mayor Brady, Council Members Daich, Kluesnsr, Krieg, Nngin, Nieholson, Voetburg. Nays--None. An Ordinance Amending Section 32-383 of thc Code of Ordinances relating to the Residential Parking Permit Program by adopting a new subparagraph (1.5) providing for exceptions to requixements for a Residential Parking Permit District, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 12.92 AN ORDINANCE AMENDING SECTION 32-383 OF THE CITY OF DUBUQUE CODE OF ORDINANCES RELATING TO THE RESIDENTIAL PARKING PERMIT PROGRAM BY ADOPTING A NEW SUEPARAORAPH (1.5) PROVIDING FOR EX(~nTIONS TO REQUIRE- MENTS FOR A RESIDENTIAL PARKING PERMIT DISTRICT NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The following new Section 32. 383(1.5) is ber~by adopted: (1.5) Exception. A petition may be considered for an area which contains less than four (4) adjacent block faces or fifty (50) cmb parking spaces if therc arc extenuating conditions that render such requirement umeasonable. Upon the recommendation of tho City Manager, such requirement may be waived by the City Council if it finds that the proposed residential dislrict is isolated or separated from other residential areas by topographical features or by comn~rdal m~s. The City Council shall not grant such a waiver, however, if it determines that the only basis for granting such a waiver is the convenience of the residents or if it determines that the waiver is being requested by the petitioners to prevent opposition to establishing a district. All other requirements of this division must be established. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 3rd day of February, 1992. Attest: Mary A. Davis City Clerk James E Brady Mayor Published officially in the Telegraph Herald wwspapar this 7th day of February, 1992. Mary A. Davis It 2/7 City Clerk Council Member Voetberg moved that this be considered thc first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is te be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Kluesncr. Carried by the following vote: Yeas~Mayor Brady, Regular Session, February 3, 1992 Council Memhers Deich, Kluesner, Krieg, Nagl~, Nicholson, Voethorg. Nays--None. RESOLUTION NO. 43-92 RESOLUTION SETTING A PUBLIC HEARING ON ESTABLISHING A RESIDENTIAL PARKING PERMIT DISTRICT ON ST. MARY'S STREET AND EMMETF STREET Whevr~s, the City of Dubuque, pursuant to Section 32-383 of the Code of Ordinances, has xeceived a petition containing sufficient signator~ requesting that aa area described a~ follows be designated a~ a Rasidontial Parking Permit Disu'ict: St. Mary's Street, flora 3rd Sucet to Emmett SUe. et Enunett S~reet, from St. Mary's Su'ect to Bluff Street Whereas, pursuant to said Section 32-383, the City Manager has caused a parking study of the area iden~fied above to bo undertaken and which study shows at least; I) 80% of the curbeide parking spaces in the parking permit district were u~lized dining peak periods; and 2) at least 25% of the cufoaide parking spaces in the proposed pa~ing permit district were utilized by non- resident packings; and Wheoreas, the City blanngar, based upon the results of the study, and in accordance with Seation 32-383, ~cemmends that the area be designated as a Residential Parking Permit District and that the City Council set a public hearing on the petition to establish such area as a Residential Parking Permit District and the hours such parking restrictions are to he in effect. NOW THERFA~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: So.ion L That the City Council finds and demrmines that a valid petition has been received fo~ the designation of the above described area as a Residentiul Parking Permit District. So.inn 2. That the City Clerk be authorized and di~.cted to publish a notice of public hearing on the designation of the above described area as a Residential Pinking Permit Dis~ict, to he held on February I7, I992. Pazsed, approved and adopted this 3rd day of Febma~, 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetherg moved adoption of the Resolution acing the Public Hearing for February 17, 1992 at 7:30 p.m. in the Public Librmy Auditorimn and that the City Clerk publish notice in th~ manner pres~ihed by law. Seconded by Council Member Kluesnor. Carried by the foilowhig vote: Yeas~Mayor Brady, Council Members Deich, Klaasnor, Krieg, Naghi, Nicholaon, Vo~therg. Nays--None. Communication of City Manager recommenOJng vacation and relocation of a posen of aa existing saaita~ sewer cesement in Lot I of Lot I of Edwards Phice at Center Grove in the City, presented and re~. Council Member Voctherg moved that the commuhicefion be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesnar, Krieg, Nagle, Nichohon, Voetherg. Nays=None. RESOLUTION NO. 44-92 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND RELEASE A PORTION OF AN EXISTING l0 FOOT WIDE SANITARY SEWER EASEMENT ON LOT 1 OF 1 OF EDWARDS PLACE AT CENTER GROVE IN THE CITY OF DUBUQUE, IOWA Whereas, Midwest Heritage Inn of Dubuque, Inc. is the currant owner of Lot 1 of 1 of Edwa~is Place at Cen~r Grove in the City of Dubuque, Iowa; and Whereas, a 10 foot wide sanitary sewer ea~ment is cta'rently platted on said lot; and Where4u, Midwest Heritage Inn of Dubuque, Inc. has petitioned to vacate an unused portion of an existing 10 foot wide sar~ta~y sever eascmcnf in said lot. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City of Dubuque, Iowa intends to dispose of its interest and release an unused portion of an existing 10 foot wide sanitary sewer easement on Lot 1 Regular Session, February 3, 1992 of 1 of Edwards Place at Center Grove in the City of Dubuque, Iowa. Se~lon 2. That ~ City Clerk be and is hereby authorized and directed to cause a notice to be published as presofihed under Section 364.7 Code of lows. Passed, approved and adopted this 3rd day of Feinua~y, 1992. laa~s E. Brady Mayor Attest: Mama A. Davis City Clerk Council Member Voethe~g moved adop- tion of the Resolution setting the nmtter for Public Heating on Febnmry 17, 1992 at 7:30 p.n~ in the Public Library Auditorium and that the City Clerk publish notice in the manner pr~scrihed by law. Seconded by Council Member Nngin. Carded by the following vote: Yea~--Mayor Brady, Council Memhets Deich, Kinesner, Krieg, Nagle, Nicholson, Voetherg. Nays None. Commudication of City Manager submitting documents pwviding for the bidding procedt~ms for die extension of storm sewer on Water Sffoet between Jones and First Stseets, pre,hied and read. Council Member Vo~tberg moved that the communication he received and filed. Seconded by Council Member Khiesner. Caroled by the following vote: Yeas-- Mayor Brady, Council Members Delch, Kluesner, Yo'ieg, Nnglo, Nichcisou, Vc~the~g. Nays--None. RESOLUTION NO. 4:~92 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Jones Street Storm Sewer Extension, in the estimated amount of $24,452.45, are hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, adopted and approved this 3rd day of Febmmy, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Membe~ Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Nagle, Nicholson, Voetherg. Nays--None. RESOLUTION NO. 46-92 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specificetioas, and form of contsact and placed same on file in the office of the City Clerk for public inspection of the Jones Sm:et Storm Sewer Extension. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of Februa~, 1992, a public heating will he held at 7:30 p.m. in the Public Library Auditorium at which thne interested persons nmy appear and be heard for or against the proposed plans and specifications, form of contxact ami cost of said implovcn-~nt, and the City Clerk be and is hereby directed to cause a notice of time and phi~e of such heating to he published in a newspaper having general circulation in the City of. Dubuque, Iowa, which notice shali he not less than four days nor rno~ than twenty days prior to the day fixed for its consideration. At the hearing, any interested persoe may al~ and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 3rd day of Felnuary, 1992. Attest: Mama A. Davis City Clerk Council Member James E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member K]uesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kring, Nagin, Nichcison, Voetberg. Nays--None. 51 Regular Session, February 3, 1992 RESOLUTION NO. 4%92 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Jones Street Storm Sewer Extension is hezeby ordered to he advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany eoch bid shall he in an amount which sludl conform to the provisions of the notice to bidders hereby approved az a par~ of the plans and spec'dicndons heretofore adopted. That the City Clerk is hereby directed to advertm for bids for thn construction of the improven~nts herein provided, to he published in a newspaper having general cLvcniation in the City of Dubuque, lows, which notice shall not he less than four days nor more than twenty days prior te the receipt of said bids at 2:00 p.m. on the llth day of February, 1992. Bids shall he opened and zead by the City Clerk at said time and will he submitted to the Council for final action at 7:30 p.m. on the 17th day of Feheumy, 1992. Passed, adopted and approved this 3rd day of Pebma~, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voethe~ moved adoption of the Resolution, Seconded by Council Member Kluesner. Canled by the following vote: Yeas--Mayor Brady, Council Members Dnich, Klnesner, Kfiag, Nagle, Nicholson, Vaetho'g. Nays--None. MINUTES SUBMITTED -- ElecUical Code B~rd of 1-14; Five Flags Commission of 1-2~, Historic Preservation Commission of 12-11 & 1-8; Housing Code Appeals Board of 11-19 & 12-19; Long Range Planning Commission of 1-15; Joint Work Session of City Council, Zoning Commission and Zoning Board of Adjustment of 1-13; Transit Board submithng Comparative Earnings Statement and Statistics for 2nd quar~r of FY'92, presented and read. Council Member Kluesner moved that the ~ninut~s be received and fi]ad. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Memhe~s Doich, Kluesner, Kricg, Nagle, Nicholzou, Vo~tb~g. Nays None. NOTICE OF CLAIMS/SUITS -- Gary R. Grimme in amount of $130,000 for damages; Jim McD~rmo~ in amount of $530.75 for car damages; Janet & M~chnni Schmit in the amount of $67.50 for tire damages; Scott and Jaymis Tuthill in amount of $551.50 for liability damages; Teresa M. Wemett in amount of $426.78 for car damages; Gall C. Welp in amount of $234.08 for tim damages, ptesen~d and ~ead. Council Member Kluesner moved that the claims and suits be referred to the Legal Staff for investigation and repo~ Seconded by Council Member Nagin. Carted by the following vote: Yeas--Mayor Brady, Council Members Dnich, Klnesne~, Kfiag, Nagle, Nicholson. Voetherg. Nays--None. Communications of Corporation Counsel recomn~n&ng settlement of following claims: car dar~ge claim of Kathy Brokns in the amount of $113.56; Property damage claim of Richard Gotz in amount of $18.00, presented and read. Council Member Klucsner moved that the communication be received and fded and setdements approved and Finance Director to issue proper checks. Seconded by Council Member Nagle. Carted by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Kluesner, Kriag, Nagle, Nicholson, Vectherg. Nays---Nouo. Communication of Corporation Counsel advising of ciosm'e of retain of property claim of Clarion Hotel, presented and read. Counc'd Member Kluesner moved that the communication he received and filed. Seconded by Council Member Nagle. Carried by the following vote: Ye0z-- Mayor Brady, Council Members Dnich, Kinesner, Faing, Nagin, Nicholson, Voctherg. Nays--None. REFUNDS REQUESTED -- Bridge Restaurant in amount of $422.50 on unexpired Liquor License; Driscoll's Touch Free Wash, Inc. in amount of $37.50 for unexpi~t Beer Permit; Thomas Voassen in amount of $42Z50 on unexpired Liquor License; The Yardenn $422.50 on unexpired Liquor License, presouted and read, Council Mumbo' Kluesner moved that the refunds be approved and Finance Director to issue proper checks. Seconded by Council Member Nagle. Cartad by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kriag, Nagla, Nicholson, Vcotherg. Nays--None. Regular Session, February 3, 1992 Communication of City Manager submitting Financial repast for the me, th of December, 1991, im~sentad and read. Council Member Klansner movad that tho communication be received and filed. Seconded by Council Member Nagle. Canied by the following vote: Yea~-- Mayor Bnniy, Council Memhem Dcich, Kinesner, Yaing, Nnglc~ Nicholson, Voetherg, Nays--None. Communication of iowa DOT advising of condemunilon of ceftin tights for the improvement of l~imery Rood U.S. 20 for properties owned by Kem~it Meyer et al and James Collln~ et al, prezen~t and read. Council Member Klucsner moved that ~he oummunicatiou he ~e. ceived and filed. Seconded by Council Member Nagle. Carried by the fofiovtJng vote: Yeas-- Mayor Brady, Council Members Deich, Kluesner, lqring, Nagle, Nicholson, Voetherg. Nays---None. Communication of E. Eugene Perry supporting the joint funding request concerning the Dubuque Symphony Orehns~ra, presented and read. Council Member Kluesner moved that the communication he referred to the Budget. Seconded by Council Member Nagle. Cmtied by the following vote: Yeas-- Mayor Brady, Council Members Daich, Kluesner, Kring, Nagle, Nicholson, Voetherg. Nays--None. Communication of Gernidine Lochner requesting recycling bins come with lids ou them, presented and read. Council Member Kluesner moved that the communication he received and filed. Seconded by Council Member Nagle. Can'ied by the following vote: Yc~s--Mayor Brady, Council Members Dnich, Kluesner, Ktiag, Nagin, Nicholsou, Voetberg. Nays---None. Saunary 24, 1992 Honorable Mayor and Members of the City Council In accordance with Chnpter 400 of tho 1991 Code of Iowa, ~s amended, the Civil Service Commission conducted Promotional Examinations on December 17, 1991 for members of the Police Deperm~nt for the poaltion of Police Coqx~l. We be~by certify that the following members of the Dubuque Police Department have successfully passed the written promotional examination and promotion for the position of Police Corporal, within the Police Deparmlent, shall he made from the foilowing list. POLICE CORPORAL Terrenoo Tobin Kcvin Hahn Shane O'Bfiou Thomas Hiatt Daniel Sabers Curtis Bailey Brian lobgen Respectfully submitted, Gerald J. Koppes, Chairman Rohert M. Miller Pat Dillon Civil Service Commission Council Member Kluesner moved that the communication be ref.~ived and filed and resolved to make a matter of record. Seconded by the Council Member Nagle. Carted by the following vote: Ye~z-- Mayor Brady, Council Member~ Dnich, Kinesner, Kring, Nagle, Nicholsou, Voctherg. Nays--None. Proof of Publication certified to by the Publisher on Notice of filing of Final Plat and schedule of as~essn~nt for the 1991 Sidewalk Repair Project, presented and read. Council Member Kinesner moved that the proof of publlcatiou be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dnich, K]uezner, Kriag, Nagle, Nicholsoa, Voetberg. Nays--Noun. Petition of Ru~sel Nouwoehner, on behalf of Holy Ttithty Catholic Church, requesting vaf~tion of the unln~proved and unused alley between Rhomherg and Lincoln Ave, f~om Whittier to Hamilton, preseated and read. Council Member Kluesncr moved that the petition be tefezred to the City Manager and staff for investigation and report. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Memhe~ Deinh, Kincsner, Ktiag, Nagin, Nieholson, Vcetb~g. Nays--None. Communication of City Manager requesting a]yproval of an agreement with the Greater Dubuque Developn~nt Corporation (GDDC) for e, co~omic devniopmgnt ~rvices in thn amount of $60.000 for current fi~ year, presented and read. Council Member Kinesner moved that the communication be received and filed and agreement approved. Seconded by Council Member Nagle. Carried by the following vote: Yeas-- Mayor Brady, Council Mcmber~ Dnich, Kinesner, Krieg, Nagin, Nicholson, Voetberg. Nays--None. Regular Session, February 3, 1992 Commun~catlon of Swiss Valley Farms submitting their audit report for fiscal year ending September 30, 1991, presented and read. Council Member Kinesn~ moved that die communication be received and filed. Seconded by Council Member Nagie. Carried by the following vote: Yeas-- Mayor B~edy, Coancil Members Deich, Klueaner, Krleg, Nagle, Nicholson, Vootberg. Nays---None. Communicallon of Dubuque Associadon suhniUing 2 copies of their audit for 1991, presented and read. Council Member Kluesner moved that the communication be received and Seconded by Counc'ti Member Nagle. Canied by the following vote: Yeas-- Mayor Brady, Council Members Kluesne~ Nays--Non~. Communication of City Manager submitting die Fiscal Year 1991 Audit Reports as prepared by Helle, Klosterman and Company, CPA's, presented and read. Council Member Kluesr~r moved that the communication recdived and filed. Seconded by Couecti Member Nngin. Canied by tho following vote: Yans--- Mayor Brady, Counc'd Members Deich, IGuesner, lC~ieg, Nagie, Ninholson, Vcetberg. Nays--None. Council recessed at 9:33 p.m.; Council reconvened at 9:47 p.m. Communication of City Mannger submitiing Fiscal Year 1993 Budget and supporting documents, presented and ~ead. Council Member IGuesner moved that the communication be refen'ed to the Budget Process. (Lot the Record show the that Five Ye~ Capital Inq~rovemcot Program (CIP) was presented to the Counc'd at their meeting on 14L92). Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klansner, Kaieg, Nagle, Nichnison, Voetberg. Nays--None. There being no further business, Council Member Klecaner moved to udjom'n the meeting. Seconded by Council Member V~etberg. Carried by the fOAowing vote: Yeas---Mayor Brady, Council Members Dnich, Kluesn~, Kring, Nngle, Nichnison, Voetberg. Nays---None. Meeting adjourned at 10:36 p. ra. Mm'y A. Davis City Clerk 1993. Attest: Regular Session, February 17, 1992 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, Febnauy 17. 1992. Council n~t at 7:30 p.m., Public Library Auditorium. Present: Mayor Brady, Counc'fl Members Deich, Kluesner, Kfing, Nngin, Nicholson, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come befo~ die Council. Invocation was given by Rev. Donald Boober, F~xecufive Director for Dubuque Rescue Mission. Communication of City Manager resubmitting recommendation to enter into an ag~ment with Clapsuddle-Garber and Associates to conduct Water Disuibotion Modeling Study and GIS Mapping Project, pre~ented and ~eani. Council Member Kluesner movud that the conununication be received and filed and agreement approved. Seconded by Council Member Kdng. Carried by the following vote: Ye~--Counnil Members Kluesner gaing, Nagie, Voetberg. Nays---Mayor Brady, Couecil Members Doich, Ninholson. Council Member Deich moved to suspend the rules to allow anyone present to address thc Council if they so desire. Seconded by Council Member Voetberg. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Dcich, Klansner, Kricg, Nagie, Nicholson, Voetherg. Nays--None. Resolution Of N~w. essity Finding that the amended and expanded Ice Harbor Urban Renewal District is a blighted area and that red~vulopment of said aves is necessary in the interest of die residents of the City of Dubuque, lowa, said Resoluilon tabled at the meeting of Jananry 20, 1992, presented and re~d. Council Member Voetberg moved that the Resolution be removed from the table and received and filed. Seconded by Couw'd Memb~ Nicholson. Cm~ried by die following vote: Yeas--Mayor Brady, Council Memhe~ Deich, Klucsner, Kring, Nagie, Nichnison, Vo~tberg. Nays--None. Communication from the City Manager recommending the Amendment and Expansion of the Ice Harbor Urban Rcnewul Disuici, presented and read. Council Member Voetberg moved that the communic~on be received and filed. Seconded by Council Member Nicbolaon, Carried by the following vote: Yeas---Mayor Brady, Council Membe~ l~ich, Klnesner, Kring, Nagle, Nicbolson, Voetberg. Nays--None. RESOLUTION NO. 48-92 RESOLUTION DETERMINING THE NECESSITY AND SETHNG A DATE OF HEARING ON A PROPOSED AMENDED AND RESTATED ICE HARBOR DISTRICT URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF DUBUQUE, IOWA Whereas, on December 18, 1989, the City Counc'fl, after public heating, duly adopted an Urban Renewal Plan for the Ice Harbor Urban Renewal District (the "District"); and Whereas, the District as so adopted consisted of the real property then legally described as follows: Thai area generally bordered on the north by the public alley located between the vacated Fourth Street and Third Street, on the west by the Chicago, Central and Pacific Ratiroad (CC&P RR), on the south by East First Street, and on the east by the municipal limits of the City of Dubuque, lowa Whereas, it ha~ been proposed that the boundaries of said District now be expanded to facililate the removal or improvement of blighting elements and to assist development and redevelopment within said Dis~ct; and Whereas, it h~s been proposed that the following ~ property now be added to the District: That area generally borde~exl on the north and on the west by the Chicago, Cen~ni and Pacific Railroad (CC&P RR), tm die south by the public alley located between the vacated Fourth Regular Session, February 17, 1992 by the municipal limits of the City of Dubuque, Iowa Whereas, this Counc'fl has ~easonabl~ cause to believe that tho expanded ama described below satisfies the eligibility cdterla for designation as an urban renewal area under Iowa law and has caused there to he lW~pared a prop~ed Amended and Restated Ice Harb~ Urban Renewal District Urlmu Renewal Plan (the 'Tinn") for the area described therein, which proposed Plan is uttanhed hereto a~ Exhibit A; and Whereas, the area within the proposed District, as so an~nded and expanded, would include and consist of thc ~ property now dascribefi as follows: That area generally berdeznd on tho north and on the west by the Chicago, Central and Pacific Railmnd (CC&P RR), on the south by East First Street, and on the east by the municipal limits of the City of Dubuque, Iowa Where. as, it is hereby found and determined that the an~nded and expanded area described above is an area of blight as defined in Chapter 403, Code of Iowa, and that tho rehabilitation, conservation, reAevuloprc~nt, development, or combination thereof, of such area is necessary in the inte~st of the public health, safety or warfare of the residents of the City; and City Council to submit the proposed Amanded and Restated Ice Harbor Urban Planning Commission for review and recommendation as to its conformity with the general plan for development of the City as a whole, prior to City Council appwval of such urban renewal plan and further provides Council within thirty (30) days of its receipt of such proposed Amended and Restated Ice Harbor Urban Renewal District Urban Wbereas, the Iowa statutes further require the City Council to hold a public heating on an urban renewal plan for an urban renewal project subsequent to notice thereof by publication in a newspaper having geueral circulation within the City, which notice shall describe the tirc~, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the amended and expanded area of the District described in thc preamble hurcof is an area of Might, az defined in Chapter 403, Code of Iowa, and that the rehabilitation, conservation, redevelopment, development, or combination thereof, of such area is necessary in the interest of the public health, safety or ~elfare of the residents of the City. Section 2. That a public hearing shall be held on the prop~ed Amended and Restated Ice Harbor Urban Renewal District Urban ~enewal Plan before thc City Council at its meeting which commences at 7:30 o'clock p.w. on April 6, 1992, in the Auditorium, Camegie.-Stout Public Library, Dubuque, Iowa. Section 3. That the City Clerk is authorized and directed to publish notice of this public hearing in the Telegraph Herald, once on a data not less than four (4) nor more than twenty (20) days before tho date of said public hearing, in substantially the following form: (One publication Reqnix~l) NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED AMENDED AND RESTATED ICE HARBOR DISTRICT URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF DUBUQUE, IOWA The City Council of the City of Dubuque, Iowa, will hold a public heating bafom itsulf at its me~fing which commences at 7:30 o'clock p.rm on April 6, 1992, in the Public Libta~y Auditorium, Dubuque, Iowa to consider adoption of a proposed Amended and Restated Ice Harbor Urban Renewal District U~oan Renewal Plan (the "Plan") concerning a proposed Urban Renewal Area in Dubuque, Iowa described as follows: That $xea generally bounded on thc nesth and on the west by the Chicago, Central and Pan[tic Railroad (CC&P RR), on the south by East First St~et, and on the east by the municipal limits of the City of Dubuque, Iowa which land is to be included as part of this proposed Urban Renewal Area. Regular Session, February 17, 1992 Thc Plan is an amendment and restaterrent of the Urban Renewal Plan for thc Ice Harbor Urban Renewal Disaict adopted by the City Council on December 18, 1989. The purpose of the amended and restated Plan is to expand the Urban Renewal Area to facilitate the elimination of blighting influences and to assist the development and ~ievelopment of the expanded arcs. The general scope of the urban renewal activities under consideration in the Plan is to assist the development and redevelop- ment of the area through various public purpose activities, including but not limitad to the development or improvement of necessary access roads, rezohing of property, provision of public utilitias, demolition and site preparation and sale of land for devulopment purposes. To ancomplish the objectives of the Plan, and to encourage the development of the expanded Urban Renewal Area, the Plan provides that the City else may undertake special financing activities on behalf of industries and businesses located within the Urban Renewal Area, through tbe making of loans or grants of public funds under Chapter 1SA of the Code of Iowa, the construction of commercial or industrial buildings and facilities by the City in the Uffoan Renewal Area for sale or lease to private devulopers and the funding of the local matching share of state and fcAeral grants. The Plan provides that the City n~y issue bonds or use available funds for such purposes and that tax increment reimbursement of such co~ts will be sought if and te the extent incurred by the City. The Plan further provides that the Plan may be an~nded from time to time to respond to developrmnt opportunities. A copy of the Plan is on file for public inspection in the office of the City Clerk, City Hall, Dubuque, Iowa. The City of Dubuque, Iowa is the local public agency which, if such Plan is approved, shall undertake the urban renewal activities described in such Plan. Any person or organization desiring to be heard shall be afforded an opportunity to he heard at such hearing. This notice is given by order of the City Council of Dubuque, Iowa, as provided by Section 403.5 of the Code of lo~a. Dated this 20th day of March, 1992. Mary A. Davis City Clerk, Dubuque, Iowa (End of Notice) Section 4. That the proposed Amended and Restated Ice Harbor Urban Renewal District Urban Renewal Plan, attached hereto az ,Exhibit A, for the proposed Urban Renewal Area described therein is hereby officially declared to be the proposed Amended and Restated Ice Hagoor Urban Renewal District and Ice Harbor Urban Renewal District Urban Renewal Plan reran, ed to in said notice for puq0oses of such notice and hearing and that a copy of said Plan shall be placed on file in tho office of rite City Clerk. Section $. That the proposed Amended and Restated Ice Harbor Urban Renewal District Urban Renewal Plan he submitted to the Planning Commission for review and recommendation as to its conformity with the general plan of the City as a whole, with such recommandadon to he submitted in writing to this Council within thirty (30) days of the date hereof. Passed, approved and adopted this 17th day of Fchmary, 1992, Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voctberg moved adoption of the Resolution and further set it for Hearing on April 6, 1992 at 7:30 p.m. in thc Public Library AudiWfium and directed the City Clerk to publish notice. Seconded by Council Member Nicholson. Carried by the following vote: Yeas---Mayor Brady, Council Membar~ Delch, Kluesner, Kriag, Nagle, Nicholson, Voetberg. Nays--None. Petition of Ed Nicholson, General Manager of The Fischer Companies; Petition of Attorney David Hammer, and Petition of John Hcndry and ropm~ntafives of thc Adams Company, all requesting to address the Council regarding thc Urban Renewal Plan, presanted and read. Cotmcil Member Voetberg moved that the petition be received and filed. Seconded by Council Member Nicholaon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krlag, Nngin, Nichulson, Voetbevg. Nays--None. David Hammer, on behalf of Fischer Co., Ed Nicholson as General Mgr.of the Fischer Co., Altorney Alien Curew representing the Adams Co., Ken Hartig, lhes. Of Harbor Place, John Hend~y, of the Adams Co., all objected to the proposed Urban Renewal Regular Session, February 17, 1992 district. John Hnikemeyor sl~kc in favor of Petition of Rob~t Bertsch, on b~half of Carl L and Mary Ann Burba~h, renluesting an ~xtension of time for filing the n~cessary bonding requirements in ~cordanee with Resolution No. 30-92 and communication of City Manager recommending affproval to grant extension as requested by Mr. and Mrs. Bmbach, presented and read. Council Meanber Voctberg moved that the petition and communication be recnived and filed, Seconded by Council Member Nicholson. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Khicaner, Kfiog, Nagle, Ninholsnn, Voatberg. Nays--None. RESOLUTION NO. 49-92 A RESOLUTION RESCINDING RESOLUTION NO. 30-92 AND REAFFIRMING 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. Whereas, there has been filed with the City Clerk a 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; and Whereas, upon said final plat appear sneer(s) to he known as Cora Drive and Donovan Drive, dasignnted on said plat as Lot B, together with certain public utility and/drainage easements which the Owners by said final plat have dedicated to the public forever, and Whereas, said final plat has been examined by the Zoning Commission and had its approval endorsed thereon subject the owner(s) agreeing to the conditions noted in Section 3 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to tho statutes and ordinances relating to it, except that no st~cts or public utilities have yet hecn constructed or installed; and Whereas, the City Council concurs in the conditions of approval established by the Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: So, Ion l. Rcsohition No. 30-92 is hareby rescinded. Seetlnn 2. That thc dedications of Cora Drive and Donovan Drive, shown on said flat aa Lot B, together with thc easements for public utilities and drainage aa they appear upon said ilnal plat, be and the same are hereby aceaptcd; and Section 3. That thc 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, is hereby approved and the Mayor and City Clerk ate hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with conerete paving with integral curb, all in accordance with the City of Dubuque stand~d specifications; all in a manner acceptable to the City Engineer and in general conformance with the approved preliminary plat; b. To install sanitary sewer mains and sewer service la~'als in a manner acceptable to the City Engineer and in general confommnce with the approved preiim~nnt~ plat; o. To install water mains and water se~wice laterals a manner acceptable to the City Engineer and in general conformance with the approved preliminary plat~ d. To install storm sewers and caleb basins in a manner acceptable to the City Engineer and in general conformance with the approved preliminary plat: e. To install concrete sidewalks as required by Ordinances, where directed by the City Engineer and the City Manager in a manner acceptable to the City Engineer and in conformance with the approved preliminary pla~ £ To install boulevard street lighting in accordance with City specifications Regular Session, February 17, 1992 in a manner acceptable to the City EogJne~ and in general conformance with the approved preliminary plat; To construct the foregoing improvements in aceonlance with plaaa and suporvisino approved by thc City Manager, under thc inspection of the City Engineer, and in a nmnncr approved by thc City Manage~, To construct said improvements, except sidewalks, prior to one year from the date of acceptance of this resolution; i. To construct sidewalks in accordancc with thc requirements of Section 42- 24(e) of the City Code, sp~ificaily: Sidewalk installation shall be the responsibility of the owner of thc property abutting the public sight-of- way. The responsibility shall extend to all successors, heirs and assignees. Sidewalk histsllation will not be required until the development of tho lot has been completed, except as required heroin, In sparsely developed subdivisions, sidewalks on developed lots will not he reqni~ed until 50% of the lots approved by the plat have been developed, All vacant lots shall have sidewalks histallcd upon deveiopmont of 80% of the lots approved by tho plat. j. To maintain the foregoing improvements for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa; k. To install temporery cai-da-sac(s) at the westerly end of Cora Drive and the south end of Donovan Drive and maintain said cul-de-sac(s) until Cora Drive and Donovan Drive are extended; To providc the foregoing construction and maintenance at the sole expense of the subdivider, as owner, or futol~ owneg m. To perform all c~ion control mess mv.s in a manner consistent with the approved grading and erosion control plan. n. To provide easements on LOts 9, 10, 20 and 21 as necessary for storm And fmthcr provided that said Carl J. and Mary Ann Burbach, as owners of said property, shall secure the performance of the foregoing conditions provided in Section 3 by lxoviding security in such form and with such smefies as may he acceptable to the City Manager of the City of Dubuque, Iowa. Section 4. That in the event the above mentioned owner of said property shall fail to execute the acceptance and furnish the security provided in Section 3 hereof within sixty (60) days after the date of the Resolution, the provisions hereof shall be null and void and the acceptance of the de.cation and approval the plat shall not be effective. Passed, approved and adopted this 17th day of February, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 49-92 We, the undersigned, Carl L and Ma~y Ann Burbach, having read thc terms and conditions of the Resolution No. 49-92 and being familiar with thc conditions thereof, hereby accept this same and agree to thc conditions mqnired therein. Dated in Dubuque, Iowa this 18th day of Febeua~, 1992. By/sK?arl J. Bt~bach By/s/Mary Ann Bu~bach Council Member Vootberg moved adoption of thc Resolution. Seconded by Council Member Nicholson. Cnn'led by the foHowiog vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, IG%g, Nagle, Nicholsoo, Voetherg. Nays--None. Petition of Council Member Nagle requesting to withdraw or rescind his vote regarding the recycling program that was voted on at special session held on January 13, 1992, presented and read. Council Member Nagle moved to rescind his vote regarding mandato~ reeyeiiog and adoption of Resoluticm approving an Agm~mant for proeessing and marl~ting of reeyclabies. Seconded by Coundl Member Nicholson. Carried by the following vote: Ye~s-- Mayor Brady, Council Members Deieh, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Regular Session, February 17, 1992 60 59 Regular Session, February 17, 1992 RF~OLUTION NO. 50-92 Whereas, Applications for Beer Permits have been submitted and filed to this Council for approval and thc same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with thc Ordinances of this City and have filed proper bends; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Kids World Pizza Place & Fun Center Sunday Sales 3033 Asbury Rd CLASS"C"BEERPERMIT Passed, approved snd adopted this 17th day of February, 1992. Attest: Ma~y A. Davis City Clerk James E. Brady Mayor Council Member Kluesnar moved adoption of the Resolution. Seconded by Council Memhar Deich. Carried by thc following vote: Yens--Mayor Brady, Council Members Deich, Kluesnur, Kfieg, Nngle, Nicholsou, Vcetberg. Nays--None. RESOLUTION NO. 51-92 Whereas, applications for Liquor Licenses have been submit~d to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupiad by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thel~to and tbey have filed proof bonds; NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That thc Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Dubuque Lodging, Inc. Days Inn Sunday Sales 1111 Dodge St, CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Town Clo~k Inn, Inc. 8th Town Clock PL Town Clock Inn CLASS "E" LIQUOR LICENSE Dennis A. Althaus Family Beverage Centc~ Passed, approved and adopted this 17th day of February, 1992. James E. Brady Mayor Attest Mary A. Davis City Clerk Council Member Kluesner moved adoption of tha Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluasnur, Krieg, Nngle, Nicholson, Vootberg. Nays--None. Coanoll recessed at 8:37 p.m.; Council reconvened at 8:52 p.m. Proof of Publication certified to by the PubBsher on Notice of Public Hearing establishing tbe Holy Trinity Revitelizadon area as an Urban Revitalization A~a, Communication of Long Range Planning Commission advising this Plan is consistent with olty-wide compr~hansive planning effort, Petition containing 605 signatures objecting to the designation of tho Holy Trinity Convent for the reason of tax abatement, presented and xnad. Council Member Kriag moved that the proof, communication and petition be received and filed. Seconded by Council Member Nichol~on. Caxried by the following vote: Yce.v---Mayor Brady, Coundil Members Deich, Kluesnur, Kriag, Nngle, Nicholson, Voetberg. Nays--None. Julie Woodyard of Alta Vista SL, Bob Fisch of the Housing Comm., Don Schadle, 1218 Lincoln, Phll Wulfekuhie and Terry Malurs, members of Euchre Investments and a member of ~he Holy Trinity Pmish Council all spoge suppor~g the proposed project. Cam Doerr, 1801 Lincoln and David Goetziager, 1795 Lincoln, beth spoke objecting to the project. An Ordinance listaNisbiag the Holy Trinity Revitalization area as an Urban Revitalization Area pursuant to Chapter 404 of the Cede of lows, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 13-92 AN ORDINANCE ESTABLISHING TIlE HOLY TRINITY REVITALIZA- TION AREA AS AN URBAN REVITALIZATION AREA PUR- SUANT TO CHAPTER 404 OF TItE CODE OF IOWA NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Holy Trinity Revitalization Area as hereinafter described shall hereafter be designated an urban revitalization area pursuant to Chapter 404 of the Code of Iowa, 198% to wit: Lot 467, Lot 468, the easterly l0 feet of Lot 466, the northwesterly 50 feet of Lots 427 and 428, and the public alley which adjoins and lies between Lots 427 and 428 and Lots 467 and 468, all in Ham's Addition in the City of Dubuque, Dubuque County, Iowa, commonly known as 1724 Lincoln Avenue Seetlon 2. That the Holy Trinity Revitelizafion Area Urban Revitalization plan hereto attached as Exhibit "A" is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said plan, including but not limited to the tax abatement schedule and term of urban revitalization designation. Section 3. That said Holy Trinity Revitalization Area Urban Renewni Revitalization Plan shall hereafter be on file in the City Clerk's Office, City Hall, Dubuque, Iowa. Passed, approved and adopted this 17th day of February, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24di day of Fcbrua~, 1992. Mary A. Davis It 2/24 City Clerk Council Member Kring moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council mcelings prior to the me. flag at which it is to be finally adopted be suspended and further moved final edopdon of the Ordinance. Seconded by Council Member Nichdison. Vote on the motion was as follows: Yeas~ouncil Members Kluesncr, Kaing, Nagle, Nicholson, Voctharg. Nays--Mayor Brady, Council Member Daleh. Motion failed due to lack of 3/4 vote. Mayor Brady voted to reconsider the vote. Seconded by Council Member Vcetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesnur, Krieg, Nagle, Nieholson, Vo~tberg. Nays--None. Council Member Krieg moved that this be considered the first reading of the Ordinance, and that the reqni~ment that a proposed Ordinance ha 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 Nicholson. Carried by the following vote: Ye. as~Mayor Brady, Council Member~ Klunsner, Kficg, Nagle, Nicholson, Voetberg. Nays--Council Member Deich. Proof of Publication certified to by the Publisher on Notice of Public Heating for the purtx~e to consider a Residential Parking Permit District in St. Mmy's Street and Emmett SUeet area, prnsented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Voetharg moved that the proof of pobllcation ha received a~d filed. Seconded by Council Member Krlng. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Krieg, Nagle, Nicholson, Voetherg. Nays~None. 61 Regular Session, February 17, 1992 An Oadinance An~nding the Code of Ordinances of the City of Dubuque, Iowa by adopting a new Section 32-395 thereto providing for the Designatic~ of a Certain Area as a Residential Parking Permit District "B" for "St, Mary's Street, from 3rd Street to Emmett Street and Emmett Street, from St. Mary's Street to Bluff Street", presented and (OFFICIAL PUBLICATION) ORDINANCE NO. 14-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF TILE. CITY OF DUBUQUE., IOWA BY ADOPTING A NEW SECTION 32. 395 THERETO PROVIDING FOR THE DESIGNATION OF A CERTAIN AREA AS RESIDEM'IAL PARKING PERMIT DISTRICT Whereas, Sections 32-381 through 32-393 of tho Code of Ordinances of the City of Dubuque, Iowa empowers tho City Council to establish a Residential Parking Permit District upon receipt of a valid petition and the finding of certain conditions; and Whereas,' a valid petition has been re~ived to declare an area described as follows as a Residentini Parking Permit District between the hours of 6:00 mm. and 10:00 p.m. daily, except Sundays and Holidays. SL Mary's Street, from 3rd Street to Emmett Street Emrcett Street, fwm St. Mary's Street to Bluff Street; and Whereas, the City Manager has caused a parking study of the above identified area to be conducted, and which study has estab- lished that the area meets thc criteria as established in Section 32-383 of the Code of ordinances of the City of Dubuque, Iowa; 1. At least 80% of the cwbalde parking spaces in the proposed Parking Permit District wore utilized during 2. At least 25% of the curbside parking spaces in the proposed Parking Permit District w~e utiEzod by nonresident pe~ars; and Where.% the City Manager, based upon the petition and the results of the parking study, reeomn~nds to the City Council that the mca be designated as a Residential Patting permit District during the hours of 6:00 a.m. to 10:00 p.m. daily, except Sundays and llolidays; and Wharea& the City Council pursuant to public notice published on February 7, 1992, met in session on they 17th day of February, 1992 for thn purpose of hearing all interested persons and representatives of organizations and to consider any and nil objections which have been filed to the proposed designation of the above area as a residential parking permit district during the hours of 6:00 a.m. to 10:00 p.m. dally, except Sundays and tlolidaysi and Whereas. all interested parties have been given an opportunity to be heard and all objections have been duly considered. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIl. OF THE CITY OF DUBUQUE., IOWA: Section 1. That a petition containing the required number of signatures and meeting the intent and purposes of Section 32-381 through 32.393 of the Code of Ordinances of the City of Dubuque, Iowa has been received by the City of Dubuque. Section 2. That any and all objections to the designation of the area as a Residential Parking Permit District during the hours of 6:00 a.m. to 10:00 p.ro. daily, except Sundays and Holidays be and the same are overruled. Section 3. That the recommendation of the City Manager based upon the petition and tbu parking study to designate tho area as a Residential parking Permit Dis~ct during the hour~ of 6:00 ~.m. to 10:00 p.m. daily, except Sundays and Holidays, is hereby approved and accepted. Section 4. That the Code of Ordinances of the City of Dubuque, Iowa be amended by enacting a new Section 32-395 as follows: "See. 32-395. Residential Parking Permit District "B." (a) The following described area constitutes a Resldcnfial parking Permit District designated as Residential parking Permit District St. Mary's Street, from 3rd Street to EmmeR Street; Emmett Street, from St. Mary's Street to Bluff Street Regular Session, No vehicles shall park curbaide in Residential Parking Pemtit District "B" during the hours of 6:00 s.m. to 10:00 p.m. daily, except Sundays and Holidays without displaying a valid paddng permit issued by tho City." Section $. That tho City Clerk is hereby die.ted to mail to evecy dwblling unit within the designtued district the documents pre~cribud by Section 32.385 of the Code of Ordinances of the City of Dubuque, Iowa, Passed, approved and adoptud this 17th day of February, 1992. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Iiernid newspaper this 24th day of February, 1992. Mary A. Davis It 2/24 City Clerk Counc'fl Member Vcetburg moved that this be considered the first reading of thc Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meetiag at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Faieg, Carried by the following vote: Yems--Mayor Brady, Council Members Daich, Klansner, Krieg, Nagle, Nicholson, Vcetburg, Nays--None, Proof of Publication certified to by the Publisher on Notice of Public Heating to consider disposing of City's interest and vacating a sanitmy sewer easement on Lot 1 of 1 of Edwards Place at Center Grove, presented and read. The, re were no written objections received and no oral objectors present at the time of the Hearing. Council Member Krieg moved that the proof of publication bu received and flied. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Vcetherg. Nays--None. RESOLUTION NO. $2-92 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general dreulation published in the City of Dubuque, lows, on the 7th day of February, 1992, the City Council of the City of Dubuque, Iowa met on the 17th day February 17, 1992 62 of February, 1992, at 7:30 p.m. in the Public Library Auditorium, llth and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the vacating and release of real estate desc~ibud as: a portion of an existing ten foot wide sanitsxy sewer ea~ment on Lot 1 of 1 of Edwards Place at Center Grove in the City of Dubuque, Iowa according to the recorded plat~ thereof and as shown on Exhibit "A' attanhed hereto and by reference made a part bureof; and Whereas, the City Council of the City of Dubuque, Iowa overnded any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the hereinabove described real estate to Midwest Heritage Inn of Dubuque, Inc. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in read property descfihed as a portion of an existing 10 foot wide sanitmy sewer easement on Lot 1 of 1 of Edwards Place at Center Grove in the City of Dubuque, Iowa to Midwest Herituge Inn of Dubuque, Inc. be and the same is hereby approved for the cat of publication and filing fees. Section 2. That the proposal to dedicate a new 20 foot wide sanitary sewer easement on said property as set out by the owners, be and the same is hereby approved. Section 3. That the Mayor and City Clerk he authorized and di~cted to execute a ~lease of easement, and the City Clerk be and is hereby autborized and directed to deliver said release to the above named grantees upon receipt of the above fees. Section 4. That the City Clerk be and is hereby authorized and directed to record a cecdfied copy of this resolution in the office of the City Assessor, Dubuque County Recorder, and the Dubuque County Auditor. Passed, approved and adopted this 17th day of February, 1992. Jarms E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Krieg moved adoption of the Resolution. Sec~dod by Council 63 Regular Session, February 17, 1992 Member Kluesner. Canicd by the following vote: Yeos--Mayor Brady, Council Members Dnich, Kiuesner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None, Proof of Publication codified to by the Publisher on Notice of Heating on Plans and Spccificallons for the Jones SUeet Storm Sewer Extension, presented and read. There were no objections received and no uni objecto~ prnsont at the time of the Heasing. Council Member Voetberg moved that the proof of publication be rea:eived and ~ed. Seconded by Council Member Klunsner. Carried by the following vote: Yeas--Mayor Brady, Council Members Duich, Kluesner. Kring, Nngle, Nicholson, Voetberg. Nayw-None. RESOLUTION NO. $3~92 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 29th day of January, 1992, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Jones Snoot Storm Sewer Extension. Whereas, notice of heating on plans, specifications, form of contract, and estimated cost was published as required by law. NOW TtlEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are he. by approved as the plans, specificallons, form of contraot and estimated cost for s~dd improvements for said project Passed, adopt~l and approved this 17th day of Fcbmmy, 1992. Attest: Mary A. Davis City Clerk Council Member Jarc~s E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member gluesner. Carted by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nichols(m, Voetberg. Nays--None. Proof of Publieadon certified to by the Publisher on Notice to Bidders of the receipt of bids for the construction of Jones Sneer Storm Sewer Construction and communica- tion of City Manager recommending to award contract for project, presented aqd read. Council Member Veetberg moved that the proof and eonmmnication be mcnived and filml. Seconded by Council Mem~r Kluesner. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Klananer, Kfiag, Nnglc, Nicholson, Voetbevg. Nays--None. RESOLUTION NO. ~4-92 AWARDING CONTRACT Whereas, sealed l~Oposals have been submltted by contractors for the Jones Street Storm Sewer Extension pm'suant to Resolution No. 47-92 and notice to bidders published in a newspaper published in the City of Dubuque, lows on the 6th day of February, 1992. Wbere~, said sealed proposals were opened and re. ad on the 11th day of Pebruary and it has been determined that the bid of Sul~rior Excavating of Dubuque, Iowa in the amount of $16,966.00 was tho lowest bid for the fm'nishings of all labor and materials and performing the work as provided for in the plans and specifc~tions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tbe contract fc~ the above improvement be awarded to Supoilor Excavating and the Manager be and is hereby directed to execute a contract on behalf of tho City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of snid contract and the approval of the contrac~r's bond, the City Treasurer is authorized and insbmoted to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 17th day of February, 1992. Attest: Mary A. Davis City Clerk Council Member Jar~s E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Membex Kluesner. Carried by thc following vote: Yeas--Mayor Brady, Council Members Dcich, Kinesner, Krleg, Nagle, Nichols{m, Voetberg. Nays--None. Regular Session, February 17, 1992 Communication of City Manager submitting resolutions auflmrizing the publication of official notices of the public hearing xeqnired in coanemgon with the adoption of the Fiscal Year 1993 City Budget, p~sented and read. Conncil Member Voetberg moved that the communication be reedivad and filed. Seccoded by Council Member Khesnor. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Kreg, Nagla, Nicholson, Voetberg. Nays---None. RESOLUTION NO. $5.92 RESOLUTION SETTING THE DATE OF THE PUBLIC tlEARING ON THE FISCAL YEAR 1993 BUDGET FOR THE CITY OF DUBUQUE Whereas, Section 384.16 of the Code of Iowa provides that tbe City Council shall-set a time and place for a public hearing on the budget before the final ceflificafico date and shall publish notice before the heating as provided in Section 362.3 of tho Code of Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the City Council shall conduct a public hearing on the proposed 1992-93 budget of the City of Dubuque at thc Carnegie Stout Public Library Auditorium, 360 West 1 lth Street, Dubuque, Iowa, on Seturday, Felnuaty 29, 1992, beginning at 10:00 a.m. Section 2. That tho City Clerk be and is be~eby authorized and directed to publish according to law notice of public hearing together with the required budget in foe-marion. Passed, approved and adopted this 17th day of February, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. $6-92 SETTING THE DATE OF PUBLIC HEARING ON THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a proposed five year Cap, tel Improvement Program for the City of Dubuque has been p~parad and submitted to thc City Council; and Whereas, thc capital projects for the first year are included in the Fiscal Year 1993 budget for thc City of Dubuque; and Wbereas, it is deemed to be in the best interest of tho City of Dubuque to conduct a public heating and to adopt the five year Capiud Improven~nt Program simnitanc- ously with the public hearing and adoption of the Fiscal Year 1993 budget for thc City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY Tile CITY COUNCIL OF Tile CITY OF DUBUQUE, IOWA: Section 1. That tho City Council shall conduct a public hearing on thc five year Capital Improvement P~ngram at thc Carnegie Stout Public Library Auditorium, 360 West llth Street, Dubuque, Iowa, on Saturday, February 29, 1992, beginning at 10:00 a.m. Section 2. That tho City Clerk be and is hereby authorized and directed to publish notice of thc public hearing. Passed, approved and adopted this 17th day of February, 1992. Attest: M~y A. Davis City Clerk Council Member Jarc~s E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Duich, Klansner, Krag, Nagie, Nicholson, Voetherg. Nays~None. RESOLUTION NO. $7-92 AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC HEARING FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 65 Regular Session, February 17, 1992 Whereas, the City of Dubuque is entitled under Title I of the Housing and Community Development Act of 1974, as amended, to carotin Community Development Block Grant funds; and Whereas, the mgaintions governing the submission of u statement of intent fns such funds require that citizens he provided with adequate information co~m~ing the Community Development Block Orent Pro,ram and an adequate opportunity to pa~icipate in the development of the submission and in the development of any revisions, changes or amendments; and Wheums, it has been deemed to be in the best intet~st of the Community Development Block Grant Program to hold a public hearing to supplement previously held meetings with lnivate and public agencies, City Manager's budget meetings, and the public meeting conducted by the Community and Economic Development Department; and Whereas, it is further deemed to bu in the best interest of the City of Dubuque to hold such public heating simultaneously with the public hearing on the five year Capital Improvement Program and the Fiscal Year 1993 budget for the City of Dubuque. NOW THERBFORB, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk he and is hereby authorized and directed to publish notice of public burning in the loon of Exhibit "A" attached hereto and made a part thereof, Passed, approved and adopted this 17th day of Ecbmery, 1992. Attest: Mary A. Davis City Clark James E, Brady Mayor Council Member Voctherg moved adoption of the Resulutiou end further set it for Hearing au February 29, 1992 at 10:00 a.rr~ in the Publia Library Auditorium and direct the City Clerk to publish notice in the reanner prescribed by law. Seconded by Council Member Kinnsocr. Can/ed by the following vote: Yeas-Mayor Brady, Council Mereburs l~ch, Kineaner, Kflag, Nagle, Nicholsou, Voethetg. Nays--None. Communication of Zoning Commission advising of their approval to remove tho conditions placed on the rezoalng of propen~y located at 607 & 609 East 22nd Suent, prezented and read. Council Merebur Voutherg moved that the communication be recdived and filed. Seconded by Council Member Krieg. Can/ed by the following vote: Yeas--Mayor Brady, Council Merehers Deich, Klunsner, Krieg, Nagle, Hicholson, Voutherg, Nays---Noue. An Ordinance Amending Zoning Ordinance by reclassifying Im~perty located at 607 and 609 East 22nd Street from C-1 Neighborhood Commercial Dis~ct, With Conditions, to C-1 Neighborhood Co~ District, presented and ~ad. Cotm~il Mareher Voethorg moved that this be considered the first reading of the Ordinance, and that the reXlhiremout that a proposed Ordinance be cousidered and vo~d on for pel~age at two council meetings prior to the meeting at which it is to he finally adopted he suspended and fmther reaved that a Publia Heating be held on the Proposed Ordinance on the 2nd day of March, 1992 at 7:30 p. ro. in the Public Library Auditorium and that lhe City Clerk publish notice in thc manner prescribed by law. Seconded by Council Mareber Kdag. Vote on the motion was as follows: Yeas--Council Members Dcich, Klucsucr, Faiag, Naglc, Voetburg. Nays--Mayor Brady, Council Marebur Nichulaon. Motion failed due to lack of 3/4 veto. Thereupon Council Member Voetburg moved that this be considon~d the first reading oniy of the Ordinance and that it be set for Public Heating on March 2, 1992 at 7:30 p.m. in the Public Library Auditorium and that tho City Clerk publish notice in the reanner prescrihed by law. Seconded by Council Merehor Klunsocr. Carried by the following vote: Yeas---Mayor Brady, Council Merebets Dnich, Kinasunr, Kriag, Nagle, Voctberg. Nays--Council Member Hicholson. Communication of Zoning Commission advising of a text amendment to the Zoning Ordinance to establish a POS Public Open Space Disuict, presented and read. Council Member Kinasner moved that the communi- cation he received and £ded. Seconded by Council Mereher Voether~. Canied by the foilowiag vote: Yeas--Mayor Brady, Council Members Dcich, Kinesuer, Kriag, Nagle, Nicholsou, Voetherg. Nays--None. An Ordinance Amending Zoning Ordinance by establishing a *'POS" Public Open Space Distsict under Suction 24 of the Special Pmlouze Districts and establishing a new Section 3-5.4 "POS** Public Open Space District, in'esanted and read. Council Regular Session, February 17, 1992 Member Klucsner moved that this be considered the first reading of the Or~nanca, and that the requirement that a proposed Ordinance he considered and voted on for passage at two council meetings inlor to thc meeting at which it is to be finally adopted be suspended and fucther moved that a Public Hearing he hold on the Proposed Ordinance on the 2nd day of March, 1992 at 7:30 p.n~in the Public IAbrary Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Merebur Voetburg. Carried by the following vote: Yeas~Mayor Brady, Council Mereburs Dcich, Klucsner, Kriag, Nagle, Nicholson, Voetherg. Nays--None. Communication of Zoning Commission advising of their denial to rezone property located at ~he Northwest c~ner of Pennsylvania and thc Northv~st Artefi~/ from R-3 Moderate Density Multi-Family Residential District to C-3 Gcocral Commercial DisMct, incsented and read. Council Mereher Krieg reaved that the communication be received and filed. Seconded by Couuc~l Mcmher Nagla. Carried by the following vote: Ycas~Couucil Marehers Dcich, Kinnsnor, Krlag, Nagle, Nicholson. Nays--Mayor Brady, Council Member Voctl~n'g. An Ordinance Amending Zoning Ordinance by reclassifying propcn-ty located at the Northwest Corner of Pennsylvania Avenue and the Notthw~t Arterial frore R-3 Moderate Density Multi-Family Residantiel District to C-3 General Commercial District, pr~ented and read. Council Mereher Kfieg moved that this be considered thc first reading of the Ordinance and that it he sat for Public Heasing on March 2, 1992 at 7:30 p.m. in the Public Libra~ Auditorium and that the City Cie~k publish notice in the manner prescribed by law. Secended by Council Member Nagle. Carried by the foilowiag vote: Yeas--Council Merebers Dnich, Kluesner, Krlag, Nagle, Nicholson. Nays--Mayor Brady, Council Member Voctherg. Minutes SubmiRed: City Council Budget Work Session on CIP of 1-22; Cable Community Teleprogrammiag Commission of 2-4; Historic Prcservedon Commission of 1-22: Human Rights Commission of 1-13; Library Board of Trustees of 1-23; Housing Code Appeals Board of 11..6; Park & Reca'eation Commission of 1-14; Zoning Commission Work Session of 2-4; Zoning Commission of 2-5; Zoning Board of Adjustrrent of 1-23, presented and read. Council Mereber Voctherg moved that the minutes be received and filed. Secoaded by Council Member Kluasner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nagle, Nicholsou, Voctherg. Nays--None. NOTICES OF CLAIMS/SUITS --Joseph M. Culhe~son in amount of $309.35 fOl' vchiniu damages; Rose A. Kocrperich in amount of $1,430.62 for property damages; Kavin Ryan in amount of $51.24 for personal injuries; Dale Veach in amount of $250.00 for backed up sewer damages; Terrence & Jean Ruff in amount of $960.00 for backed up sewer damages; Canine Arrebruster, in amount of $52.50 for personal injuries, presented and read. Council Member Voetburg moved that thc claims and suits be ~ferred to the Legal Stuff for investigation and repor~ Seconded by Council Member Kinesner. Carded by the following vote: Yeas--Mayor Brady, Council Merebers Dnich, Kluesucr, Krleg, Nagla, Nichulann, Voetberg. Nays--None. Communication of Corporation Counsel recommending settlement of tire damage claim of Michael & Janet Schrnit in the amount of $67.50, presented and read. Council Mereber Voetherg moved that the communication be ~ceived and filed and settlement appzeved with Finance Director to issue proper check. Secended by Council Member Khesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khesner, Krieg, Nagle, Nicholson, Voctburg. Nays--Nona. Communications of Corporation Counsel advising of refencni of foilowing claims to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Car damage of Jim McDermott; Reimbursement of digging expunzes of Scott & Jaymis Tutinil; car damage of Gall C. Wnip; Car damage of Teresa M. Wamett, presented and med. Council Merebur Voetburg moved that the communications be received and filed. Seconded by Council Member Kluesner. Canied by the following vo~: Ye0z--Mayor Brady, Council Members Deich, Kluesner, Kriag, Nagle, Nichnison, Voetberg. Nays---None. Communication of Corporation Counsel recommending denial of car damage claim of Gap~ Erest, presented and read. Council Mereher Voetherg moved that the communi- cation be received and filed and dehini approved. Seconded by Council Merebur Kluesner. Canled by the following vote: Yeas--Mayor Brady, Council Merebers Dnich, Kluesner, Krlag, Nagl¢, Nicholson, Voetburg. Nays---None. 67 Regular Session, February 17, 1992 Communication of Zoning Conunission advising of their approvals of plats for portion of CounUy Springs Sub. No. 2 and portion of Eastrldge Estates, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kinesner. Canied by the following vote: Yeas-- Mayor Brady, Counuil Members Delch, Kinesner, Krieg, Na~e, Nichoison, Voetberg. Nays--None. RESOLUTION NO. 58-92 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS THROUGH 10, BOTH INCLUSIVE, AND LOT A OF COUNTRY SPRINGS SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, IOWA. Whores, s, there has been filed with the City Clerk a final plat of Lots 1 through 10, both inclusive, and Lot A of Conntry Springs Subdivision No. 2 in ti~ City of Dubuque, Iowa; and Whereas, upon said final plat appears a sm:et to be known as Pasadena Drive, together with eertain public utility and storm sewer easements which the Owners by said final plat have dedicated to the public forever, and Whereas, said final plat has been examined by the Zoning Commission and had its epproval endorsed thereon subject the owner(s) ngreeing to the condilions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it co.faces to the statutes and m~nances relating to it, except that no streets or public utilities have yet been constructed or installed; and Whereas, the City Council concurs in the conditions of approval established by the Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: So. Ion 1. That th~ dedications of Pasadena Drive, tegetber with the easements for public utilities and storm sev,~r as they appear upon said final pla~, be and the same am hereby accepted; and Section 2. That the plat of Lots 1 through 10, both inclusive, and Lo~ A of Country Spsings Subdivision No. 2 is hereby approved and the Mayor and City Clerk are hmeby authorized and disected to end.se the approval of the City of Dubuque, lows, upon said final plat, provided the owness of said proper~y herein named, execute their written acceptance hereto attached agreeing: To reduce Pasadena Drive to grade and to cons{ruct concrete curb and gutter and to hard surf0ce with asphaltic concrete, or with concrete paving with integral curb, all in aecordance with the City of Dubuque standard specifications; all in a rammer acceptable to thc City Engineer and in conformance with constsuedon improvement plans approved by thc City Engineer, and inspected by the City Engineer, b. To install sanitury sewer mains and sower service laterals into each individual lot, water mains and water se~wlce laterals into each individual 1o~, storm sewers and catch basins, boulevard street lighting and c~oslon contsol device-~ all in aecofdance with the City of Dubuque standard specifications and in accordance with consUuction improvercent plans approved by the City Engineer, and inspected by the City Engineer. c. To conslruct said improvements, except sidewalks, pfio~ to one year f~om the date of acceptance of this resolution, at the sole expense of the subdivider, as owner, or future owner, d. To maintain the public improvements, excep~ sidewalks, for a period of two (2) years from the date of thc acceptance of those improvements by thc City of Dubuque, Iowa, at thc sole expense of the subdivider, as owner, or futu~ owne~, e. To construct sidewalks in accordance with thc requirements of Section 42- 24(e) of the City Code, specifically: Sidewalk installation shall be thc respensibiliiy of the owner of the property abutting the poblic fight-of- way. The responeibility shall extend to ad successors, heirs and assignees. Sidewalk instaliadon will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be ~eqnired Regular Session, February 17, 1992 until 50% of the lots approved by the plat have been davaloped. All vacant lots shall have sidewalks installe~ upoo development of 80% of the lots approved by tho plaL And further provided that said E.T, Holdings Parmership, Nloyd Kunhol, Bcekel Inc. and Victor Stecher and Leu Ann Stecher, as owners of said property, shall secure the Nerformance of the forngolng conditions provided in Section 2 by providing security in such form and with such sureties as may be acceptable ~ the City Manager of the City of Dubuque, Iowa. So. inn S. That in the event thc owners shall fail to execute the acceptance and furnish the ~ecmity provided in Section 2 hereof witbln fc~ty-five (45) days after the date of the Resolution, the provisions be~of shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 17th day of February, 1992. Attest: Mary A. Davis City Clerk lames E. Brady Mayor ACCEPTANCE OF RESOLUTION NO. 58-92 We, the undersigned, Gene F. Sullivan and Thomas A. Lukantich, E. T. Holdings Partnership a/k/a Country Springs Parmersh/p, Floyd Kunkel, President of Benkel, Inc. and Victor p. Ste~hes and Leu Ann Stecher, having read the terms and conditions of the Resolution No. ~8-92 and being familiar with the conditions thereof, hereby accept this san~ and agree to the conditions ~eqnired therein. Dated in Dubuque, Iowa this 18th day of March, 1992. E. T, Holdings ParmersMp a/Ua CounU'y Springs Partnership By ~si Victor P. Stecher By/s/Gene P. Sullivan By/s/Leu Ann SW. cher By/s/Thomas A~ Luksetich Benkel, Inc. By/s/Floyd Kunkel, President TO: Mary A. Davis City Clerk TMs is te certify that the required security for the foregoing Resolution No. 58-92 has been properly filed in accordance with terms specified in Resolution. Dated at Dubuque, Iowa this 19th day of March, 1992. Stephani Johnson Acting City Manager Council Member Vcetberg moved adoption of the Resolution. Secondnd by Council Member Khiesner. Carded by the following vote: Yans--Mayor Brady, Council Members Delch, Klue~ner, Ksiag, Nagle, Nichoison, Vcotberg. Nays--None. RESOLUTION NO. $9-92 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 TItROUGH 10 INCLUSIVE, OF BLOCK 4, LOTS I THROUGH 13 INCLUSIVE, OF BLOCK $ AND LOTS E, F, O AND H OF EASTRIDGE ESTATES IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots I through I0 inclusive, of Block 4, Lots 1 through 13 inclusive, of Bleck 5 and Lots E. F, G and H of Eas~dge Estates in ~ho City of Dubuque, Iowa; and Whereas, upon said final plat appear s~reet(s) to be known as Castle Woods Lane and extension, Kristen Court and Spring Oak~ Court, togethes with certain public utility and sanitary and storm sewer easements which the Owners by said final dst have dedicated to thc public forever, and Whereas, said final plat has been examined by the Zoning Commission and had its approval endorsed thereon subject the owner(s) agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find Whereas, the City Council concurs in the conditions of approval esteblished by the Zoning Commission. Regular Session, February 17, 1992 NOW, TI~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the dedications of gaisten Court, Castle Woods Lime and extension, S~ing Oaks Cour~ togethe~ with the e~ements for poblie utilities, sanitary sewer, storm anw~ and water n~ins as they appea~ upon said final plat, be and the san~ are he. by aocopted; and ~ectthn 2. That the p~at of Lots I throngh 10 inclusive, of Block 4, Lots I through 13 inulnsivo, of Block 5 nnd Lots E, F, G and II of Eaatddge Estates is hereby npproved ~d the Mayor and City Cierk are hereby authorized and dirncted to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided th~ owners of saAd property herein named, execute their wsiuen acceptance hereto attached ng~qng: a. To teduc~ Castle Woods Lane and extension, Klisten Court and Spring Oaks Corot to erode and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integrai on~o, all in accordance with tho City of Dubuque standard specifications; all in a manner acceptable to the City Engineer and in conformance with construction iropeovemont plans approved by the City Engineer. b. To install sanitary sewer mains and sower se~vico laterals into each individual lot, water mains and water service laterals into each individual lot, s~m sowers and catch basins, boulevard street lighting and erosion control davices all in accordance with th~ City of Dubuque standard specificatiom and in aceordenc~ with construction itrg~ovemont plans approved by the City Engineer, and inspected by the City Engineer. c. To onnstruct said improvements, except sidewalks, prior to onc year from thc date of acceptance of this rnsulurion, at the sole expanse of thc an~livider, as owner, or futuxe owner, d, To maintain the public improvements, except sidewalks, for e period of two (2) years from the date of the acceptance of those improvan~nts by thc City of Dubuq~, lowa, at the sole expense of thc subdivider, as owner, or futv~ owner, with the v~uirements of Sectlm~ 42- 24(e) of the City Cede, specifically: Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of- way. The responsibility shall extend to all succoasors, heirs and assignees. Sidewalk installation wiB not be required until tho development of the lot has been completed, except as required boruln. In sparsely developed subdivisions, sidewalks on developed lots will not bu requlzed until 50% of the lots al~rOVad by the plat have been developed. All vtw. ant lots shell have sidewalks installad upon development of 80% of the lots ~ppnsved by the plat, And further provided that said Grand Island partners, as owners of said pwparty, shall secure the performance of tho foregoing conditions provided in Section 2 by security in such form and with such sumtlos as may bo acceptable to the City Manager of the City of Dubuque, Iowa. And further provide that Grand Island Partners, &s owners of said property, shaB secure the construction of the future extension of Castle Woods Lane to the easterly boundary line of Lot H with a payment in the amount of I00 percent of the cost of the installation of eroding, water main and lmving of said extension, Section 3. That in the event Grand Island Partners shall fsi1 to execute the acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days afte~ the the Resolution, tho provisions hereof ;boil bo null and void and the acceptance of the dedication and approval the plat shall not bo effective. passed, approved and adopted this 17th day of February, 1992, Attest: Mary A. Davis City Clerk Jan~s E. Brady Mayor ACCEPTANCE OF RESOLUTION NO. $9-92 We, the undersigned, Robert E. Klauer and William R. Klauer, ~r,, of Grand Island Partners, having read the terms and conditions of the Resolution No. 59-92 and being familiar with the conditions thereof, Regular Session, February 17, 1992 hereby ac. ce~ this saree and agree to the conditions gquired therein. Dated in Dubuque, Iowa this 27th day of Febuuuy, 1992. Grand Island Parmers By/s/Roboxt E. Klaner, Partner By/s/William R. Klan~r, Jr., Partner Council Member Vootborg moved adoption of th~ Resolution, Seconded by CouncB Member Kluesuer. Carded by the following vote: Yeas--Mayor Brady, Councll Members Deich, Klncsner, Kfieg, Nagle, Nichulson, Vcetherg. Nays--None. Commudicadon of City Manager mqucating City Manager or his designee to sign thc contract with Ia. Dept. of Public Health for funding of locai AIDS programs, presented and road. Council Member Voetbozg moved that the communication bo received and Bled. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dulch, Kluesner, Krlng, Nagle, Nicholson, Voetborg. Nays--None, RESOLUTION NO. 60-92 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUNDING A LOCAL AIDS COALITION PROGRAM Wboreas, the Iowa Department of Public Health has offered to provide fir~ndul support for local AIDS Programs in the City of Dubuque; and Whereas, the City of Dubuque desires to establish and maintain such local AIDS Programs; and Whereas, the Iowa Department of Public Health has presented the City Health Services Division a proposed contract for feuding, a copy of which is attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, hereby approves the attached AIDS Coalition contract between the Iowa Department of Public Health and the City of Dubuque, Section 2. That th~ City Manager of his designee is hereby authorized and directed to execute said contracts on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of February, 1992. Jarn~s E. Brady Mayor Attest: Ma~y A. Davis City Clerk Council Member Vcetha;g moved adoption of the Resolution. Seconded by Council Memb~' Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nicholson, V~etborg. Nays--None. Petition containing 128 signatures requesting advising of their support of the "KALEIDOSCOPE" plan to provide art experiences by minority artists or art depicting minority cultures to all of the citizens of Dubuque, presented and rend. Council Member Voetborg moved that the petition bo receivad and filed and referred to the Budget process. Seconded by Mayor Brady. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nngle, Nicholson, Vcetborg. Nays~ouncil Member Deich. Communication of City Manager submitting Residential Property Tax Exemption applications which were filed on or bofore Febma~ 1, 1992, lnesented and rend. Coundl Member Voetharg moved that the eommuulcatlon bo ~ivad and filed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klunsner, IG-ing, Nagle, Nieholson, Voetbovg. Nays--None. RESOLUTION NO. 61-92 RESOLUTION APPROVING RESIDENTIAL PROPERTY TAX EXEMPTION APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN THE CATHEDRAL, JACKSON PARK, WASHINGTON STREET, WEST 11TH STREET AND WINDSOR PARK URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANS- MITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, the Urban Revitalization Act, as enacted by the 68th Oenend Assembly of the 71 Regular Session, February 17, 1992 Stale of iowa, allows cities to give lwopeny tax exemptions for improvemunts mede to pr~s in designated revitalization areas; and WMmms, the Urban Revitalization Act seqnires lwoperty owners to submit a written appticagon fc~ exemption by Febmasy 1st of th~ assessment year for which thc exemption is fi~t claimed and fmther reqnires the City Council to approve all applications that meet the ~equi~munts of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March I of each year;, and Whereas, pursuant to the requi~en~nts of said Urban Revitalization Act, the following Urben Revitaliz~ion Paeas were established: Cathedral (Ordi~nce 57-90), Jackson Park (Ordinance 74-80), Washington Street (Onilnunce 40-81), West 11th Sl~unt (Ordinance 15-81), and Windsor Park (Ordinance 295-89); and Whereas, the City Clerk of tho City of Dubuque as of Pclmuuy l, 1992, ~ecnived tax exemption applications from the following property owners in the afore- mentioned u~bun revitalization districts: Cathedral Urban Revitalization District: · Cathedrul Gardens Development for improvements at 469 Emmett Jackson Park Urban Revitalization Disuict: · M~k Feiderman for inrprovements at 1491 Bluff Washington Stseet Urban Revitalization Dislrlct: · Kcvin Fngun for improvements at 1430 Jackson Street ·Maicrs and Schmitt Almrtments for improvements at 1690 White SUunt · Howard Nesl for impr'ovements at 1458 Jacitaon Strant West llth Street Urban Revitalization District: · City of Dubuque / Sharon Dull for improvemunts at 445 Loras Boulevard · Anthony R. Clemem for improvements at 1030 Grove Terrace · Lores IL Dunue for in~Fcovcments at 480 Arlington Street · Stevon and Joan Bfken for improvements 596 West llth SUunt · William Ewing / Sara Anne Dnines for improvements at 1090 Grove Terrace · Mark A. Fddemmn for improvements at 1231 Walnut Street · Steve and Tins Gulick for improvements at 643 Chcsmut Street Windsor Pask Urban Revitalization District: · Windsor Park Rcfiren~nt Center for improvements at 801 Davis at Windsor Whereas, the Community and Economic Development DepaCaunnt and the Housing Services Division have reviewed the above described applications and inspected the properties, 5nd have detcrminnd that thc applications and the in-q~ovements conform to all requirements of thc C~ty of Dubuque's Urban Rcviteilzation Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described tax exemption applications meet the requirements oftbe City of Dubuqnc's Ueoun Revitalization Plan. Section 2. That the above described tax exemption appliceiloes ale hereby approved by the City Council, subject to thc review and thc approval of the City Asscssor. Section 3. That the City Clcflc of thc City of Dubuque is hereby authorized to fonvard the above described tax exemption applications to the City Assessor. Passed, approved and adopted this 17th day of February, 1992. Attest: Mary A. Davis City Clerk Council Member Sam~s E. Bngty Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesncr. Carded by the following vote: Yeas--Mayor Brady, Council Members Dei. ch, Klunsncr, Kfing, Naglc, Nicholson, Voetberg. Nays--None. Communication of Finance Director submitting outstanding travel advance to Members of the City Council, Ixusented and read. Council Member Voetberg moved that thc communication be lucnived and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--- Mayor Brady, Council Members Deich, Regular Session, February 17, 1992 Klue~ner, Kring, Nagle, Nichulson, Vontberg. Nays--None. Communication of City Manngcr submitting Quarterly Invcstmeut Repmt for period beginning October 1,1991 and ending December 31, 1991, presented and ~rad. Council Member Voetbe~g moved that the communication be received and filed. Seconded by Conncil Member Klueaner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Dcich, Klunaner, Kring, Nngle, Nioh~son, Voetherg. Nays--None. Communication of City Manager submitgng Financial Report for the month ending January 31, 1992, p~uented and read. Council Member Voetberg moved that the communication he received and filed. Seconded by Council Member Kluesner. Can'ied by the following vote: Yeas-- Mayor Brady, Council Members Deish, Kluesner, Kring, Naglc, Nichulson, Voetbe~g, Nays---None. ABSTRACT OF VOTES IT IS HEREBY CERTIFIED THAT, on the 3rd day of February, A.D., 1992 thc undersigned Bldon Hcnig, Alan Mantemach and Donna Smith, Dubuque County Board of Supervisors met as a Board of Canvassers, as providnd by law, in County Courthot~e Dubuque, Iowa in Dubuque County, lows and canvassed the eioction returns from all the voting pe~cincts in said County, for votes cast at the election held therein on the 28th day of January, A.D., 1992, for each office on the ballot and the number of votes for and against each question submitted by said City the result of said canvass being as follows: FOR THE SPEC]AL PROPOSITION: Shall the City of Dubuque issue bends in the amount of $4,760,000 for the purpose of acqniring and construction a golf course. There wcre six thousand six hundred seventy-three (6,673) ballots c.~t, of which three thousand seven huntired seventy-seven (3,777) votes were for the proposition and lwo thousand eight hundred ninety-five (2,895) votes were against the proposition. Wimess our signatures, this 3rd day of February, A.D., 1992. Eldon T. Herrig Donna L. Smith Alan Manternach Canvassels Council Member Voetberg roved that thc Abstract of Votes be received and filed and made a matter a record. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesunr, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Communication of TCI Cableviaion of Dubuque, Inc. submitting some of their accompllshmenls for the past ye~x, presented and reed. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kluesncr. Carfind by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueanor, Krieg, Nagle, Nichoison, Voctberg. Nays--None. Communication of City Manager recommending to award the concession agreement at thc McAleece Park and Reereation complex to S & D Concessions and authorize the City Manager to execute the ng~eement, presented and read. Council Member Voetberg moved that the communication be re~ceived and filed and approve authorization for Manager to sign. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-- Mayor Brady, Council Members Deich, Kluesncr, IOieg, Nngle, Nichulsun, Voetberg. Nays--None. Petition of Seld-Wen, Inc. requesting an amendment to the Indenture of Trust regarding issuance of Variable Rate Demand Revenue Bonds, Series 1998 in thc amount of $7,500,000, presented and read. Council Member Vuntbe~g moved that the petition be received and filed und atyprovnd. Seconded by Council Member Klunsner. Carried by the following vote: Yeas--Mayor Brady. Council Members De, ch, Klu~ner, Kring, Nagin, Nicholson, Voetberg. Nays--None. Communicmion of Ken Haynic, Legal Counsel, submitting opinion of request, presented and read. Council Member Voetberg moved that thc communication be received and filed. Seconded by Council Member Kinesner. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluemer, Krieg, Nngle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 62-92 RESOLUTION APPROVING A FIRST SUPPLEMENTAL INDENTURE OF TRUST RELATING TO VARIABLE RATE DEMAND REVENUE BONDS, SERIES 1988 (JELD-WEN, INC. PROJECT) 73 Regular Sssslon, February 17, 1992 Wberces, the City of Dubuque, Iowa (the *Issuer") is authorized and empowered by tho lwovisions of Chapter 419 of thc Code of Iowa (the "Act"), to issue revenue bends for the purpose of financing the cost of projects sui~abin for nsc of any indusWJ for the manufacturing, processing, or nssembling of any agricultural or manufactured producis; and Whereas, the Issuer has issued its Variable Rate Demand Revenue Bonds, Series 1988 (Jcid-Won, Inc. Prejuet) in the ngg~g,,a,,~, amount of $7,500,000 (the "Bonds ) to finance the cost of consUuction and eqafpling of an nddilion (thc ~Project') to the manufacturing facility of Jcid-Wce, Inc. (the 'Corapany") located within the Issuer, and WI:ureas, the Bonds wore issued pursuant to an Indenture of Trust dated ns of October 1, 1988 (the "Indenture") between the Issuer and the Trustee, and the pmcueds were loaned to the Company pursuant to the provisions of a Loan Agreement dated as of October 1, 1988 (the "Loan Agreement") between the Issuer and the Company. Whereas, pursuant to the Loan Agreement, thc Company delivered to the Trustee an irrevocable letter of credit (the "LeUer of Credit') issued by Rainier National Bank, Sea, in, Washington (the "Bank"); and Whereas, in order to enhance the mafl~tabliity of the Bonds, the Company has applied for a rating on the Bonds by Moody's Investors Sunice, Inc. ('Moody's") and Moody's has suggested cer?i.'u amendn~n~s to thc Indenture prior toissmng such rating; and Whereas, the Indontnse provides that it may be amended without conseut of the bondholders, but with the consent of the Bank and the ConY/tony, in order to obtain a rating with respect to the Bonds so long as such amendn~n~s do not materially adversely affect the interests of the Bondholders; and Wbe~as, thc Company has caused a First Supplemantal ledantmo of Trust dated as of Februa~ 1, 1992, between thc Issuer, and the Trustee (the "First Supplemental Indenture") to he prapm~ and has presented the First Supplemental Indenture to thc Issuer for its approval. NOW TtIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The First SupplemenUd Indenture is approved and the Mayor and the City Clerk am hereby authorized and dhected to execute and deliver the same to the Tru~toe. Section 2. All resolutions and parts thereof in ~onflict herewith ~-e hereby repealed to the extent of such conflict. Passed, approved and adopted this 17th day of February, 1992. James E. Brady Mayor Attest: Mary A, Davis City Clerk Coancli Member Vc~tberg moved adoption of tho Resolution. Seconded by Council Member Kluesner. Canied by the following vote: yens--Mayor Brady, Council Members Deich, Kluasner, Kaieg, Nngle, Nicholson, Voetherg. Nays--None. 10:14 p.m. Conucil Member Vootberg moved to go iuto Closed Session in with Chapter 21.5 l(c) "To with Counsel in matters that are presently in litigalion." Seconded by Council Member Nicholson. Canied by the following vote: yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nagle, Nichelson, Voetherg. Nays--None. 10:51 p.m. Council reconvened. Mayor announced that the Legal staff had been given direction for pending fliigalion. There being no further business, Council Member Veetherg moved to ndjomn the raeeling. Sack, reded by Council Member Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kring, Nngle. Nicholson, Voetborg. Nays--None. Meeting adjourned at 10:52 p.m. Regular Session, February 17, 1992 Mm~y A. Davis City Clerk Coun~mbers City Clerk 74 Special Session, February 29, 1992 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, Febomry 29, 1992. Council Met at 10:00 a~m., Public Library Auditorium. Present: Mayor Brady, Council Members Dnich, Kluesner, Krlag, Nngle, Nicholson, Vcotbu~, City Manager W. Kenneth Oearhm't, Coq~radon Counsel Beny A. LiedahL Mayor Brady read the call and stated this is a Special Session of the City Council called for the pmpese to conduct a Public He~tng on the Fiscal Year 1993 City of Dubuque Budget and approving necessary documents. Proof of publication, certified to by the Publisher, on Notice of Public Hemlng on Budget Estimates for Fiscal Year 1993 beginning July 1, 1992; Proof of publication ee~fied to by the Publisher on Notice of Public He. ming on the Five Year Capital lml~ovement Program (CIP) coveting the Fiscal Year beginning July 1, 1992 through the Fiscal Ye~ beginning July I, 1996; Proof of publication, certified to by the Publisher on Notice of Public Heating for the pu~oso of obtaining tho view of residents of the City GO community development and housing needs; Petition conialidng alYprox, 128 signatures advising of their support of the "KALEIDOSCOPE" pian to provide ~rt experiences by minmlty artists or sxt depicting minority cultures to all of the citizens of Dubuque; Petition of Victor Sehmidt rcqueztiag consideration be given to more "Public Ice Skating" sessions; Petition of Mr. and Mrs. Dun Bahls and Roger and Judy Remsburg requesting Council to reconsider the decision reg~mting the 5-year phase out of the School Bus Tripper System; Pelition of Bsian Kane, President of the Wahinrt High School Bo~ud of Education, requesting to continue lytoviding Keyline Bus Service to their students az dmlng the 1991- 1992 school y~, Petitions of Terry and Debbie Gross, Ed Faust, Linda Faust and PUm Walsh requesting Council to reconsider their Iwopozal regarding the phasing o~t of the school bus tripper system; Pedlions of Jim and Ann Rililaban, Maxy Jo Jewel, Kay Bmfels, Jan Oloden and Rose Mary Spinlman requesting Council reconsider ~.asoniag for the 5-year phase out of the bus system; Petition of Tfi-Stato Dialysis requeadng not to cut mini-bus service from the three buses to two, presented and ~.ad. Council Member Voetbutg moved that the proofs of publication and the petitions be received and filed. Secooded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesnor, Kdag, Nagie, Nicholson, V~etburg. Nays--Ncoe. Council Member Voetbarg moved to suspend the roles to allow anyone p~esent to add, ss the Council if they so desire. Seconded by Council Member Kinesuer. Carried by tho following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesner, Kriag, Nagle, Nicholson, Vootburg. Nays--None. POLICE DEPARTMENT A citizen objected to the pmpozed expenditure of compute~ in pelice cars. EMERGENCY COMMUNICATIONS DIVISION No Comments FIRE DEPARTMENT No Comments DISAS'I~R SERVICES No Corcanents HUMAN RIGHTS DIVISION No Comments BUILDING SERVICES DIVISION No Conunents HEALTH SERVICES DIVISION No Comments PARK DIVISION No Comments CIVIC CENTER DIVISION Maxy Beth Remakci objected to proposed incre~e in fee for Youth Hockey Program. RECREATION DIVISION Ka~n O'Rourka questioned subsidy due to fund deficiency because of late filing of hotul/motol tax. LIBRARY DEPARTMENT No Commemts AIRPORT DEPARTMENT No Conurents Special Session, February 29, 1992 TRANSIT DIVISION Mayor verified intent of City to opera~ mini-buses. C~ville Ludwig questioned specifics of bus schedule. Discussion ensued as to the necessity of keeping the MC Carmel route. Beverly Bauefly stressed rebuttal to Project Concern ~ticin in the newspaper. Emma Bailey s~rezsed the needs for buses for Senior Citizens. Dale Bnge spoke positively about need for mini-buses for the handicapped. George Freund urged no changes in the mini-bus schedule or routing. Jan Callahan, Julie McMahan of the rNA, and Linda McDonald of the Agency on Aging sUessed exm~me need for mini- buses for the elderly and handicapped. Council Member Voetberg moved that the petition be received and filed. Secooded by Council Member Kluesner. Carlied by the following vote: Yeas---Mayor Brady, Council Members Dcich, Kiuesner, Krieg, Nngle, Nicholsco, Voetburg. Nays--None. ENGINEERING DIVISION Jer~y Sehroeder of Geraldine Dr. requesting that Kelly Lane work be put back into the budget az had been dune previously. A petition with 437 signatures requesting Kelly Lane work reinstatement in the 1993 budget. Rick Hanten and Dick Iieuscbel reques~l Kelly Lane be put back into the 1993 budgeL Council Member Voetherg moved that the petitions be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Member Deich, Riuesner, Kfieg, Nngle, Ninholson, Vootherg. Nays--Nune. WATER DEPARTMENT No comments WATER POLLUTION CONTROL DIVISION No Comn~nts OPERATIONS AND MAINTENANCE DIVISION No Comments PARKING SYSTEM No Conunents COMMUNITY AND ECONOMIC DEVELOPMENT Katen O'Ro~ke spoke requesting several activities: designating five sub-districts, itemize budgets, develop dtizens plan, establish wsiHen grievance procedure, Council Member Voedierg moved that the requests be received and flied. Seconded by Council Member Kinesnor. Catsied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kdeg, Nngle, Nicholson, Vcolberg. Nays-None. Bob Fisch of W. 11th St., Viola O'Meara. 320 Junes, and Elizabeth Mthulskas, spoke ~lUeSting specifics of CDBG distrthedco. HOUSING SERVICES DIVISION Bob Fi~ch sta~.d that a humidifier in the amount of $1;50 is needed at the 18th Stee~t City Offices. PLANNING SERVICES No Comments CITY HALL MAINTENANCE CITY COUNCIL No Comments CITY MANAGER No Comments CITY CLERK No Comments FINANCE DIVISION No Comments LEGAL DEPARTMENT No Comments INFORMATION SERVICES No Comments PURCHASE OF SERVICES No Comments CABLE TV DIVISION No Comments Council Member Nicholson moved that the Public Input session be closed and limit the discnssiun to the Council table. Seconded by Council Member IOing. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Riuesner, Ksieg, Nngle, Nicbelsco, Voetberg. Nays--None. 11:58 ~-m. Council recessed; 12:20 p.m. Council reconvened. Council Member Vootberg moved that the Budget be amended to include Kelly Lane in the $ Year C/F (maybe third year funding). Seconded by Council Member 1G'ieg. Carried by the following vote: Yeas---Mayor Bredy, Council Memben Dulch, IGuesner, Krieg, Nagle, Nicholson, Voetherg. Nays--None. Council Member Kring moved that they delay purchase of mobile data terminals Special Session, February 29, 1992 ($~04,000) and approve recunin$ expert~e xniated to settlement of the Lieutenant issue ($12,600). Seconded by Council Member Nicholson. Can. led by the following v~x: Ye.~z~Mayor Brady, Council Memher~ Dnich, Klncmer, F, zieg, Nagie, Nicholson, Voetberg. Nays---None. Council Member Deich qneziloned moving expense for Human Rights Director and dixectim given to Manager to resem~h and rapo~ back to Council. Council Member Ksieg moved that the FDR Pmit expan~ he ~dastated and that thet~ he no inorea~ in entrance fees for Eagle Point Pmk. Seconded by Council Member Nichohou. Carried by the following vote: Yem--Mayor Brady, Council Memhets Dnich, Kluesncr, KrUg, Nagie, Nichol~ou, Voetherg. Nays--None. CounolI Member NinhoIson moved that four piaygroumi site~ he put heck in the Recreation Dopastmont Budget. Seconded by Counnil Memher Kdeg. C.M-ried by the following vote: Ye.~Mayor Brady, Council Members Deich, Kinesner, Kring, Nagie, Nichohon, Voetherg. Nays-None. Council Memher Ksiag moved that the three mini-buses be funded 9Ath Prelect Concern and dkect that part of contract language will have a sczeening process about who sides if not in violation of Federal laws. Seconded by Council Member Nagle. Carried by the following vote: Yeas---Council Members Deich, Krieg, Nagle, Ntchoimn. Nays--Mayor Brady, Council Member~ Kluesner, V~etherg. Council Member Voetherg moved to operate Keyline at the Pr~ent maintenance level with further discussion to he held r~gmding fixed route service and reduced school tripper ~rvice. Seconded by Council Member Kinesner. Carried by the following vote: Ye~--Mayor Brady, Council Members Klue~ncr, gaing, Nagle, Nichols, V~therg. Nays-Council Member Deich. Council Memb~ Kfing moved to amend the Engineering Division budget by adding $1,060,000 to the CIP for P~ru Road and phme in conslrucfion in 1997 ~x earlier if funds bec.~me available and to add the suburban zoplacement to the contingency list pending recovery of Iowa Trust funds in the amount of $16,000.00. Seconded by Council Member Voetherg. Carded by the foliowing vote: Yeas--Mayor Brady, Council Memhe~ Deich, Kluesner, Kfieg, Nagie, Nicholson, Voetherg. Nay~---Noue. Council Member Nicholson moved to an~mi the Opumtious/Mnintenance Division Budget by placing the following eqolpment on the contingency list pending t~covery of Iowa Trust Funds: Sueet Sweeper, Welder Truck and Radios in total amount of $14~,2~0.00. Seconded by Council Member Deich. Canind by the following vote: Yem--Mayor Brady, Council Memhers Dnich, Klnesner, Kficg, Naglc, Nichoison, Voetherg. Nays--None. Council recessed at 1:23 p.m.; Council reconvened at 1:28 p.m. Council Member Nichoisou moved to amend the Community/Economic Develop- ra~nt Dopaxtment Budget to increase funding to tbe Washington Nei_ghb~ht~d Tool Liinaty from $9000 to $10,000. Seconded by Council Member Kluesner. Canied by the following vote: Yea~---Mayor Brady, Council Members Deich, Kineaner, Krieg, Nagie, Nichols~, Voetherg. Nays--None. Council Member Nagin moved to approve funding to Main St. Ltd. in amount of $4500 from Community Development funds (Economic Development Projects). Seconded by Council Member Nicholsou. Vote on the motion was as follows: Yeas--Council Members Deich, Nagin, Nicholson. Naya----Mayor Brady, Council Members Kinasner, Kring, V~therg. Motion failed. Council Member Vo~tberg moved that the Financ~ Division budget be un~nded to change to the debt servic~ to reflect ptmicipellou in the Iowa Finouc~ Authofity's MIRP Program versua the pension system loan Program and no Inincipai payment. Seconded by Council Member Nicholsou. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kfieg, Nagi¢, Nicholson, Vcothorg. Nays--None. Council Member Nicholsou moved to amend the Purchase of Services budget by rcir~tadng the Project Concern Foster Grandperent Pr~ram in the amount of $5000. Seconded by Council Mamber Voetburg. Canied by the following vote: Yea~-Mayor Brady, Council Members Deich, Kinesncr, Krleg, Nagle, Nichoison, Voetherg. Nays--None. Council Member I~iag moved to reinstete the Project Concern Child Cat~ Referral Program (Block Grunt Funds) in the amount of $5000. Seconded by Council Member Nichol~on. Canied by the following vote: Yeas---Coun~l Member Dnich, Kdng, Nagle, Special ~sslon, February 29, 1992 Nicholson, Voetherg. Nays--Mayor Brady, Council Member Kluasncr. Council Member Nicholsco moved add $1000 for one year only for thc Kalnidozcopc Program, if it is matched. Seconded by Council Member Voethetg, Carried by the following vote: Yeas--Cooucll Members Kluesncr, Kfieg, Nagie, Nicholsou, Vcotherg. Nay~--Mayor Brady, Counnil Member Daich. RESOLUTION NO. 68-92 A RESOLUTION ADOPTING THE ANNUAL BUDGET AS AMENDED FOR THE FISCAL YEAR ENDING JUNE 30, 1993 NOW TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the annual budget as amended for the fiscal year ending June 30, 1993, as ~t forth in the Budget Stmunary Ceflificate and in the detailed budget in support thereof showing thc l~venue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year is edopted, and thc City Clerk is directed to make the filings required by law and to set up the books in accordance with the summa~ and details as adopted. Passed, approved and adopted this 29th day of Fcbruagy, 1992. Attest; Mary A. Davis City Clerk Council Member James E. Brady Mayor edopilon of th~ Resolution, as mmnded. Seconded by Council Member Nicholson. Carried by the following vote: Ye. os--Council Members Deich, Kluesner, Kring, Nagic, Nicholsou. Nays--Mayor Brady, Council Member Voetherg. RESOLUTION NO. 64-92 ADOPTION OF FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a recommended five year Capital Improvement Program for the period beginning July 1, 1992 and ending June 30, 1997 for the City of Dubuque has been prepared and sulx~itted to the City Council; and Whereas, the five year Capital Improve- mcnt Program: (1) describes specific capital improvement projects; (2) provides estimated costs for those projects; (3) proposes sources of funds for each of them; and (4) schedules the year during which ea~ Project will be unds~teken; and Who. eas, the capitel improveo~ent projects for the first year ~re included in the Fiscal Year 1993 budget for the City of Dubuque; and Wbercas, the five year Capital Improve- mcnt Program will bu t~c, onaldcred annually by thc City Council and approl~ately revised; and Whereas, thc adoption of the five year Capital Improvement Program is a prudent measure to l~ovidc conlinnity of programs and is in the hest interest of thc City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ~T1E CITY OF DUBUQUE, IOWA: Se~lon 1. That the five year Capital Improvement Progxam for the period beginning July 1, 1992 as set out in the Fiscal Year 1993-1997 Recommended Capital Improvement Budget as amended is hereby approved and adopted as the proposed ailocation of the City resources for capital improvements as scheduled in the years shown, subject to annual review and revision~ Passed, approved and adopted this 29th day of February, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Klucsncr moved adoption of the Resolution, as amended. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Ksieg, Nagie, Nicholson, Voetberg. Nays--None. Council Member Voetberg moved to grant the City Manager a 4% pay increase. Seconded by Council Member Klucsner. Vote on the motion was ~ follows: Yeas--Council Members Kluesner, Voetherg. Nays--Mayor Brady, Council Members Deich, Kring, Nagle, Nicholsou. Motion failed. Special Session, February 29, 1992 An O~dinanun Amending Code of Ordinances by adopting in lieu thezeof n new Section 38-16(6) establishing Fees ch~ for Alm-m Monitoring, ptecented and (OFFICIAL PUBLICATION) ORDINANCE NO. 16-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 38-16(6) ESTABLISHING FEES CHARGED FOR ALARM MONITORING AND ADOPTING IN LIEU TIIE~EOF A NEW SECTION 38-16(6) ESTABLISHING FEES CHARGED FOR ALARM MONITORING NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'FILE CITY OF DUBUQUE, IOWA: Se~hin 1. That Section 38-16(6) of the Code of Ordinances of the City of Dubuque, Iowa, is hereby refueled and tho following new Section 38-16(6) is adopted in lieu thereof: There shall be an annual service eha~ge of fifty dollars ($50.00) for the Communications Center morAtofiag of direct alarm systems only for burglur, robbery and alarms, effective July 1, 1992." Passed, approved and adopted this 29th day of February, 1992. James E. Brady Mayor Attest: Ma.+y A. Davis City Clerk Published offidally in the Telegraph Herald newspaper this 13th day of Ma~h, 1992 Mary A. Davis It 3/13 City Clerk Council Member Voetberg moved that this be conslde~d the first w~ing of the Or. hunCh, nad that the requi~emunt that a proposed O~dinunce be considered and voted on for passage at two council mcetiags prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of thc Oidinanc~ Seconded by Council Member Nichoison. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Klecsner, Kriag, Nagle, Nicholsun, Voetherg. Nays---Nme. An Ordinance An~..nding Code of Ord~unnces by adopting in lleu then'eof a new Section 23-31(1) Establishing Rates and Charges for the City Ambulance Service, l~enented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 17;02 ' AN ORDINANCE Af~NDINO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 23-31(1), ESTABLISHING CERTAIN RATES AND CHARGES FOR THE CITY AMBULANCE SERVICE AND ADOPTING IN LIEU THEREOF A NEW SECTION 23-31(1) ESTAB- LISHING RATES AND CHARGES FOR THE CITY AMBULANCE SERVICE NOW TItERHFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1. That Section 23-31(1) of the Code of Ordinances of the City of Dubuque, Iowa, is hereby repealed: Se~lon 2. That the following new Section 23-31(1) is bemby adopted: "Sec. 23-31. Rates, established. There is hereby established the following schedule of ra~es and charges for the City ambulance service: (1) Fec ttansportlng one pa~on fiom any point within thc city limits to any other point within the city limits: (a) A base ~ate of ninety dollars ($~0.00); and (b) In addition to the base rate, there shall be a ninety dollar ($90.00) patient care unit (PCU) rote used to reade~ed. One PCU is equal to one hour of patiunt cae. PCU's shall be representing six (6) minutes, or one- tenth (1/10) of one hour of patient care. Each procedure und/or service provided by the City amlminnce service shall be assigned a PCU The PCU value for each medical prunedme and/or ~n'vice shall be established from time to time by the Special Session, February 29, 1992 City Manag~ and Bi,roved by City Council ~esolution." S~tlo. 3. That this ordinance shall lake effect on the 6th day of March, 1992. Passed, approved and edopted this 29th day of February, 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Published offic~ily in the Telegraph Herald newspaper this 6th day of March, 1992. Mary A. Davis It 3/6 City Clerk Council Member Voetberg moved that this be considered the first reading of the Ordinance. and that the requirement that a proposed Ordinance be considered and ye. ted 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 thc Ordinance. Seconded by Council Member Ninholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krlng, Nagle, Nicholson Voetberg. Nays--None. An Oldinance Amending the Cede of Ordinances by adopting in lieu thereof a new Section 82-4(a) reladng to Electrical Permit Fees, plesented and rend. (OffICIAL PUBLICATION) ORDINANCE NO. 18-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SEC. 82-4(a) RELATING TO ELECTRICAL PERMIT PEES AND ADOPTING IN LIEU THEREOF A NEW SECTION 82-4(a) RELATING TO ELECTRICAL PERMIT FEES. NOW, THEREFORE, BE IT ORDAINED BY THE CITy COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~llon 1. The Cede of Ordinances of the City of Dubuque, Iowa is amended by repealing Sec. 82-4(a). Section 2. Thc Code of Ordinances of the City of Dubuque, lowa is amended by adopting the following Sec. 82-4(a): Sec. 82-4 Fees. (nj Permit fees. Thc fee for each elec~ical permit shall be az set f~,h in Table No. 13-A below: TABLE 13-A ELECTRICAL PERMIT FEES Perndt l~mmc~j 1. Fortheissmmeeofe~chpermit... $ 10.00 2. For issuing each luppleloea~l pconit . 5,00 Minimum Fee Schedule: Minimum pe~nit fee (in addition to permit ismance fee) .............. 7.50 Ncw residcntinl buildin s - excluding hotels and mo~ls, The folinwing fce~ shall includc all wiring and clecUical ~luipmcm in or on each 81 Special Session, February 29, 1992 F~t rcccp~le, switch, ligl~ng ~ ~ Firm 20, each .................. 0.50 Addiflo~l o~tlets, e4w, h ........... 0.20 For lighting fixml~s, sockets or olhe~ Imp holding devices: Fi.t 20, ew~h .................. 030 Additional outlets, och ........... 0~0 For pole or platform-mounted lighting fixtures, each .................. 1.00 F~t thesuical-typc lighlin~ fixtur~ er ass~lblies, each ................ 1.~0 Residential liame~: For fixed ~iden~l appliw, cez or receptacle omlets for ~ne, in~ludiag w-il- om h~scpowe~ (HP) in ratinS, e. sch . . 5.00 Rating in hog. vower (HI'), kiinwatt$ (KW), kilovolt-amperes (KVA), et kilovolt- amperes-reactive (KVAR): Up to ~d inc~udlng 1, c~ch ........ 5.00 Ovc~ I ~nd not ovc~ 10. e~ch ....... 6.00 Over 10 ami no~ over 20, e~ch ...... 8.00 Over 20 md no~ ovcr 30, c~ch ..... 10.00 Over 30, each .......... 10.00 + 0.20/bp Note: I. Fc~ eqnipme~t or N0plimce~ having each r~impec~on ............ 35.00 F~ annual permit at $15.00 per monlh, yearly ................. 180,00 Impccfioos for wh/ch no fc~ is specifically ind/c4~d (minimum ch~gc - 1/2 hoer), per hour ........................ 35.00 Impo~llom ~otside of normal Imslness he. rs, p~ hour ................ 35.00* Special Session, February 29, 1992 82 Section 3. This c~dinance shall ~ke effect immediately upon publication as provided by law. Passed, approved and adopted this 29th day of Felmm.,y, 1992. Attest: Ma~y A. Davis City Clerk James E. Brady Mayor Published offidally in thc Telegraph Herald newspa~r this 1st day. of Awil, 1992. Mary A. Davis It 4/1 City Clerk An Ordinance Amending Code of Ord~naeces by adopting a new Section 22-36 relating to City Refuse Collection Rates, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 19.92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 22-36 RELATING TO CITY REFUSE COLLECTION RATES AND BY ADOPTING A NEW SECTION 22-36 RELATING TO CITY REFUSE COLLECTION RATES NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Cede of Ordinances of the City of Dubuque, Iowa, be amended by rel~ng Section 22-36. Se~lon 2. That the Code of Ordinances of thc City of Dubuque, Iowa, be amended by adopting the following new Section 22- 36: "Sec. 22-36. Charges-amounts; exceplions. (a) Class I p~emises. Except as qualified below, a fec of nine doliars ($9,00) per month shall be charged by thc City and collected from each lxoperty owner of Cl~s 1 pr~miscs for such services, effective July 1, 1992. Said charges or fee shall be in payment fo~ collection and d~sposal of garbage and refuse as defined. Exceptions to the colinction charges foF Class I p~mises are as follows: (1) When Class I premine~s have been vacant for a ]period of linee O) consecutive re. mhz c~ lo~ger, the owner may apply f~ a c~dit under procodmes to be ~tablished by the City Manager. Such c~edit shall continue only so long as thc Class 1 p~mine~ a~ vacant. (2) Class I premises, when thc heed of the household is sixty-five (65) years or older and has an income of twelve thousand four hundred dollars ($12,400) or less for a one person household or fourteen thousand one hundred and fifty dollar~ ($14,150) or lezs for a two person household nmy. upon Nrplicatlon, be excmplod from one~haif the established collection charge. Subsequent to initial application and eligibility, annual application must be made on luly first of each year to verify annual incom~ and eligibility, O) hardship, thc City Manager may and is hereby authorized and empowered to make adjustments in thc monthly City Manager shall have the authority to ~equ/rc such proof of extreme hardship as thc City Manager may dccm necessary. (b) Class II pren~ses. Thc City shall continue to collect from Class 11 premiss currently n~ceiving such aerviec. Thc charge for such collection service shali be based upon the averasc weekly qanntity of garbage and refuse being coliected, as dctenained by the City Manager, The rate charge shall be a multiple of the rate charged Class I Inemises as follows: (l) ~cro (0) to one hundred O~enty (120) galions of garbage and ~einse per week shall be charged the Class I premises rate times one (1). (~) The next one hundred twenty (120) gallons per week or fraction thereof shall be charged thc Class I premises rate times seventy-five one- hundredths (0.75), (3) All additional units of one hundred twenty (120) galions per week or fraction thereof shall be charged thc Class I premises rate times five- tenths (0.5). The owner of Class Il p~erni~es no longer wishing to be served by City garbage and refuse collection shall provide thc City Special Session, February 29, 1992 Mannger with not less than thirty (30) days written nodce of the intent to terminate the service. Such termination of service shall be effective at the be$inning of the next billing period after such thirty (30) day notice S~tlon 3. That this nedimmcc shall tske effect July 1, 1992. Passed, approved and adopted this 29th day of Febmery, 1992. James F~ Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 13th day of Match, 1992. May A. Davis It 3/13 City Clerk Council Member Vcetberg moved that this be considered the first ~muling of the Or~nauce, and that the requl~n~ent that a proposed Ordinance be considered and votsd 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 Nieholson. Canled by the following vote: Yeas--Mayor Brady, Council Members Ddch, Kluusner, Kring, Nngie, Nicholso~, Voether~. Nays--None. An Ordinance Amending Code of Ordinances by adopting in lieu thereof new Sections 31-22 and 31-23 Providing for a Farmers M~uket' Limitations on whs~ may be sold there and Fees for Pent, ts, pre~ented and red. (OFFICIAL PUBLICATION) ORDINANCE NO. 20-92 AN ORDINANCE AMENDING TI~ CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTIONS 31-22 AND 31-23, RELATING TO THE CENTRAL MARRET, WHAT MAY BE SOLD THERE AND THE FEES FOR PERMITS, AND ADOPTING 1N LIEU TtiEREOF NEW SECTIONS 31-22 AND 31-23 PROVIDING FOR A FARMERS MARKET, LIMITATIONS ON WHAT MAY BE SOLD THERE AND I~EES FOR PERMITS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Se~inn L Sections 31-22 and 31-23 of the City of Dubuque Cede of Ordinances am hmaby ~peuled. Se~lan 2. The following new Sex:lions sro hereby udopted. "Sec. 31-22, Central Market as a farmer's marke~; me~bendise permitted to be displayed; limitations and prohibitions. (a) The Central Market shaH be a "fitrmer's market" as provided for in Rule 481-30.2 of the Iowa Administrative Code and shall be subject to the rules relating thereto. Annualinspection sh~l be conducted by the City Health Services Division which is under contract with the Iowa l~partmcnt of Inspections and Appeals. Subject to such regulation and the limitations and prohibitions set forth hexcinai~r, any persce, firm or corl:otation may d~splay, offer for sale or sell on the streets or sidewalks of the Central Market, flowc~, am, crafts or food items which have been raised, produced or crafted by the vendor and which axe displayed and sold at a stsll for which a pemlit has been issued as provided for in Section 31-23 of this Article. (b) Limitations and Prohibitions. I) A vendor wishing to sell potentially hazardeos food products must hold a vulid State of Iowa Mobile Food Unit License. No person may sell potentially hazardous food products unless thc product ~iginates from an approved source. Potentially hazardous food products shall be held in an approved refiigcrated unit below 45 F. 3) No pr~on, firm or cooperation shall display, offer for sale or ~ any food or merchandius without first having complied with the laws of the State of Iowa relating to licensing, inspection and taxation. Bakery goods, such as cookies, cakes, bread and candies shall be individually wrapped. Soft pies and beke~' goods with custard or cream=type fillings, including pun~kin lie, shall not be sold or offered for sale. Special Session, February 29, 1992 (c) 1) 4) All fruits and vngetabies shall be stored in dean containers in truch or on risers ~long the slreet or sidewalk 5) All foodstuffs shall be pnstected fwm exposma to filus, dust and other contamination and shall be displayed so that the bottom of the display is not less than two (2) feet above the surface of the sidewalk or sUeat. Food shall be in sound condition free from sp~lnge, filth or other conUunination and shall be safe fo human consumption, 7) The following products may be sold at the Central Market without being licensed under Iowa Code Section 137A.6 at the market location: 1. Baked goods except the following: soft plus and bakery products with custard or cream fillings, as wcll as other potentially hazardous items. Baked goods shall be labeled in 481-34.3(137D). 2. Wholesome, fresh eggs that are kep~ at a temporatere of 60 F. or less. 3. Honey which is labeled in accordance with IAC rule 481-34.3(137D). 4. Prepacknged, nonhazardons food products prepared in an establishment licensed under Iowa Code Section 137A.6. ns a food establlshmant. Definitions. Farmers MarkeL A place for the sule of f~h fruits and vagctabies on a retail basis for consumpiion olsewhe~, Specific items which shall not be sold at such a inc0ity include homemade bta~er, raw milk, home canned froils or vegetables, meats, meat products, poul~y, fish or other potentially hozardous foods. Potentially Hazardous Food Products. Any t~od that consists in whole or in part of milk or milk products, eggs, meat, poulUy, fish, shellfish, edible crustacea or other ingredients including synthetic ingredients in a form capable of supporting rapid and progressive growth of infeclious or toxisorac microorganisms. The dous not include foods which have a pH level of 4.6 or below or a water activity vulec of 0.85 or less. 3) Approved Source. Sources that comply with ail applicable laws rein/ing to food, inspuction, licensing and labeling or are otherwise inspected and approved by the City of See. 31-23. Eatabllshineat of market stalls; issuance of permits. (a) The City Manager is authorized to establish spaces for stalls in the Cen~ul Market as may be necessary and to issue permits for the use of such stalls. The fees for such p4~'tdits shall be as follows: For the period of May first through October thirty- first: Saturday use only -- $35.00 Daily use -- $50.00 Annual permit: Saturday use only -- $50.00 Daily use -- $65.00 There shall be no proration of permit fees for any other ~ period. (b) To each permit fee shall be added the sum of fifteen dollars ($15.00) which shall be distributed by th~ finance director to an authorized relx0esentative of the Farmc~' Market Advertising Committe~ to be used for promotion of the Central Market. The fee shall be charged and collected at the stone time as the issuance of the permit and paid to ~he city treasurer. (c) When a permit holder uses a metered pe~king space on days other than authorized by the holder's petmlt the permit holder shall conrply with the parking meter requiternents of Section 32-335 of this Code." Section 3. This ordinance shall take effect immediately upon poblieatice. Passed, approved and adopted this 29th day of Febnmry, 1992. James E. Brady Mayor Attest: May A. Davis City Clerk Special Session, February 29, 1992 Pulllsbed officially in the Telegra~ Htrald newspaper this 6th day of Merch, 1992. Ma~y A. Davia lt3/~ City CKn~ Coundl Member Vnether8 moved that this be conuldmv, d tbe tim ~ultng of {h'dinunce0 and ~hat the requirement that a lyt~o~d Ordinance be conslde~d and voted on fac pan~nge at two couneil n-~etings pdor to the n~ttng at which it is to bo finally adopted bo suapunded and further moved flnul adoption of the Ordlmmco. Seconded by Council Member Nich~son. Carried by tbe following vo~: Yea~-M~yor Brady, Council Member~ Deich, Ydue~ner, Ksing, Nngle, Nichol~on, Vootberg. Nays--None. IUgSOLUTION NO. RESOLUTION APPROVING A FEE INCREASE FOR ANNUAL RENTAL DWELLING OPERATING LICENSES. Whereas, Section 26-7 (a) (1) of thc Code of Ordinneees of the City of Dubuque provides that tbe annual fee for ope~ting rental dwelling units shall be a~ specified by Re~olution of lhe City Council and; Whereas, the current fee acbedule for rental dwelling operating licenses Iron remained in effect since July, 1989. NOW THERI~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SneUo~ 1. The fee schedule f~ rentsi dwelling operating licenses is hereby amunded ns follows: Each dwelling (building), per dwelling -- $10.00 Each dwelling unit, per unit -- $ 7.50 Each Class B (rooming) unit, per room -- $ 3.00 Section 2. ~ fee schedule shall take offeet on July 1, 1992. Paszod, approved and adopted this 29th day of Febnu~y, 1992. Iam~s E. Brady Mayor Attest: M~xy A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Sccoodod by Council Member Nichd~on, Can~ed by the following vote: Yeas~Mayor Brady, Council Membe~ Delch, Kluezner, Yaieg, Nicholson, Vootber8. Nays--Council Member Nngle. RESOLUTION NO. 66-92 A RESOLUTION RESCINDING RESOLUTION NO. 68-91, WHICH APPROVED A SCHEDULE OF PLANNING AND ZONING FEES, AS PROVIDED IN THE ZONING ORDINANCE, AND APPROVING A NEW SCHEDULE OF PLANNING AND ZONING FEES, IN LIEU THEREOF, AND PROVIDING FOR THE ESTABLISHMENT OF A NEW FEE FOR COMPREHENSIVE PLAN AI~.~NDMENTS AND PLANNING AND ZONING REPORTS. Wherne~, thc City of Dubuque, Iowa charges c~rteln fees for tho processing of applications put, cant to the Zoning Ordinance and Sub&vision Ordinance; and Whereas, the City Council has determined that the specific nmount of such fees should be set by resolution; and Whereas, the City of Dubuque, Iowa has adopted a Zoning Ordinance requiting ne official schedule of planning and zoning feez. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1. That Res~ution 68-91 and its Schedule of Planning and Zoning Fees is bezoby rescinded, Seetlon 2. That the attached "Schedule A, Planning and Zoning Fees" is hereby approved. Se~lon 3. Tbe City Clerk is hm~sby authosized and directed to publish a ~omplete copy of this resolution and attached "Schedule A, Planning and Zoning Fees". Se~lun 4. Auaohod "Schedule A, Planning and Zoning Fees", aplx~oved by this resolution shall lake effe,~t i~ly. Passed, approved and adopted this 29th day or Peb=ary, 1992. lamss E. Brady Mayor Attest: May A. Davis City Cierk Special Session, February 29, 1992 SCI~DULE A PLANNING AND ZONING FEE~ (Effeetlve 2/29/92) I. Zoning Board of Adjustmem A. Variance .................. $50 B, Conditional UsePennit ....... $100 c. A~pea~ ................... $25 Il, Zoning Oxnmissi~o A. Text Amendment ............ $75 B. ~ I. Substmulal ..... $200 + $50/ac~ C. Planned District 1. Pt~iiminary Plan. $350 + $50/acre 2. Final Site Plan ... $1~0 + $5/acre 3. Amended Plan .. $200 + $25/acre D. Subdivi;ion Plat 1. Simple ................ $10 3. Major a. Preliminary .... $100 + $1( b. Final ............... $200 c. Combination . .. $200 + $10/hX Comprehmsiv© Plan Ameodmen~ . . $50 IV. Staff Rcvinws A, Site Plans 1. Simple ................ $10 2. Minor ........ $100 +: 3. Major ........ $200 + $10/ac~e B. Temporary Signs ............ $10 C. Tempmary Use Permits 1. On~ to four days ......... $25 2. Five to fourteen days ...... $50 3. Fifteen to 180 days ....... $100 D. Flood Plain DevelolXn~t 1. Plood Plaln Permit ....... $100 2. Finod Way Pannit ....... $500 E. Building and Sign Peonit Reviews $10 Cotmcil Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeah--Mayor Brady, Council Memberz Deich, Klnesner, Krlng, Nagle, Nicholson, Voetberg. Nays--None. Tht~'o being no further besimss, Council Member Voetber8 moved to odjourn. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Duich, Kluosner, Kfing, Nngle, Nichulson, Voetberg. Nays--None. Meeting adjourned at 2:11 p.m. May A. Davis City Clerk 1993.