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1992 July Council Proceedings259 Special Session, June 29, 1992 Council Members Attest: Regular Session, July 6, 1992 26O DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, July 6, 1992. Council met at 7:30 p.m. Public Library Auditorium. Present-Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Voetberg. Acting City Manager Stephani Johnson, Corporation Counsel Bany A. IJndahl. Absent-Council Member Hicholson. Mayor Brady read the call and stated this is the Regular Meeting of the City Council culled for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Marlene Novaff, Pastor Summit Congregational United Church of Christ. Proclamations proclaiming month of July as "Month of the Tri-State Veterans' Memoriul"; Honoring Miss Amanda Marie Kennedy as "Miss Iowa Teenage, Jr." was received by Ms. Kennedy. Bruce Wentworth and Norms Deniinger, members of the Dubuque Racing Association, presented a dividend check in the amount of $337,500. Council Member Krlag moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Voetberg. Carried by the following vote: Yeas~Mayc¢ Brady, Council Members Deich, Kluesner, Krieg, Nagle, Voetberg. Nays--None. Absent.--Counnil Member Nicholson. BOARDS AND COMMISSIONS Civic Center Commission Three Terms which will expire June 29, 2995 {Terms of D. Bonneth E. Perry R. Bakke); Applicants: Rod Bakke, Dave Bonnntt, Michael P. Brannon, Timothy Goen. Mike Brannon and Tim Goen spoke requesting appointment. Vote on the appointments was as follows: Mayor Brady voted for Bennett, Brannon and Ooan. Council Member Deich voted for Bakk¢, Bennett and Brannon. Council Member Kluesner voted fo~ Bakke, Bennett and Brannon. Council Member Krhig voted for Bakke, Brannon and G~en. Council Member Nicholson voted for Bakke, Brannon and Goen. Council Member Voetberg voted fo~ Buldre, Bonnntt and Brannon. Therefore, Rod Bakke, Dave Bennett and Michael Brannon appointed to three year terms on the Civic Center Commission witieh will expire June 29, 1995. Historic Preservation Commission Two terms which will expire 7-1-95 {Tea'ma of G. Naaghton & M. Schiesl) - Must be from Jackson Park area and W. 1 lth St. Area. Applicants from Jackson Park: Gall Naughton. Applicants At Large: Kevin Eipperie (unexpired term to expire 7-1-94 if appointment of Sue Wilke is accepted for the W. llth St. opening); Applicants from W. llth St.: Sue Wilke (resigning from at-large opening if appointed to represent W. llth SL). Council Member Kfieg moved that Gaff Naughton be appointed for the Jackson Park area for a term that will expire July 1, 1995, that Kevin Eipperle be appointed for the At L~ge area for a term that will expire July 1, 1994, and that Sue Wilke be appointed for the W. 11 th St. area for a term that will expire July 1, 1995. Seconded by Council Member Voetberg. Carried by the following vote: Yeas~Mayor Brady, Council Members Dnich, Kluesner, Kfiag, Nagle, Voetberg. Nays--None. Absent~ouncll Member Nicholson. Library Board Appointment to be by Mayor with approvul of Council in accordance with Sec. 30-1 of City Code of Ordinances. One unexpired term which will expire July 1, 1993. Helen Hantelmann addressed the Council on behulf of herself. Mayor's revommendation was Helen Hantelmann. Council Member Voetberg moved that they concur with the Mayor's tecommendaffon of the appointment of Helen Hantelmann. Seconded by Council Member Deich. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Nagle, Voetberg. Nays~Council Members Kluesner, Krieg. Absent--Council Member Nicholson. Long Range Planning Commission Two three year terms which will expire July 1, 1995 (rem of C. Craffan and H. McCormick) Also a member of the City Council to be designated annually and an 261 Regular Session, July 6, 1992 alternate council nmmber. Communication of David Rusk endorsing the reaptx~ntment of Carla Orahnn and the appointment of Gordon Mills to the Long Range Planning Commission. Applicants: Ethel Chcrioli, Cmta Crahnn, Robert J, Felderman, Glenn Fuhrman, Vernen Haberkora, Gordon E. Mills, Jeff Sdles. Gordon Mills, Jeff Stiles and Bob F¢ldermun spoke requesting appointment to this Commission. Mayor Bredy voted for Crahan and Haberkorn, Council Member Deich votad for Crahan and Haberkom. Council Member Kluesner voted for Crahnn and Mills. Council Membsx Krieg voted for Crahan and Mills. Council Member Nagle voted for Crahnn and Haberkorn. Council Member Therefore, Carla Crahnn re, appointed to the Long Range Planning Commission for a 1995. There not being a majority on the second appointee a second vote was taken for the Long Range Planning Commission. Mayor Brady voted for Haberkorn. Council Member Dalch voted for Haberkora. Council Member Kluesner voted fca' Mills. Council Member Kfieg voted for Mills. Council Member Nagle voted for Haberkoxn. Council Member Nicholson was absent. Council Member Voetberg voted for Mills. There not being a majority a third vote was taken which was identical to this second vote. Again, them not being a majority a fourth vote was taken. Mayor Brady voted for Cherioli, Council Member Deioh voted for Feldarman. Council Member Klucsnar voted for Mills. Council Member Kfieg voted for Mills. Council Member Nagle voted for Feldarman. Council Member Nioholson was absent. Council Member Voetbexg voted for Mills. Again, there not being a majority a fifth vote was taken. Mayor Brady voted for Mills. Council Member Deich voted for Mills. Council Member Khresner voted for Mills. Council Member Krieg voted for Mills. Council Member Nagle voted for Mills. Council Member Nioholson was absent. Council Member Voetherg voted for Mills. Thnrefme, Gordon E. Mills, 755 Mt. Carmel was appointed to the Long Range Planning Commission which term will exphe July 1, 1995. Council Member Kdeg moved that Council Member Dirk Voetberg be appointed represanllng the Council with Council Member Kluesner as alternate to the Long Range Planning Commission and aiso that Stephndi Johnson be appointed as the City Manager designee with Jim Burke as Alternate ou the Long Range Planning Commission. Seconded by Council Member Nagie. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagie. Voetberg. Nays~None. Absent--Council Member Nioholson. Park and Recreation Department Three three-year terms which will expire June 30, 1995 (terms of M. Buelow, M. Sullivan, and P. Hoffmann). Applicants: Charles Angel, Michael L Buelow, Vernon Habeskom, Paul E. Hoffmann, Harold McCormick, Gerald J. Roth, Eric Silerman, Jeff Sdles, Mark J. Sullivan, Bob Timmerman. x,~ Jeff Stiles, Mark Sullivan, Mike Buelow, Paul Hoffmann, al! spoke requesting appointment. Vote on the Park and Recreation Commission appointment was as follows: Mayor Brady voted for Buelow, Hoffmann, and Timmesman. Council Member Deich voted Buniow, Hoffmann, and Sullivan. Council Member Kluesner voted for Buelow, Hoffmann, and Sullivan. Council Member Kfieg voted for Buelow, Hoffmann, and Sullivan. Council Member Nagle voted for Bualow, Hoffmann, and Sullivan. Council Member Nicholson was absent. Council Membex Vcetberg voted for Buniow, Hoffmann, and Sniilvan. Therefore, Mike Buelow, Paul Hoffmann and Mark Sullivan /eappointed to the Park and Recreation Commission for three year terms which will expLre June 30, 1995. TV Cable Community Telepr°grammlng Commission Two tenm which will expire June 30, 1995 (Terms of F. Cook and D. Wolf). Applicants: Floyd Cook, Kevin Kapp and David M. Wolf. Floyd Cook and Kevin Kapp spoke requesting appointment. Vote on the appointment was as follows: Mayor Bredy voted for Cook and Kapp. Council Member Deich voted for Cook and Wolf. Council Member Kluesner voted for Kapp and Wolf. Council Member Krieg voted for Cook and Capp. Council Member Nagie voted for Cook and Kapp. Council Regular Session, July 6, 1992 262 Member Nicholson was absenL Council Member Voetberg voted for Cook and Well Therefore, Floyd Cook, 905 Liberty was reappointed and Kevin Kapp, P.O. Box 541 appointed to the TV Cable Community Teleprogramrmng Commission for three year terms which will expire June 30, 1995, Zoning Commission Two three-year terms which will expire July 1, 1995, (Terms of C. Heathcote and D. Lochner). Applicants: George R. Fowler, Vernon Haberkom, Carl Heathcote, Don Lochner, Richard J. Schlitz, Jeff Stiles, James Stock. Jim Stock and Jeff Stiles spoke requesting appointment Vote on the appointment was as follows: Mayor Brady voted for Haberkom and Lochner. Council Member Deich voted for Haberkorn and Stiles. Council Member Klnesner voted for Heathcote and Sehiltz. Council Membe~ Krieg voted for Fowler and Stock. Council Member Nagle voted for Haberkom and Stock. Council Member Nicholson was absent. Council Member Voetberg voted for Sdles and Sehiltz. There not being a majority a second vote was taken. Mayor Brady voted for ltaberkom and Lochner. Council Member Deich voted for Haberkorn and Stiles. Council Member Klnesner voted for Heathcote and Schlitz. Council Member Krieg voted for Haberkorn and Stock. Council Member Nagie voted for Haberkern and Stock. Council Member Nicholson was ahrent. Council Member Voctberg voted for Schiltz and S~les. Therefore, Vernon Haberkom appointed to the Zoning Commission for a term that will expire June 1, 1995. There not be'lng a majority for a second appointment, a third vote w~ taken. Mayor Brady voted for Stiles. Council Member De'ich voted for Stiles. Council Member Kluesne~ voted for Schiltz. Council Member Krieg voted for Stock. Council Member Nagie voted for Stock. Ceancll Member Nioholson was absenC Council Member Voetberg voted for Stiles. Again, there not being a majesity another vote was taken. Mayor Brady voted for Stiles. Council Member Deioh voted for Stiles. Council Member Kluesner voted for Heathcote. Council Member Klieg voted for Stiles. Council Member Nagie voted for Stock. Council Member Nicholson was absent. Council Member Voetberg voted for Stiles. Theref~e, Jeff Stiles appointed to Zoning Commission for a thwe year term which will expire July 1, 1995. Operailon: New View. Council Member Nagie moved that Dan Nioholson be appointed as Council representative. Seconded by Council Member Voetberg. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Klncsner, Krleg, Nagle, Voetberg. Nays--None. Absent~ouncll Member Nioholson. Council Member Nagle moved that Dirk Voetberg be appointed aa Alternate Council Repre~entefive to Operation: New View. Seconded by Council Member Kileg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagie, Voetberg. Nays--None. Absent~ouncil Member Nicholson. Council Member Krieg moved to suspend thc rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Veetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner. Kfieg, Nagle, Voetberg. Nays--None. Absent--Council Member Nicholson. Communication of City Manager requesting Council to amend the 1989 Fl~eway Corridor Plan, regarding mzoning on Elm S~eet by "Maintaining existing Residential Zoning in the Elm Street Cesfidor, to preserve existing housing and to protect the Washington Street Neighborhood", presented and ~ead. John Waltz, 2558 Rosewood and Jim Giese of 1600 Lori Ct., spoke. Council Member Voetberg moved that the communication be ~ceived and filed and recommendation to amend Freeway Corridor Plan was approved. Seconded by Council Member Nagie. Carried by the following vote: Yeas~Mayor Brady, Council Members Dalch, Khrean~, Krleg, Nagie, Voetberg. Nays--None. Absent-~2ounc'fl Member Niohol~on. Communication of City Manager requesting Council to amend the 1989 Freeway Corridor Plan regarding use of City housing rehabilitation loan funds in Corridor Nnighb~hoods and reconur~ading "Where mora~nimm em'renily exist on use of public rehnb funds (in the F~eway Corridor Target Areas), these bans sheuld be annually reviewed - If pianned redevelopment is not occurring, consideration should be given to recomn~tment of public assistanc~ funds for housing rehabilitation", pm~ented and read. 263 Regular Session, July 6, 1992 Council Member Voetberg moved that tho communication be xecnived and filed and recomraundation approved to amend the Freeway Corridor Plan.. Seconded by Council Member Nnghi. Carried by the following vote: Yeaz--Mayec Brady, Council Members Deich, Klunsunr, Kfiag, Nagle, Voetbeng. Nays--None. Absent-Council Member Nicholson, Communication of City Munagur requesting approval of an amendment to the Annual Con~butions Contract, with HUD for Sectiun 8 Program Housing Vonchers, presented and mad. Council Member Voetberg moved that the communication be received and fried. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klunsr~r, Kfing, Nngle, Voetberg. Nays---None. Absent---Council Member Ninholson. RESOLUTION NO. 223-92 A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 8 HOUSING VOUCHERS, PROGRAM NO. IA05-V087-012 (REPLACING PROGRAM NO. IA0$-V0gT-002) under the consolidated Annual Contributions funding commitments through the offering of Whereas, the Department requires execution of this contract for the City's adnfinistration of these funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque be and he i~ hereby anthorized and directed to execute an amended Annual Contributions Contract, with tho US Department of Housing and Urban Devulopment, for Project No. IA05-V087- 012, under Master Annual Contributions Contract No. KC-9004E, on behalf of the City of Dubuque. Section 2. This resolution shall take effect irmnediately. Passed, approved and adopted this 6th day of July, 1992. Iart~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kfing moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas~Mayor Brady, Council Members Deich, Khiesner, Kring, Nngle, Vontberg. Nays--Noan. Absent--Council Member Niciwlson. Communication of DMATS advising Council of Draft Agreement to update the primary extension wute system within the Dubuque Urban Area, submitted by the Iowa Departo~nt of Transportation and ruquesdng concur~nce with the agreement's general provisions in principle, presented and reed. Council Member Vontberg moved that the communication be received and filed and agreed in principle and directed to communicate this agreement to the Iowa DOT. Seconded by Council Member Kriag. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesner, Krieg, Nngle, Vcetberg. Nays--Noan. Absent--Council Member Nioholson. Communleation of Acting City Manager responding to i, equest from St. Anthony's School and requesting Council to approve granting pen~ission to SL Anthony's to install a raised concrete median and curb ramps on Rose/kale Avenue, at no cost to the City, presented and read. Council Member Voetberg moved that the communication be received and filed and ~esolved to approve median and ramps. Seconded by Council Member Kring. Carried by tho following vets: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle. Nays--Council Member Voetborg. Absent---Council Member Nicholsom Council Member Kluesnur moved to amend the above motion fc~ installing of concrete median and curb ramps on Rosedule Ave. and that the City incur the coats. Seconded by Coun~l Member Krhig. Can'ied by the foliowing vote: Yeas--Mayor Brady, Council Members Deich, Klansner, Kring. Nays---Council Members Nngle, Voetberg. Absunt~ouncil Member Nicholson, Regular Session, July 6, 1992 264 Communication of City Manager asking the Council to adopt a City of Dubuque Investn~nt Policy and establish an Oversight Commission; Resolution Adopting an Investn~nt Policy for the City of Dubuque and un Ordinance establishing an Invcsto~nt Oversight Commission, presented and read, Council Member Krieg moved that the communication, Resohition and Ordinance be tabled to the meeting of July 20th and referred to the Ad Hoc Investment Committee for nview. Seconded by Council Member Voetbexg. Canied by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kring, Nagle, Voctberg. Nays~4~ouncil Member Dcinh. Communication of City Manager requesting Council approve an amendment to a March 23, 1987 Community Development Block Grant Loaz~ Agreement with the Dubuque Data Servic~ Company, presented and read. Council Member Klu~ner moved that the communication be received and filed. Seconded by Council Member Naglo. Carried by the following vote: Yeas--~ouncil Members Dcich, Khiesner, Krleg, Nagle, Voetberg. Nays--None. Abstain--Mayor Brady. Absent~ouncil Member Nicholson. RESOLUTION NO. 224-92 RESOLUTION AUTHORIZING --~H~ REVISION OF DUBUQUE ~TA SERVICES' COMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT Whereas, under provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant Funds for the purpose of stimulating economic development activities within the community; and Whereas, the City of Dubuque, Iowa previously assisted Dubuque Data Services in its efforts to enhance and expand its existing operations; and Whereas, an amended loan agreement, revoking and n~phiclng the original loan agmmunt, adopted by the City Council on the June 1. 1992 is to be executed by Dubuque Date Services and the same hereto attached and by this reference made a part hereof. NOW THEREFORE, BE IT RESOLVED BY TtIE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they aw hereby authorized and directed to endorse the ~cf.:optunce of the City of Dubuque upon the amended loan agreen~nt hereto attached, awarding a ninety-cue thousand dollar ($91,000) loan to Dubuque Data Services according to the terms specified herein. Passed, approved and adopted this 6th day of July, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution, Seconded by Council Member Nagle. Carried by the following vote: Ye~--Council Members Dcich, Kluesner, Krleg, Nagle, Voetberg. Nays--None. Abstain--Mayor Brady. Absent---Council Member Nichulson. Communication of City Manager submitting a grant agreement with tho Department of tlousing and Urban Development in the amount of $1,133,000 for calendar year 1992, presented and read. Council Member Kfieg moved that tho communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nagle, Vontberg. Nays--None. Absent--Council Member Nichol~on. RESOLUTION NO. 225-92 RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR CALENDAR YEAR 1992 Whereas. under provisions of Tide I of Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and submitted a Statement of Intent on December 1, 1991 for a Community Development Block Grant; and 265 Regular Session, July 6, 1992 Whereas, the submission ha~ bo~n approved by the Department of Housing sad Urban Development in the amount of $1,133,000 for a twelve month pwgram commencing Iunualy 1, 1992; and Whereas, a Grant Agreen~nt ~overing the activities pwposed to bo carried out with Community Dovcioprmnt Block Grant funds has beton tondared the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secilon 1. That the Grant Agreen~nt, authorizad by tho U.S. Department of Housing and Urban Devalopment on June 19, 1992, fee n Community Development Block Grant to the City of Dubuque in the amount of $1,133,000 is hereby accepted. Section 2. That the Mayor of the City of Dubuque bo and he is hereby authorized sad directed to execute an additional Community Development Block Grant Agreement identified as Orant Agreement B-92-MC-19- 0004 for submission to tho U.S, Department of Housing and Urban Development. Passed, approved and adopted this 6th day of Inly, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Naglo, Voetborg. Nays -Noue. Absent---Council Member Nichoison. Council recossad at 9:14 p.m.; Council reconvenad at 9:31 p.m. Communication of Long Range Plallding Commission submitting the identified correlation between the eight dimensions of the Vision 2000 document and the seventeen elements of the City's Comprehensive Plan currenfly bolng worked on by tho Commission, presented and read. Council Member Nagle moved that tho communication be received and filed. Seconded by Council Member Krieg. Carried by tho following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Kring, Naghi, Voetberg. Nays--None. Absent--Council Member Nicholson, Communication of Dubuque County Board of Supervisors requesting recommendation from the Council regaxdnig the transfer jurisdiction of the Marjo Quarry Road to tht; Mines of Spain and Julien Dubuque Monument to the Department of Natoral Resources, presented and r~ed. Council Member Kricg moved that the communication be received and filed and refeared to City Manager and Staff and to inform County we are tyansferring to City. Se~conded by Council Member Kluesner. Carried by tho following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Naglo, Voetborg. Nays--None. Absent--Council Member Nicholson. Communication of City Manager requesting Council provide direction on the rozoning of property located at 83 Locust Street relative to the Freeway Corridor Plan, presented and read. Council Member Voetborg moved that the communication be received and filed and directed Staff to advise IDOT of City's interest to change zoning to OR and refer to Staff to assist Handicapped Persons Inc. to relocate. Seconded by Council Member Nagle. Carried by the following vote: Ye.os--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Voetbexg. Nays--None. Absent--Council Member Nicholson. Communication of Acting City Manager responding to petition from r~sidents along South Way Stseet requesting a 25 mph speed limit sign posting and installation of stop sign at intersection of South Way St~uet and Dana Drive and re¢omn~nding denial of request; however reeomm0nd, instnilafion of a yield sign on Dana Drive at the intefsueilon with Southway Street, presented and re~d. Council Member Kluesuer moved that the communication bo reccivad and fdad. Seconded by Council Member Voetberg. Can/ad by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Kfieg, Naglo, Voetherg. Nays--None. Absent--Council Member Nicholson. ,, An Ordinance Amending Code Of Ordinances by adding a now intersection to Subsection Co) of Section 32-216 thereof providing for the addition of "Yield Sign" at the intersection of Dana Drive and Southway, presented and read. Regular Session, July 6, 1992 266 (OFFICIAL PUBLICATION) ORDINANCE NO. 46-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING A NEW INTERSECTION TO SUBSECTION (b) OF SECTION 32-216 THEREOF PROVIDING FOR THE ADDITION OF YIELD SIGN AT THE INTERSECTION OF DANA DRIVE AND SOUTH WAY NOW TfIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa bo amended by adding the foBowing intersecilon to Subsection (b) of Section 32-216 thereof as follows: "See. 32-216. Yield Intersections. CO) (4) Westbound Vehicles Dana Drive and South Way Street. Passed, approved sad adopted this 6th day of July, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 10th day of July, 1992. Mary A. Davis It 7/10 City Clerk Council Member KIuesner moved this be tho th:st reading of tho Oxdinanee, that the tale requiring an Ozdinance be presented sad read at three separate meetings bo suspended and further moved adoption of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: yeas~Mayor Brady, Council Members Dcich, Kluesner, Kfieg, Nagle, Voethexg. Nays--None. Absent--Council Member Nicholson. Communication of Acting City Manager recommending installation of parking meters on the north side of 5th Street between Central Avenue and Iowa, presented and read. Council Member gaieg moved that the communication be received and fried. Seconded by Council Member Voetborg. Caniad by the following vote: Yeas--Mayor Brady, Council Members Kluesuer, Nagle, Vootborg. Nay~-.Couueil Member Deich, Kfieg. Absent--Council Member Nicboison. An Ordinance Amending Code of Ordinances by adding the North aide of Fifth Street between Centxal Avenue and Iowa Stseet to Meter District "C" in Section 32- 336 thereof, presented and read. Council Member Krieg moved flint this.bo considered the firet reading of the Ordinance, and that thc requirement that a proposed Ordinance bo considered and voted on for passage at two council meetings prior to the meeting at which it is to bo finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Voetborg. Vote on the motion was as follows: ycas~Mayox Brady, Council Members Kluesner, Nagle, Voetherg. Nays.Council Members Deich, Krieg. Motion failed duo to lack of 3/4 vote. Council Member Voetberg moved that this be considered the Brst reading of tho Ordinance. Seconded by Council Member Naghi. Carried by the following vote: yeas--Mayor Brady, Council Members Kluesner, Krieg, Naglo, Voetberg. Nays--Council Member Deich. Absent~ouncil Member Nicbolson. Communication of Michael J. Sexton, Publisher of Telegraph Herald requesting City re-evaluate its position regarding publication of salaries on sa annual basis of City employees, presented and read. Council Member Voetborg moved that the communication be received and filed and Staff directed to publish salaries on an annual basis. Seconded by Council Member Krieg. Can/ed by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Vontberg. Nays--None. Absent--Council Member Nichohon. proof of Publication certified to by the Publishcx on Notice to Bidders of tho Receipt of Bids for tho consm~ction of Center Grove Drive Sanitary Sewer Extension; communication of City Manager rexommending to award contract for project, presented and read. Council Member Nagle moved that the proof and communication be received and filed. Seconded by Council 267 Regular Session, July 6, 1992 Membex Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kriag, Naglc, Voetharg. Nays--None. Absent--Council Member Nichoison. RESOLUTION NO. 226-92 AWARDING CONTRACT Where0s, sealed proposals have Inen submitted by contractors for the Centex Grove Drive Sanitary Sewer Extension pursuant to Re~olullon No. 190-92 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 4th day of June, 1992. Whereas, said scaled proposals were opened and read on the 18th day of June, 1992 and it has beoti determined that the bid of Stewart Construction Company of East Dubuque, Illinois in the amount of $35,698.66 was the lowest bid for the fumisbings of all labor and materials and performing the work as provided for in the plans and specifications. NOW TEF~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tbe contract for the above improvement be awarded to Stewart Construction Company and the Manager ha and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTttER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasmrg is authorized and instructed to retrain the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of July, 1992. James E, Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Voetborg. Carried by tim following vote: Yeas--Mayor Brady, Council Members Deich, Kbiesner, Kfing, Nagle, Voetharg. Nay~None. Absent-~Souncil Member Nicholson. Proof of Publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids for the Construction of 1992 P,C. Concrete Paving Project and communication of City Manager recommending to award contract for project, presented and ~ad. Council Member Kring n,.oved tllat the proof and commuulcailon be received and filed. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kdeg, Nagle, Voetharg. Nays--None. Absent--Council Member Niehoison. RESOLUTION NO. 227-92 AWARDING CONTRACT Where,, sealed proposals have been submitted by contractors for the 1992 P.C. Paving Project pursuant to Resolution No. 206-92 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 18th day of Jane, 1992. Whereas, said sealed proposals were opened and read on the 30th day of June, 1992 and it has been determined that the bid of Tschiggfde Excavating Company of Dubuque, Iowa in the amount of $1,010,100.56 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THF2~EFOHE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Tscbiggfrie Excavating Company and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon tho signing of said contract mid the approval of the contractor's bond, tho City Treasurer is authorized and instructed to return the bid deposits of the u~succossful bidders. Passed, appwved and adopted this 6th day of Inly, 1992. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Regular Session, July 6, 1992 268 Council Member Krieg moved Mopfion of the Resolution. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagla, Veetharg. Nays--None. Absent~oanc*fl Member Nioholson. Communicaticm of Acting City Manager recommending accepting thc patent deed from the IDOT for propertles along the north side of Southern Avenue from Locust Street and Samuel Smoot which was purchased by the City on March 18, 1992, pre~nted and re~d. Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Vcetharg. Carried by the following vote: Yeas~Mayor Brady, Council Members Dnich, Kluesner, Kriag, Nagle, Voetberg. Nays--None. Absent---Council Member Nicbolson. RESOLUTION NO. 228-92 A RESOLUTION ACCEPTING CONVEYANCE OF PROPERTY LOCATED IN JOHN BREAKEY'S ADDITION, MINERAL LOT 39, IN MISSISSIPPI HEIGHTS #3, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, AS SHOWN ON RIGHT-OF-WAY PLAT EXHIBIT "A" ATTACHED HERETO Whereas, the City of Dubuque, in consideration of the payment of $12,900.00, purchased a parcel of land located in John Breakey's Addition, Mineral Lot 39, in Mississippi Heights #3, in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exbibit "A' attached hereto and by reference made a part hereof; and NOW TI 1EREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves of, accepts, and consents to patent #4283 from the Iowa Department of Tr0nsportetion conveying property located in John Breakny's Addition, Mineral Lot 39. in Mississippi Heights #3, in the City of Dubuque, Dubuque County, Iowa, as shown on right-of-way plat Exhibit "A" attached hereto. Section 2. That the Mayor is bemby authorized and dlmcted to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to file a copy of this resolution in the office of the Recorder, in mid for Dubuque County, Iowa. Passed, approved and adopted this 6th day of July, 1992. James E. Brady Mayor Atto,st: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Voetharg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dbich, Kluesner, Kfieg, Nngbi, Voetherg. Nays--None. Abeent~ouncil Member Nicholson. RESOLUTION NO. 229-92 NOW, TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with tho provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Airport Inn Ethel K. Schwartz 574 East 16th St. Angle's Angola Mangeno 1401 Elm St. Cmalanes Bowling Inc. 255 South Main St. Dubuque Bowling Lanes James R. Ferrlng 1029 1/2 Main St. 2776 Jackson St. James W. Goetzinger 2t86 Central Ave. Curtis L. Gerhard McCann's IOCO McCann's Service, Inc. 690 West Locust St. Oky Doky #7 B & M Convenient Mart 3301 Pennsylvania Ave 269 Regular Session, July 6, 1992 A & B Tap Sandra Zirk~lbec~ My-Cap 2600 Central Ave United Auto Workers Local #94 MyCap 3450 Central Ave Passed, approved and adopted this 6th day of July 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Khiesn~r moved adoption of the Resolution. Seconded by Council Member Krieg. Carcied by tho following vote: Yeas--Mayo~ B~edy, Council Member~ Ddch, Kleesner, Kfiag, Nagle, Voetberg. Nays--None. Absent---Counc~ Member Nicholson. Communication of Main Street Ltd. endorsing Beer Permit for Dubuque Jayeees, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member galeg. Carded by the following vote: Yeas--Mayor Brady, Council Members ]Deieh, Kluesner, Krleg, Nagle, Voctberg. Nays--None. Abseat--Councll Member Nicholson. RESOLUTION NO. 230-92 Whereas, Applications for Beer Permits have been submitted and £iled to this Council for approval and the sam~ have been examined and approved; and Whereas, The premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper .bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That the Manager be authorized to cause to he issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuqtm IayCees Five Day Permit Town Clock Plaza CLASS "C" BEER PERMIT Iowa Oil Company IOCO Speede Shoppe Sunday Sales 2335 University Christina Chapman Oky Doky #14 Sunday Sales 1050 University Passed, approved and adopted this 6th day of Jtdy, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Klueener moved adoption of t~ Resolution. Seconded by Council Member Krlag. Carried by the following vote: Yees~Mayor Brady, Council Members Deich, Kluesner, Kriag, Nagle, Voetberg. Nays--None. Absent---Council Member Nicholson. RESOLUTION NO. 231-92 Wbere~s, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thexeto and they have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Ctmis L. Gerhard Knickers Saloon Sunday Sales 2186 Central House of China Company House of China Sunday Sales 170 LF.K. Thomas M. Koch Paul's Tap Sunday Sales 176 Locust CLASS" E" LIQUOR LICENSE Beecher Beverage Co., InBeeoher Beverage 1691 Asbury Passed, approved and adopted this 6th day of July, 1992 James E. Brady Mayor Attest Ma~ A. Davis City Clerk Regular Session, July 6, 1992 270 Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Nagle, Voetberg. Nays--None. Absent~ouncil Member Nicholson. Council Discussion on the process mid procedure to begiu filling the position for City Manager, upon consensus it was directed that the matter be referred to a Work Session to be held on July 14th at 7 p.m. in Conference Room "A", City Hall. Council Member Krieg moved that Acting City Mmmger Stephanl Johnson be granted a 15% salary adjustment during her tenure of thne as Acting City Manager. Seconded by Council Member Voethesg. Caroled by the following vo~e: Yeas---Mayor Brady, Council Members Deich, Khiesner, Krieg, Nagle, Voetberg. Nays--None. Absent-.-Council Member Nicholson. Proof of Publication certified to by the Publisher on Notice of Ileaxing on Plans and Specifications for the 1992 Sidewalk Repair Project No. 3-Hoodwall project, presented and read. Council Mem~r Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Nagle, Voetborg. Nays~None. Absent-Council Member Nichoison. RESOLUTION NO. 232.92 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 27th day of May, 1992, plans, spedficadons, form of contract and estimated cost were Bled with the City Clerk of Dubuque, lowa for the 1992 Sidewalk Repair Project No. 3 - Floedwalh Whereas, notice of he.ring on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the said plans, specifications, f~m of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted mid approved this 6th day of July, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voetherg moved adoption of the resolution. Seconded by Council Member Kfieg. Caroled by file following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Kfieg, Nagle, Voetberg. Nays--None. Absent---Council Member Nicholson. Proof of Publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids for the project and communication of City Manager recommending to award contract for project, presented and mad. Council Member Vectberg ~noved that the proof of publication be received and Bled. Seconded by Council Member Krieg. Carried by file following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Nagle, Voetberg. Nays--None. Absent--Council Member Nicholson. RESOLUTION NO. 233-92 AWARDING CONTRACT Wbere~, sealed pmposnis have been submitted by contreetors fo~ the 1992 City of Dubuque Sidewalk Repair Project - //3 Floodwall pursuant to Resolution No. 200-92 and notice to blddess published in a newspaper published in the City of Dubuque, Iowa on the 9th day of Juue, 1992. Whereas, said sealed proposals were opened and read on the 25th day of June, 1992 and it has been determined that the bid of Max Smith Construction Company, Inv. of Dubuque, lowa in the amount of $32,520.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and speeillca- lions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awmded to Max Smith ConsUaction Company, he. and the Manager be and is hereby directed to execute a contract on behalf of tho City of Dubuque for the complete perforwau~ce of the wesk. 271 Regular Session, July 6, 1992 BE IT Iq.,q~THER RESOLVED: That upon the signing of said contract and the approval of the contrector's bond, the City Treasm~ is authorized and instrec~d m return the bid deposits of the unsuccessful bidders, Passed. approved and adopted this 6th day of July. 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Membo' Kring. Canied by the following vote: Yea~--May~ Brady, Council Members Deinh, Kluesner, Kfieg, Nagbr, Voetberg. Nays--None. Absent~oun~li Member Nichulson. Ih'eof of Publication certified m by the Publisher on Notice of Public Hearing m consider disposing of City's interest in property located at 560 West 8th Street and communication of City Manager recommending to sell property at 560 W. 8th Street, presented and read. Council Member Voetbe~ moved that the proof and conmmnication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Ye~s--Mayor Brady, Council Members Dnich, Kinesner, Krieg, Nagle, Vo~tberg. Nays--None. Absent~Councli Member Nicholson. RESOLUTION NO. 234-92 A RESOLUTION APPROVING THE DISPOSAL OF CITY-OWNED PROPERTY: LOT FIFFY-ONE (51) IN CORIELL'S DUBUQUE, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; ALSO KNOWN AS 560 W. 8TH STREET, DUBUQUE, IOWA, TO DANIEL W. AND JOANN M. MOORE Whereas, pursuant m duly published notice, published in the Telegraph Herald newspaper, the City Council of Dubuque, Iowa, met on the 6th day of July, 1992, at 7:30 p.m. in the Carnegie Smut Public Library Auditorium, llth and Bluff Sueet, Dubuque, Iowa, m consider the prope~al to dispose of City-owned ~ estate located at 560 W. 8th Street which property is legally described as follows: Lot Fli~y-One (51) in Cosiell's Dubuque in the City of Dubuque, Dubuque County, Iowa, according to the ~cc~ded plat thereof. Wbere~s, such property is to be sold to Daniel W. and Joann M. Mo~re for the comideration of $17,001 and rehabilitation of such property in accordance with City standards; and Wberees, the City Council of the City of Dubuque, Iowa, has overruled any and all objections, oral and written, m the proposul to dispose of the interest of the City of Dubuque, lows, in the hes~in and above- naraed real estate to the abeve-narued gesutee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of thc City, of Dubuque in the herein above-described property to Daniel W. and Junnn M. Moore is hereby approved. Section Z That the Mayor be and he is hereby authorized and directed to execute a Quit Claim Deed, and that the City Clerk be and she is hereby directed and authorized to deliver such Deed, conveying thc above described real estate to thc above-named grantee. Passed, approved an adopted this 6th day of Inly, 1992. Attest: Mary A. Davis City Clerk Coundl Member James E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Krleg. Canled by the following vote: Yea&Mayor Brady, Council Members Ddich, Klansner, Kfieg, Nagte, Voetberg. Nays--None. Abrent--CouncB Member Nicholson. Proof of Publication certified to by the Publishes on Notice of Public Hearing to consider reclassifying property at 2050 John F. Kennedy Road from C-2 to C-3 District, presented and read. There were no written objections ref~ived and no oral objectors present at the limo of the Heating. Council Regular Session, July 6, 1992 272 Membe~ Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Nagle. Canied by thu following vote: yeas---Mayor Brady, Council Members Deich, Kluesner, Ksieg, Nagle, Voetberg. Nays--None. Abscnt-42ouncil Member Nicholson. An Ordinance ambnding Zoning Ordinance of the City by reclassifying property located at 2050 Iohn F. Kennedy Road from C-2 Naighbo~hoed Shopping Centes District to C-3 General Commercial District, said ordinance having been presented and read at the Counull moedng of June 15, 1992, presented for final actien. (OFFICIAL PUBLICATION) ORDINANCE NO. 47-92 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, IOW.S, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED 2050 JOHN F. KENNEDY ROAD FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of ordhtances of the City of Dubuque, Iowa be amended by writing Appendix A thereof, also known as thc Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from C-2 Neighborhood Shopping Contea' District to C-3 General Commercial Disuict, m wit: Lot 1 of Lot 2 of Block 6 of Asbury Springs Subdivision No. 4 in the City of Dubuque, Iowa, and to the center line of the adjniaing public right-of- Seedon 2. That the foregulng amendment has hes~tofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. P~ased, approved and adopted this 6th day of July, 1992. Ian~s E. Brady Mayor Attest: Mazy A. Davis City Clerk Published officially in the Telegraph tterald newspaper this lOth day of July, 1992. Mmy A. Davis It 7/10 City Clerk Council Member Klueaner moved final adoption of th~ Ordinance. Seconded by Council Member Nagin. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Kfieg, Nagte, Voetberg. Nays--None. Absent---Council Member Nichoison. Proof of Publication certified to by the Publisher on Notice of Public ttearlng to consider reclassifying property northwest of Cr~cent Court from R-1 to C-3 Disuict, with conditions, presented and weA. There were no w, fitten objections received and no oral objectors present at the time of the He~ng. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Ye~--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagla, Vcotberg. Nays--None. Absent---Council Member Nicholson. An Ordinance amending Zoning Ordinance by reclassifying property northwest of Crescent Court from R-I Single-Family Residential District to C-3 General Commercial District, with conditions, said Ordinance having been presented and nmd at the Council meeting of June 15, 1992, pre~ented fa final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 48-92 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 RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY NORTHWEST OF CRESCENT COURT FROM R-1 273 Regular Session, July 6, 1992 SINGLE-FAMILY RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I, That the Code of Ordinances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, niso known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter dascsibed property from R-I Single-Family Residential District to C-3 General Commercial District, with conditions az stated in tbe attaobed Memorandum of Agwement, to wit: · Lot 4 of Northview Center Grove Place in the City of Dubuque, lows. Section 2. That the performance standards ~ stated in the attached Memorandum of Agreement are as follows: 1) That no dffect access from this lot will be allowed onto Crescent Court or Crascent Ridge; 2) That ser~ning shall be provided along the south and east property line~ to screen the lot from the view of existing residential areas; 3) That lighting on the site will be with full cut-off himlnaiws. Section 3. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of July, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Cede Scedon 414.5 (1989), and az an express condition of rozoning of the property described as: Lot 4 of Northview Center Orove Place, and to the center line of the adjoining public sight-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 48-92, a copy of which ia attached hereto and inc~ooratod herein by reference, the undersigned property owner(s), Kenneth C, Smith, Jr. ~nd Diane Smith, agree(s) to the following conditioas, all of which the property owner further agrees an: reasonable and are imposed to satisfy public needs which are cau:~i directly by the rezoning: A) Performance Standards 1) That no direct access from this lot will be allowed onto C%scent Court or Crescent Ridge. 2) That someding shall be provided along the south and east property lines to screen the lot from the view of existing residential areas. 3) That lighting shall be only with full cut-off himinaires. B) Reclassification of the Subject Property The City of Dubuque, Iowa may initiate zoning reclazsification proceedings to the R-1 Single-Family Residential District if the property owner fails to complete any of the conditions or provisions of this Agreement, including, but not limited to, the stendmds noted in Items I through 3 above. C) Modifications Any modifications of this Agreement must be approved by the City Council of Dubuque, Iowa. D) Recording A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent ~cord of the conditions accepted as part of this rezooing approval within ten (I0) days of the adoption of Ordinance No. 48-92. E) Constraction This Agreement shall be construed and interpreted as though it were part of Appendix A of the Cede of Ordinances of the City of Dubuque, al~o known as the Zoning O~dinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees, Regular Session, July 6, 1992 274 ACCEPTANCE OF ORDINANCE NO.48-92 We, Kenneth C. Smith, Jr. and Diane Smith, having read the tom and conditions of the foregoing Ordinance No. 48-92 and being familiar with thc conditions tbemof, hereby aceopt this same and agree to the conditions required therelm Dated in Dubuque, Iowa this 25th day of June, 1992. By:/s/Kenneth C. Smith, Jr. By:/al Diane Smith Published officially in the Telagraph Herald newspaper this 10th day of July, 1992. Mary A. Davis It 7/10 City Clerk Council Member Voetbe~g moved final adoption of the Ordinm~ce. Seconded by Council Member Krleg. Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Voetberg. Nays--None. Absent--Council Member Nicholson. Proof of Publication cerdlled to by the Publisher on Notice of Public Hearing on consider an Ordinance by adopting Balk Regulations for the Terrace Heights PR District, presented and re. od. There were no written objections received and no omi objectors present at the time of the Hearing. Council Member Voetberg moved that the proof of peblieation be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Ye~--Mayor Brady, Council Members Delch, Khiesner, Krieg, Nagle, Voetherg. Nays--None. Absent--Council Member Nichoison. An Ordinance amending Zoning Ordinance by adopting Bulk Regulations for the Terrace Heights PR Planned Residential Distrct on Peru Road in the City of Dubuque, Iowa, said Ordinance having been presented and read at the Council meeting of June 15, 1992, presented for final action.. (OFFICIAL PUBLICATION) ORDINANCE NO. 49-92 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 TIlE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY ADOPTING BULK REGULATIONS FOR THE TERRACE HEIGHTS PR PLANNED RESIDENTIAL DISTRICT ON PERU ROAD IN THE CITY OF DUBUQUE, IOWA. Whereas, Windsor Asset Management, Inc., has filed an application for approval of an amended conceptual development plan for hereinafter described property in accordance with provisions of the PR Hanncd Residential District regulations as set forth in Section 3-1.6 of the Cede of Ordinauces, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission has held a public heating on said application for an amended conceptual development plan pursuant to required published notice; and Whereas, ti~ Zoning Commission has approved said amended conceptual development plan subject to specific conditions and restrictions having found that said plan conforms with the review standards applicable to such plans as set forth in Section 3-1.6D of the Cede of ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and NOW, THEREFORE, BE IT ORDAINED BY TIlE 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 Ordinance and Zoning Map of the City of Dubuque, Iowa, by adopting and approving the amended conceptual development plan for the following described property, to wit: Lot C of Terrace Height~ Subdivision in the City of Dubuque, Iowa, and extending to the center line of any abutting public sight-of-way. Section 2. That in order to accomplish the puqx~ses of the PR Planned Residential district, and the Zoning ordinance of thc City of Dubuque, Iowa, the use and improvement of the herelnabove described PR Planned Residential Distrct shall be subject to the submitted amended conceptual development plan and to the following conditions and restrictions: 275 Regular Session, July 6, 1992 A. Use Regulations Tho following regulations ~hall apply to all uses made of laed in thc above described PR Planned Residential DistrlcC 1) The principal parmitted use shdl be limited to moMle home pa~k/subdivialon as pernthtsd by Section 3-L6B of the Zoning Ordinance of the City of Dubuque, Iowa. 2) Accessory uses shall be limited to any use customarily incidental and subordinate to thc principal 3) No contingency uses will allowed, ' B. Bulk Re~ The bulk regulations in this particular PR Planued Residential District shall be as follows: Lot Area 5,000 sq. ft. Lot Frontage 50 ft. Lot Coverage as % Lot Area 40% Setbacks: Front 10 ft. Side 6 ft. Rear 10 ft. Building Height 20 ft. Accessory detached garages or carport shall be a minimum of 20 feet from the front property line The following regulations shall apply to all parking are. as in the above described PR Planned Residential District: 1) The off-street parking requirements fcc the principal permitted use shall be two (2) spaces/dwelling unit The sign regulations in tl~ particular PR Planned Residential District shall be the same as that which is allowed in the R-4 Multi-Family Residontiul District as established in Section 4- 3.11 Schedule of Sign Regulations of the Zoning Ordinance of the City of Dubuque, Iowa. Site Deveiop__ment Standards, The site development standards for this PR Planned Residential District shall be as follows: 1) All outside rubbish, storage and garbage collection areas shall be permanently screened from view to a height of at least six (6) feet, as set forth in Section 4- 4.6(3) of the Zoning Ordinance of the City of Dubuque, Iowa. 2) All utility transmission systems shall be placed underground. 3) Adequate illumination shaft be provided to streets, sidewalks, and all areas for vehicular and pedestrian circulation, and shall be directed so aa not to interfere with tho nsc and enjoyment of adjacent properties. Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be established in conformance with the standards of Section 3-1.6D of the Zoning Ordinance of the City of Dubuque, Iowa. Transfer of Owunrshil0 Transfex of ownership ce le~se of property in this PR Planned Residential District shall include in the u'ansfer or lease agreement a provision that the purchaser or lessee acknowledges awa~ncss of thc conditions authorizing the establishment of this district. Thc streets in this~_particular PR Planned Residential District shall be maintained as paved, private streets, in accordance with the City of Dubuque specifications by the property owner and/or association. If not so maintained, the City of Dubuque may do so at the expense of the property owner and/or Section 3. No construction may take place except in substantial conformance with this amunded cunc~ptual development plan. Regular Session, July 6, 1992 276 Passed, approved und adopted this 6th day of July, 1992. James 1L Brady Mayor Attest: Mary A. Davis City Clerk Published offiulally in thc Telegraph Herald newspaper this 10th day of July, 1992. Mary A. Davis It 7/10 City Clerk Council Member Voetberg moved final adoption of the Ordinance, Seconded by Council Member Krieg. Carried by the following vote: Ye, aa-~Mayor Brady, Council Membe~ Deich, Kluesncr, Kfieg, Nagle, Voetberg. Nays--None. Absent~ouncfl Member Nicholson. Proof of Publication certified to by the Publisher on Notice of Public Heating to consider rezoning from R-1 District to PR District and adopt a Conceptual Development Plan for properties in Loras Place, presen~ and read. There were no written objections received. Ron Smith requested approval of Ordinance. Rollie & Hilda Blume, 2208 Roosevelt, objected to proposed fifteen homes. Elaine Rnisch, 2222 Roosevelt, Elaine Owens. 2190 Roosevelt, Larry Panley, Ruth Banmhover, 2204 Ascension, objected to proposal and septic tanks. Vic/de Nanma~, 1965 Prescott, supported project if done correctly. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Nagle. Carried by the following voto~ Yeas~ouneil Members YAuesner, Krieg, Nagle, Voetberg. Nays--Mayor Brady, Council Member Deich. An Ordinance Amending Cede of Ordinances by rezoning from R-1 Single- Family Renidentiul District to PR Planned Residential District and to adopt a Conceptual Development Plan for property located South of Rcosevelt Road and known as Lot 1 of Lot I and Lot 2, both of Lores Place, in the City of Dubuque, Iowa, first reading only given at the meeting of June 15, 1992, prasented for final action. Council Member Kluesner moved 'that this be considered the lust reading of the Ordinance, and that the requirement that a proposed ordiunnce be considered and vo~t on for pa~sage 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. SecondeA by Council Member Kfiag. Vote on thc motion was as follows: Yeas--Council Member Kluesner. Nays--Mayor Brady, Council Members Deich, Kluesner, Kriag, Nagle, Voetberg. Motion fulled. Council Member Kluesner moved that this be the second reading of the Ordinance. Seconded by Coundl Member Nagle. Carried by the following vote: Yeas-Council Members Klunsunr, Kriag. Nagin, Voetberg. Nays-Mayor Brady, Council Member Deich. Proof of Publication certified to by the Publisher on Notice of Public IIeming to consider an ordinance providing for a Text Amendment in thc Zoning Ordinance, presented and read. There were no written objections received and no omi objectors present at the time of the Hearing. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Nagle. Carried by the foliowiag vote: Yeas---Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Voetberg. Nays--None, Absunt~Couneil Member Nicholson. An Ordinance amending Zoning Ordinance by repealing Section 3-3.1 C-1 Neighborhood Coromcrcial District and enacting, in lieu thereof, a new Section 3-3.1 C-1 Neighborhood Commercial District, presented and read. Council Member Voetbe~g moved that this Public Hearing be continued to the meeting of July 20, 1992, Seconded by Council Member Naglc. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Voetberg. Nays--None. Absent~Counull Member Nicholson. Communication of City Manager reqansting to set a public hearing advising of the City's intent to ben'ow an amount not to exceed $4.200,000 under the Municipal Investment Recovery Program, for the purpose to fund the City's outstanding liability under the new Municipal Fire and Police Redrcmunt System of Iowa, presented and ~ead. Council Member Voetberg moved that the communication be rec~ved and filed. Seconded by Council Member Nagin. Carried by the following vote: Yeas---Council Members Deich, Kluesner, Kfiag, Nagle, Voetberg. Nays--Mayor Brady. Absent--Council Member Niclioison. 277 Regular Session, July 6, 1992 RESOLUTION NO. 235-92 FIXING DATE FOR PUBLIC HEARING ON A LOAN AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $4,2O0,000 Wherea~, the City of Dubuque, in the County of Dubuque, Stete of Iowa (the "City"), proposes to enter into a Loan Agreement (the "Loan Agl~ement") in a principal amount not to exceed $4,2O0,000 pursuant to the provisions of Sections 384.24A and 220.175 of the Code of Iowa for the purpose of restoration and replacement on a permanent or temporary bas'is of the City's investment loss as authorized and defined by Chapter 220 of the Code of Iowa, aa am~ndad by Senate File 2064 of the 74th General Assembly of thc State of Iowa, and it is necessary to fix a date of meeting of the Counc/l at which it is proposed to take action to enter into the Loan Agreement and to give notice thereof as required by such law. NOW T} 'IEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. This Council shall meet on the 20th day of July, 1992, at the Carnegie Stout Public Library Auditorium, in the city, at 7:30 o'clock p.m., at which tin~ and place a heating will be held and the proposed proceedings will be in~fitatud and action taken relating to entering into the Loan Ag~e.~rncnt Section 2. The City Clerk is hereby dire~tud to give notice of the p~po~ed acfio on th~ Loan Agrecn~at setting forth the amount and purpose thereof, the time when and place where the said meeting will bu held by publication at least once nad not less and 4 nor more than 20 days before the meeting, in a legal newspaper which has a general circulation in the city. The notice shall be in substantially the following form: NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AGREEMENT AND BORROW MONEY IN A PRINCIPAL AMOUNT NOT TO EXCEED $4,200,000 (GENERAL OBLIGATION) The City Council of the City of Dubuque, Iowa (the "City"), will meet on the 20th day of July, 1992, at the Carnegie Stout Public Library Auditorium, in the city, at 7:30 o'clock p.m., for the purpose of instituting proceedings and taking action to enter into a ~ Agreement (the "Loan Agrecreent") and borrow money in a principal amount not to exceed $4,200,000 for the purpose of or temperary basis of the City's investment loss aa authorized and defined by Chapter 220 of thu Code of Iowa, as an~ndad by Senate File 2064 of the 74th General for the purpose of funding the City's outstanding liability to the Municipal Fire and Police Reti~mnat System of Iowa~ The Loan Agreement will constitute a general obligation of the City and is authority contained in Seclions 384.24A and 220.175 of the Code of Iowa., mui will be repaid from the debt service fund of the City, unless otherwise paid from other funds. by the City shall be applied against the At the aforementioned time and place, oral or written objections may be filed or Agreement. After receiving objections, the within fifteen (15) days thereafter. By order of the City Council of tho City of Dubuque, Iowa. Mary A. Davis City Clerk Section 3. All resolutions or parts of resolutions in conflict herewith be nad thc same axe hereby repea~¢d to the extent of Passed, approved and adopted titis 6th day of Ialy, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk On a motion and vote, the meeting udjourc~d. James E. Brady Mayor Attest: Mary A. Davis City Clerk Regular Session, July 6, 1992 278 Council Merebur Voetberg moved adoption of the Resolution. Seconded by Council Member Naghi. Can'iud by the following vote: Yeas-Council Membexs Deich, Kluesn~r, Kfing, Naghi, Voetb~xg. Nays-Mayor Brady. Absent-~onnall Member Nicbolaon. Communication of Acting City Manager ~ecommending to dispose of a portion of the newly acquired City property along the n~th side of Southern Avenue, between Locust Street and Samuel Street, presented and read. Council Member Vootburg moved that the communication be received and filed. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady, Council Memburs Deich, Kluesner, Krieg, Nngle, Voetherg. Nays--None. Absent---Council Member Nicl~olson. RESOLUTION NO. 236-92 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN LOT 9 OF JOHN BREAKEY'S ADDITION IN THE CITY OF DUBUQUE, IOWA TO DAVID & PATRICIA PINS Whereas, the City of Dubuque is the current owner of Lot 9 of John Breakey's Addition in the City of Dubuque, Iowa; and Whereas, the adjacent property owners, David & Patticia Pins, have petitioned to purchase said property from the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in Lot 9 of John Breakey's Addition to David & Patridia Pins. Section 2. That the conveyance of thc City's interest shall be for the sum of $774.63, plus publication and filing fues. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as d~scribed under Section 364.7 Disposal of Property, Code of Iowa, 1991 or as amended. Passed, approved and udoptud this 6th day of Jaly, 1992. James E. Brady Mayor Attest: May A. Davis City Clerk Council Member Voethe~g moved adoption of the Resolution. Seconded by Council YMmber Nagle~ Carried by the following vote: Yeas--Maya Brady, Council Members D~ich, Klueaner, Kfiag, Nagle, Voetberg. Nays--None. Ab~nt---Counc/l Member Nicholson. Communication of Acting City Manager recommending te lease Marshall Park to the Dubuque Arboretum Associafion for a term of 25 years and to set the matter for a public hearing, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Voetbexg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Voetherg. Nays--None. Absent--Council Member Nicholson. RESOLUTION NO. 23%92 RESOLUTION DECLARING CITY COUNCIL INTENT TO LEASE MARSHALL PARK TO THE DUBUQUE ARBORETUM ASSOCIATION AND AUTHORIZING PUBLIC HEARING Whereas, the City of Dubuque is the owner of a public facility known as Marshall Park; and Whereas, the City of Dubuque d~sires to lease Marshall Park to the Dubuque Arboretum Association; and Whereas, the lease of Marshall Park to tile Dubuque Arboretum Association is determined to be in tho public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatitis theintent of the City Council of the City of Dubuque, Iowa, to lca~, after a public hearing, to the Dubuque Arboretum Association, Marshall Park, located in the City of Dubuque, for thc purpose of operating an arboretum and botanicui garden. 279 Regular Session, July 6, 1992 Section 2. That the lease, attached bewto and made a part hereof, of such property shall be in consideration of the sum of $1.00 per year, for the first twenty-five years, and shall be subject to such tenm and conditions as set forth in the lease. Section 3. That the City Clerk is hereby directed to give notice in the manner re~iuired by law of a public heating to be held on July 20, 1992, at 7:30 p.m., in the City Council Chambers, Carcegie-Stout Public Library, Dubuque, Iowa, at which time and place all interested parties will be given opportunity to be heard for or against the proposal to lease the facility herein described. Passed, approved and adopted this 6th day of July, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kring moved adoption of the Re~olution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members l~ich, Kiuesner, Kfieg, Nagie, Voetbe~g. Nays--None. Absent--Courted Member Nicholson. MINUTES SUBMrITED - Airport Commission of 6-9; Cable TV Regulatory Commission of 6-10; Five Flags Commission of 6-15; Handicapped Parking Review Committee of 6-16; Historic Preservation Commission of 6-10; Housing Code Appeals Board of 6-16; Joint meeting of the Housing Task Force and the Housing Commission of 5-12; IInman Rights Con,mission of 5-11; Library Bo~rd of Trustees of 6-18; Mechanical Board of 6-9; Park & Recreation Commission of 6-9; Transit Truste~ Board of 5-14, t~esented and read. Council Member Voetberg moved that the minutes be received and filed. Secoaded by Council Member Nagie. Can'ied by the following vote: Yeas--Mayor Brady, Coundl Members Deich, Khiesner, Kfieg, Nagle, V~othexg. Nays None. Absent~ouncil Member Nicholson. Communications of Corporation Counsel advising following ciaims have been rnfened to Crawford & Company, the agent for the Iowa Communities Assurance Pool; Property damage claim of Joan E. Armbruster; Car damage claim of Kevin J. Ffipperle; property damage ciaim of Beverly Vans; Personal injury of Nancy Lee Wallace; Reimbursement claim of Albert F. Weber Jr., presented and read. Council Member Vuntberg moved that the communications be wen: received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--May~ Brady, Council Members Deich, Kluesner, Krleg, Nagle, Voetberg. Nays--None. Absent---Council Member Nichulson. NOTICES OF CLAIMS/SUITS -- George & Linda Benn in amount of $79.50 for backed up water expenses; Ch~ries Ber~vanger in unknown amount for vehicle damages; Jo~ Dundee in amount of $335.62 for veiticie damages; Delman C. Heffner in amount of $54.94 for fire damages; Rick Shaffer in the amount of $606.00 for vehicle damages; Patricia L. Sievers in estimated amount of $412.00 for vehicle damages; Mark A. Wold vs. City of Dubuque, et al submitting a petition to District Court for Judicial Review; John E. Zurcher, in Small Claims Court, in the amount of $1,500.00 for re4fl and personal properties damages. presented and read, Council Member Vuntberg moved that the clain~ and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Nagie. Carried by the following vote: Yeas--Mayor Brady, Council Members Dbieh, Kluesner, Krieg, Nagle, Voetherg. Nays--None. Absent--Council Member Nicholson. Communication of Corporation Counsel responding to decision by the U.S. Supmrc~ Court in Forsyth County vs; The Nationalist Movement and being of the opinion no changes in our current ordinances governing parades and assemblies are needed, presented and read. Council Member ¥oetbe~g moved that the communication be received and fried. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krleg, Nagle, Voetberg. Nays--None. Absent..~2ouncil Member Nicholson. Communication of City Manager requesting approval to an agreement with the Greater Dubuque Development Corperation (ODDC) for economic development services in tbe amount of $54,000 for current fiscul year 1992-93 and authoriz~ and direct the Mayor to execute, presented and read. Couneri Member Vuntberg moved that the communication be received and fried and approved. Seconded by Council Member Nagie. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krleg, Naghi, Voetberg. Regular Session, July 6, 1992 280 Nays---Noun. Absent---Coune'ri Member Nicholson. Communication of Acting City Manager recommending appmvul of Agreement with Project Concern/Phone-A-Friend concerning the mini-bus operation for the fiscal year beginning July 1, 1992 and authorize the Mayor to execute, presented and read. Coancri Membex Voetberg moved that the communication be received and fried and approved. Seconded by Councli Member Nagle. Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Naghi, Voetberg. Nays--Noun. Absent--Council Member Nicholson. Communication of City Manager requesting authorization to publish the Environmental Review Findings for the HOME Investment Parmership Program, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Ksieg, Nagle, Voetberg. Nays--None. Absent~ouncil Member Nicholson. RESOLUTION NO. 238-92 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN STATE OF IOWA PROJECT Whereas, the City of Dubuque is applying for a grant with the State of Iowa, providing for financial assistance to the City through the State of Iowa fc~ the City of Dubuque's HOME Investment Parmership Program; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review is bning processed for the hereinafter described project to be financed with federal funds; and Whereas, an ad ho~ En~,ironmentai Review Committee has after due consideration made a determination that the project ia not a major federal action significantly affecting the quality of the human environment NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the City Clerk be and she is hereby authorized and directed to publish a Notice of Finding of No Significant Effect on the Environment for the following identified project and to make the Environmental Review Record for said project available for public inspection. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. IIOME Investment Partnership Program Se~rion 2. That t~ City of Dubuque hereby declares its intent to adopt a resolu- tion at its meeting of July 6, 1992, authorizing the submission of a request to the U.S. Department of Housing mid Community Development to undertake the project. Passed, approved and adopted tiils 6th of July, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagie. Carried by the following vote: Yeaa---Mayc~ Brady, Council Members Deich, Kluesner, 1G-icg, Nagle, Voetberg. Nays--None. Absent~ouneil Member Nicholson. Communication of City Manager requesting authorization to fil~ with the State of Iowa a request for release of State of Iowa funds for the HOME Investment Paflnership Program, presented arid read. Cotmcfl Member Voetberg moved that the communication be received and filed. seconded by Council Member Nagin. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Voetberg. Nays--None. Absent--Council Member Nicholson. RESOLUTION NO. 239-92 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR RELEASE OF CERTAIN STATE OF IOWA FUNDS 281 Regular Session, July 6, 1992 Wbe~,t~, th~ City of Dubuque convened an ad hoc conu~ttce on June 23, 1992, which completed an environmental assessment of the following project to be funded through the State of Iowa: HOME Investmont Partnership Program Wbere~, pursuant to Resolution No. 239, adopted July 6, 1992, public notice of a "Finding of No Significant Effant on the Environment" for the above project will be published July 8, 1992, in the Dubuque Telegraph Herald and will provide for a public comment period until 12:00 noon, Friday, July 24, 1992; and Wbemas, public notice of a "Finding of No Significant Effect on the Environment" for the project will be sent by regular mail to various federal, state and local public agencies and to the local news media, individuals and groups known to be interested and believed to be approprlato to receive such a public notice; ted Whereas, any and all objections, if any, to such proposals will be duly considered; and Whereas, it is the intent of the City Council to ant~fize the submission of a request to the State of Iowa for the release of funds to carry out the above identified project, HOW THERF~ORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the environmental review record for the project shall continue to remain on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the State of lowa seven (7) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal offinial under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the State of Iowa and the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carded out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his oifiulal capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce respenaib'flifies in relation to environmental reviews, decision making, and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby authori~d and tli~ted to execute a certification pertaining tO the environmental review procedures. Section 6. That the City Clerk be and she is hereby anthotized and directed to publish a public notice for a Request fe~ Relca,~ of Funds and Certification attached hereto and made a part hereof. Passed, approved and adopted this 6th day of July, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Coannil Member Veetberg moved adoption of the adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yea~--Mayor Brady, Council Members Deich, Kluesner, Kfing, Nagle, Vcetberg. Nays--None. Absent---Council Member Nicholson. Communication of City Managvr recommending adoption of Supplement No. l0 to the Code of Ordinances, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Coundl Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagl~, Voetbexg. Nays--None. Absent---Council Member Nicholson. RESOLUTION NO. 240-92 ADOPTING SUPPLEMENT NO. 10 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Wberea~, under date of July 17, 1989, the City Council, pursuant to Ordinance No. 34- 89, rcadopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including December 19, 1988; and Regular Session, July 6, 1992 282 Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances an~nding the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Wbeveas, Section 380.8 of the Cede of Ordinances provides that suppiements, by resolution, become part of the Code of Ordinances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section l. That Supplement No. 10 of the Code of Ordinances of the City of Dubuque, Iowa, coveting ordinances adopted by the City Council of the City of Dubuque, from October 22, 1992 dm)ngh March 16, 1992 prepared by the Municipal Code Corporation, Tallahassee, Florida, hereto filed in th~ Office of the City Clerk of the City of Dubuque, lowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, lowa. Passed, appwved and adopted this 6th day of July, 1992. James E. Brady M~or Attest: Mary A. Davis City Clerk Council Member Voetbe~g moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Counoil Members Dcich, Kluesner, Kfieg, Nagle, Voetborg. Nays--None. Absent--Council Member Nicholson. Communication of Paul Sutton requesting curb cuts for the handicapped at Bluff and West Second Streets, presented and read. Council Member Veetberg moved that the communication be xefeneA to the City Staff. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nngle, Voetberg. Nays--None. Absent--Council Member Nicholson. Communication of City Manager submitting Finanulal Reports for the month of May, 1992 and proof of publication certified to by the Publisher on List of Claims paid for the month of May, 1992, presented and mad. Council Member Voetberg moved that the communication and pwof be mc~ived and filed. Seconded by Council Member Nagle. Canied by the following vote: Yeaa~Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Voetberg. Nays--None, Absent---Council Member Nicholson. Communication of Acting City Manager recommending acceptance of the contract for the 1991 Concrete Paving Project, presented and read. Council Member Voctherg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas Mayor Brady, Council Members Deich, Kinesner, Kfing, Nagle, Voetberg. Nays--None. Absent--Council Member Nicholson. RESOLUTION NO. 241-92 ACCEPTING IMPROVEMENT Whereas, the contract for the 1991 P.C. Concrete Paving Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of thc contract, plans and specifications and recommends it acceptance. NOW THFcREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TItE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTllER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Street Const~mcfion Fund and the Iowa Local Option Sales Tax Fund in amount equal to the amount of bls contract, less any retained percentage provided for therein, Passed, approved and adopted this 6th day of Jniy, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetbevg moved adoption of the Resolution. Seconded by Council Member Nngle. Carried by the following vote: Yeas~Mayor Brady. Council Members Dnich, Klansner, Kfieg, 283 Regular Session, July 6, 1992 Nagle, Voetberg. Nays--None. Absent---Council Member Nichalson. RESOLUTION NO. 242-92 FINAL ESTIMATE Whereas, the contract fc~ the 1991 P.C. Concrete Paving Project has be~n completed and the City Engineer has submitted his final estimate showing the cost thereof including tho cost of estimates, notices and inspection and all miscellaneous costs; NOW THF-REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. ~hat the c~st of said improvement is hereby determined to be $1,234,382.31 and the said amount shall be paid from the Street Construction Fund and the Iowa Local Option Sales Tax Fund of the City of Dubuque, lowa. Section 2. That $172,672.59 of the cost thereof shall be assessable upon private property and $1,061,114.42 shall be paid from tho Street Construction Fund and the Iowa Local Option Saies Tax Fund. Passed, approved and adopted this 6th day of July, 1992. Attest: Mary A. Davis City Clerk Council Member Jan~s E. Brady Mayor Voetbe~g moved adoption of the Resolution. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kdeg, Nagle, Voetberg. Nays--None. Absent--Council Member Nicbolson. RESOLUTION NO. 243.92 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR 1991 P.C. CONCRETE PAVING PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY TilE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after fall consideration of the final schedale of assessments and accompanying plat showing the assessments proposed to be med~ for the construction of the 1991 P.C. Concrete Paving Project under contract with tho Flynn Company, Inc. of Dubuque, Iowa, which final plat and schadale were filed in the office of the City Clerk on the 1st day of July, 1992, that said schedule of ~ssessments be and the sari~ is hereby approved and That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies am found to be proper and levied conditionally against the respective properties benefitted by the improvements as shown in tho schedule, subject to the provisions of Section 384.63, Code of Iowa. Said assessments against said lots ate hereby declared to be in proportion to the special benefits confen-ed and not in excess of twenty-five percent of the value of same. Assessments of $50.00 or more are payable in 10 equal annualinstallments, with interest on the unpaid balance, all a~ provided in Section 384.65, City Code of Iowa. Conditional deficiency assessments, if any, may be levied against the applicable property for the same period Of years as the assessments are m~de payablt. Assessments may be paid in fufi or in part without interest at the office of the County Treasmer, at any time within 30 days after the date of the first publication of this notice of the filing of the final plat and schedule of assessments with the County Treasurer. Unless said a~sessments me paid in fall within said thirty day period all unpaid assessments will draw annual interest computed at 9% percent (commencing on the date of acceptance of tho work) computed to the December 1st next following the due dates of the ~espentive installments. Each installment will be delinquent on September 30th following its due date on July 1st in each year. Property owner~ may elect to pay any annual installment semiannually in advance, Regular Session, July 6, 1992 284 That the City Clerk be and is hereby directed to certify said schedale Io the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of fding of the final scbedule. The City Clerk shall also send by certified mail to property owners whose propexty is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of thc notice, all as provided and directed by Section 384.60 of the Code of Iowa. Passed, approved and adopted this 6th day of July, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kinesner, Kdeg, Nagle, Voetberg. Nays--None. Absent--Council Member Nicholson. July 1, 1992 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1991 Cede of Iowa, the Civil Servic~ Commission conducted written examinations on April 7, 1992 with Physical Agility and SRA tests being given on July 1, 1992 for the position of POLICE OFFICER Entxance Level. We hereby certify that the following individuals have successfully passed both the written, physical agility and SRA tests and are hereby qualified to be considered for the position of Police Officer for the City of Dubuque, Iowa. Jcrcmy Jansen John Morton Thomas Daccial Rebecca Stieber Dale Snyder Bradley Mcore Kevin Klein Steven Radloff Linda Boffefi Scott Simpson David Haupart Michael Kringle Daniel Monnet Mark Younio A second list is available for certification when needed. Respectfully submitted: Robert Miller Chairperson Pat Dillon Tom Rawson Civil Service Commission Council Member Voetberg moved above letter be received and filed and made a matter of record. Seconded by Council Membex Nagle. Canied by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Nagle, Voctberg. Nays---None. Absent--Council Member Nicholson. Communication of Iowa Dcparm~nt of Transportation advising of their intent to dispose of IDOT property known as City Lot 568A in thc City (located in Locust SC and First St. vicinity), presented m~d read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nngle. Carried by the following vote:' Yeas Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Voetberg. Nays~None. Absent~ouncil Member Nicholson. Communication of Corporation Counsel submitting clarification regarding "Zoning Reclassification and Text Amendment Procedure-Public Hearing Requirement", presented and mad. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagie. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Voetberg. Nays--None. Absent~ouncil Member Nicholson. There being no further business, Council Member Voetberg moved to adjourn. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nngle, Voetberg. Nays--None. Absent--Council Member Nicholson. Meeting edjoumed at 12:16 a.m. on July 7, 1992. 285 Regular Session, July 6, 1992 Mary A. Davis City Clerk Approved ~ 1993. fie/Clerk Regular Session, July 20, 1992 286 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, July 20, 1992. Council met at 7:30 p.m., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Kluesne~, Krlng, Nagle, Nichoison, Vootberg, Acting City Manager Stephani Johnson, Corp(x~lion Counsel Ban~ A. Lindabl. Mayor Brady read the call and stated this session is the Regular Meeting of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Jeanne Wickham, OSF, Chaplain of Mescy Medical Center. Tha'e was a presentation from Zhou Die- Hul, Representative from the Hah-Dan City Government who was introduced by Dick Landis. Vesbal request of Counc'fl Member Voetberg to edda'ess the City Council about funding of trip to China regarding Sister State r~lailonsblp, presented. Council Membc~ Vcetberg requested funding in the maximum amount of $4000 so as to represent the City of Dubuque to the City of Hah-Dan, China. Coundl Member Nicholson moved concuncnce with the request Seconded by Council Member Kfing. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Faleg, Nagle, Nicholson, Voetberg. Nays--None~ Communication of Acting City Manager submit~ng a Resolution and an Ordinance regarding the City of Dubuque Investment Policy and establishing an Investment Oversight Commission, with this matter being tabled from the Council meeting of July 6, 1992 presented for further action. Council Member Voetherg moved that this maa~r be removed from the table. Seconded by Council Member Nichulson. Carried by the following vote: Yeas--Mayor Bredy, Council Members Dulch, Kluesner, Kdng, Nngle, Nicholso~, Voetberg. Nays--None. Councli Member Kriag moved to amend the mattar to do a formal review every six months es part of duties of the Investrc~nt Oversight Commission. Seconded by Council Member Nnghi. Carlied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Krlng, Nnghi. Nays--Council Members Kluesner, Nicholson, Voetberg. RESOLUTION NO. 244-92 RESOLUTION ADOPTING THE CITY OF DUBUQUE INVESTMENT POLICY Whereas, the Ad Hcc Committee on Investments ("Conunitiee") was formed by the City Council in Fely~uary 1992 for the purpose of assembling questions from the community on the Iowa Trust issue and requcsilng responses from City staff; and reviewing the City's Investment Policy and procedures and reporting any recommendations to the City Council; and Whereas, the Committee report was submitted to the City Council on Monday, May 18, 1992, including recommended changes to a draft Investment Policy; and Wbereas, the City Council met in a wofi~seasion on Juno 29th with the Committee and reviewed and agreed upon a revised Investment Policy which has now been incorporated into £mul form in the City of Dubuque Investment Policy attached hereto and incorporated herein by reference. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Investment Policy, attached hereto, is hereby adopted and all previous resolutions inconsistent therewith arc hereby rescieded. Section 2. City staff and the Investment Oversight Commiasion are directed to act in accordance with the policies set forth in the City of Dubuque Investment Policy and to bring fesward proposed changes to the Investment Policy as decreed necessary. 287 Regular Session, July 20, 1992 passed, approved and adopted this 2Otb day of Jdiy, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of tho Resolution, as amended, to submit to Murdeipai Finance Assn. for eertlfication and if not approved, will reconsider. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dclch, Kluasner, Kriag, Nagin, Nicholson, Voetberg. Nays--Noun. An Ordinance Establishing an Investmant Oversight Commission, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 50-92 AN ORDINANCE ESTABLISHING AN INVESTMENT OVERSIGHT COMMISSION Whereas, the Ad Hoc Committee on Investments ("Committee") was formed by the City Council in February 1992 for the purpose of assembling questions from the community on the Iowa Trust issue and requesting responses from City staff; and reviewing the City's Investment Policy and procedures and reporting any recommendations to the City Council; and Whereas, the Committee report was submitted to the City Council on Monday, May 18, 1992, which report included a recommendation that an Investment Oversight Commission of not less than three members be established for the following pmposes: 1. To review the actions and decisions of the City's Investment Committee and all money managers for compliance with the City's Investment Policy and to report any noncompliance to the City Council; 2. To recorranend, as needed, changes in the City's Investment Policy to the City Council; 3. To review the investment performance of the City's Investment Committeo and money managers and to report to the City Council concerning samo at least quarterly; and Whereas, the Committee further recommended that each member of the Commission should be a person knowledgeable about investments finance and that no member should be affiliated with a firm or corporation which does now or may in the futura provide investment or financial advice or services to the City; and Whereas, the City Council met in a worksession on June 29th to review the recommendations of the Ad Hoc Investment Conmtittee; and Whereas, the City Council directed staff to prepare an ordinance creating an Investment Oversight Commission as recommended by the Committee. NOW THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TllE CITY OF DUBUQUE, IOWA: Section 1. Commission created. Tim Investment Oversight Commission is hereby created. Section 2. Composition. (a) Tile Investment Oversight Commission memhers shall be appointed by the City Council. The Commission shall be made up of ilaee members of the community with knowledgo about investments and finance but with no afftilafion with a firm or corporation which does now or may in the future provide investment or financial advice or services to the City; and (b) Tho original appointment of the members of the Commission shall be as follows: one (l) for one (l) year, one (l) for two (2) years, and one (1) for three (3) years, from July I of the year of such appointment or until a successor is named to serve out the unexpired portion of a term of appointment or until a successor is appointed to se~e for a term of throe (3) years. Members appointed thexeafter shall serve three-year terms. Section 3. Powers and duties. Tho Investment Oversight Commission shall: 1. Review the actions and decisions of tho City's Investment Committee and all money managers for compliance with the City's Investment Policy and report any noncomplianc~ to the City Council; 2. Recommend, as needed, changes in the City's Investment Policy to the City Council; and Regular Session, July 20, 1992 288 3. Review the investment performance of the City's Investment Committee and money managers and to report to the City Council concerning same at lea~t quarterly. Section 4. Reports provided. The City Manager shall provide tho Investn-ent Oversight Commission monthly, quarterly and annual reports of the City Treaamer, financial advisc~s and auditor. Section 5. Rules. The Commission may adopt, an~nd, or rescind such rules as may be necessary for the conduct of its business. Section 6. Meetings. (a) The Commission shall meet as it determines appropriate. (b) All meetings of the Commission sheB be held in conformance with the Iowa Open Meetings Law, Iowa Cede Chapter 21. (e) A quorum of the Commission shall he two (2) members. A majority of the members present and voting shall be necessary for tile passage of any motion. The chairperson shall vote as a member of the Commission. Section 7. Records to be public. All records of tile Commission shall he subject to the Iowa Public Records Act, Iowa Cede Chapter 22. Section 8. Administrative and other policies of City applicable to Commission operations. All administrative, personnel, accounting, budgetary and procurement policies of the city shall govern the Commission in all its operations. Passed, approved ted adopted this 20th day of July, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of July, 1992. Mary A. Davis It 7/27 City Clerk Council Memher Voetberg moved that this be considered the first reading of the Ordinance, and that the reqniremunt that a proposed Ordinance be considered and voted on for pe~sage at two coundl me~tings prior to tho meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Councll Memher Nichulson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nichohon, Voetherg. Nays--None. A Resolution Determining an area of die City to be a blighted area, and that the Rehabilitation, Cons~rvadon, Redevelopment, Development, or a combination thereof, of such area is necessary in the interest of ~he Public IIealth, Safety ~ Welfare of die residents of the City; Designating such area as appropriate for an urban Renewal Project; and adopting the amended and restated Ice Harbor Urban Renewal District Urban Renewal Plan for the Urban Renewal area described therein~ said Resolution deferred · from Council meeting of April 6, 1992), presented for further action. Council Member Voetherg moved that the Resolution be deferred three months to the meeting of October 19, 1992. Seconded by Council Member Nagle. Ca~ied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa by adding the North side of Fifdi Street between Central Avenue and Iowa Street to Meter District C in Section 32-336 thereof, said first reading only given at the meeting of July 6, 1992, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. $1.92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING THE NORTH SIDE OF FII~H STREET BETWEEN CENTRAL AVENUE AND IOWA STREET TO METER DISTRICT C lN SECTION 32-336 THEREOF NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by deleting sections of Fifth Street from Paxking Meter District C in Section 32-336 tbemof aa follows: "See. 32-336. Districts. Parking Meter District C 289 Regular Session, July 20, 1992 Fifth Sta~et, north side, from Bluff Stieet to a point one hundred niunty-slx (196) feet west of Bluff Sleet Fifth Staeet, south side, between Central Avenue and Iowa Street Fifth Street, beth sides, between Central Avenue and White Street Fifth Street, beth sides, between Iowa and Section 2. That tho Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Fifth Street to Parking Meter District C in Section 32-336 thereof as follows: "Sect. 32-336. Districts. Parking Meter Disrdct C Fifth Street, south side, from Winte Street to Locust Street Fifth Street, north side, from White Street to Locust Street and from Bluff Street to a point one hundred ninety-six (196) feet west of Bluff Street. Passed, approved and adopted this 20th day of July, 1992. Sarc~s E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of July, 1992. Mary A. Davis It 7/27 City Clerk Council Member Kinasner moved that fltis be considered the second reading of the Ordinance, and that the reqcircment that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Canied by the following vote: Yeas--Mayor Brady, Council Members Klnesner, Krlng, Nagle, Nicholson, Voetburg. Nays--Council Member Deich. Communication of City Manager submitting three (3) ordinances establishing a Housing Trust Fund and creating a Housing Trust Fund Commission (ordinaune "A") OR a Housing Conmtission Trust Fund Sub-Committee (Ordinance "B") OR Appeinting Housing Commission to act as a committee of the whole (Ordinance "C") and requesting adoption of one of them. Also submitting an Ordinance increasing the membership on the Housing Commission if Ordinance "B"or "C" is approved, said maRer defur~ed from Council meeting of June 15, 1992, presented and read. Council Member Krleg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Kaicg, Nicholson, Voetherg. Nays--Council Member Nagl¢. An Ordinance adding a new Article III to Chapter 26 of the City Cede of Ordlnunces providing for the establishment of a Housing Trust Fund for the collection and disbursement of funds to meet the housing needs of the City's low and moderate income residents and creating a Housing Commission Trust Fund Committee, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. $2-92 Whereas, the Affordable Housing Task Force (Task Force) was formed by the Housing Commission in September 1990 to examine the housing needs and impacts of housing lost due to planned highway developments in the city of Dubuque; and W / bereas, the Task Force Report submiRed to the tlonsing Commission on December 27, 1991, inehded the development of a housing replacement policy and an assistance plan for displaced persons; and Wltereas the Task Force also found a substantial need for increased availability of affordable housing, beth for renters and first- time home buyers; and Whereas, in response to the Task Force Report, the IIousing Commission and Task Force recommended that a Housing Trust Fund be established to provide housing opportunities for low and moderate income residents of the city of Dubuque; and Whereas, the tIonsing Trust Fund wiL! provide monies through grants and loans to fund projects intended to improve the quality of life for all citizens of Dubuque by increasing the supply of decent, safe, affordable housing through new cons~unfion or renovation and rehabilitation of existing substandard housing; and Regular Session, Wbereas the Housing Trust Fund will provide monies for assistance to tenants and renters who ass displaced as a result of economic development activities; and Whereas, the Housing Commission has identified several sources of funding for low or moderate income housing that will be inunediately available or upon action by either the Iowa General Assembly or the City Council; and Whereas, the Housing Trust Fund will benefit the low and moderate income households in the housing market, provide housing to persons not currently being served in the housing market, and provide long-term benefits to the entire community, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 26 of the City of Dubuque Code of Ordinances is hereby amended by adding the following new Article llh ARTICLE III. Housing Trust Fund "Sec, 26-20. Trust Fund established. Subject to the conditions hereinafter set forth, a fund to be known as the City of Dubuque Housing Treat Fund (Trust Fund) is hereby established for the collection and disbursement of funds to meet the housing needs of the City's low and moderate incon~ residents. Sec. 26-21. Purpose. The purpose of the Trust Fund shall be to collect and disburse revenue to meet the housing needs of low and moderate income households ~ defined in the City of Dubuque Comprehensive Housing Affordabiilty Strategy (CHAS). This shallin no way construe that these funds will be used to finance housing permanengy owned by the City. The Trust Fund, as a permanent and revolving source of revenue, will provide for Icons and grants to finance projects including, but not limited to, the acquisition, rehabilitation and/or new construction of rental and owner-occupied housing, aa well as to provide money for relocation assistance to income-qualified displaced tenants. Sec. 26-22. Financial management. The financial management of the Trust Fund shall be the responsibility of the July 20, 1992 290 Finance Division of the Administrative Services Department of the City of Dubuque, whose responsibilities shall include, but not be limited to, the following: (a) holding trust revenue for those purples defined by the Housing Commission and approved by the City Council; Co) disbursing funds for the Housing Conurdssion as appropriated in the annual operating budget approved by the City Council; and (c) performing any other function needed to iusu~ the sound financial management of and accountability for Trust Fund revenues and expenditures. Sec. 26-23. Trust Fund administration. The Trust Fund shall be administered by the City Manager or his/her designee. The City Mannger shall be responsible for, but not limited to, the following: (a) mark6ting the program of the Trust Fund; CO) soliciting applications; (e) packaging applications for Housing Commission review; (d) coordinating legal or financial assistance to the Housing Commission; (e) insuring public participation; (f) pursuing new revenue sources; (g) overseeing and accounting for funded projects; (h) coordinating with the City departments and agencies; (i) collecting and servicing loans made by the Trust Fund; O) preparing periodic repem for the Housing Commission and City Council; and (k) general day-to-day operation of the Fund. See. 26-24. Funding. The Housing Commission shall be responsible for recommending sources of funding and r~vonues for the Trust Fund to the City Manager and/or City Council. As funds and ~evenuns become available, the activities of the Trust Fund will be carried out as specified in this Article. Notwithstanding the foregoing, however, nothing heroin shall require or impose any obligation upon the City Council to provide any funds for any of the purposes of this Article. Sec. 26-25. Housing Commission Trust Fund Conmfittce. (a) A Housing Trust Fund Committee of the Housing Commission shall be established to recommend policy direction and oversight to the administration and operation of the Housing Trust Fund by: (1) soliciting funding; (2) developing bylaws to govern the Commlite~'s operational and (3) developing policies and guidelines for aeqnisifion and distribution of funds. Such solicitations, bylaws, policies and guidelines shall be 291 Regular Session, July 20, 1992 appmvnd by the Ilouslng Conudission and submitted to the City Council for its approvni. (b) The Housing Trust Fund Committee shnil coordinate an effective mechanism for public participation in the operation of the Trust Fund, recommend projects to the Housing Comrnisalon for funding approval and engage in activities providing for the efficient u~e of the Treat Fund. (c) The Housing Trust Fund Committee shall have five members appointed by the City Council to serve for three year terms. Thiee of the Committee members shall be members of the Housing Commission and two shall be members of the public. One of the initially appointed Committee members shall sc~rve a term of'one year and two of the initially appointed Committee members shall serve terms of two years. The chair of the Trust Fund Committee shall be appointed by the Housing Commission. The two members of the public shall be seleetnd apenifienily on the basis of experience in real estate development, banking, finance, accounting, funds management or other related areas of nxperti~e. (d) The Housing Trust Fund Committee shall hold at least six meetings per year. The Housing Commission may adopt rules and regulations it deems necessaxy to govern the Committee's organizational proe~lu, ms and which do not conflict with this Ordlnanc~ or other resolutions and/or decisions of the City Coundl. (e) All administrative, personnel, accounting, budgetary and procurement polinies and practices of the City shall govern the Housing Trust Fund Committe~ in all its operations and acfivitlns." Passed, approved and adopted this 20th day of luly, 1992. Iarnus E. Brady Mayor Attest: Mary A. Davis City Clerk Published offiulally in the Telegraph Herald newspaper this 27th day of July, 19~2. Mary A. Davis It 7/27 City Clerk Council Member Kriag 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 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 Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nicholson, Voetberg. Nays--Council Member Nagle. An Ordinance amending the Code of Ordinances, City of Dubuque, Section 15, Division 2 by amending Section 15-22, by adding a new paragraph (d) relating to the responsibilities of the Housing Commission; by amending Section 15-23, by repealing paragraph (a) relating to the number of Housing Commission members and adopting in lieu thereof a new paragraph (a) relating to the number of Housing Commissioners; repealing paragraph (b) relating to initial appointments of commissioners; adopting a new paragraph (b) relating to appointments due to vacancies; repealing paragraph (c) relating to appointments due to vacancies; and by adding a new paragraph (c) relating to the qualifications of Housing Commissioners. presented and mad. (OFFICIAL PUBLICATION) ORDINANCE NO. 53-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQI~E, IOWA, SECTION 15, DIVISION 2~ BY AMENDING SECTION 15-22, BY ADDING A NEW PARAGRAPH (d) RELATING TO THE RESPONSIBILITIES OF THE HOUSING COMMISSION; BY AMENDING SECTION 15-23, BY REPEALING PARAGRAPH (a) RELATING TO THE NUMBER OF HOUSING . COMMISSION MEMBERS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH (a) RELATING TO THE NUMBER OF HOUSING COMMISSIONERS; REPEALING PARAGRAPH (b) RELATING TO INITIAL APPOINTMENTS OF COMMISSIONERS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH (b) RELATING TO APPOINTMENTS DUE TO VACANCIES; REPEALING PARAGRAPH (c) RELATING TO APPOINTMENTS DUE TO VACANCIES AND Regular Session, July 20, 1992 292 ADOPTING IN LIEU THEREOF A NEW PARAGRAPH (c) RELATING TO THE QUALIFICATIONS OF HOUSING COMMISSIONERS Whereas, a Housing Trust Fund has been established by the City Council to provide housing assistance and housing opportunities for low and moderate income residents of the city of Dubuque; and Whereas, the Housing Commission of tho City of Dubuque has been designated by tho City Courted to recommend policy direction and oversight to thc admirdsOcation and op~ation of the ttousing Trust Fund. NOW THERBI~ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The following new paragraph (d) of Section 15-22 is hereby adopted: "Sec. 15-22. Purpose; approval of proposals. (d) The Housing Commission shah undertake such additional duties, with regard to the Housing Trust Fund, 0s me specified in Article III, Section 26 of the Code of Ordinances." Section 2. Section 15-23 of the Code of Ordinances, City of Dubuque, Iowa, is hereby repealed and the following new Section 15-23 is adopted in lleu thereof: "Sec. 15-23. Membership; vacancies; qualifications. (a) The Housing Commission shall be comprised of a membership of nine (9) persons who shall be appointed by the City Council for terms of three (3) years. (b) Vacancy caused by death, resignation or otherwise on the Commission shall be pmmpily filled by the City Council for the unexpired term of office. (c) At leasCthree O) n~mbers of the Commission shall be selected specifically on the bi.is of experience in real estate development, banking, finance, accounting, funds management or other related areas of expertise." Section 3, Nothing bemth shall affect the terms of any person serving on the Housing Commission as of the effective deta of this Ordinance, and such person shall continue to serve according to the terms of such person's appointment. Passed, appmvnd and adopted this 20th day of July, 1992. Jarees E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of July, 1992. Mary A. Davis It 7/27 City Clerk Council Member Voetberg moved that this be considered the first leading 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 meeting at which it is to be tinnily adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Mem~r Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Khiesner, Kriag, Nicholson, Voatberg. Nays---Counull Member Nagle. Communication of City Manager requesting appmvul of an ordinance providing relocation benefits to tenauts displaced by economic development activities, deferred from meeting of June 15, 1992, presanted and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholaon. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. An Ordinance amending Chapter 26 of the City Code of Ordinances by adopting a new Article II, establishing the Residential Relocation Assistance Program to assist tenants who are displaced as a result of Economic Development of Rental Housing, presented and tend. (OFFICIAL PUBLICATION) ORDINANCE NO. $4-92 AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE II, ESTABLISHING THE RESIDEN- TIAL RELOCATION ASSISTANCE PROGRAM TO ASSIST TENANTS WHO ARE DISPLACED AS A 293 Regular Session, July 20, 1992 Regular Session, July 20, 1992 294 RESULT OF ECONOMIC DEVELOPMENT OF RENTAL HOUSING NOW THEREFORE, BIB IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 26 of the City of Dubuque Code of Ordinances is anmnded by adopting the following now Article Ih Article II Residential Relocation Assistance Program Section 26-12. Relocation Assistance Program Established. The Residential. Relocation Assistance Program is beteby established for tho provision of benellts to the City's low and moderate incon~ tenants. Section 26-13. Propose. The purpose of the Program shall be to a~slst an income qualifying tenant, who is displaced as a result of economic dcvelopmant activities, with rental assistance and moving cost payments. Section 26-14. Definitions. For the purposes of this Article, the following words have the following meanings. a. ~. Any room or group of rooms mad or intended for use for human habitation. b. Rental Dwelling U~t. A dwelling unit that requfres a payment to be made to the owner for the possession and use thereof. c. Economic Development Any activity, undertaken by a private or public entity, for the propose of furthering business, commerce or transportation, that results in the loss of an existing dwelling unit. Such activity includes baa ia not limited to condemnation, demolition, conversion and reeonsWaction of existing housing. d. Public Assistance. Any assistance received by a private or public entity, and provided by a federal, state or local agency, that is utilized for the purpose of economic development Such assistance includes but is not limited to a loan, grant, loan guarantee, tax abatement, or crealion of urban renewal or tax increment distrct, or other typo of credit enhancement or subsidy in connection with the provision of related infrastructure and public improvements. e. ~. Costs for the provision of basic utility services to a dwelling unit, including water, sewer, natural or hotfled gas for cooking mad heating, electricity, t~ash pickup and heating (~1. For purposes of this Article such costa do not include telephone and cable television services. L Owner. The person or entity legally in possession of the unit, alther by fee title or land contract. g. Tenant. The person or entity legally in occupancy of thc unit who makes payments to the owner for its possession and h. Annual Household Income. Annual household income is the anticipated total income from all sources received by nil members of a household, including all net income derived from assets, for the twelve month period following the effective date of initial determination of income, exclusive of income that ia temporary, nomecmrlng or sporadic and exclusive of the following other types of lucerne, as follows: (1) An~unts that are specifically for or in reimbursement of the cost of medical expenses; (2) Lump sum additions to household assets, such as inberiSances, insurance payments, capital gains and settlements for personal or property losses; (3) Amounts of educational scholarships and amounts paid by the government to a veteran for educational scholarships; (4) Hazardous duty pay to a household member in the Armed Services; (5) Inceme from employmant of children under 18 years of age; (6) Payments received for the care of foster abildren; and (7) Amounts spodfically exdiuded by any Federal statute from consideration aa income for purposes of determining eligibility for benefits under a category of assistance programs. i. C~le Housing., Homing that is: (1) Decent, safe and sanitary; (2) Functionally equivalent to the tenant's present housing; (3) Available to rent; (4) Affordable; (5) Reasonably wall located with respect to the tenant's place of employment, public and commercial facilities, schools and shopping; (6) Not subject to adverse envimnmcet conditions; and (7) Available to all porsons regardless of race, religion, sex, family composition and national origin. Seedon 26.15. Applicability of Progratra The Program shall be applicable to any rental housing in the City, providing all of the following conditions occur: a. Comparable housing at comparable cost is not available in the City, as determined by the Housing Service Division, based upon data collected by the Division, including but not limited to, housing waiting lists, rental vacancy rates and related data; b. Relocation assistance has not previously been provided for a tenant of the dwelling unit; c. The household income for the dwelling unit is below 200 percent of the Federal Poverty Guidelines, as published annually in the Federal R~ d. The property upon which the dwelling unit is situated ia being rezoned from residential to commercial use or has been ~ezoned from residential to commemial use slnee the date of the adoption of this Aniele; or public assistance is being used to develop a eommerdial property, and such rezoning or use of public assistance zmults in the loss of ~ntal dwelling units and the displacement of tenants; and e. Appropriated funds are available in the ctuxent budget for relocation assistance payments. Section 26-16. Eligibility for Assistance. A tenant who applies in writing to the Division for relocation rent assistance and relocation moving costs shall be eligible therefore if the tenant establishes and the Division finds each of the following eondltions: a. The tenant has been given notice by the owner of the dwelling unit of eviction or non-renewal of the tenant's lease; b. The tenant has lived in the dwelling unit for not less than sixty (60) consecutive days prior to such nmiee by the owner, c. The reason for the eviction or non- renewal is the economic development of the property on which the dwelling unit is situated; and d. The tenant has made a good faith effort, aa shown by thc listing and records of such search provided by the tenant to the Division, to locate comparable housing, as determined by the Housing Services Division. Section 26-17. Written Notice Required. The owner of any property on which the dwelling unit is situated must deliver not less than ninety (90) days written notice to a tenant of eviction or non-renewal of a lease if such eviction or non-renewal is the result of economic development of the property. The notice shall include a copy of this Article, as well as the telephone number for the Dubuque Housing Services Division. Section 26-18. Relocation Assistance. a. Rental Assistance. If the D~vision determines that comparable housing at comparable cost is not available, and the tenant has established the conditions required by Section 26-16, the tenant shall be eligible for rental assistance which shall be based upon household income. The rental assistance shall be the actual additional monthly rent and actual additional monthly utility costs that result from the relocation of the tenant as determined by the Division. The payment of rental assistance shall be monthly, but may be a luml~sum payment if the Division determines that a lump-sum payment will be mote effective if used by the tenant for the purchase of a residence for the tenant's relocated household. The rental assistance payment shall be limited to sixty (60) months or the following maximum amount, whichever occurs fa'st: 150 percent of Federal Poverty Guidelines = $6,000 175 percent of Federal Poverty Guidelines -- $5.000 200 pereant of Federal Poverty Guidelines = $4,000 295 Regular Session, July 20, 1992 b. Moving Costs. In ad&don to rental assistance, a tenant may also be compensated for actual moving and packing costs incurred, not to exceed $300. The tenant may also be reimbursed for the actual cost of re-establlsinng basic telephone, cable, utility services and appliance hook-ups, as well as credit checks and necessary deposits, if such costs a~ approved by the Division. Section 26-19. Appeals. Thc City of Dubuque Housing Commission shall sit as thc Residential Relocation Assistance Appeals Board to hear appeals under this Article. Section 26-20. Pweedute for Heaxing Appeal. a. Notice of Appeal. Any person aggrieved or adversely affected by a decision of the Housing Se~Mces Division under this Article may apply to the Appeals Board for rcvinw of such deciaion by filing a written notice of appeal with the Housing Officer within twenty (20) days of the date of the decision. The m~fice of appeal shall inciude the following: (1) Name and address of person appealing. (2) A brief statement in ordinary and concise language of thc decision protested, together with any material facts claimed to support the contentions of the person appealing. (3) A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the pmtestud decision should be reversed or modified. (4) The signatures of all parties named aa persons appealing, and their official mailing addresses. b. Notice of Hearing. Upon receipt of any notice of appeal filed pursuant to this section, thc Housing Officer shall forwant the notice of appeal to the chalxperson of the Appeals Board. As soon as practicable afar receiving the notice of appeal, the chai~oerson of the Appeals Board shall fix a date, time and place for heating the appeal. Such date shall not be less than thirty (30) days nor more than sixty (60) days fi.om the date the notice of appeal was received by the Housing Officer unless the person appealing agrees to a more rapid adjudication of the appeal. Written notice of the time and place of the hearing shall be given by the Housing Officer at least ten (10) days prior to the date of the hearing to each person appealing either by causing a copy of such notice to be personally delivered to thc person appealing or by mailing a copy thereof to the address of thc person appealing shown on the appeal. c. Waiver. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of such person's right to a heating. d. Hearing Appeals. The conduct of hearing appeals fried with the Appeals Board shall be governed by Sections 1~20 through 1-25 of the City of Dubuque Code of Ordinances. e. Appeals Board Relief. The Appeals B~ard may reverse, modify or sustain the decision appealed fi.om. Section 26-21. Violation by Owner. The failure of an owner to comply with the reqdircm~nts of tiffs Article shall constitute a civil infraction. Section 26-22. Funding. Relocation assistance coats shall only be paid from the City of Dubuque Housing Trast Fund. Nothing herein shall require or impose any obligation upon the City Council to provide any funds fo? any of the purposes of this Article. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 20th day of July, 1992. James E, Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of July, 1992. Mary A. Davis It 7/27 City Clerk Council Member Voetbe~g moved that this be considered the first reading of thc Ordinance, and that thc requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior · to the meeting at which it is to bo finally adopted be suspended and further moved final adoption of tho Ordinance. Seconded by Council Member Nleholson. Carried by the following vote: Yeas~Mayor Brady, Regular Session, July 20, 1992 296 Council Members Deich, Khiesner, Kilns, Nngle, Nicholson, Voetberg, Nays--None. Council recessed at 9:26 p.m.; Council reconvenud at 9:44 p.n~ Petition of George Chevalier requesting to address the Coundl regarding thc City and its policies, presented and reed. Mr. Chevalier, 1533 1/2 Central, Apt. 3, spoke about the dangerous intersection at 10th and Central. Communication of Acting City Manager requesting acceptance of conveyance of ~ estate located at 659 West 8th Stseet, presented and ~ead. Counail Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas~Mayer Brady, Council Members Deich, Kluesner, Krieg, Nagle, Voetberg. Nay~-~Council Member Nicholson. RESOLUTION NO. 245-92 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY LOCATED AT 659 WEST EIGHTH STREET, DUBUQUE, IOWA, TO THE CITY OF DUBUQUE. Whereas, the City of Dubuque has agreed to purchase thc following legally-described real property: The South One-Hundred-Five feet (S105') of Lot Two (2) and the South Eighty-Four feet, three inches (S84'3") of Lot Three (3), both of the subdivision of Lots Eighteen, Nineteen and Twenty (18, 19 and 20), Kelly's Subdivision in the City of Dubuque in the County of Dubuque, Iowa, according the ~ecorded plats thereof; from the County of Dubuque, Iowa; and Whereas, the County of Dubuque, Iowa, has prepared a Quit Claim Deed naming the City of Dubuque, Iowa, as holder of all righte, tide and interests in said property. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY CODNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim Deed from the County of Dubuque, Iowa, as required by Iowa Code Section 569.7. Section 2. The City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of this Resolution. Section 3. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 20th day of July, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nleholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Nagle, Voetberg. Nay~-Council Member Nicholson. Petition of Tilly Woodward requesting consideration from Council either in terms of financial support, or helping with the process of publicizing the "Portraits of Dubuque" project, presented and read. Council Member Krieg moved that the petition be referred to flae City Staff. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deleh, Kluesner, Krieg, Nngle, Nichoison, Voetberg. Nays--None. Communication of Acting City Manager submitting an Ordinance providing for a revision to the existing handicap parking ordinance, presented and read. Council Member Kluesner moved that the communication be received and filed. Seeondad by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluasner, Kfieg, Nagle, Nicholson, Voetherg. Nays--None. An Ordinance amending Chapter 32 of the City Code of Ordinances by enacting a new Section 32-370 increasing the fine for illegal use of handicapped parking spaces or devices and creating a new Section 32-374 anthofizing the use of Temporary Handicapped Parking Meter Hoods, presented and read. 297 Regular Session, July 20, 1992 (OffICIAL PUBLICATION) ORDINANCE NO. $5.-92 AN ORDINANCE AMENDING CHAPTER 32 OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 32-370, ESTABLISHING A FINE FOR THE ILLEGAL USE OF HANDICAPPED PARKING PLACES OR DEVICES, AND ENACTING A NEW SECTION 32- 370 IN LIEU THEREOF, INCREASING THE FINE FOR ILLEGAL USE OF HANDICAPPED PARKING SPACES OR DEVICES AND CREATING A NEW SECTION 32- 374 AUTHORIZING THE USE OF TEMPORARY' HANDICAPPED PARKING METER HOODS. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Scedon 1. Section 32-370 of the Code of Ordinances is hereby repealed and the following new Section 32-370 is adopted in lieu thereof. Seclion 32-370. Prohibited useofparklng places or identification devices declared a violation. "Tim use of a handicapped parking space, located on either public or private property, by a motor vehicle not displaying a special identification device issued by the lows DaparUncnt of Transportation, or by a motor vehicle operator or passenger, is a ntisdemeanor. A fine may be imposed upon the owner, operator, or lessee of the motor vehicle. The fine for each violation shall be fifty dollars ($50.00)." Section 2. The following new Section 32- 374 is hereby edopted: Secdon 32-374. Temporary ttandicapped Parking Meter ltoods. "(a) Temporary handicapped meter hoods may be leased to churches and nonprofit organizations for special services or events in the metered business district only, when additional temporary parking stalls are required to accommodate handicapped parking patrons. The hoods shall be used by churches only for special church services and church-sponsored even~. (b) Parking n~tar hoods shall be white in color and be embossed with the in.temational symbol of $ccossibility signifying utilization by a handicapped parking patron only. (c) The City Manager shall establish fees for utilization of thc hoods commensurate with the charge established for meter placards. A deposit fee of fifteen dollars ($15.00) per hood to cover the cost of the hood and lock shaft be paid prior to the l~ng of the hood." Passed, approved und adopted this 20th day of July, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 27th day of July, 1992. Mary A. Davis It 7/27 City Clerk Council Member Kinesner moved that this be considered thc first rending 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 to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Canled by the following vote: Yeas--Mayor Brady, Council Members Dulch, Kluesner, Krieg, Nagie, Nichoison, Voetberg. Nays--None. Verbal request of Council Member Nagle requesting to discuss concerns regarding the intersection located at 3rd and Main Streets and requesting to give direction to Staff, presented. Council Member Niebolson moved that direction be given to put in Stop Light with demand on Main St. with button for pedestrian crossing and in the interim make a four-way stop. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Brady, Council Members Daleh, Kluesner, Nagle, Nicholson. Nays---Council Members Krleg, Voetberg. Council Members reported on Selection process for a City Manager, upon concurrence it was decided to advertise in some form. BUSINESS LICENSES -- Dubuque JayCees requcsllng temporary transfer of Class "B" Beer Permit to Iowa Street Parking Ramp on July 24th, (in case of rain), presented and reed. Council Member Regular Session, July 20, 1992 298 Kluesner moved that thc transfer be approved. Seconded by Council Member Deich. Carded by the following vote: Yeas Mayor Brady, CoundI Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO.246-92 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 the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Admiral High Hat-West, Inc. Don Meyer 253 Main Street The Lounge Phiillp R. Love 481 Locust Sl~eet Paul's Tap Thomas Koch 176 Locust Svteet Sheehan Amo~o David Sheehan 205 Locust Street Possed, approved and adopted this 20th day of luly 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas~Mayor Brady, Council Members Dulch, Kluesner, Krieg, Nagin, Nicbolson, Vootberg. Nays--None. RESOLUTION NO. 247.92 Whereas, Applications for Beer Pcrmlts have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, The premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bends; NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUB, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit, CLASS "BE" BEER PERMIT Dennis A. Althaas Family Beverage Center Sunday Saie~ 3400 Central Passed, approved mad adopted this 20th day of July, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesncr moved adoption of the Resolution. Seconded by Council Member Deieh. Carried liy the following vote: Yeas~Mayor Brady, Council Members Deieh, Kluesner, Kfieg, Nagie, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 248.9:2 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the saw~ have been examined and approved; and Whereas. the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THERF~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to eaase to be issued the following named applieunt~ a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Craig J. Weiner Walnut Tap 709 Walnut She~yl Ann Shireman King of Clubs Sunday Sales 1902 Central Wayne J/Carol A. Kramer Clubhouse Sunday Sales 2364 Washington T-MPR, Inc. Budde's Sports Bar & Grill Sunday Sales 660 Iowa City Of Dubuqu~)ubuque Five Flags Center Sunday Sales 4th & Locust . John F. Hall Bridge Restaurant & Lounge Sunday Sales 31-35 Locust LASS WB WINE PERMIT Mildred M. Dolter Basket Expressions 474 Bluff Passed, approved and adopted this 20th day of July, 1992 299 Regular Session, July 20, 1992 passed, approved and adopted this 20th day of July, 1992 Jan~s E. Brady Mayor Atieat: Masy A. Davis City Clerk Council M~mber Kluesuer moved adoption of the Resolution. Seconded by Council Member Ddich. C,~ied by the following vote: Yea~--Mayor Brady, Council Members Delch, Kluesner, Krlng, Nagin, Nichoison, Voetberg. Nays--None. Proof of publication certified to by the Publisher on nollc~ of hearing (held for 92) to consider amendment to zomng ordinance providing for establishing a C-I Nalghborhood Commercial Distrct, said matter continued from hearing on 7-6-92; petition of Ma~k Rettenmainr ruquesfing to address the Council regarding the Text Amundraent establishing a new C-1 Neighborhood Commercial District petition of 57 signers requesting "Chiropractic Office" be allowed in C-I zoning; communication of Zoning Commission advising of their denial to allow chiropractic offices allowed in C-I distrcts and communication of Acting City Manager submitting StaWs recommendation regarding establishing of new C-1 Neighborhood Commercial DisUlct, presented and Council Member Vcetberg moved that die proof, petitions, and communications be received and filed. Seconded by Council Member Kluesner. Canied by die following vote: Yeas--Mayor Brady, Council Members Ddich, Klueaner, Kring, Nagie, Nichoison, Voetberg. Nays--Noun. An Ordinance providing that the Code of Ordinances be aruended by revising Appendix A tbemof, also known as the Zoning Ordinance by repe.4fling Section 3-3.1 C-1 Neighborhood Commercial District and enacting in lieu dieveof, a new Section 3-3.1 C- 1 Nhighberhood CommenJiai District, with E~st & se~oad readings given at meeting of 6-15-92, presented for further action. Council Member Nagie moved that they strbe 3-3.1(b)(6) from the Ordinance. Seconded by Council Member V~etberg. Vote on the motion was as follows: Yea~ouncil Members Kring, Nicholson. Nays--Mayor Brady, Council Members Dnich, Kineaner, Nagle, Vuetberg. Motion failed. Council Member Nicholson moved to amend the Ordinance to change 3-3-1 E(3). Seconded by Council Member Vuetberg. Carried by the following vote: yeas--Mayor Brady, Council Members Dnich, Kluesner, Krlag, Nngle, Nichol~on, Vootbe~. Nays--None. Council Member Dcich moved further to eliminate 3-3.1J(5) of the Ordinance. Seconded by Council Member Nagin. Carried by thc following vote: yeas---Mayor Brady, Council Members Dalch, Kluesner, Kficg, Nagia, Nichoison, Votaberg. Nays--None. Council Member Voetberg moved to set the Heating on this Ordinance on August 3, 1992 and to include allowance for "Chiroprectic Office." Seconded by Council Member Kineaner. Carried by tho following vot~: yeas--Mayor Brady, Council Members Ddich, Klucsner, Krieg, Nngle, Nicholmn, Voetherg. Nays--None. An Ordinance Amending Zoning Ordinance by mzoning from R-1 Single- Family Residential District to PR Planned Residential District and to adopt a Conceptual Development Plan for property located South of R6osevalt and known as Lot I of Lot 1 and Lot 2, both of Loras Place, in the City of Dubuque, Iowa, first reading given on June 15, second reading given on July 6, and now continued from heating on July 6, 199:2, prescnl~d for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 56-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUF~ IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY REZONING FROM R-! SINGLE-FAMILY RESIDENTIAL DISTRICT TO PR PLANNED RESIDENTIAL DISTRICT AND TO ADOPT A CONCEPTUAL DEVELOPMENT PLAN FOR PROPERTY LOCATED SOUTH OF ROOSEVELT AND KNOWN AS LOT 1 OF LOT 1 AND LOT :2, BOTH OF LORAS PLACE, IN THE CITY OF DUBUQUE, IOWA- Whereas, Ron and Jan Smith, prop~.rty owners, have;filed un application for zomng reciaasification and conceptual development plan approval for herdueftor described Regular Session, July 20, 1992 300 property in accordance with the provisions of the PR Planned Residential Distrct regulations as set forth in Section 3-1.6(D) of thc Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission has held a public hearing on said zoning reclassilicmion and conceptual devulopn~tu plan pursuant to required published notice; and Whereas, the Zoning Commission has approved said zoning reclassification and conceptual development plan subject to specific conditions and restrictions having found that said plan conforms with the review standards applicable to such plans as set forth in Section 3-1.6(D) of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, lows. Whereas, die Zoning Commission has recomn~nded the concurrence of the City Council in approval of said zoning rcciassification and conceptual development Wberegs, the City Council has received the recommendation of the Zoning Commission and held its own public heating on said zoning reclassification and conceptual development plan pursuant to required published notice. Whereas, thc City Council has approved said conceptual development plan subject to the same specific conditions and restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secilon 1. That the Cede of Ordinances of the City of Dubuque, Iowa, be amended. by revising Appendix A thereof, also known as die Zoning Ordinance of thc City of Dubuque, lowa, by reclassifying from R-1 Single Family Residential District to PR Planned Residential District, thc following property, to wit: Lot 1 of Lot 1 and Lot 2, both of Loras Place and to the c~nter line of the adjoining public right-of-way in die City of Dubuque, Iowa. Section 2. That in order to accomplish die proposes of die PR Planned Rcaidentiul District of die Zoning Ordinance of the City of Dubuque, Iowa, a conceptual devulopn~nt plan for a copy which is attached hereto and made a part befool, is hereby adopted and approved for the following described property subject to the following conditions and restrictions: A. Use Re~niadons. The following regulations shall apply to all uses made of land in the following described PR Planned Reaidentiai District. 1) Principal permitted uses shall be limited shall be Bmlted to fifteen (15) singie-family residential sUuctures; 2) No sef-.undaxy or contingency uses shall he permit~al; 3) Accessory uses shall include any use C0ztomarily incidental and insubordinate to the principal use it se~ves. B. Lot and Bulk Re~ulatlons. Development of land in this PR Planned Residential District shall be regulated as follows: 1) Ail buildings, stractures and activities shall be located in sub~tenfial conformance widi thc attached conceptual development plan and all final sits development plans arc to be approved in accordance with tho provision of thc PR Planned Residential District regalations; 2) All buildings and structures shall provide a minimum front yard setback of 20 feet from the front property line. No maximum front yaxd setback is established. Ail buildings and structures shall be a minimum 6 fe~t from die side property line and have a maximum building height of 30 feel 3) A hard surfaced driveway ~ be constructed for each structare; 4) The minimum lot frontage shall be 30 feet; 5) Each dwelling unit shall provide a mialmum of 2 off-street parking spaces. C. Performance Standards. The development and maintenance of uses in this PR Planned Residential Disuict shall be established in conformanc~ with the following 301 Regular Session, July 20, 1992 stendards, as well as with the regulations of Section 3-1.6 of the PR Planned Residential District: 1) A privatu hard surfac0d street shall be consRuctud which mec~s Ci~ Engin~fing s~ulfi~fions; 2) Two (2) ~lt fen~ s~ ~ ~ovid~ d~ng ~o ~ns~on ph~es. 3) Ail gsiden6~ s~ct~es s~l ins~ a spfin~ sys~m for &e ho~; 4) SlOw,ks sh~ ~ pmvi~d ~j~ning ~ s~t; 5) No blaring sh~l ~ on ~e sitc; 6) A ~ site dcvalopmcnt pl~ sh~l ~ sub~tt~ in acc~d~ wi~ ~cfion 4-4 of ~e Zoning Or~n~ of ~e Ci~ of Dubuque, lowa prior to consffucfiotu Those areas designated as common ~x~a on the conceptual development shall be maintained as open space, in perpetuity, as defined by Section 8 of the Zoning Ordinance of the City of Dubuque, Iowa. F. Additional Standards. A conceptual development plan shall b~ valid for a period of 5 years provided a final sits development plan is submitted within one year from the date of approval. G. lYansfer of O~ Transfer of ownership or lease of property in this PR Planned Residential District shall include in the transfer or lease agreement a provision that the purchaser o~ hiaseo acknowledges awareness of the conditions authorizing the establishment of this district, Passed, approved and adopted this 20th day of July, 1992. lames E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 56-92 I, Run and Jan Smith, having read the tertm and conditions of tho foregoing Ordiannce No. 56-92 and being familiar with the conditions thereof, hereby accept this sarue and agree to the conditions required tberein. Datad in Dubuque, Iowa this 23rd day of July, 1992. By M Ron Smith By M Jan Smith Published officially in the Telegraph Herald newspaper this 29th day of July, 1992. Mary A. Davis It 7/29 City Cierk Council Member KIuesner moved final adoption of the Ordinance, Seconded by Council Member Nicholson. Carried by the following votu: . Yeas-~Mayor Brady, Council Member~~ Dalch, Klucsner, Krlag, Nngla, Nicholson, Voetberg. Nays--None. Council Member Nieholsou moved to resolve to approve private road alignment with insurance that conditions suggested by Mrs. Owens arc met if possible. Seconded by Council Member Voetberg. Carried by thc following vote: Yeas--Mayor Brady, Council Members Deich, Kluesnor, Krieg, Naghi, Nichulson, Voetberg. Nays--None. Petition containing 56 signatures objection to the proposed Conceptual Development Plan at the Lotus Estates west of Roosevelt and petition of RoBie & Hilda Blume objecting to project proposed for Lotus Estates, px~santed and read. Council Member Kluesner moved that the petition be received and filed. Sexonded by Council Member Nichohou. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klue~ner, Krieg, Naghi, Nicholson, Voetberg. Nays--None. Proof of publication certified to by the Publisher on Notice of Public Hearing to consider leasing Marshall Park to the Dubuque Arboretum Association for the sum of $1.00 per year, for 25 years beginhing on the 1st day of Iune, 1992 and ending on the 31st day of May 2017 with the option to extend the lease for an additional twanty-five year period, presented and read. Council Member Ktiag~ moved that the proof of publication be received and filed. Seconded by Council Member Nagin. Can-led by the following vote: Yeas~Mayor Brady, Regular Session, July 20, 1992 302 Council Members Deich, Kluesner, Krieg, Nagle. Nicholson, Voetberg. Nays--None. RESOLUTION NO. 249-92 RESOLUTION APPROVING LEASE OF MARSHALL PARK TO THE DUBUQU~ ARBORETUM ASSOCIATION Whereas, pursuant to l~eanintion and published notice of date, time, and place of a public bearing, published in the Telegraph Herald, a ncwspapar of general circulation published in the City of Dubuque. Iowa, on the 10th day of July, 1992, the City Council of the City of Dubuque, Iowa met on the 20th day of July, 1992, at 7:30 p.m., in the Public Library Auditorium, Eleventh and Locust Streets, Dubuque, Iowa, to c~nsider the lease of certain ~ property as set forth in the Lease Agreement between the City of Dubuque mid the Dubuque Arbemtum Association, a copy of which is attached hereto and incorporated herein by r~farence; and Whereas, the City Coundl of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the lease agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. The Lease Agreement between die City of Dubuque and the Dubuque Arboretum Association, a copy of which is attached hereto, is hereby approved. Section 2. TI~ Mayor is authorized and directed to execute the Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted fltis 20th day of July, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Nagin. Carried by il~ following vote: Yeas Mayor Brady~ Council Members Deich, Kinesner, Kriag, Nagle, Nicholson, Vo~tberg. Nays---None. proof of Publication certified to by the Publisher on notice of public hearing to consider disposing of Lot 9 in Breakey's Addition to David & Patriula Pins for the sum of $774.63 (located next to and adjoining property at 40~ Southern Ave.), presented and read. Council Member Nagle moved that the proof of publication be received and fried. Seconded by Council Membex Kluesuer. Carried by the following vote: Yans--Mayor Brady, Council Members D~ich, Kluesanr, Kring, Nagle, Nicholson, Vootberg. Nays---None. RESOLUTION NO. 250-92 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Tblegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 10th day of July, 1992, the City Council of the City of Dubuque, Iowa met on the 20th day of Jdiy, 1992, at 7:30 p.m. in the Public Library Auditorium, llth and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of reul estate described Lot 9 of John Breakey's Addition in tho City of Dubuque, Iowa to David and Patricia Pins Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral o~ written, to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabeve described reul estate to David and Patrioia Pins. NOW TtlEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CHW OF DUBUQUE, IOWA: Section 1. That file disposal of the interest of the City of Dubuque, Dubuque County, lowa in real property described as Lot 9 of John Breakey's Addition in the City of Dubuque, Iowa to David and Patdcia Pins be and the same is hereby approved for the sum of $774.63 plus cost of publication, platting and filing fees; conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and dilectud to defivor $a~d deed of conveyance to the above named lFantces upon receipt of the purchase pfic~ in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of die City Assessor, Dubuque County Recorder and the Dubuque County Treas~er. 303 Regular Session, July 20, 1992 Passed, approved and adopted this 20th day of Ialy, 1992. Jarn~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagln moved adoption of ~be Resolution. Seconded by Council Member Klansnar. Cagied by the following votu: yeas--Mayor Brady, Council Members Ddich, Kluesner, Krleg, Nagie, Nicbolson, Vcetberg. Nays--Noun. Proof of Publication certified to by thc Publisher on Notice of proposed action to insthnte proceedings to enter into a Loan Agreement and borrow money in a pfincipei amount not to exceed $4,200,000 (General Obligation), presented and read. Council Member Kluasner moved that the proof of publication be received and filed. Seconded by Council Member Vcetberg. Carried by the following vote: Yeas--Council Members Deich, Kluesnex, Krieg, Nichoison, Vcetberg. Nays--Mayor Brady, Council Member Nagie. RESOLUTION NO. 251.92 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR TIlE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,200,000 GENERAL OBLIGATION INVESTMENT R ;ECOVERY NOTES, SERIES 1992 Whereas, pursuant to notice published as required by law, this Council has held a public racetlng and hearing upon the proposal to institute proceedings for the anthofizatlon of a Loan Agreement and the issuance of not to exceed $4, ~2Q0,000 General Obligation Investment Recovery Notes, Series 1992, for the purpose of paying costs of providing funds for the loss under tbe Municipal Investment Recovery Program of the Iowa Finance objections received from residents or accordingly the following action is now City and residents thereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That this Council does hereby institute proceedings and takes additional tction for the authorization of a L~an mquffcd by law of not to exceed $4,200,000 Notes, Series 1992, to evidence the obligailon thereof for the foregoing purpose. Section 2. The City Cl~rk is authorized and directed to proceed on behalf of the City with the negotiation of terms of a Lc,an l~ries 1992, evidencing the City's final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the sawe on behalf of the City and this Council and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the City and Passed, approved and adopted this 20th day of Iniy. 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Vcetberg. Canied by the following vote: yeas- Council Members Deich, Klueanor, Faieg, NichoIson, Voetberg. Nays--Mayor Brady, Council Member Nagie. Communication of Acting City Manager submitting an application for a voluntary annexation of approximately 4.8 acres of City-owned land surrounding the Julien Dubuque monument and requesting to set matter for public hearing, presented and read. Council Member Vcetberg moved that the communication be received and fried and set for Heating on August 3, 1992 at 7:30 p.m. in the PubBc Library and that the City Ciexk publish notice in tho manner pr~ribed by law. Seconded by Council Member Khiasner. Caxried by the following vote: Yeas--Mayor Brady, Council Members Kinesncr, Kring, Nagle, Nicbolson, Vcetberg. Nays--Council Member Deich. Regular Session, July 20, 1992 304 Communication of Acting City Manager requesting to set a public hearing on a loan ag~ment with American Treat and Savings Bank to finance the purchase of a fainvay mower for the Bunker Hill Golf Course, presented and mad. Council Member Voatberg moved that the communication be received and filed. Seconded by Council Member Klueanex. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesuer, Kring, Nagie, Nicholson, Voatberg. Nays~Council Member Deich. RESOLUTION NO. 252-92 FIXING DATE OF HEARING ON BANK LOAN Whereas, the City Council of the City of Dubuque, Iowa, has given its approval in the FY '93 Operating Budget for the Purchase of a Falnvay Mower for the Bunker lliil Golf Course, on a Lease/Purchase Agreement. Whereas, in order to provide for payment of the fei~way mower it is necessary to obtain a bank loan; and Whereas, a loan agreement has been reached with American Trust and Savings Bank, of Dubuque, in the amount of $17,130.00; and Whereas, repayment of the bank loan will ceme from golf fees; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 3rd day of August, 1992, a public heating will be held at 7:30 p.n~ in. the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed loan agreement; and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. Passed, approved and adopted this 20th day of July, 1992. Iam~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesne~, Kfieg, Nagie, Nicholson, Vcetberg. Nays--Council Member Deich. Communication of Acting City Manager submitting documents providing for the bidding process for the Constxuedon of a Rest Room/Shower facility in Riverview Park, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesnar, Kfieg, Nagie, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 253-92 pRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contsact and estimated cost for the Riverview Park Rest Room/Shower Facility, in the estimated amount of $222,000, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 20th day of July, 1992, James E, Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voctberg moved adoption of the Resolution. Seconded by Council Member Nagie. Carried by the following vote: Yeas~Mayor Brady, Council Members Deich, Kluesner, Kring, Nagie, Nichoison, Voetberg. Nays--None. RESOLUTION NO. 254-92 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa, has given its prelimlnmy approval on the proposed plans, specifications, and foam of contract and placed same on file in the office of the City Clerk for publlc inspection of the Riverview Park Rest Room/Shower Facility. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 305 Regular Session, July 20, 1992 That on the 17th day of August, 1992 a punic heating will bo held at 7:30 p.m., in the PaNic Libra~'y Auditorium,, at wNch time interested p~rsons may appear ~md bo heard for or against the prOlX~sed plans and specifications, form of contract and cost of said improvemant, and tbo City Clerk bo and is hereby directed to cause a notice of tiwe and place of such hearing to bo published in a newspaper havhlg general circulationin the City of Dubuque, Iowa, which notice shall bo not less than four days nor more than twenty days prior to the day fixed for its consideration. At the heating, any interested por~on may appear and file objection~ to the proposed plans, specifications, contract, or estimated cost of the improverc~nt Passed, approved and adopted th/s 20th day of July, 1992. Iambs B. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetherg moved adoption of the Resolution, Seconded by Council Member Naghi. Carried by the following vot~: Yeas---Mayor Brady, Council Members Ddch, Kluesner, Krleg, Nagle, Nicholson, Voetberg. Nays--None. - RE,SOLUTION NO. 255-92 ORDERING BIDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tho Riverview Park Rest Room/Shower Facility is hereby ordered to bo advertised for llds for construction. BE IT FURTHER RESOLVED that the amount of the secmlty to accompany each bid shall bo in an amount which shall conform to the provisions of the notice to bidders boreby approved as a part of the plans and specificalions heretofore edopled. That the City Cledt is hereby directed to edvordse for bids for the construction of the improvcrflents herein provided, to bo published in a newspaper having general circaialion in the City of Dubuque, Iowa, which notice shall not bo less than four days nor more ~ twenty days prior to the receipt of said bids at 2:00 p.m., on the llth day of August, 1992. Bids shall bo opened and read by the City Clerk at said time and wili bo submitted to the Council for fmai action at 7;30 p.m., on the 17th day of August, 1992. Passed, approved and adopted this 20th day of luly, 1992.' Jam~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Vo~tborg moved adoption of the Resolution, Seconded by Council Member Nagle, Carried by the foilowing vo~o: Yea~,-.-Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nngle, Nieholson, Voetborg. Nays--None. Communication of Iefffey Hurlburt requesting approval of documents regarding issuance of Hospital Revenue Bonds, presented and mad. Council Member Vo~tborg moved that the communication bo received and filed. Secoaded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Khiesuer, Kring, Naghi, Nicholson, Voetborg. Nays---Council Member Dcieh. RESOLUTION NO. 256-92 RESOLUTION REGARDING THE ISSUANCE OF HOSPITAL REVENUE BONDS (THE FINLEY HOSPITAL PROJECT), SERIES 1992, OF THE CITY OF DUBUQUE, IOWA, AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT RELATING THERETO Whereas, the City of Dubuque, Iowa (the "Issuer"), is a municipality of the State of Iowa authorized and empowered by the provisions of Chapte~ 419 of the Cede of Iowa, 1991, as amended (the "Act") to issue revenue bonds and to loan the proceeds to one or more contracting parties to bo used to pay the cost of acquiring by construction or purchase, land, buildings, improven~nts and uqaipmant suitable for use of any voluntary nonpwfit hospital and to z~fund any bonds issued pursuant to thu Act; and Whereas, The Fiaiey Hospitsl (the "Hospital"), is a voluntmy nonprofit hospital within the meaning of the Act which presently owns and operates hospital facilities located within tho Issuer, and in order to improve health care sesvic~ for inhabitants of the Issuer, the Hospital has requested the Issuer to issue its Hospital Regular Session, July 20, 1992 306 Revenue Bonds ~The Finley Hospital Projec0, Series 1992, in an aggregate principal amount not to exceed $10,750,000 (the "Series 1992 Bonds") pursuant to thc Act to finance the construction of an sddition to the Hospital's existing healthcare facilities for use as an ambulatory surgeO' and outpatient center on the second float of the ttospital building; expansion of the Intensive Care Unit; renovation of the tim floor of the Hospital building to allow for the development of a conference center and a Library, Education and Hunan Resources suite; and the acquisition, construction and installation of other uqulprnent, furnishings and improvements to and for the existing tlospital facilities (the "Project"). In addition, proceeds from the Series 1992 Bonds will bo used to fund a debt service reserve fund mai to pay costs incurred in connection with the issuance of file Series 1992 Bonds; and Wherea~, the Issuer has heretofore issued $10,525,000 in aggregate principal amount of its Hospital Facility First Mortgage Refunding and Improvement Revenue Bonds (The Finley Hospital Project) Series 1977 (the "Series 1977 Bonds"), pursuant to that certain Indenture of Trust dated as of September 1, 1977 (the "Original Indenture") between the Issuer and the Trustee (as defined in the Originai Indenture) and has loaned the proceeds of the Series 1977 Bonds to the Hospital pursuant to a Loan Agreement dated as of September 1, 1977 (the "Original Agreement") between the Hospital and the Issuer for the paspose of refunding the Issuer's previous issue of $4,250,000 Hospital Facility First Mortgage Revenue Bonds (Tbu Finley Hospital Projec0 Series A (the "Series A Bonds") &nd to finance part of the co~t of additional buildings and improvements to the Hospital's existing Hospital facilities; and Whereas, the Issuer has determined that the amount necessary to defray all or a portion of the cost of the Project, will require file issuance by the Issuer of its Series 1992 Bonds pursuant to the provisions of the Act, and pursuant to the Original Indenture as an~nded and supplemented by a First Supplemental Indenture of Trust, dated as of September 1, 1992 (the Original Indenture as amended and supplemanted by the First Supplemental Indenture of Trust is hereinafter referred to as the "Indenture") and loan the proceeds of the Series 1992 Bonds to the Hospital pursuant to the Original Agreement as amended and supplemented by a First Amendatory Loan Agreemant, dated as of September 1, 1992 (the Original Agreement as amended and supplemented by the First Ameadatory Loan Agreement is hereinafter referred to as the "Agreement"); and Whereas, the Series 1992 Bonds, if issued, shall bo limited obligations of the Issuer, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers, and thc pfincipul of and inter~st and premium, if any, on the Se. ties 1992 Bonds shall bo payaNc solely out of thc revenues derived from the aforementioned Agreement or otherwise as provided therein; and Whereas, there has been presented to the City Council a Memorandum of Agreement, attached hereto as E0tNhit A, which sets forth ceCtain mutual undertakings and agreements between thc Issuer and the Hospital, relating to the further processlng and Issuance of the Series 1992 Bonds, and the Issuer believes it desirable and in its best interest that said Memorandum of Agreement bo executed for and on behalf of tho Issuer; and Whereas, before the Series 1992 Bonds may be issued, it is necessary to conduct a public hearing on the propo~ul to issue the Series 1992 Bonds, all as required and provided for by Section 419.9 of the Act and Section 147(0 of the Intemai Revenue Code of 1986. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 'IHE ISSUER AS FOLLOWS: Section 1. A public hearing shall bo conducted on tbo 17th day of August, 1992, at 7:30 o'clock p.m., before this City Council at the Public Library Auditorium, Dubuque, Iowa, on the proposal to Issue the Series 1992 Bonds pursoant to the provisions of the Act, for the purpose of defraying all or a portion of the cost of financing the Project, establishing certain reserve funds for the payment of the Series 1992 Bonds, and paying certain expanses incurred in connection with the foregoing, and ail local residents who appear at said hearing shall he given an opportunity to express their views for or against the proposal to issue the Series 1992 Bonds; and at said hearing, or any adjournment thereof, this City Council shall adopt a resolution determining whether or not to ptec~d with the issuance of the Series 1992 Bonds. Section 2. The City Clerk of the Issuer is hereby directed to punish one time, not less than fifteen (15) days prior to the date fixed for said heating, in the ~, a 307 Regular Session, Ju!y 20, 1992 legal anwapaper published and having a general circelatlon wititia tbe Issuer, a Notice of Intention to Issue the Series 1992 Bonds in substantially the following form: NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE ItOSPITAL REVENUE BONDS (rile FINLEY HOSPITAL PROIECrF), SERIES 1992 Notice is bemby given that a public hearing will be oonducteA before the City Council of the City of Dubuque, Iowa, at Public Library Auditorium, Dubuque, Iowa, at 7:30 o'clock p.m., on the 17th day of August, 1992, on the proposal to issue Hospital Revenue Bonds (The Fialey Hospitsl Project), Series 1992 (the "Series 1992 Bonds") of the City of Dubuque, Iowa (the "Issuer"), on behalf of The Finley Hospital (the "ltospital") for the purpose of defraying the cost of the construction of an addition to the Hospital's existing healthcare facilities for ~se as an anthalatory surgery and outpatient center on the second floor of the HosI~tal building; expansion of the Intensive Care Ualt; renovation of the first floor of the Hospital building to allow for the development of a conference center and a Library, Education and tluman Resources suite; and the aoqdisition, consltuction and installation of other equipment, furnishings and improvements to and for the existing Hospital facilities (the "Project") all of which will be located at 350 North Orandview Avenue, Dubuque, Iowa. In proceeds from the Series 1992 Bonds will be used to fund a debt service reserve fund and to pay costs incurred in connection with tho issuance of the Series 1992 Bonds. The Series 1992 Bonds will be issued in an aggregate principal amount not to exceed $10,750,000. Tho Series 1992 Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer not will they be payable in any manner by taxation, but the Series 1992 Bonds, together with the Issuer's previous issue of $10,525,000 in agg~ngate principal amount of Hospital Facility First Mortgage Refunding and Improvement Revenue Bonds (The Finley Hospital project), Series 1977 (the "Series 1977 Bbnds") issued pursuma to that certain Indenture of Treat dated ~s of September 1, 1977, as amended and supplemented by a First Supplemental Indenture of Trust (together the "ladentum'), will be payable solely and only from amounts recuivnd by the Issuer under a Loan Agreement dated as of September 1, 1977, as amended and supplemented by a First Ameedatory Loan Agreement (tngether the "Loan Agreement") between the Issuer and die Hospital, the obligation of the Hospital under which will be sufficient to pay the principal of and interest and redemption pmminra, if any, of the Series 1992 Bonds and the Series 1977 Bonds as and when the ~ame shall become due. The Serius 1992 Bonds and the Sexies 1977 Bonds and the interest thereon will be payable solely out of the~ revenues derived from said Loan Ag~.~rnant and shall never oonadtute an indebtedness of the Issuer within the meaning of any State constitutional provision or statutory limitation, and shall not oonstitato nor give rise to a pecuuimy liability of said Issuer or a charge against its general erndit or taxing All local residents who appear at said hearing shall be given an opportunity to express their views for or against rite iroposal to issue the Series 1992 Bonds, and at said heating, or any adjournment thereof, the City Council of said Issuer shall adopt a resolution determining whether or not to proceed with the issuance of tho Series 1992 Bonds. Written comments may also be submitted to the Issuer at: City Clerk, City Huil, 13th and Central Avenue, Dubuque, Iowa 52001. Written comments must be received by the above hearing date. By order of the City Council of the City of Dubuque, Iowa. Mary A. Davis City Clerk Section 3. In order to assam the financing of the Project with the resulting public benefits, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit A, be approved and that the Mayor of the City Council be and hereby is authorized and directed m execute said Memorandum of Agreement and the City Clerk of the Issuer be and hereby is authorized to attest the same and to affix the Seal of the Issuer thereto, and said Memorandum of Agreement is hereby made a part of this Resolution. Section 4. Officials of thc Issuer are hereby authoriznd to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agmemant. Section 5. All resolutions and orders or pa~a thereof, in conflict herewith are, to the Regular Session, July 20, 1992 308 extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. Council Member Voctberg moved that the Resolution be adopted and approved, secondnd by Council Member Kring. The Mayor put the question upon the adoption of said resolution, and the roll being called the following Council Members voted: Ayes--Brady, Kluesner, IC~ing, Nagle, Nicholaon, Voctberg. Nays---Council Member Dalch. Whereapon, the Mayor declared the Resolution duly adopted. Attest: Mary A. Davis City Clerk Council Member Jarc~s E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Krieg~ Carded by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kfieg, Nagle, Nicholson, Voetberg, Nays~Council Member Deich. Communication of Zoning Commission advising of their approval to amend text amendment of Zoning Ordinance by eliminating the distinction between cul-de- sac and local street, and set front yard setbacks on all other streets to 30 feet and communication of Zoning Board of Adjustment advising of their concurrence with Zoning Commission's recommendation, presented and read. Council Member Voetberg moved that the communications be received and fried. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Vaing, Nagle, Nicholson, Voetberg. Nays--None. An Ordinance Amending Zoning Ordinanc~ by repealing the present Bulk Regulations and adopting new Bulk Regulations in lieu thereof in Sections 3- lA(F), 3-1.2(F), 3-1.3(F), 3-1.4(F), 3-1.5(F), 3-2.1(F), 3-2.2(F), 3-3.I(F), 3-3.2(F), 3- 3.3(F), 3-3.4(F), 3-3.5(F), 3-3.6(F) and 3- 3.37(F), presen~ti and read. Council Member Voetberg movnd that tiffs be considered the first reading of the Ordinance, and that tbe requirement that a proposed Ordinance be conside~l and voted on for passage at two council meetings prior to the meeting at which it is to be finally ndoptnd be suspended and further moved that a Public Hearing be held on the Propor~ed Ordinance on the 3rd day of August, 1992 at 7:30 p.nt in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Counuil Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Kring, Nngle, Nicholson, Voethecg. Nays---None. Communication of Zoning Commission advising of their approval of a text amendment to Zoning regarding C-2 Neighborhood Shopping Center District, presented and md. Council Member Voetbe~g moved that the conm~unication be received and fled. Seconded by Council Member Kluesner. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klnesner, Kring, Nagle, Nicholson, Voetberg. Nays--None. An Ordinance Amending Zoning Ordinance by enacting in lieu thereof, a new Section 3-3.2 C-2 Neighborhood Shopping Center District, presented and read. Council Member Voetherg moved that this be coaside~nd the 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 to be finally adopted be suspended and further moved that a Public Heating be held on the Proposed Ordinance on the 3rd day of Angust, 1992 at 7:30 p.n~ in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Kluesner. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nngin, Niebolsoa, Voetberg. Nays--None. Communication of Zoning Commission advising of their approval to re.~lassify property located north of Southern Avenue to POS Public Open Space as requested by the City of Dubuque, presented and read. Council Member Voetberg moved that the communication be rocdived and filed. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner. Krieg, Nagle, Nicholson, Voetberg. Nays--None. An Ordinance Amending Zoning Map by reclassifying property located North of Southern Avenue between Samuel and Vailey Streets from R-2A Alternate Two- Family Residential District, OS Office. Service District and R-2 Two-Family Residential District to POS Public Open Space District, presented and read. Council Member Voetberg moved that this be 309 Regular Session, July 20, 1992 conside~vxl the first teeing of tho Ordinance, and that the requixement that a proposed Ordinance be consida~er 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 that a Public tlc, ming be held on tho Proposed Ordinance on the 3rd day of August, 1992 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nagle~ Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Klue~ner, Kfieg, Nagle, Nicholson, Voetherg. Nays--None. MINUTES SUBMITTED -- Cable TV Rngdiatory Commission of 7-14; Housing Commission of 6-9; H~xn Righte Commission of 6-15; .Long Range Planning Commission of 6-24; Long Range Planning Commission (River front Development Subcommittee) of 6-23; Zoning Board of Adjustw~nt of 6-25, presented and ~ead. Council Member Deich moved that the minutes be received and filer, Seconded by Council Member Nagle. Carried by the following vote: Yces--Mayo~ Brady, Council Members Dcich, Kluesner, lC. flag, Nagle, Nicholson, Voetberg. Naya--Noan. NOTICES OF CLAIMS/SUITS -- Tommy Boots in amount of $127.20 for vehicle damages; IAsa & Tom Brimeyer in amount of $348.81 for vehicle damages; Mary J. Burkart in aronunt of $218.16 for personal injurieal Marcia L. Duffels in amount of $260.61 for vehicle damages; Cecil A. Duffy vs City of Dubuque, as third-party defender in unknown amount for vehicle damages; Kathy Graves in amount of $200.00 for personal injuries; Gary M. Schmitt in amount of $593.60 for vehicle damages; Jim Gross in amount of $100.00 for be~ked up sewer damages; Barb GMnn (for son Christopi~er) in unknown amount for personal injuries, p~sonted and read. Council Member Dcich moved that the clalms and suits be referred to the Legal Staff for investigation and repe~t. Sedonded by Council Member Nagin. Carrier by the following vote: Ye~s--Mayor Brady, Council Members Deieh, Klunsner, Kfiag, Naghi, Nicholson, Voetberg. Nays~None. Communication of Coqooration Counsel recommending settlement of sewer backup claim of George & Linda Bonn in the amount of $79.50, presented and read. Council. Member Deieh moved that the communication be received and filed and approved settlement with Finance DLre~tor to issue proper check. Seconded by Council Member Nngle. Carried by the following vote: Yens--Mayor Brady, Council Members Deich, Klunsner, Kring, Nagle, Nicholson, Voetberg. Nays--None. Communications of Coxporadon Counsel advising of referral of following clnima: Car damage claim of Charles F. Barwangar; Car dam. ago Claim of Joe Dundee; Car damage claim of James Hanson; Car damage claim of Dairaan C, Heffner; Car damage claim of Rink Shaffer; Car damage claim of Particle Sievers, pro~onter and remd. Council Member Deich moved that the communications be received and filed. Seconded by Coundl Member Nagle. Carried by the followlng vote: Ye, ss--Mayor Brady, Council Members Deich, Kluesnor, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. Petition of Dubuque Symphony Oxchestra requesting permission to hold tho Labor Day Fireworks at Hawthorne Street Landing on Sunday, September 6, 1992, presented and reer. Council Member Deich moved that the petition be approved, subject to imphimantation of City Manager. Seconded by Council Member Nngle. Carrier by the following vote: yce~--Mayor Brady, Council Member~ Deinh, Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays--None, Petition of Delos A. Dorwcilar requesting relief from a severe drainage problem at his property lo~ated at 2105 JFK Rd, presented and read. Council Member Daieh moved that the petition be ~ceived and flier. Seconder by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deieh, Kluesner, Kring, Nagle, Nieholson, Vo~tbe~g. Nays--None. Petition of Richard and Barbara Blichmann requesting the vacation of an easement located between the properties locater at 1785 and 1779 Sarah St, presented and ~ead. Council Member Dcich moved that the petition be referred to City Manager and Staff. Seconded by Council Member Naghi. Can'ied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krlag, Nagle, Nicholson, Voetberg. Nays--None. Petition of Helen Vorwald, 70'/Peru Rd. questioning why no city utilities have been provided to her residence, presented and xeaal. Council Membex Dnich moved that the petition be received and filed. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady, Regular Session, July 20, 1992 310 receiver and filed. Seconded by Council Member Nagin. Carded by tho following vote: Ye~s--Mayor Brady, Council Members Dcich, Kluesnes, Krieg, Nnglc, Nieholson, Voetberg. Nays---Noon. Petitions of A. I. Spiegel, Iowa Oil Company and Tri-State Dermatology Clinic requesting "No Parking" on .the street known aa Southpark Court, presented and re~l. Council Member Deich mover that the petitions he referred to the City Manager and Staff for investigation and report Seconded by Council Member Nagle. Carrier by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays--None. Communication of Coq0oragon Counsel providing an update on the statns of the litigation and other relater legal activities concerning Iowa Trust, presented and r~d. Council Member Deich moved that the communication be received and filed. Seconder by Council Member Naglo. Carried by tho following vote: Ycea~Mayor Brady, Council Members Daich, Klunsner, Kfiag, Nagle, Nicholson, Voetberg. Nays--None. Communication of Acting City Manager recommending accepting of Construction of the Ham House Roofing Project, presented and read. Council Member Deich moved that the communication be received and filer. Seconded by Council Member Nagle. Carried by the following vote: Yeas---Mayor Brady, Council Members Dcich, Klunsner, Krieg, Nngin, Nicholson, Voetbe~g. Nays--None. RESOLUTION NO. 25%92 ACCEPTING IMPROVEMENT WIIEREAS, the contract for the Ham House Roofing Project has been completed ' and the City Manager haa examined the work and filed his certificate stating that the same has been completed according to thc terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, lows. that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTIiER RESOLVED that the City Trouser be and he is hereby directed to pay to the contractor from the Sales Tax Construction Fund ($46,542) and the General Fund ($5,000) in amount equal to the amount of his contract, less rely retained percentage provider for therein. PASSED, ADOPTED AND APPROVED this 20th day of July, 1992. James E. Brady Mayor Mary A. Davis City Clerk Council Member Daich mover adoption of the Resolution. Seconder by Council Memb~ Naglo. Carrier by the following vote: Yeas--Mayor Brady, Council Membc~s Doich, Kluesner, Kfiag, Nagin, Ninkolson, Voetberg. Nays--None. RESOLUTION NO. 258.92 FINAL ESTIMATE WHEREAS, the contract for the Ham House Reeling Project has been completed mid the Engineer has submiiter his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW TIIEREFORE, BE IT RESOLVED, by the City Council of the city of Dubuque, Iowa: Section 1. That the cost of said improvement is hereby determined to be $51,542.00, and tho said amount shall be paid from the Sales Tax Construction Fund ($~6,542) and from the General Fund ($5,000) of the City of Dubuque; Iowa. PASSED, APPROVED AND ADOPTED, this 20th day of Jniy, 1992. James E. Brady Mayor Mary A, Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesnar, Kring, Nagle, Nicholson, Voetberg. Hays-None. Communication of Acting City Manager requesting Council to revise guidelines for the second year of the Community Paxmershlp Program (cp2), presented and read. Council Member Deieh mover that the communication be receiver and filed. Seconder by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members 311 Regular Session, July 20, 1992 Dnieh, Kluesne~, Krieg, Naghi, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 259-92 RESOLUTION AMENDING THE GUIDELINES OF THE COMMUNITY PARTNERSHIP PROGRAM (cp2) Wberea~, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque bea received Community Development Block Grant (CDBG) funds for the devniopn~nt and maintenance cfa viable urban community through the provision of decent housing, a suitable living environment and expanded economic opportunities for its residents, particularly those persons of low and moderate income; and Whereas. the Community Partnership Program (op2) was devaloped in Fiscal Year 1992 in response to the national goals and objectives of the CDBG program and is designed to encourage, on a local level, new and innovative private and non-profit effortz to improve the livability of the community for all citizens; and Whereas, the guidelines for tho implementation and administration of the Community Partnership Program (op2) have been amended to better respond to the needs of the community and have been presented before tho City Council for consideration. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the amended Community Partnership Program (cp2) Guidelines, as pr~ented, arc approved and adopted. Section 2. That the Acting City Manager be and she is hereby authorized to implement and administer the Community Partnership Program (op2) in accordance with thc terms and conditions of thc amended and approved guidelines. Passed, approved and adopted this 20th day of July, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Dnich moved adoption of the Resolution. Seconded by Council Member Nagie. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nagie, Nichoison, Vootberg. Nays--None. Communication of Zoning Commission advising of thalr approval of plat for Kelly's Bluff No. 2 as requested by Jeffrey Nagle, and a Resolution Approving the final plat of Kelly's Bluff No. 2 in the City of Dubuque, presented and reed. Council Member Deich moved that the communication and Resolution be tabled to the Council meeting of August 3, 1992. Seconded by Council Member Nagie. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesuer, Kriog, Nagie, Nichoison, Voetberg. Nays--None. At 12:28 a.m., July 21, 1992, Council Member Kluasner moved to go into Closed Session - in accordance with chapter 21.5 1.(C) to discuss strategy with Counsel in matters that are presently in litigation. Seconded by Council Member Vcotberg. Carried by the following vote: Ye~z--Mayor Brady, Council Members Deich, Kluesner, I~eg, Nagle, Nicholson, Voetberg. Nays--None. 12:32 ~.m., July 21, 1992 Council ~econvened with Mayor stating that direction had been given to Corporation Counsel. There being no further business, Council Member Nagle moved to adjourn. Seconded by Council Member Voetberg. Canied by tho following vote: Yeas--Mayor Brady, Council Mombers Deich, Kluasner, Kriog, Nagie, Nieholson, Votaberg. Nays--None. Me,ting adjourned at 12:33 a.m. July 21, 1992. Mary A. Davis City Clerk Regular Session, July 20, 1992 312 Approved ~ 1993. Adopted ~ 1993. b Mayor Attest: ~