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1992 December Council Proceedings469 Regular Session, December 7, 1992 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, December 7, 199Z Council Met at 7:30 p.m., Public Library Auditorium. Present: Mayor Pro-Tem Krieg, Council Members Deich, Kluesner, Nagle, Nichoison, Voetberg, Acting City Manager Stephani Johnson, Corporation Counsel Barry A. Lindahl. Absent: Mayor Brady. Mayor Pro-Tem Kfieg read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Duane Manson, Chaplain of Luther Manor. Plaques to City Employees with 25 years of Council Member Vuetberg moved that the rules be suspended to allow anyone present to addrcss thc Council if they so desire. Seconded by Council Member Nagle. Canled by the following vote: Yeas--Mayor Pro-Tom Krieg, Council Members Deich, YAuesner, Nagle, Nicholson, Vuetherg. Nays---None. Absent--Mayor Brady. Proof of Publication certified to by the Publisher on Notice of Public Hearing to rezone propertier on Asbuty Road and Kennedy Road from C-2 and R-3 Districts to C-3 District, presented and read. There were no written objections received. Council Member Naghi moved that the proof of publication be received and filed. Seconded by Council Member Vcetberg. Canied by the folinwiug vote: Yeas--Mayor Pro-Tem Kfieg, Council Members Dalch, Kinesner, Nagle, Nichoison, Voetberg. Nays--None. Absent--Mayor Brady. An Ordinance amending Zoning Ordinance by reclassifying property located at 3385, 3333, 3305, 3350 and 3330 Asbmy Road and 2120, 2140, 2200, 2260, 2300 and 2255 Kennedy Read from C-2 Neighborhood Shopping Center District to C-3 General Commercial District and reclassifying property at 2180 Kennedy Road fwm R-3 Moderate Density Multi-Family Residential District to C-3 General Comm~rciul District, said Ordinance having been presented and read at the meeting of November 16, 1992, presented for finci action. Council Member Nagle moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Vote on the motion was as follows: Yeas--Mayor Pro-tom Krleg, Council Members Dcich, Voetberg. Nays--Couecli Members Kluesner, Naghi, Nichoison. MOTION FAILED ORDINANCE NOT ADOPTED. Proof of Publication cea'rifled to by the Publisher on Notice of Public Hearing to reclassify properties located West of Freeway 61/151 from 4th Street. to Jones Street and East of Locust Street from LI District to C-4 District and communication of Aflast Fluid Power Co., opposing any zoning change for his property known as City Lots 535, 535A and 536 on which Atlast Fluid Power Company is now located, presented and read. Council Member Voetberg moved that the proof and communication be received and filed. Seconded by Council Member Nagin, Carried by the following vote: Yeas--Mayor Pro-Tom K~eg, Council Members Dcich, Kinesuer, Nagle, Nicholson, Vcetberg. Nays--None. Absent--Mayor Brady, Cindy Steinhnuser, 2243 Harold, requested zoning change. An Ordinance amending Zoning Ordinance by reclassifying property located West of Freeway 61/151 from 4th Street to Jones Street and Bast of Locust Street from LI Light laduatrial District to C-4 Downtown Commercial District, said Ordinance presented and road at tho C0uncfl Meeting of 11-16-92, presented for fi6al action. (OFFICIAL PUBLICATION) ORDINANCE NO. 93-92 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 TI~ ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED WEST OF FREEWAY 61\151 FROM 4TH STREET TO JONES STREET AND Regular Session, December 7, 1992 470 EAST OF LOCUST STREET FROM LI LIGHT INDUSTRIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That thn Code of Ordinances of the City of Dubuque, Iowa be attended by wvising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify herdnofter described property from LI Light lndustriul District to C-4 Downtown Commercial Dislrint, to wit: That portion of the City bounded by a line commencing at the point U.S. Highway 61/151 inter~ects the center line of E. 4th Sffeet, then proceeding westerly along the center line of E. 4th Street until it intersects the center line of Central Avenue, then proceeding southerly along Central Avenue until it intersects the canter line of W. 3rd St., then proceeding westerly along W. 3rd Street until it intersects the center line of Iowa Street, then proceeding southerly along Iowa Street until it intersects the center line of 2nd Street, then proceeding westerly along 2nd Street until it intersects the center line of tho alley between Iowa Surer and Main Street, then proceeding southerly along said alley undl it intersects 1st Street, then proceeding westerly along 1st Struet until it inU~rsects the center llne of the alley betwuen Main Street end Locust Street, then proceeding southerly approximately 195 feet along said alley until it intersects the boundary between City Lots 536 and 537, then proceeding easterly along the boundary between City Lots 536 and 537 across Main Street and along the boundary between Lots 8 and 8a in the Dubuque Harbor Company Addition Block 1. until it intersects U.S. Highway 61/151, then proceeding northerly along U.S. Highway 61/151 to its t~nt of origin. Section 2. That the foregulng amendmunt has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Pa~sad, appwved and adopted this 7th of December, 1992. Attest: Mary A. Davis City Clerk Kathryn E. Kr;.eg Mayor Pro-Tern Published officially in the Telegraph Herald newspaper this llth day of December, 1992. Mary A. Davis CMC It 12/11 City Clerk Council Member Voetberg moved final adoption of the Ordinance. Seconded by Council Member Nagin. Canied by the following vote: Yeas--Mayor Pro-Tern Krieg, Council Members Deich, Kluesner, Nagle, Nicbelsen, Voether8. Nays--None. Absent--Mayor Brady. Proof of Publication certified to by the Publisher on Notice of Public Hearing to amend Ordinance No. 43-91 which an~nded the PC District for Warren Plaza, presented and read. Them were no written objections received and no oral objectors present at the time of thc Heating. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Naghi. Carried by the following vote: Ycas---Mayor Pro-Tern Krieg, Council Members Delch, Kluusner, Naghi, Nicholsen, Voetberg. Nays--None. Absent--Mayor Brady. Larry Lang of tho Advanta Sign Co, endorsed the proposed change. An Ordinance providing for the Amend- ment of Ordinance No. 43-91 which ordinanun amended the PC Planned Commercial District for Warren Plaza, said Ordinance having been presented and read at the Council Meeting of 11-16-92, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 94-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE AMENDMENT OF ORDINANCE 43-91 WHICH ORDINANCE AMENDED THE PC PLANNED COMMERCIAL DISTRICT FOR WARREN PLAZA. Whereas, Clove Trust Rea/ty/lavestors, applicant, has filed an application for approval on an amended conceptual development plan in accordance with provisions of the PC Planned Commercial District regulations a.g set forth in Section 3- 3.8(D) of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission has held a public hearing on said application for 471 Regular Session, December 7, 1992 an amended conceptual development plan pursuant to required published notice; and Whereas, the Zoning Commission has approved said amended conceptual development plan subject to specific conditions and restrictions having found that said plan conforms with the review stsndards applicable to such plans as set forth in Section 3-3.8(D)(4) of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission recommends thc concurrence of the City Council and approval of said amended conceptual development plan; and Whereas the City Council has received the recommendation of the Zoning Commission and held its own public hearing on said amended conceptual development plan pursuant to required published notice; and Whereas, the City Council has approved said amended 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: Section I. That Ordinance No. 43-91 be amended by repealing Section 20g) iu regard to sign regulations and establishing a new Section 20g) in lieu thereof, as follows: (E) Signs Signs for this PC Planned Commercial District shall be regulated as follows. 1) Large tenants occupying over 7,000 square feet shall be pexmified up to 550 square feet of wall-mounted aignnge. The exit location of the allowable signage shail vary with each large tenant. 2) Shop tenants occupying 7,000 square feet or less shall be permitted a maximum wall- mounted sign area of two fe~t high multiplied by 75 percent of the lease hold width. In no event shall a shop tenant be permitted a sign area in excess of i00 square feet. Tho location of the maximum sign ama for shop tenants shall be centered v¢ificaily and horizontally on the wood fascia in front of the suite. 3) No exposedraceway, crossovers, conduits, conductors, transformers, etc., shall be permitted. All signs and their installation must comply with all local building and electrical co~s. No more than two rows are permitted for shop tenants. 4) Directional signs shall be permitted according to the standard C-3 local zoning regulations. 5) Maximum of one freestanding centar/tenant identification sign is allowed per premises with a maximum height of 44 feet and sign area of 660 square feet. Section 2. That the foregoing amendment has heretofore been reviewed by tho Zoning Commission of the City of Dubuque, Iowa. S~ction 3. That this ordinance shall take effect imesediately upon publication and shall not exclude any other provisions as previously established by ordinance for Warren Plaza PC Planned Commercial District. Passed, approved and adopted this 7th day of December, 1992. Kathryn E. Kring Mayor Pro-Tern Mary A. Davis City Clerk Published officinily in the Telegraph Herald newspaper this llth day of December, 1992. Mary A. Davis CMC It 12/11 City Clerk Council Member Voetberg moved final adoption of the Ordinance. Seconded by Council Member Naghi, Carried by the following vote: Yeas--Mayor Pro-Tern Krieg, Council Members Deich, Kluesner, Nngle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. Proof of Publication certified to by the Notice of Public Hearing to amend Zoning Oxdinance to establish for granting Special Exceptions, presented and read. There were no written objections received and no oral objectors prment at the time of the Hearing. Cotmnil Regular Session, December 7, 1992 472 Member Nngle moved that the proof of publication be received and filed. Seconded by Council Member Nichdison. Carried by the following vote: Yeas--Mayor Pzo-Tem Krieg, Council Members Doich, Kleesner, Nagle, Nichoison, Voetherg. Nays~Nonc. Absent--Mayor Brady. An Ordinance emending Zoning Ordinance by adding a new Section 5-3.30)) to allow Spedial Exceptions and adding a new Section 5-3.7 to establish procedures for granting Special Exceptions, first reading given on 11-16-92, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 95-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY ADDING A NEW SECTION 5- 3.3(1)) TO ALLOW SPECIAL EXCEPTIONS AND ADDING A NEW SECTION 5-3.7 TO ESTABLISH PROCEDURES FOR GRANTING SPECIAL EXCEPTIONS. 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 areended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, lows by enacting a new Section 5- 3.30)) to establish powe~ of the Board regarding special exceptions as follows: Section 5-3.3, General Powers 0)) Special Exceptions. To hear and decide applications for special exceptions to the terms of this Chapter, in accordance with the general regulations of the zone in which the property is located and specific standanis contaieed herein, Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known ss the Zoning Ordinance of the City of Dubuque, Iowa by enacting a new Section 5- 3.7 to establish a special exception procedure as follows: Section 5-3.7, Special Exception Precedme (A) Application. Any person owning property used solely for residential proposes may apply for a special exception from the literal enforcement of the bulk regulation requirements of this ordinance for the properly or sUucture involved. All applications for a special exception shall bc made on thc official form for such applications which shall be available without cost from the zoning admiaisl~ator. The applicant shall be rcqui~ed to supply all pelllnent itams of information containod on the official application form as a condition to review of such application. Review of thc applicadon for a special excepgon may be obtained by delivering a copy of tile completed application form to the zoning administrator toge~ber with payment of the required fee as specified in Section ? of this ordinance. Upon receipt of thc complelod forms and tbe required fee, the zoning adminisWator shall forthwith mmsmlt a copy of the completed form to the board, retaining thc original form as part of thc zoning adminisl~ator's permanent records. Prior to its review, the board may require the applicant for a speciai exception to supply any further information beyond that contained in the applicadon form where it reasonably considers such infc~ation necessary to make the determination. (B) Notice and recefing requirements, Following receipt of a completed application the board shall, with due diligence, consider such application at a pubilo meeting. The board shall direct and require verification that the applicant, or their agent has sent notice of the time and place of the meeting by first class mail to all owners of property abutting the property for which the special exception is sought, including property directly across the stzoot At the public meeting, all interested parties shall be afforded a ~.asonabhi opportunity to appear and express their views on the application, nithar in person or by agent A recc~d of such meeting shall be entered into the minutes of thc board. (C) Requirements for the granting of a special exception. The beard shall grant a special exception when thc applicant has shown that the following standards have been meet or are not applicable: 473 Regular Session, That the specific proposed exception will not be dettlmental to or endanger public health, safety, comfort, or general welfare. That the specific proposed exception will not be injurious to the use and eujoyrr~nt of other prope~y in tho immediate vicinity fo~ the purples already permitted, and will not substantially diminish and impair property values within the neighborhood. 3. That establishment of thc specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. 4. That adequate utilities, access wads, drainage and/other necessary facilities are being provided. 5. That, except for the specific exception being proposed, any structure shall in all other respects conform to the applicable regulations or standards of the zone in which it is to be located. (D) Conditions and restrictions attached to the granting of a special exception, In granting a special exception, the board may impose any conditions or restricllous it reasonably considers necessaxy to insure full compliance with tho standards of section 5- 3.7(C) of this ordinance, to reduce or eliminate any detrimental effect of the proposed special exception on the nnighbe~bood or the public welfare, or to can~ out the general pul~ose and intent of 0ds ordinance. Violation of such conditions and restrictions, when made a part of the terms under which a special exception is granted, shall be deemed a violation of this ordinance. (E) Decisions and records. The board shall render a written decision on an appli- cation for a special exception within sixty (60) days after the close of the public meeting. The decision of the board shall con~in specific findings of fact supporting the granting c~ daniul of the special exception and shall dearly set forth any conditions ct restrictions imposed pursuant to section 5-3.?(D) of this ordinance. The board shall maintain complete records of all action with respect to applications for a special exception. December 7, 1992 Section 3. That the above described ordinance amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. This ordinance amendment shall take effect immediately upon publication. Passed, approved and adopted this 7th day of December, 1992. Kathryn E. Kfieg Mayor Pro-Tom Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 14th day of December, 1992. Mary A. Davis CMC It 12/14 City Clerk Council Member Nagle moved that this be considered the second reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Couucil meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the OrdinanceI Seconded by Council Member Nichoison. Carried by the following vote: Yeas--Mayor Pro-Tom Krlag, Council Members Deich, Kluesner, Nagle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. PUBLIC HEARING Deferred from meeting of November 16, 1992. Communication of Acting City Manager providing additional information on the matter and requesting Council to provide Staff with direction regarding improvements to the Water Pollution Plant and authorize Staff ~o proceed with selling G.O. Bonds to support calendar year 1993 construction costs, presented and read. Council Member Kluesner moved to remove the matter from the table, Seconded by Council Member Deich. Can'ied by the following vote: Yeas--Mayor Pro-Tern Krieg, Council Members Deich, Kluesner, Nagle. Nicboison. Voetberg. Nays--None. Absent--Mayor Brady. Council Member Vcetberg moved that direction is given to proceed with plans to sell 3 Million Dollars O.O. Bonds and support reconun~ndafion of Consultant Seconded by Council Member Deinh. Canled by the following vote: Yeas--Mayor Pro-Tom gaiag, Council Members Dcich. Regular Session, December 7, 1992 474 Kluesner, Nagle, Nichoison, Vcotberg. Nays--None. Absent---Mayor Brady, Council n~ee~ecd at 9:02 p.m.; Council reconvened at 9:21 p.m. Communication of J. Steven Herman, President of Chamber of Commerce requesting that Rich Whitty, Chairman of the Chamber's Government Division, be allowed to present the position statement on the Highway 20 (Dodge Sixeet) Corridor Project in Dubuque, Iowa and requesting Council support, presented and read. Council Member Voetberg moved that the communication be received m~d filed and further, directed to signify support and forward same to IDOT. Seconded by Council Member Kluesner. Can-led by the following vote: Yeas--Mayor Pro-Ten I~:ieg, Council Members Deinh, Kluesner Nagle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. Petition of Carol Lynch requesting to address the Council regarding the Keyline Services and to consider change in the "Red Line" mute, presented and read. Council Member Voetberg moved that the petition be received and filed and directed that information be forward to the Transit Board. Seconded by Council Member Nagle, Carried by the following vote: Yeas--Mayor Pro-Tern Krieg, Coundl Members Deich, Kluusne~, Nagle, Nichoison, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Acting City Manager submitting an amended agreement with IDOT relating to transfer of jurisdiction to the City of portions of existing U.S. Highways 52~1/151, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kluusner. Carried by the following vote: Yeas--Mayor Pro-Thru Krieg, Council Members Dnich, Kluusn~, Nagle, Nicholson, Vcetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 351-92 RESOLUTION APPROVING AN AGREEMENT WITH TH~ IOWA DEPARTMENT OF TRANSPORTATION RELATING TO TRANSFER OF JURISDICTION OF PORTIONS OF EXISTING U.S. $21611151 Whereas, the Iowa Deparlment of Transportation is nearing compiellon of the U.S. Highway 61 construction project and Where., previous agreements with the Iowa Deparlment of Transportation provided for Usus fur ofjmisdiction of former highway routes to the City of Dubuque upon completion of the U.S. 61 Project; and Whereas, the City Council on November 2, 1992 adopted a resolution and approved a transfer of jusisdicfion for portions of U.S. 52/61/151; and Whereas, the Iowa Doparunent of Transportation has subsequently advised the Transfer of Jmisdiution Agreement contained an error in the amount of compensation to tho City, and that the compensation should be $50,300.00, in lieu of the $80,000.00 provided in the original agreement, NOW THEREFORE, BE IT RESOLVED BY TIfil CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a revised Agreement #93- TJ-004 with the Iowa Department of Transportation relating to the transfer of jurisdiction to the City of Dubuque of the following portions of U.S. 52/61/151 be approved: I. Locust Street, from the Locust Street Connector to 4th Street 2. 4th Street, from Locust S~xeet to White Street 3. Central Avenue, from 5th Street to 9th Street 4. 9th Sueet, from the east 911 Connector to Kerper Boulevard 5. Kerper Boulevard, from 9th/llth Street to 16th Street 6. 16th Sheet, from Kerper Boulevard to Cn~yhound Park Road Section 2. That Resolution No. 341-92 and the approval of the Transfer of Jurisdiction Agreement dated November 2, 1992 am hereby rescinded and said Transfer of Jurisdiction Agreement is null and void. Section 3. That the Mayor be authorized and directed to execute two copies of the revised agreement and forward the executed copies to the lows Department of Transportation for their approval. P~ssed, approved and adopted this 7th day of December, 199Z Attest: Mary A. Davis City Clerk Kathryn E. Krleg Mayor Pro-Tern 475 RegularSesslon, December 7, 1992 Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Klansner. Carried by the following vote: Yeas--Mayor Pro-Tern Krieg, Council Members Daich, Kluusner, Nagle. Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Ain~ort Commission requesting adoption of Ordinance for the regulation of airport parking, presented and med. Council Member Kluesner moved that the communication be mcnived and tiled. Seconded by Council Member Nagle. Carried by thc following vote: Ye~---Mayor Pro-Tern Krleg, Council Members Deich, Kluesner, Naghi, Nicholsoa, Vcetherg, Nays--None. Absent--Mayor Brady. An Ordinance amending Chapter 4 of the Code of Ordinances by repealing Sections 4- 21, 4-22, 4-23, 4-24, 4-25, 4-26, 4-27 and 4- 28 relating to the authority of the Airport Commission to regulate Airport Parking Lots and adopting in lieu thereof a new Section 4- 21 relating to the authority of tho Airport Commission to regulate Airlx~ Parking Lots, pmseated and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 96.92 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 4-21, 4-22, 4-23, 4-24, 4-25, 4-26, 4-27, AND 4- 28 RELATING TO THE AUTHORITY OF THE AIRPORT COMMISSION TO REGULATE AIRPORT PARKING LOTS AND ADOPTING IN LIEU THEREOF A NEW SECTION 4-21 RELATING TO THE AUTHORITY OF THE AIRPORT COMMISSION TO REGULATE AIRPORT PARKING LOTS. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Tho Cede of Ordinances of the City of Dubuque, Iowa, is amended by repealing Sections 4-21, 4-22, 4-23, 4-24, 4- 25, 4-26, 4-27, and 4-28 and adopting in lieu tbemof the following new Section 4-21. "Section 4-21, Parking Lots. (1) Tho Airport Commission is authorized and directed to establish parking rules and regulations for the parking lots at the Dubuque Regional Airport. (2) The Airport Commission shall establish and designate by suitable markings, parking spaces and t~affl¢ lanes on airport parking lots. It shall be unlawful to park any motor vehicle in such a position that the same shall not be entlmiy within such marked parking space or to park in other than marked parking spaces. (3) The Airport Commission is authorized to establish parking fees at the ni~ort. It shall be unlawful for any person to park at the airport without paying the established parking fee." Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 7th day of December, 1992. Kathryn E. Krieg Mayor Pro-Tern Attest: Ma~, A. Davis City Clerk Published officially in the Telegraph Herald newspaper this llth day of Decemharf 1992. Mary A. Davis CMC 1 t 12/11 City Clerk Council Member Kluesnor moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ocdinance be conaidemd 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 edoption of the Ordinance. Seconded by Council Member Nagin. Carried by tho foBowing vote: Yeas--Mayor Pro-Tem Krieg, Council Members Deich, Kluesuer, Nagin, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. Commuuication of Ai;,port Commission requesting adoption of an Ordinance providing fc~ the regnimion of renmi cars by firms operating off-airport, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Pro-Tern Kfieg, Council Members Deich, Kluesner, Nagle, Nicholson, Voetherg. Nays--None. Absent--Mayor Brady. An Ordinance amending Chapter 4~of the Code of Ordinances by adopting a new Regular SeSsion, DeCember 7, 1992 476 Secilon 441 relating to Off-A~ Car Rental Business, pmuentod and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 97 - 92 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADOPTING A NEW SECTION 4-11 RELATING TO OFF-AIRPORT CAR RENTAL BUSINESS; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by adopting the following new Section 4-1 l: "Secdon 4-11. Off-airport Car Rental Business. No person operating a car rental business shall pick up a person at the ni~port for tho purpose of renting to such person a car or other motor vehicle without a prior written agmemsnt with tho Airport Commission to conduct such car rental business. Section 2. This ordinance shall take effect upon pubilcedon. Pusscd, approved and adopted this 7th day of December. 1992. Kathryn E. Kfleg Mayor Pro-Tern Attest: Mary A. Davis City Clerk Published officinlly in the Telegraph Herald newspaper this llth day of December, 1992. Mary A. Davis It 12/11 City Clerk Council Member Kluesner moved that this be conaidered the first reading of the Ordinance, and that thn requirement that a proposed Ordinance be considered and voted on for passage at two Council mecilngs prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Pro-Tern Krieg, Council Members Dnich, Kluesner, Nagin, Ninholson, Voetberg. Nays--None. Absent--Mayor Brady. Commu~catlon of Acting City Manager requesting Counoil approval to accept conveyance of real estate located at 683 Angalla S~et, presented and read. Council Member Voetberg moved that the communication be received and flied. Seconded by Council Member Nicholson. Canied by the following vote: Yeas.--Mayor Pro-Tern Kring, Council Members Deich, Kluesuer, Nagla, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 352.92 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY LOCATED AT 683 ANGELLA STREET, DUBUQUE, IOWA, TO THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque has agreed to purchase the following legally-described real property: The Eustefly Thirty-Eight feet (E38') of Lot Twenty (20) of Quigley's Subdivision of Out Lots 712 & 711 in the City of Dubuque in the County of Dubuque, Iowa, a~cording to the recorded plat thereof; ~om Patricia L Kaune, Maquoketa, Iowa; and Whereas, Patficia L. Kauan has dellvemd to the City a Warranty Deed naming the City of Dubuque, Iowa, as holder of all rights, lido and interests in said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, Tho City Council of the City of Dubuque, Iowa, bemby approves of, accepts and consents to the conveyance of the above-described property and the Warranty Deed from Panicle L. Kaune, attached hereto. Section 2. The City Clerk is hereby authorized and directed to cause mid Wmranty I~ed to be recorded in thc office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 3. The City Clerk is hereby directed to fonvaxd a copy of this Resolution to the Dubuque County Assussc~ and the Dubuque County AudiUx". 477 Regular Session, December 7, 1992 Passed, approved and adopted this 7th day of December, 1992. Kaflu'yn E. Kfing Mayor Pro-Tem Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nichoison. Carried by the following vote: Ye~s--Mayor Pro-Tern Kfing, Council Members Deich, Kinesner, Nngle, Nicholsoa, Voetberg. Nays--None. Abs~nt--Muyor Brady. Communication of Acting City Manager requesting approval to file a Certified Local Government (CLG) Histo~c Preservation Grent-In-Aid application with thc Stats Historical Society of Iowa, presented and read. Council Member V~tberg moved that the communication be received and filed. Seconded by Council Member Nieholson. Caffied by the following vote: Yeas--Mayer Pro-Tern Ir~qeg, Council Members Duich, Kluesn~r, Nagle, Niohoison, Vontberg. Nays--None. Absent--Mayor Brady. Gaff Nanghton reques~t approval of tho documents. RESOLUTION NO. 353-92 A RESOLUTION AUTHORIZING TH~ FILING OF A CERTIFIED LOCAL GOVERNMENT (CLG) HISTORIC PRESERVATION GRANT-IN-AID APPLICATION WITH THE STATE HISTORICAL SOCIETY OF IOWA Wherea~, the U.S. Department of the Interior, in cooperation with the National Park Servic*, has made grant funds available to Ccrdfied Local Government~ to assist in the development and implementation of a variety of historic proservadon activities; and Where,, the City of Dubuque, Iowa obtained status as a Certified Local Government on August 26, 1985, and, a~ such, is eligibhi to apply for said grant funds; and Where. aa, the Historic P~esgvation Commission is interested in deveinpIng a public cdueadon program designed to spark renewed interest in, and knowledge of, local pre~etvadon a~fivities; and Whereas, the City Council of Dubuque, Iowa, has considered said prOlmaal and has determined that it will enhance thc community's awareness of tho economic, social and cuiteml benefits of ifistorlc )~$ervafion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tho filing of an application for funding for the development and implementation of a community-wide historic presort'etlon educational program ti~ongh the Certified Local Government Historic Preservation Grant-In-Aid Program is approved. Section 2. That the Mayor and the Acting City Manager a~ hereby authorized to .xe~ute and submit said appilcatiou to the State Historical Society of Iowa, together with such docurnent~ aa may be required. Passed, approved and gdoptad this 7th day of December, 1992. Kathryn E, Krieg Mayor Pro-Tam Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of tho Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Pro-Tern Krieg, Council Members Deich, Kluesner, Nagle, Niohoisoa, Voetberg. Nays--None. Absent--Mayer Brady. Communication of Acting City Manager submitting an ordinance relating to the issuance of certificates by thc Historic Preservation Commission, presented and read, Council Member Voctberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Pro-Tern ILdeg, Council Members Dnich, Kluesner, Nngle, Nicholann, Vocthorg. Nays--None. Absent--Mayor Brady. An Ordinance amending Section 25-8 of the Code of Cxdinances by adding new subsections (e) and (0 relating to Historic preservation Certificates, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 98-92 AN ORDINANCE AMENDING SECTION 25-8 OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING NEW Regular Session, December 7, 1992 478 SUBSECTIONS (e) AND (f} RELATING TO HISTORIC PRESERVATION CERTIFICATES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 25-8 of the Code of Ordinances of the City of Dubuque be amended by adding new Subsections (e) and (0 as fofinws: "(e) The transfer of a determination of no material effect, certificate of appropxiateness or certificate of economic hardship from one structure, improven~nt or site to prohibited. (f) Each determination of no matesial or certificate of economic hardship article shall expire and become null demolition or excavation for which Section 2. This Ordinance shall take Pa~sed, approved and adopted this 7th day of December, 1992. KatinTn E. Kring Mayor Pro-Tern Attest: Mary A. Davis City Clerk Published officlaBy in the Telegraph Herald newspaper this llth day of December, 1992. Mary A. Davis It 12/11 City Clerk Council Member Voetberg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Cmried by the following vote: Yeas--Mayor Pro-Tarn Krieg, Council Members Deich, Kluesner, Nagle, Nicholsoa, Voetberg. Nays--None. Ab~ent--Mayor Brady. Approval of an Employment Agreement between the City of Dubuque and Michael C. Van Milligen, new City Manager, and directing the Mayor to exanule on behalf of the City of Dubuque, Iowa, presented and reed. Council Member Voetherg moved that the Employment Agreement be approved and Mayor directed to execute on Council's behalf. Seconded by Council Member Nicholson. Carded by the following vote: Yeas--Mayor Pro-Tom Krieg, Council Members Kinesner, Naghi, Nichoison, Voetberg. Nays--None. Absent--Mayor Brady. Abstain--Council Member Dcich. Communication of Acting City Manager advising of an emergency repair needed duo to the recent damage of the Ice H~bor fioodwnil gates, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Nicholson. Ca.,xied by the following vote: Yca~--Mayor Pro-Tom Kdeg, Council Members Duich, Kinesner, Nagle, Ninholson, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 354.92 Where~, thc north comer of the Ice Harbor floodwail gate structure has recenfly been damaged as a lesult of being struck by the Casino Belle; and Wbere~, it is necessary for the City to enter into a contract to ropalr thc damage; and Whereas, it is necessary that the repair work be initiated immediately due to the onset of cold weather, and that the repair must be completed pfi~x to March 15, 1993. NOW, THEREFORE, BE IT RESOLVED BY Tile CITY COUNCIL OF THE CITY OF DUEUQUE, IOWA: Section 1. That the delay of a public heating and public letting could cause serious financial loss to the City of Dubuque. Section 2. That the City Council deems the emergency repair of the Ice Harbor gate smanture to be advisable and necess~xy for the public welfare. Section 3. That tho Acting City Manager is hereby authorized and directed to enter into a conlxact with Jim Schroeder 479 Regular Session, December 7, 1992 Construction, Inc. in the amount of $41,792.00 for the necessary repairs. Passed, approved and adopted this 7th day of December, 1992. Kathryn E. Kriag Mayor Pro-Tern Attest: Mary A. Davis City Clerk Council Member Klansner moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the foliowiag vote: Yeas--Mayor Pre-Tern Kdag, Council Members Daich, Kinesnur, Ninhnison, Vcetberg. Nays--None. Abstain--Council Member Nagle. Absent--Mayor Brady. Communication of Greater Dubuque Development Corporation ((3DDC) re. questing Council's support regarding the potential expansion and location of a Younkers, Inc. Distribution Center, presented and read. Council Member Vcetberg moved that the communication be received and filed. Seconded by Council Member Kluesnar. Carried by the following vote: Yeas--Mayor Pro-Tem Kriag, Council Members Deich, Kluesanr, Nagln, Nicholsun, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 3S5-92 RESOLUTION OF INTEREST AND SUPPORT FOR LOCATION OF A YOUNKERS, INC., DISTRIBUTION CENTER IN DUBUQUE, IOWA Wbe~as, the City Council of the City of Dubuque desires to continue its strong partnership with the Greater Dubuque Development Corporation and others to expand and diversify the local economy; and Whereas, the City of Dubuque has been a leader in packaging innovative and effective finance resources in cooperation with both private and poblin sectors; and Whereas, the City Council wishes to recognize and recommand the quality and productivity of our labor force. NOw, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City of Dubuque does hmeby encourage and support the efforts that would cause Younkers, Inc., to locate a rn~rchandis¢ distribution center in our community. Section 2. That the City of Dubuque is of Younkers, Inc., to iuldate proceedings required to assemble all available and appropriate public resources to assist the company in its efforts to lccate in the community. Section 3. That the City Clerk is anthorlz~d and directed to forward a copy of this resolution to Yonnkers, Inc. Passed, approved and adopted this ?th day 1992. Kathryn E. Krlag Mayor Pro-Tem Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of tho Resolution. Seconded by Council Member Kluesner. Carried by the following vote: yeas--Mayor Pro-Tem Kriag, Council Members Deich, Kluesnur, Nagin, Nicholson, Voetberg. Nays--None. Ab~ent--Mayor Brady. Communication of Acting City Manager recommending approval for the placement of a "no parking" zone on the north side of Keyway Drive and thc east side of Woodland Drive, and an ORDINANCB Amending Code of Ordinances by adding to subsection (d) of Section 32-262 thereof [ for the prohibiting of parking on the North side of Keyway Drive from John F. Kennedy Road to Woodland Drive and on the East side of Woodland Drive from Keyway Drive to Foothill Road, presented and read. Council Member Ninholson moved that the communication and Ordinance bo tabled to the Council Meeting of 12-21-92. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Pro~Tern Kaiag, Council Members Deich, Kluesner, Nagle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Acting City Manager approving request from Midwest Oas to three moditoting wells within die sight-of-way of Dodge Street, and read. Council Member Klueaner moved that thc communication be received and iliad. Seconded by Council Member Nagle. Carried by tho following vote: Yeas--Mayor Pro-Tem Kriag, Council Membeis Deich, Kluesanr, Nagin, Ninholson, Regular Session, December 7, 1992 480 Voetberg. Nays-None. Absent-*Mayor Brady. An Ordinance authorizing Midwest Gas/a division of Midwest Power Systems, Inc. to construct one cluster of three (3) monitor wells, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 99-92 AN ORDINANCE AUTHORIZING MIDWEST GAS, A DIVISION OF MIDWEST POWER SYSTEMS INC. TO CONSTRUCT ONE (1) CLUSTER OF 3 MONITOR WELLS NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Midwest Oas as owners of the promises known as 10 Bluff Street, Dubuque, Iowa, and bo and they are hereby granted the revocable permit and authority to construct and maintain one (1) cluster of conditions set for in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by pennittees and approved by thc City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittces' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said monitor well dlastcr; and b. Pay on behalf of the City of Dubuque, all sums wMch the City of Dubuque shall becoms obligated to pay by lvason of thc liability imposed upon the City of Dubuque for damages of any kind resulting from the Icealiun, installation, existence, construction or maintenance of said monitor well cluster sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of monitor well cluster and to pay reasonable attorney fees therefor, and c. Indemnify, defend and hold thc City of Dubuque free and harmless from any and all claims, loss, liability and expense fo~ death and/or injuries to third persons or damages to property of third persons, or fur damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and ~epalr of the facility, work or improvement permitted herein. Section 4. That the pern~ssinn hesein granted is expressly conditioned upon permiUces' further agreement that should the right and privilege herein granted bo rescinded or revoked by the City Council, permittces, or their successurs in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said monitor well cinster and in the event of their failure an to do, the City of Dubuque shall be authorized to remove said monitor well cluster at permittces' expense and dispose of the same, and the permlV, ec shall have no claim against the City er its agants fur damages resulting from the removal of said monitor well cluster. Section 5. That permittees covenant and agree that the revocable permit hezein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said pemtitteea hereby covenant and agree not to asse~t such claim ur defense against the City of Dubuqu~ in the event of claim asserted for death, personal injuries and/or property damage against the parmittens arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6, T~is Ordinance shall become effective and the rights haranndar accrue to Midwest Gas when this Ordinance has been adopted by the City Council and thc terras and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance, 481 Regular Session, December 7, 1992 Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expanse a copy of this Ordiunncc in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of December, 1992. Kathryn B. Kriag Mayor Pro-Tern Attest: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 99-92 The undersigned having read and bring familiar with the terms and condillons of Orulunnce No. 99-92 hereby, for themselves, their suceessors or assigns, as owners of the abutting property, accept the same and agree to be hound by thc conditions and agreements therein contained to be performed by permittees. By: Robert R. Buschhom Title: Environmental Project Mgr. Dated: 11/30/92 Published officially in the Telegraph Herald newspaper this 14th day of December, 1992. Mary A. Davis CMC It 12/14 City Clerk Council Member Klunsner moved that this be con,dared thc first xeading 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 fm~ber moved final adoption of the O~dinance. Seconded by Council Member Nagin. Carried by thc following vo~c: Yeah--Mayor Pro-Tern Kficg, Council Members D¢ich, Kluesner, Nagle, Nicholson, Voctberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 356-92 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply v.4th the Ordinances of this City and have Bled proper honds. NOW, TI IEREFORE, BE rF RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Mole Off Company Big "10" Mart Sunday Sales 9th Central Iowa Oil Co. IOCO Spaede Shoppe Sunday Sales 2150 Twin Valley Rd Passed, approved and adopted this 7th day of December, 1992. Attest: Mary A. Davis City Clerk Council Member Kathryn E. Kfiag Mayor Pro-Tern adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Pro-Tern Krieg, Council Members Deich, Kluesner, Nagle, Ninholson, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 357-92 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 thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Design Center, Inc. Julien Ina Sunday Sales 200 Main St. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE T & M, Inc Marie's ItelianRestfLounge Sunday Sales 1298 Main Billy Buck's Inc. Billy Buck's East St. Tap Sunday Sales 521 E. 22nd Regular Session, December 7, 1992 482 Instant Replay, Inc. Sunday Sales David H. Hoffman Instant Replay 1602 Central The White House 450 W Locust Passed, approved and adopted this 7th day of December, 1992. Attest: Mary A. Davis City Clerk Council Member Kath~yn B. Kfieg Mayor Pro-Tom adoption of the Resolution. Seconded by Council Member Nichulson. Carried by the following vote: Yeas--Mayor Pro-Tern Kfiag, Council Members Doich, Kluesner, Nagle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Acting City Manager submitting documents providing for public bidding procedures for thc reconstruction of a sanitary sewer on Lincoln Avenue between Humholdt Street and Farley Stseet, presented and read. Council Member Voctberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Pro-Tern Krieg, Council Members Dutch, Kluesner, Nagle, Nicholson, Voctherg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 358.92 PRELINIINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specificatlo~s, form of contract and estimated cost for the Lincoln Avenue Sanitary Sewer Reconstruction from Humholdt Street to Farley Street, in the estimated amount of $61,888.95, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7th day of December, 1992. Attest: Mary A. Davis City Clerk Kati~ryn E. Y~ag Mayor Pro-Tem Council Member Voetberg moved adoption of the Resointiog Seconded by Council Member Naglc. Carried by thc following vote: Yeas--Mayor Pro-Tern Krleg, Council Members Deich, Kluesocr, Nagle, Nicholson, Voetberg. Nays--None. Ab~ent--Mayor Brady. RESOLUTION NO. 359-92 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Lincoln Avenoc Sanitary Sewer Reconstruction from Humholdt Street to Farley Street. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 21st day of December, 1992, a public heating will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvemenl, and the City Clerk be and is hereby directed to cause a notice of time and place of such heating to be published in a newspaper having general circulation in the City of Dubuqun, Iowa, which notice shall be not less than four days nor more than twenty days I~or to the day fixed for its cortslderadon. At the heating, any interested person amy appear and file objections to the proposed plans, apeulfications, contract, or estimated cost of tho improvement. Passed, adopted and approved this 7th day of December, 1992. Kathryn E. Kriag Mayor Pro-Tem Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Pro-Tern Faleg, Council Members Dalch, Kluesner, Nagle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. 483 Regular Session, December 7, 1992 RESOLUTION NO. 360-92 ORDERING BIDS NOW TI~REFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Lincoln Avenue Sanitary Sewer Reconstruction from Humboldt Street to Farley Street is hereby ordered to bo advertised for bids for conslxuedon. BE IT FURTHER RESOLVED, that the amount of the ~eeurity to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications beretofore adopted. That the City Clerk is hereby directed to advertise fur bids for the construction of the improvements herein provided, to be published in a newspaper having geueral circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bide at 2:00 p.m. on the lSth day of December, 1992. Bids shall be opened and read by the City Clerk at snid time and will be submitted to the Council for final action at 7:30 p.n~ on the 21at day of December, 1992. Passed, adopted and approved this 7th day of December, 1992. Kathryn E. Kriag Mayor Pro~Tem Attest: Mary A. Davis City Clerk Council Member Voetberg moved adopllon of the Resolution. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Pm-Tern Krleg, Council Members Deich, Kluesner, Nagle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. MINUTES SUBMITTED -- Airport Commission of 10~9 & 10-26; Cable TV Rngalatoty Commission of 11-19; Civil Ser~ine Commission of 10-26; Five Flags Commission of I 1-16; Housing Commission of I1-10; Housing Code A__m~eals Bc~rd c,f 1 i-i 7; investment Overagbt Commission of 11..4; Library Board of Trustees of 11-19; Mechunicai Board of 11-17; Plumbing Board of 11-23; Zoning Commission of 11-4, presented and read. Council M~mber Voetbe~g moved that the minutes be received and filed. Seconded by Council Member Nagle, Carried by the following vote: Yeas--Mayor Pro-Tern l~ag, Council Members Ddich, Khiesner, Nagle, Nicholson, Voatberg. Nays--None. Absent--Mayor Brady, Communication of Human Rights Commission Chairperson submitting their 1992 Annual Report, pmsentad and read. Council Member Voetberg moved that the communication and report be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Pro-Tern Kring, Council Members Kluesner, Nagle, Nicholson. Voetberg. Nays---Council Member Deleh. Absent--Mayor Brady. Communication of Acting City Manager submitting the FY '92 Planning Services Division Annual Report, presented and read. Council Member Voetberg moved that the communication and report bo mceived and filed. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Pro-Tern Kring, Council Members Deieh. Kluesner, Nngle, Nieholson, Voetberg. Nays--None, Absent--Mayor Brady. NOTICES OF ClaIMS/SUITS -- Tom Asbenbrenuer in unknown amount for property damages; Dawn Brditbach in estimated amount of $574.05 for vehicle damages; Bernadette A. Hilby in unknown amount for personal injuries; William Klecker, in unknown amount for personal injuries; Carol Paul in unknown amount for personal injuries; Mary Spinlman ia unknown amount for parsonai property lOSseS and injuries, presented and red. Cotmcil Member Voetberg moved that the cia/ms and suits be referred to tho Legal Staff for investigation and repart. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Pro-Tern Krlng, Council Members Delch, Kluesner, Nagle, Nicholson, Voetberg. Nays--None. Absent Mayor Bredy. Communication of Corporation Counsel recommending settlement of car damage claim of Charins F. Berwanger in the amount of $157.02, presented and mad. Council Member Voetberg moved that the settlement be approved and Finance Director to issue proper check. Seconded by Council Member Nag!e. C~ed b7 :k~ f, Ak~w~.E Yeas--Mayor Pro-Tern Falng, Council Members Deich, Kluesuer, Nngle, Nicholson. Voetberg. Nays--None. Absent--Mayor Brady. Communications of Corporation Counsel advising of refenlng following clairfls to Regular Session, December 7, 1992 484 Crawfoad & Company, the agent for the Iowa Communities A~surance Pool: Personal injury of Dorothy Angustin; Personal injmy of Alice M. /ack; Property damage of Nila Scott; Car Damage of Hiromi Yamada, presented and read. Council Member Voetbotg moved that the communications be received and flied. Seconded by Council Member Nagin. Carded by the following vote: Yeas~Mayur Pm-Tam l~ieg. Council Membe~ Duich, Klueanes, Nagle, Nichohan Voetberg. Nays--None. Absent--Mayor Brady. Curnmunication of Ga~ Newt objecting to requirement of necasaary permit to enter the fenced area at the Dubuque Regional Airport, pre~ntad a~d read. Council Member Vuetberg moved that the communication be ~eferred to the Airport Commission. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Pro-Tern Kriag, Council Members Deich, Kluesner, Nagle, Ninholsan, Voetberg. Naya--None. Absent--Mayor Brady. Communication of Acting City Manager submitting Financial Report fur the month ending October 31, 1992, presented and read. Council Member Vo~tberg moved that the communication be received and Bled. Seconded by Council Member Nagle. Carried by the following vote: Yesz--Mayor Pro-Tern gring, Council Members Ddich, Klueanes, Nngbi, Ninholann, Vo~tberg. Nays--None. Absent--Mayor Brady. Communication of Edward $oyce objecting to renter policy for residents of Ecumenical Tower, presented and read. Cmmeil Member Voetberg moved that the communication be received and fried. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Pro-Tem Kriag, Counci! Members Deich, Kluesncr, NagIe, Nicholson, Vactbctg. Nays--None. Absent--Mayor Brady. Commanlcallon of Rebecca Robbins submitting her resignation from the Human Rights Curnmisaion and communication of Wi~am Herrig submitting his resignation from the Building Cede Advisory and Appeals Board effective November 30, 1992, presented and rea& Counc~ Member Voctberg moved ~at the communicafionz be received and f'riad and resignations accepted with rngrec Seconded by Council Member Nagin. Canind by the following vote: Ycaz--Mayor Pro-Tom Y~ing, Council Members Deich, Khiesner, Nngle, Nicholson, Voetberg~ Nays--None. Absent---Mayor Brady. Communication of Department of Economic Development advising of the release of funds for the City's HOME Program ns of November 6, 1992, presented and mad. Council Member Voetherg moved that the communication be received and flied. Seconded by Council Member Naghi. Carried by the following vote: Yea~---Mayor Pro-Tern Krlag, Council Members Deich, Kluesner, Nag}e, Nieholson, Voetborg. Nays--Noue, Absent--Mayor Brady. Communication~ of Richard L. Dally requesting further information mgardlng the development of Lotus Estates, presented and reed. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Pro-Tern Kring, Council Members Ddich, Khiesner, Nagbi, Nicholsan, Voetherg. Nays--None. Absent--Mayor Brady. Communication of Dubuque County Board of Supervisors submitting copies of resolutions approved by them and forwarded to the Department of Transportation, making recommendations for the Federal Functional Classification system, presented and read. Council Member V~etberg moved that the communication be received and Bled. Seconded by Council Member Nnghi. Canied by the following vote: Yeas--Mayor Pro-Tern Krieg, Council Members Deieh, Klueaner, Nagle, Ninholson, Vuetherg. Nays--None. Absent--Mayor Brady. Communication of Dubuque County Board of Supervisors submitting copy of their resolution approving the transfer of the MarJo Quarry Road to the City of Dubuque, presentM and ~.~ad. Council Member Voetbe~g moved that the communication be referred to the City Manager. Seeoaded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Pro-Tern Kring, Council Members Ddich, Kluesner, Naghi, Nieholson, Voetberg. Nays--None. Absent--Mayur Brady. Communication of David Leilker submitting various traffic concerns and requesting Coancfl to review and respond to tbes~ c..o~cems, presented and read. Counell Member Voctberg moved that communicatiou be referred to the C~ty Manager. Seconded by Council Member Nngle. Carried by tho following vote: Yeas--Mayor Pro-Tern IGing, Council Members Deich, Kluesner, Nngle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. 485 Regular Session, December 7, 1992 Communication of Acting City Manager requesting Council approve Final Plat of Idlebrook Estates located East of Rockdalc Road, presented and rend. Council Member Voetbevg moved that thc communication be received and filed. Seconded by Council Member Nagie. Carried by the following vote: Yeas--Mayor Pro-Tern Krieg, Council Members Deich, Kluesner, Nagia, Nicholson, Voetherg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 361-92 A RESOLUTION APPROVING THE FINAL PLAT OF IDLEBROOK ESTATES IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Idlcbrook Estates in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Idiebrook Court, together with certain public utility and storm sewer easements which the Owners by said final plat have dedicated to the public forever, and Whereas, said final plat has been found to comply with the preliminary plat approved by the Zoning Commission and had its approval endorsed thereon subject the owner(s) agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed; and Whereas, the City Council concurs in the conditions of approval established by the Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedicetioas of Lot A (Idiebrcok Cour0, together with the easements for public utilities, and storm sewer as they appear upon said final plat, be and the sarn~ ere hereby accepted; and Section 2. That the plat of Idlebrook Estates is hereby approved and the Mayor and City Clerk are hereby authorized and di~cted to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the ownur~ of said property herein namod, execute their written acceptance hereto attached agreeing: a. To reduce ldinbrook Court to grade and to conslrect concrete curb and gutter and to hard surfaco with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standaxd specifications; all in a manner acceptable to the City Engineer and in conformance with construction improvement pians approved by the City Engineer. b. To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boubiv0.rd street.lighting and erosion control devices ail in accordance with the City of Dubuque standard specifications and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. c. To construct sa/d improvements, except sidewalks, prior to one year from the date of acceptance of this resolution, at the sole expense of the subdivider, as owner, or future owner, To maintain the public improvements, execpt sidewalks, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the subdivider, as owner, or future owner; To construct sidewalks in accordance with the reqalrewents of Section 42- 24(e) of the City Code, specifically: Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of- way. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks instailcd upon development of 80% of the lots approved by the plat. Regular Session, December 7, 1992 486 f. To provide the nec~sasy easements and piping for saniuay sower and water sexvice laterals for improvements to Lot 14. And further provided that said Randy Stecber, as owner of said property, shall secure the performance of the foregoing conditions provided in Section 2 by providing security in such form and with such sureties az may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. That in the event the owner shall fail to execute the acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the date of the Re. sointion, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective, Passed, approved and adopted this 7th day of December, 1992. Kathryn E. Krieg Mayor Pro-Tern Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 361-92 I, the undersigned, Randy Stecber, having rend the terms and conditions of the Resolution No. 361-92 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of _, 1992. By (Not Signed) Randy Stecher To: Mary A. Davis City Clerk This is to certify that the necessary security required for the foregoing Resolution No. 361-92 has been properly filed. Dated at Dubuque, Iowa, fl~ ~ day of ~ 1992. (Not Signed) City Manager Council Member Voetherg moved adoption of tho Resolution. Seconded by Council Member Nagle. Carried by thc foilowing vote: Yeas---Mayor Pro-Tern Krieg, Council Members Deich, Kluesner, Nagie, Nicholson, Vcotberg. Nays None. Absent--Mayor Brady. Communication of Acting City Manager requesting approval of levy of special assessments for sidewalk repairs which were performed by tho City as part of thc 1992 Sidewalk Inspection and Repair Program, presented and mad. Council Member Voctberg moved that the communication be received and ftied. Seconded by Council Member Nagie. Carried by the following vote: Yeas--Mayor Pro-Tern Krieg, Council Members Deich, Kluesner, Nagie, Nichohion, Voethe~,g. Nays--None. Absent--Mayor Brndy. RESOLUTION NO. 362-92 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR 1992 SIDEWALK REPAIRS 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 THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of thc final schedule of assessments and accompanying plat showing thc assessments proposed to be made for the 1992 Sidewalk Repairs which final plat and schedule were Fried in the office of thc City Clerk on tho 2nd day of December, 1992, that snid schodeio of assessments he and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties beaefitted by tho improvements as shown in tho schedule, subject to the provisions of Section 384.63, Code of Iowa~ Said assessments against said lots am hereby declared to be in proportion to tho speeini 487 Regular Session, December 7, 1992 benefits conferred and not in excess of twenty-five percent of the value of same. Assessments of $100.00 or more are payable in 5 equal annual installments, with interest on the unpaid balance, ail as provided in Section 384.65, City Code of Iowa. Conditional deticiency assessments, if any, may be levied against the applicable property for the same period of years as the assessments are made payable. Assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the fa'st publication of this notice of the tiling of the final plat and schedule of asscssmcots with thc County Treasurer. Unless said assessments 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 the work) computed m · the December 1st next following the due dates of the respective installments. Each installment will be delinquent on September 30th following its due data on July 1st in each year. Pmpany owanr~ may elect to pay any annual installment semiannually in advance. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not mom than fifteen days from tho date of filing of the final schedule. The City Clerk shall also send by certified mail to property owners whose property is subject to assessment a copy of said notice, and mailing to be on or before the date of the second publication of the notice, ail as provided and directed by Section 384.60 of the Code of Iow~. Passed, approved and adopted this 7th day oI December, 1992. Attest: Mary A. Davis City Clerk O .Wi'~.~R DESCRIPTION Kathryn E. Krieg Mayor Pro-Tern ASSESSMENT Lot 2-1-1-1-1-1-1 ML 342 Frederick H. Becket Lot 1-2~1-1-1-1-1 ML 342 Fischer Investment Co. $1,151.80 $125.37 N. 64' of CL 662A Charles L. Egethof $234.39 E. 115' of L760 A. McDaniels Sub. William W. Love $254.38 A McDaniels Sub S1/2 L 769A Delmer E. Scales $558.73 L 237 Woodlawn Park Loren M. Hermid $221.90 L4 & N 25' of L3 B1 Hillcrest Park Rebecca A. Comer $127.19 L11 BI Hillcreat Park George F. Pail, Jr. $90.85 L7 St. Mary's Place #2 H & R Properties $317.66 L2 & L3 of Lots 10 & 11 Codieys Sub. Ellen T. Henkals $218.04 L4 of Lots 10 & 11 Coohiys Sub. John Rettenmeier $254.38 LI NW 41.9 LIS Cooleys Sub. Tins Marie Hess $90.85 L2 NW 41.9 L13 Coohiys Sub. Carl W. Heathcote $359.94 Trceks Booth St. Lot 2 Council Member Voetherg moved adoption of the Resolution. Seconded by Council Member Naghi. Carded by the following vote: Yeas--Mayor Pro-Tern Kfieg, Council Members Deich, Kluesner, Nagle, Nioholson, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Acting City Manager recommending acceptance of construction of lnwood Avenue Sanitary Sewer Extension, presented and read. Council Member Voetbe~g moved that the communication be received and filed. Seconded by Council Member Nagle. Can/ed by the following vote: Yea,~-Mayor Pro-Tern Krleg, Council Members Doich, Kluesner, Nagle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO, 363-92 ACCEPTING IMPROVEMENT Whereas, the contract for the Inwood Avenue Sanitary Sewer Extension has been completed and the City Manager has examined the work and filed his certificate stating that the san~ has been completed according to tho terms of the contract, plans and spehifications and recommends it acceptance. [ Regular Session, NOW TIIEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIIE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that ~aJd improvement be and the same is hereby accepted. BE IT FURTIIFJ[ RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Sanitary Sower Construction Fund in amount equal to the amount of his contrach less any retained percentage provided for fl~erain. Passed, approved and adopted this 7th day of December, 1992. Kath~yn E. Krieg Mayor Pro-Tern Attest: Mary A. Davis City Clerk Council Member Voatbe~ moved adoption of the R~olution, Seconded by Council Member Nagle, Carried by the following vote: Yeas--Mayor Pm-Tern Krieg, Council Members Dalch, Khiesner, Nagle, Nieholson, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 364-92 FINAL ESTIMATE Whereas, the contract for the Inwood Avenue Sanitary Sewer Extension has been completed and tho City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW T~OP, E, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby detenniand to be $146,244.49 and the said amount shall be paid from the Sanitary Sewer Construction Fund of the City of Dubuque, low*. Section 2. That $79,571.88 of the cost thereof shall be assessable upon private property and $66,492.61 shall be paid from Sanitary Sewer Construction Fund. December 7, 1992 488 Passed, approved and adopted diis 7th day of December, 1992. Kathryn E. Ksieg Mayor Pro-Tern Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Naghi. Carded by the following vote: YeaS--Mayor Pro-Tem Krieg, Council Members Deich, Kluesner, Naglo, Nicholson, Vnetberg. Nays--None. Absent--Mayor Bnuty. RESOLUTION NO, 365-92 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR INWOOD AVENUE SANITARY SEWER EXTENSION 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 THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the lnwood Avenue SanRary Sewer Extension under contract with Stewart Construction Company of East Dubuque, Illinois, which final plat and schedale were fried in the office of the City Clerk on tho 3rd day of December, 1992, that said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a sl)octal tax against and upon each of the lots, the respective sums indicated. Provided, f~ther, that the amounts shown in said final scbedale of aasessments a~ deficiencies are found to be proper and levied conditionally against the respective properties benefitted by the improvements ns shown in the schedalo, subject to the provisions of Sectioo 384.63, Code of Iowa. 489 Regular Session, December 7, 1992 Said asaessra~nts against said lots are bor~by declared to bo in proportion to the special benefits conferred and not in excess of twenty-five pezcent of the valan of san~. Asseser~nts of $50.00 or more are payable in 10 equal annualinstalln-~nts, with interest on the unpaid balance, all as 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 a~ made payable. Assessments may be paid in full erin part without interest at the office of the County Treanmer, at any tln~ within 30 days after the date of the first publication of this notice of die filing of thc final plat and schedule of assessments with tbe County Treastu~r. Unless ~ald assessments am paid in full within said thirty day period all unpaid aas~smonts will draw annual interest computed at 9 percent (commencing on tho date of acceptance of die work) computed to tho December 1st next following the due dates of thc respective installments. Each installment will be delinquent on September 30th following its due date on July let in each yeas. Property owners may elect to pay any annual installment semiannually in advance. That the City Clerk bo and is hereby dlreeted ~o certify said s~hedulo to rise County Treaam'~ of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive wcek~ in the manner provided in Section 362,3, tho first publication of which shall be not more than fifteen days from the date of filing of thc final schedule. Thc City Clerk shall also send by certified mall to property owners whose propexty is subject to assessment a copy of said not, ce, and mailing to be on or before thc date of thc second publication of thc notice, all as provided and directed by Section 384.60 of the Code of Passed, approved and adopted this 7ds day of December, 1992, Attest: Mary A. Davis City Clerk OWNER DESCRIPTION KathD'n E. Krieg Mayor Pro-Tern ASSESSMENT Thomas & Denise Hllkin Lot 13, 14, 15, 16 O'Neill's Addn. N. Dbq, $3,769.46 Daniel F. & Susan Bandy $3,769.46 Lot 25, 26 O'Neill's Addn. N. Dbq. Richard & Eilcen Kuater $1,016.17 Lot 31 O'Neill's Addn. to N. Dbq. Lot 32 & 33 $3,769.46 O'Neill's Addn. to N. Dbq. Lot 35 & 36 $3,769,46 O'Neill's Addn. to N. Dbq, Mary E. & Leslin Germaine $3,769.46 Lot 37 & Lot 38 of O'Neill's Addn, to N. Dbq. Lot 62 & 63 and the $2,095.46 N 1/2 of LOt 64 of O'Neill's Addn. to N. Dbq. Picky & Kathlcen Hurst $3,769.46 Lot 39 & 40 of O'NeoWs Addn. to N. Dbq. Stephen J. Althaus $3,769.46 Lot 41 & 42 of O'Neill's Addn. to N, Dbq. Oaiday Bandy $3,769.46 Lot 43 & 44 of O'Neill's Addn. to N. Dbq. Lot 45 of $1,453.67 O'Neoll's Addn. to N. Dbq. Mar/an K. Beck $3,/;80.99 Lot 46, the N 1/2 of Lot 47 and the N. 20' of the S 1/2 of Lot 47 of O'Neill's Addn. to N. Dbq. Billy L. & Karen A. Slant $3,769.46 S 5' of the S 1/2 of Lot 47 and Lot 48 of O'Neill's Addn. to N. Dbq. Michael J. Scbotgen & Micbole $3,769.46 Aveonrius Lot53 & 54 of O'Neill's Addn. to N. Dbq. Lot 67 & 68 of $1,487.37 O'Neill's Addn. to N. Dbq. David & Janl$ Germaln $3,769.46 Lot 55 & 56 of O'Neill's Addn. to N. Dbq. Carl Gartmann $3,769.46 Lot 57 & 58 of O'Neill's Addn. to N. Dbq. Lot 59 of $1,016.17 O'Neill's Addn. to N. Dbq. David D.& Elaine Sadewasser $3,769.46 Lot 60 of O'Neill's Addn. to N. Dbq. Lot 61 of $1,487.37 O'Neill's Addn. to N.Dbq. John A. & Leslie L Oswald $3,769.46 S 1/2 of Lot 64, 65 & 66 of O'Neill's Addn.to N. Dbq. Margaret Manlier $3,156.92 Lot2 of t of 1 of the S 1/2 of the NE 1/4 of the NW 1/4 of Sec. 12 - T. 89N., R2E Regular Session, December 7, 1992 490 Ronald J. Kuhl $4,146.40 Lot2oflofS 1/2 of the NE 1/4 of the NW 1/4 of See. 12 - T. 89N., R;2E La~y J. & Susan D. Hurst $3,769.46 Lot 1 of 2 of I nfl of 3 ofthnN 1/2 of the SE 1/4 of the NW 1/4 of Sec. 12, T.89N.,R.2E. Robert & Ellen Vandermuellen $3,769.46 Lot2 of 1 of 3 of the N 1/2 of the SE 1/4 of the NW 1/4 of Sec. 12 - T.89 N., R.2E, Coancll Member Vcetberg moved adoption of the R~olufion. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Pn~Tem Krlng, Council Members Deoch, Kluesner, Nagle, Nicholson, Voetberg. Nays--None. Absent--Mayor Brady. Communication of Acting City Manager intersection of Sheridan Road and Peru Road, presented and reed. Council Member Vo~tbo:g moved that the communicalion be received and filed. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Pro-Tern IG-ing, Council Members Deoch, Kluesner, Nagle, Nicholson, Vontborg. Nays--None. Absent---Mayor Bredy, RESOLUTION NO. 366.92 ACCEPTING IMPROVEMENT Whereas, tho contract for the Sheridan R~Ul Storm Sewer Reconstruction 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 the contrast, plans and spedfications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendalion of the City Manager bo approved and that said improvement bo and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and ho is hereby directed to pay to the contractor from General Obligation Funds and General Storm Sewer Funds in amount equal to the amount of Iris provided for thereOn. Passed, approved and adopted this 7th day of December, 1992, Kathryn E. Krieg Mayor Pro-Tern Attest: Mary A. Davis City Clerk Council Member Vontberg moved adoption of tbe Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Pro-Tern Kfing, Council Members Deich, Kluesner, Nagle, Nicbolson, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 367-92 FINAL ESTIMATE Whereas, die contract for the Sheridan Road Storm Sewer Reconstracfion has been completed and the City Engineer has submitted his final estimate showing the cost thereof in~udlng the cost of estimates, notices and inspection and all miscellaneous costs; NOW THERFA~oHE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seotion 1, That tho cost of said improvement is hereby determined to bo $62,355.20 and the said amount shall be paid from General Obligation Funds and General Stem Sewer Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of December, 1992. Katl~yn E. Kring Mayor Pro-Tern Attest: Mmy A. Davis City Clerk Council Member Voetbexg moved adoption of the Resolution. Seconded by Council Member Nagle. Canied by the following vote: Yeas--Mayor Pm-Tern Krleg, Council Members Deich, Klcesncr, Nagle, Nicholson, Voetborg. Nays--None. Absent--Mayor Bredy. Communication of Acting City Manager recommending acceptance of construc6on contract for a storm sewer extension on Water S tre~t between Jones and First Slrocts, pre~sented and mad. Council Member Vontberg moved that thc communication bo received and fried. Seconded by Council 491 Regular Session, December 7, 1992 Member Nagle. Carried by the followi~ vote: Yeas--Mayer Pro-Tern Krlag, Council Members Delch, Kluasne~, Naghi, Nicholson, Vcotberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 36g-92 ACCEPTING IMPROVEMENT Whereas, tho contrect for the Jones St~et Storm Sewer Extension 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 the contract, plans and specifications and recommends it acanptenc~. NOW THEREFORE, BE IT RESOLVED BY TItE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement bo and the same is hereby accepted, BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Storm Sewer Coasm~crlon Fund in emoant equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of December, 1992. Kathryn E. Kfiag Mayor Pro-Tera Attest: Mary A. Davis City Clerk Council Member moved adoption of the Resolution. Secpnded by Council Meesber Naghi. Carried by the following vote: Ye~s--Mayor Pro-Tem Kriag, Council Members Deich, Klueaner, Nagle, Nicholson, Voetberg. Nays--None, Absent--Mayor Brady. RFSOLUTION NO. 369-92 FINAL ESTIMATE Whereas, the contract for the Jones Ste~et Storm Sewer Extension has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $17,362.42 and the said amount shall be paid from Storm Sewer Construction Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of December, 1992. Kathryn E. Kfiag Mayor Pro-Tom Attest: Mary A. Davis City Clerk Council Member Voetberg moved adopdon of the Resolution. Seconded by Council Member Nagle, Carried by the following vote: Yeas--Mayor Pro-Tom Krieg, Council M~mbers Deich, Kluescor, Nagle, Nicholson, Voetberg, Nays--None. Absent--Mayor Brady. Communication of City Manager rccommanding acceptance of construction contract for Lincoln Avenue Sanitary Sewer between Decatur and Whittier, presented and read. Council Member Vuetberg moved that the communication be received and filed. Seconded by Council Member Nagle, Carried by the following vote: Yeas--Mayor Pro-Tern Krieg, Council Members Delch, Kluesuer, Naghi, Nicholson, Vuetherg. Nays--None. Absent--Mayor Brady, RESOLUTION NO. 370-92 ACCEPTING IMPROVEMENT Whcre~s, the contract for the Lincoln Avenue Sanitary Sewer Reconstruction has been completed and the City Manager has examined the work and filed his certificate stating that the sam~ has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendallon of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City T~asurer be and he is hereby dh~cted to pay to the contractor from Sanitary Sewer Regular Session, December 7, 1992 492 Construction Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of December, 1992. ARest: Mary A. Davis City Clerk Council Member Kathryn E. Kriag Mayor Pro-Tom Vo~tberg moved adoption of the Resolution. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Pro-Tern Kfieg, Council Members Deich, Klueaner, Nagle, Nicholsan, Vcotberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 371-92 FINAL ESTIMATE Avenue Sanitary Sewer Recons~uction ha~ been completed and the City Engineer has NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $60,737.66 and the said amount shall be paid from Sanitary Sewer ConsWacfion Funds of the City of Dubuque, Iowa, Passed, approved and adopted this 7th day of December. 1992. Attest; Mary A. Davis City Clerk Council Member Kath~yn E, Kfieg Mayor Pro-Tern Voetberg moved adoption of the Resolution. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Pro-Tees Krieg, Council Members Deich, Kluasner, Nagle, Nicholson, Vootberg. Nays--None. Absent--Mayos Brady. Communication of City Manager i'~cornn~nding acceptance of construction contract for the alley sanitary sewer reconstruction between Rhomb~g and Lincoln, from Johnson to Farley, presented and mad. Council Member Vcotberg moved that the commu~icndon be received and f'tiad. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Pro-Tern Kriag, Council Members Deich, Kluasecr, Nagle, Nicholsoa, Vcotberg. Nays--None. Absent--Mayor Brady, RESOLUTION NO. 372.92 ACCEPTING IMPROVEMENT Whereas, the contract for the Alley Sanitary Sewer Reconslu'uction between Rhomberg and Lincoln, from Johnson to Farley has been completed and the City Manager h~z examined the work and filed his certificate stating that the sarr~ has been completed according to the tertm of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the sam~ is hereby accepted. BE IT FURTHER RESOLVED that the City Treasttrer be and he is hereby directed to pay to the contractor from Sanitary Sewer Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of December, 1992. Attest: Mary A. Davis City Clerk Council Member Kathryn E. Kfieg Mayor Pro-Tern Voetbcrg moved edopfion of the Resolution. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Pro-Tern Krieg, Couacll Members Deich, Kluesner, Nagle, Nicholson, Voetberg. Nays--None. Ab~nt--Mayor Brady. RESOLUTION NO. 373-92 FINAL ESTIMATE Whereas, the contract for the Alley Sanitary Sewer Reconstruction between Rhomberg and Lincoln, from Johnson to Farley has been completed and the City 493 Regular Session, December 7, 1992 Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That thc coat of said improvement is hereby determined to be $222,019.50 and the said amount shall be paid from Sunitmy Sewer Constructio~ of the City of Dubuque. Iowa. Pa~sed. approved and adopted thi~ 7th day of Deunmber. 1992. Kathrye E. Kring Mayor Pro- Ten' Attest: Mary A. Davis City Clerk Council Member Vuntberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yea~---Mayor Pro-Tern Kfieg, Council Members Deich, Klunsner Nagle, Nichoison, Vuntberg. Nays--None. Absent--Mayor Brady Communication of Acting City Manager recommending acceptance of the contract for the 1992 Asphalt Paving Project, pre~unted and read. Council Member Voetbe~g moved that the communication be received and filed. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Pro-Tern Kilns, Counell Members Delch, Klueuner, Nagle, Nichoison, Voetberg. Nays--None. Absent--Mayor Brady. RESOLUTION NO. 374-92 ACCEPTING IMPROVEMENT Whereas, the contract for the 1992 Asphalt Paving Project has been completed and the City Manager has examined the work and Bled his certificate stating that thc same has been completed according to the terms of the contract, plans and specifications and recommunds it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the recommendation of .the City Manager be approved and that said Improvement be and thc same is hereby accepted. BB IT FURTHER RESOLVED that the City T~aunror be and he is hereby directed to pay to the contractor from thc Road Uae Tax Fund. General Fund. Local Option Sales Tax Fund. and the P~rking Construedon Fund in amount equal ~o the amount of his contract, less any r~talned percentage provided for therein. P~ed, approved and adopted this 7th day of December, 1992. Kaflu'yn E. Krleg Mayor Pro-Tern Att~t: May A. Davis City Clerk Council Member Voetberg moved adoption of thc Resolution. Seconded by Council Member Naglc, Caroled by the following vote: Yeas--Mayor Pro.Tern KBng, Council Members Deich, Kluesner, Nagle, Nicholsco, Voetberg. Nays--None. Abs~nt--Mayor Brady. RESOLUTION NO. 3?$-92 FINAL ESTIMATE Where,. thc conlract for the 1992 Asphalt Paving Project hen been comphited and thc City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $382,097.08 and the said amount shall be paid from the Road Use Tax Fund, General Fund, Local Option Sales Tax Fund, and the P~cking Cooanucfion Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of December, 1992. Kathryn E. Krieg Attest: Mayor Pro-Tem May A. Davis City Clerk Council Member Vcctborg moved adoption of the Resolution. Seconded by Council Member Nagle. Carded by thc following vote: Yeas--Mayor Pro-Tern Kdng, Council Members Deich, Klunsner, Nagle, Nichoison, Voetberg. Nays--None. Absent--Mayor Brady. Regular Session, December 7, 1992 There being no further business, Council Member Voetberg moved to adjourn. Seconded by Council Member Nnglc. Carried by the following vote: Yeas--Mayor Pro-Tern Krlcg. Council Members Dcich. Klecsner. Nngle. Nicholson. Vcetberg. Nays--None. Absunt--Mayor Brady. Meeting adjourned at 10:2'/p.m. May A. Davis CMC /'~city Cl~rk . Approved ~~_~)~, 1993 Council Members Attest: f// City Clerk 494 495 Regular Session, December 21, 1992 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, December 21, 1992. Council met at 7:30 p.m~, Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagie, Voetbe~g, Acting City Manager Stephani Johnson, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stetad this is the Rcgdiar Meeting of the City Council called for the purpose to act upon such business which may properly coma before the Council. Invocation wes given by Rev. left Arp, Pastor of Dubuque Worship Center. Council Member Klunsner moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Nicholson. Caniod by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluasner, Ksieg, Nagle, Nicholson, Voetberg. Nays--None. Petition of Diane TeKippe requesting KDUB Channel 40 News provide Clnsod Caption communications. Sharon WinfieLd, interpreter, spoke for Diane. Council Member Krieg moved to receive and ftc and refer this matter to Staff and Cable Commission. S~coadad by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klunsner, Ksieg, Nagle, Nicbolson, Voctherg. Nays--None. Prcof of Publication certified to by the Publisher on Notice of Heating on Plans and Specifications for construction of Lincoln Avenue Sanitary Sewer Reconstruction from Humboldt Street to Farley Street, pre. creed and read. There were no wsitten objecfions received and no oral objectors pre~ent at the time of the Hearing. Council Member Ktuesner moved that the proof of publication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kinasner, Kring, Nagle, Nicholson, Vootberg. Nays--None, RESOLUTION NO. 376-92 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2nd day of December, 1992, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Lincoln Avenue Sanitary Sewer Reconstruction from Humboldt Street to Farley Street. Whereas, notice of hearing 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 TI-IB CITY OF DUBUQUE, IOWA: That the said plans, specifications, form 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 and approved this 21st day of December, 1992. James E. Brady Attest: Mayor Mary A. Davis City Clerk Council Member Klucsner moved adoption of the R~olution, Seconded by Council Member Voetberg. Carried by the following vote: Yea--Mayor Brady, Council Member~ De. ich, Klacsner, Krieg, Nagle, Nicbolson, Veetherg. Nays--None. Proof of Publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids for project and communication of Acting City Manager recomra~nding to award con.act for project, and read. Council Member Kluesner moved that the proof and communication be received and Bled. Seconded by Council Member Voetherg. Canled by the following vote: Yeas---Mayor Brady, Council Members Deinh, Kinesner, Krieg, Nagie, Nicholson, Voetherg. Nays--None. Regular Session, December 21, 1992 496 RESOLUTION NO. 377-92 AWARDING CONTRACT Whereas, sealed propeeeis have been submitted by contractors for the Lincoln Humboldt Street to Farley Street pursuant to Resolution No. 360-92 and notice to bidders published in a new~papor published in the City of Dubuque, Iowa on the 10th day of December, 1992. Whereas, said sealed proposals were opened and read on the 15th day of Dacember, 1992 and it has been determined that the bid of Superior Excavating of Dubuque, Iowa in the amount of $43,130.50 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and spacifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: improvement be awarded to Superior Excavating and the Manager be and is behalf of the City of Dubuque for the BE IT FURTHER RESOLVED: That upon the signing of sald contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsueeessfdi bidders. Passed, approved and adopted this 21st day of December, 199Z James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Voetberg. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetborg. Nays--None. Communication of Acting City Manager requesting authorization to submit an update of the Comprehensive Housing Affordability Strategy (CHAS) for the City as well as the Annual Performance Report of eliAS, presented and mad, Council Member Voetberg moved that the comtnualcadon be received and filed. Seconded by Council Member Krleg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dclch, Kinnsner, Kfieg, Nagie, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 37g-92 RESOLUTION AUTHORIZING THE SUBMISSION OF A COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) AND ANNUAL PERFORMANCE REPORT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Whereas, the City of Dubuque will apply for dlmct assistance through the Community Development Block Grant (CDBG) program and other HUD programs subject to the requirement that an annual Comprehensive Housing Affordebillty Strategy (eliAS) und an annual report on the City's progress be prepared and submitted; and Whereas, the CHAS has been updated and an Annual Performance Report prepared and are hereto attached and by this reference made a part hereof; and Whereas, a notice of the availability of the CHAS for review and comment by the was published in the Telegraph Herald on November 20, 1992, a public hearing was held on Dacembor 1, 1992 and the City's Housing Commission has revinwad and comr~nted on the CHAS and Annual Performance Ropori; and Whereas, the thirty day public review period for the CHAS and Annual Performance Report ended on December 20, 1992, and these documents may now be submitted to HUD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be authorized and directed to sign thc attached updated Comprehensive Housing Affordability Strategy (CHAS) for the City of Dubuque, Iowa. Section 2, That the Acting City Manager be authorized and directed to submit the updated CHAS along with comments reeeivad to the U.S. Department of Housing and Urban Development. 497 Regular Session, December 21, 1992 Section 3. That the Annual Performance Report for tho CHAS is hereby approved, and the Acting City Manager is authorized and directed to submit it to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 21st day of December, 199Z Attest: Ma~y A. Davis City Clerk Council Member laraes B. Brady Mayor Voetberg moved adoption of the Resolution, Seconded by Council Member Kriag. Carried by the following vote: Yeas--Mayor Brady, Council Members Dc'ich, Kluesner, Kriag, Nagle, Nichnlson, Voetherg. Nays--None. Communication of Dcpartn~nt of Natural Resources requesting Council to reconsider issuance of General Obligation Bonds rather than a State Revolving Fund (SRF) loan to financ~ improven~nt at the City's Wz.stewater Treatment Plant, presented and read. Council Member Vcetberg moved that the communication be received and filed. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Khiesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Communication of Acting City Manager submitting proposed changes to the current Animal Ordinance and requesting Council to adopt ordinance aa proposed; Provide for first reading only or schedule a work session for additional discussion on the proposed changes, and communication of Don Nelson and Tom Degree, Washington Jr. High School Life Science Teacher advising of their interests regarding new laws concerning constrictor-type snakes and other types of animals, presented and reed. Council Member Vo~tberg moved that the communication be Icceivcd and filed. Seconded by Council Member Naghi. Car~ed by tho following vote: Yeas--Mayor Brady, Council Members Dcich, Kluaaner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. An Ordinance amending Code of Or- dinances by repealing certain sections of Chapter ? and enacting in lieu thereof now sections of Chapter ? ~garding Animal Control, presented and read. Council Member Voetbcrg moved that this be considered tho first reading of the Ordinance, and directed that there be proper wording providing for fines or penalties and all costs/medical aids. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesnur, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Commanlcadon of Acting City Manager requesting Council approval to purchase a Utility Billing Software Package for $14,895 relating to downsizlng from the current main frarr~ computer, presented and read. Council Member Krleg moved that the communication be received and filed. Seconded by Council Member Nicholson. Car~ed by tho following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Kriag, Nagle, Nicholann, Voetherg. Nays--Noue. Council Membur Voetberg further amended the motion to approve the pumhase. Seconded by Council Member Kluesnur. Carded by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Nicholson, Voetborg, Nays--Coancil Members Ddich, Kriag, Nagle. An Ordinance amending the Code of Ordinances by adding to subsection (d) of Section 32-262 thereof providing for the prohibiting of parking on the North side of Keyway Drive from John F. Kennedy Road to Woodland Drive and on the East side of Woodland Drive from Keyway Drive to Foothill Road, said Ordinance tabled at meeting of 12-%92, presented for further action. Council Member Kluesner moved that this Ordinance be removed from the table. Seconded by Council Member Voetbe~g, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesnur, Kriag, Naghi, Nicholson, Voetberg. Nays--None. Petition of Toby Wisecup, V. Pres. of Support Services, objecting to proposed Ordinance as presented, however, would offer a compromise by suggesting restricted parking on the south side of Keyway Dr. from Woodland Dr. to John F. Kennedy Rd. only; Petition of Dubuque Community School District submitting their comments and concerns regarding proposed ordinance; Communication of Medical Associates supporting recommendations to restrict parking along Keyway between JF Kennedy and Woodland; Petition of E. T. Holdings objecting to restricling tho parking on' Keyway, presented and read. Council Member Klnnsnur moved that the petitions and communications be received and filed. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Regular Session, December 21, 1992 498 Brady, Council Members Dcich, Khiesncr, Krieg, Nag)e, Vootberg. Nays--Council Membex Nicholson. (OFFICIAL PUBLICATION) ORDINANCE NO. 100-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUF~ IOWA BY ADDING TO SUBSECTION (d) OF SECTION 32-262 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING ON THE NORTH SIDE OF KEYWAY DRIVE FROM JOHN F. KENNEDY ROAD TO WOODLAND DRIVE AND ON THE EAST SIDE OF WOODLAND DRIVE FROM KEYWAY DRIVE TO FOOTHILL ROAD NOW, THERF~ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordinances of the City of Dubuque, Iowa be amended by adding Keyway Drive and Woodland Drive to Subsection (d) of Section 32-262 thereof as follows: "Sec. 32-262. Prohibited on Desi hated Streets or Portions Thereof. (d) No-parking-at-any-time zones designated Keyway Drive, north side, from John F. Kennedy Road to Woodland Drive. Woodland Drive, east side, from Keyway Drive to Foothill Road. Passed, approved and adopted this 21st day of December, 1992. Sarnes E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 29th day of December, 1992. Mary A. Davis It 12/29 City Clerk Council Member Kluesnur moved that this be considered the first ~ading of tho Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council m~efings prior to tho meeting at which it is to be finally adopted be suspended and fu~ber moved final adoplion of the Ordinance. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kricg, Nagle, Voetberg. Nays--Council Member Nicholsoe. RESOLUTION NO. 379-92 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be ocmopied by such applicants were inspected and found to comply with the Ordinances of this City and have Bled proper bends. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following nan~d applicants a Beer Perr&t. CLASS "B" BEER PERMIT Paaateri Enter~ise,lnc. Pueatefi Restaurant Sunday Sales 2400 Central Local 94 UAW Local 94 UAW Sunday Sales 3450 Central CLASS "C" BEER PERMIT Angel Investment Co. Caaey's General Store Sunday Sales 2699 Rockdale Rainbo Oil Company KWIK Stop Food Mart Sunday Sales 2320 Hwy Passed, approved and adopted this 21st day of December, 1992. Jarues E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Kluesner. Canied by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesuer, Krieg, Naghi, Nicholson, Voetberg. Nays,---None. RESOLUTION NO. 380-92 Whereas, applicarions for Liquor Licenses have been submitted to this Council for approval and the sam0 have beau examined and approved; and 499 Regular Session, December 21, 1992 Wbe~as, thc pmn~ses to be occul~ad by su~ a~ wcm in~c~ ~d found ~ ~ly ~ ~e S~ ~w ~ ~ ~ Or~ces minv~t ~cm~ ~d ~cy have fil~ pw~r ~nds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager bo authorized to cause to bo issued the following named applicants a Liquor Liceme. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kim& Duniso Brestrup A & B Tap 26~0 Central Tbe Moracco, Inc. The Moraceo Sunday Sales 1413 Rockdale David A. Ungs Copper Kettle Sunday Sales 2987 Jackson Sandy Zirkcibach Kennel Club Sunday Sales 1097 Jackson Passed, approved and adopted this 21st day of December, 1992. James E. Brady Mayor Attast: Mary A. Davis City Clerk Council Member Nagle moved adopdon of the Resolution. Seconded by Council Member Kluasner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesn~r, Krieg, Naghi, Nicholson, Vcetberg. Nays--None. Council recessed at 9:29 p.m.; Council reconvened at 9:45 p.m. Petition of. Edward Tschiggfrin to voluntary annex property which adjoins thc city limits of the City and described ~ "Lot 1 off south west 1/4 of south west 1/4 of south east 1/4 and of south half of south east 1/4 of south west 1/4, Section 10. Township 89 North, Range 2 East of the Sth p.m. in Dubuque County, Iowa. (Being presented for public hceringfinput as required in accordance with Chapter 368.7 of the Code of lowa.), presented and read. Council Member Vuntberg moved that thc petition bo receiwd and filed and set for Public Hearing on 1-18-93 at 7:30 p.m. in thc Public Libnuy Auditorium and that the City Clerk publish notice in thc manner prescribed by law. Seconded by Council Member Ninholson. Carded by thc following vote: Yeas---Mayor Bredy, Council Members Dcich, Khiesner, Kring, Nagin, Nicholson, Voetberg. Nays~Noun, Communication of Zoning Commission advising of their approval to rezone property at 1320 Locust S~'eet from OR to OC Dis~ct, presented and read. Council Member Voctborg moved that the communication be mceivad and filed. Seconded by Council Member Nagl¢. Carried by the fofiowiag vote: Yeas--Mayor Brady, Council Members Dc-ich, Kluesner, Kriag, Naglo, Nicholson, Voetborg. Nays---None. An Ordinance amending Code of Ordinances, by revising the Zoning Ordinance to reclassify property located ut 1320 Locust Stseat from OR Office Residential District to OC Office Commercial District, presented and reed. Counnil Member Voetberg moved that this be considered the first meding 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 bo finally adopted be suspended and fmther moved that a Public Heating bo held on the Proposed Ordinance on 1-18-93 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner proscribed by law. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nngle, Nicholson, Voetberg. Nays--None. Communication of Zoning Commission advising of their approval to rezone property located east of Cedar Cross Road and South of 198 Cedar Cross Road from AG to CS District, presented and read, Council Member Kluesner moved that the communication bo received and filed. Seconded by Council Member Voetborg. Caxried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesnec, Kfieg, Nagle, Nicholson, Voetborg. Nays--None. An Ordinance Amending Code of Ordinances, by revising tho Zoning Ordinance to reclassify property located East of Cedar Cross Road and South of 198 Cedar Cross Road from AG Agricultural District to CS Commercial Servic~ and Wholesale District, presented and read. Council Member Kluesuer moved that this be considered the first reading only of the Ordinance and that it bo set for Public Hearing on 1-18-93 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner Regular Session, December 21, 1992 500 prescribed by law. Seconded by Council Member Vootberg. Carried by tbe foUowlng vote: Yeas--Mayor Brady, Council Members Deich, Kluesnet, Ksing, Nagle, Nicholson, Voctborg. Nays---None. Communication of Zoning Commission advising of their approval to rezone property for Finley Hospital from C-2 to ID and amending ID Conceptual Development Plan, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kring, Nagle, Nicholson, Voctbexg. Nays---Council Member Dcich. An Ordinance amending Code of Ordinances by revising the Zoning Ordinance to reclassify property at 486 No~th Grandvinw Ave. from C-2 Neighborhood Shopping Center Distsict to ID Institutional District and amending Ordinance 45-91 by approving an Amended Conceptual Development Plan for the Finley Hospital ID Institutional District at 350 North Grandview, presented and read. Council Member Kluesner moved that this bo considered the fa'st reeding 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 Hearing be held on the Proposed Ordinance on the 4th day of January, 1993 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. Carded by the following vote: Yeas--Mayor Brady, Council Members Kluesner, KHag, Nagle, Nicholson, Voetberg. Nays~ouncil Member Dcich. MINU'I'ES SUBM1TFED ~- Airport Commission of 11-7; Cable Community Teleprogramming Commission of 12-1; Historic Preservation Commission of 11-19; Housing Commission of 12-8; Hun~m Rights Commission of 11-9; Park & Recreation Commission of 11-10; Transit Trustee Board of 11-12; Zoning Board of Adjustment of 11-19; Zoning Commission of 12-2, presented and read. Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kriag, Nagle, Ninholson, Voetberg. Nays-None. NOTICES OF CLAIMS/SUITS --Joseph J. Bitter, on behalf of Michael A. Arthofer, in the amount of $50,000 for personal injuries and loss of earnings; Ron/Ann Burda in amount of $124.20 for backed up sewer damage, sl Mary Leu Ehlert in amount of $650.15 for backed up sewer damages; Kelly & Kim Noel in the amount of $711.00 for backed up sewer damages; Milwaukee Insurance, on behalf of their insured Barb Robinson, in unknown amount for vehicle damages; Wre~ & Pennia Schiesl in amount of $1,800 for backed up sewer damages; Zinginr Industries, Inc. vs. City of Dubuque et al submitting "Petition to Fomcinae Mechanic's Lien", presented and read. Council Member Voetborg moved that the claims and suits bo referred to the Legal Staff for investigation and report Seconded by Council Member Klcesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nagle, Nicholson, Vcctberg. Nays--None. Communications of Corporation Counsel advising of referral of following claims to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Property damage of Tom Aabenbrenner; Car damage of Dawn Braltbach; Personal injuries of Bernadette Itilby; Personal injuries of William Kleckex; Personal injuries of Summer Paul; Personal injuries of Mary M. Spiciman, presented and read. Council Member Voetherg moved that the communications be received and filed. Seconded by Council Member Kluesner. Can4ed by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kring, Nagin, Nicholson, Voetberg. Nays--None. Communication of Corporation Counsel recommending s~ttiement of car damage claim of Shawna Schrocder in the amount of $74.89 and direct [be Finance Director to issue proper check, presented and read. Council Member Voetberg moved that the conununicadon be received and filed and settlement approved with Finance Director to issue proper check. Seconded by Council Member Kinesner. Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. Petition of Attorney Robert Bertsch, representing Richard L Kelly and Ali¢~ R. Kelly, requesting vacating of an easement along the east property line of Lot 21, Block 1 in Sunset Park Seventh Addition, presented and read. Council Member Voatberg moved that the petition be referr~ to the City Manager and Staff. Seconded by Council 501 Regular Session, December 21, 1992 Memb~ Kluesner. Carried by ~he following vote: Yeas--Mayor Brady, Counc'fl Members Dalch, Klaesner, Kfiag, Naglc, Nicholson, Voetberg. Nays--None. Petition of The Bench Company requesting aplnoval to place Bu~ Step Benches on numerous sites along bus routes, presented and read. Council Member Vo~tberg moved that the petition be referred to the Transit Bd, Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Kriag, Nagle, Nicholson, Voetberg. N~ys--Noan. REFUND REQUESTED -- Perkins, in the amount of $50,00 on ueexl~red Cigarette License, prasanted and read. Council Member Voutberg moved that the refund be approved with Finance Director to issue pro1~r cbeclc Seconded by Council Member Kluesanr. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kinesner, Kring, Nagle, Nicholson, Voutberg. Nays--None. Communication of Zoning Commission advising of their approval of final plat for James and Darlene Richard located in the County within two mites of the city limits, presented and read. Council Member Voetberg moved that the communication be gc~ived and fried. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, CounCil Members Dnich, Kluesanr, Krieg, Nagle, Nicholson, Voctberg. Nays--None. RESOLUTION NO. 381.92 RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVISION OF LOT I OF TSCHARNER PLACE INTO LOTS I - 6 INCLUSIVE OF DARWOOD ACRES IN SECTION 9, T89N, R2E, OF THE STH p.m. IN DUBUQUE COUNTY, IOWA. Wbereas, there has been filed with the City Clerk a final plat of the Subdivision of Lot I of Tschamer Place into Lots I - 6 inclusive of Darwood Acres in Section 9. T89N, R2E, of the 5th p.m. in Dubuque County Iowa; and Whereas, said final plat has been examined by the City Zoning Commission and had its approval endorsed thereon; and Whereas. said final plot h~s been approved by the City Zoning Conuulasion on the condition that all access easements provided between Lots I and 2, Lots 3 and 4, and between Lots 5 and 6 am used for the consmtotion of common access drives; and all septic systems and private water wells are approved by the eppropsiate County department. Whereas, said final plat has been examined by tho City Counnil and the City Council finds thot the same conforms to the statutes aod ordinances relating thereto. Whereas, the City Council concurs in the condition of approval established by the City Zoning Commission. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described final plat be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said final plat provided that the owner of said property shall execute a vaitten acceptance hereto aUached, acknowledging and agreeing: a) Access easements provided between Lots I and 2, Lots 3 and 4, and between Lots 5 and 6 are used for the construction of common access drives. b) All septic systems and private water welis are approved by the appropriate County department. Section 2. That in the event the owner fails to execute the acceptance provided for in Section 1 herein wifltin 45 days after the date of this resolution, the provisions herein shall be nail and void and the approval of the plat shall not be effective. Passed, approved and adopted this 2lot day of December, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 381-92 We, the undersigned, Jarr~s Richard and Darlene Richard, having read the terms and conditions of the Resolution No. 381-92 and being familiar with the conditions thereof, bemby accept this same and agree to tho conditions required therein. Regular Session, December 21, 1992 502 Dated in Dubuque, Iowa this 23rd day of December, 1992. By/s/James Richard By/si Darlene Richard Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesaer, Kfiag, Nagle, Ninhoison, Veetherg. Nays--None. Communication of Acting City Manager requesting approval of Supplemeut No. 12 to the Code of Ordinances, presented and reed. Council Member Voctberg moved that the communication be reeeivod and ired. Seconded by Council Member Klananer. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Khreaner, Kring, Nagle, Ninholeen, Voetberg. Nays--None, RESOLUTION NO. 382-92 ADOPTING SUPPLEMENT NO. 12 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17. 1989, the City Council, pursuant to Ordinanee No. 34- 89, re. adopted tho Code of Ordinances of the City of Dubuqan, Iowa for ordinances adopted up to and including December 19, 1988; and Whereas, since December 19, 1988 tho City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380,8 of the Code of Ordinances provides that supplements, by resolution, become part of the Code of Ordinances. NOW TI1EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 12 of the Code of Ordinances of the City of Dubuque, Iowa, coveting Ordinances through Ordinance No. 72-92 enacted through September 8, 1992 and prepared by the Municipal Code Corporation, Tailahassee, Florida, hereto filed in tho Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, passed, approved and adopted this 21st day of December, 1992. kttest: Mmy A. Davis City Clerk Council Member Jan~s E. Brady Mayor Voutberg moved adoption of the Resolution. Seconded by Council Member Kluesanr. Carried by the following vote: Yeas--Mayor Brady, Coanoil Members Dnich, Kluesanr, Kriag, Na~Je, Nichoison, Vo~tber8. Nays--None, Communication of Acting City Manager requesting execution of a Right-of-Way Assurance Statement for Federal Aid Projects, presented and icad. Council Member Veetberg moved that the communication be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nagin, Ninholson, Voctberg. Nays--None, RESOLUTION NO. 383-92 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RIGHT-OF-WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS WITH THE IOWA DEPARTMENT OF TRANSPORTATION Whereas, the 1970 Uniform Relocation Assistance and Land Acquisitions Policy Act requires that a Right-of-Way Assuranc~ Statement for Federal Aid Projects be annually submitted to the Iowa Department of Transportation; and with the Iowa Department of Transportation by January 29, 1993 for projects involving Federal Aid Funds. NOW, TtIERE~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be authorized and directed to execute the Right-of-Way Assurance statement with the Iowa Department of Transportation stipulating that the City will comply with the Relocation Assistanc~ benefits in accordance with the 503 Regular Session, December 21, 1992 1970 Uniform Relocation Asais~mce and Land Acquisition Policies AcC Section 2. That the City Clerk be authorized to file said Right-of-Way Passed, approved and adopted this 21st day of December, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voetberg moved adopdun of the Resolution, Seconded by Council Member Kluesner. Carried by the following vo~e: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Vcetberg. Nays--None. Communication of Hugh LaMent Executive Director of GDDC requesting coordination of action steps to resolve flooding conditions in the North end of City near Flexsteel Industrial Site, presented and read. Council Member Voetberg moved that the communication be referred to Council. Seconded by Council Member Kluesner. Carried by the following Brady, Council Members Deich, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. At 9:57 p.m., Council moved into Closed Session, in accordance with Chapter 20.17 (3) Public Employment Relations (Collective Bargaining) (Exempt f~om provisions of Chapter 21). Seconded by Councll Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Nagle, Nicholson, Voetberg. Nays--None. At 10:30 p.m, Council reconvened into Regular Session and there being no further beainess, Council Member Voetberg moved to adjourn. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. Meeting adjourned at 10:30 p,m. Mary A. Davis CMC t Clerk 1993. 1993. Council Members Attest.:~ -~ ,~City Clerk