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1998 January Council ProceedingsReqular Session, JanuarY 5~ 1998 1 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, January 5, 1998 Council Met at 7:00 P.m. Public Library Auditorium Present-mayor Duggan Council Members Buol, Markham, MichalskJ, Nicholson, Robbins, Voetberg. Cb Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose [o act upon such business which may properly come before the Council. Invocation was given by Most Reverend Jerome Hanus: O.S.B., Archbishop of Dubuque. City Clerk swore in Terrence M. Duggan as Mayor. Mayor Duggan swore i~ Council Member At-Large Dan Nicholsor.. Council Member First Ward John Markham and Council Member Third Ward, Joe Robbins. (Let the record show thai each indMdual nas executed a wrfften oath of office prior to January 1, 1998.) Mayor Duggan swore in Ann Michalski as Mayor Pre-Tern. PROCLAMATION: January 19 as "Martin Luther King, Jr., Day' receh/ed by Patdsha Berry-Bridges. MINUTES SUBMITTED -- Airport Commission of 10-28 & 11-2; Cable TV Regulatory Commission of 12-10; F~ve Flags Commission of 12-15; Histodc Preservation Commission of 11-13; Human Rights Commission of 11-10; Park & Recreation Commission of 12-9; Long Range Planning Commission of 12-17; Zoning Board of Adjustment of 12-18, presented and read. Voatberg moved that the minutes be received and tiled. Seconded by BuoL Motion carded 7-0. Community Development Advsory Commission of 11-6 & 11-18, presented and read. Michaisk moved that the minUtes be received and fi ed. Seconded by Robbins. Motion carried 7-0. Dubuque Human Rights Commission subm~ng their annual report for pedod of July 1, 1996 to June 30, 1997. (Report on file in City Clerk's Office); Proofs of Publication on publishing Council Proceedings for meeting of 12-1: List of Claims paid and Summary of Revenues for month ending 11-30-97 and Notice of tiling of the tinal schedule of assessments for Kelly Lane Reconstruction Project, presented and read. Voatberg moved that the proofs be received and filed. Seconded by Buoi. Motion carded 7-0. Notices of Claims/Suits -- American Family insurance Group submitting 'Notice of Subrogation" regarding claim filed by their insured James Welch; Dubuque County Sheriff's Office n amount of $1769.39 for vehicle damages; Violet Haberkom in unknown amount for aersonel injuries; Nell E. Kelley in amount of $4,979.78 for backed-up sewer damages; Leo Link in amount of $60.00 [or backed-up sewer damages, presented and read Voetberg moved that the claims and suits be referred [o the ~.egal Staff for inveatJgation and report. Seconded by Buol. Motion carded 7-0. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of iowa, the agent for the Iowa CommunftJes Assurance Pool: Property damage of Clyde & - Carole Adams; Vehicle damage of Jean Delaney; Pemonal injury of Rosemary Herman; Emotional trauma of Etizabath Made Murphy; Personal injury & truck damage of Sheila Wolbers, presented and read. Veetberg moved that the communications be received and tiled. Secondec by Buol. Motion carded 7-0. Corporation Counsel recommending payment of part of property damage claim of Mary Ransdell in the amount of $262.17, presented and read. Voetberg moved that the communication be received and flied and recommendation be approved with Finance Director to issue proper check. Seconded by Buol. Motion carried 7-0. 2 Regular Session, January 5, 1998 John Markham submitting his resignatien as a member of the Airport Commission effective December 31, 1997, presented and read. Voetberg moved that the communication be received and filed and resignation accepted. Seconded by Buol. Motion carded 7-0. Dubuque Metropolitan Area Solid Waste Agency subm~ng copies of their Resolution establishing tipping fees beginning July 1, 1998 and their budget as adopted by the Board ar its December 10, 1997 meefing, presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. Buesing & Associates, inc. on behal~ of Martin McNamer, requeefing vaca~ng a 10 foot wide utility easement along the north proper~ line of Lot 1. Block 4. Fremont Heights, presented and read. Voetberg moved that the communication be referred ro City Manager and Staff. Seconded by Buol. Motion carried 7-0. Pear; & Noel Stecher expressing concerns with deer problem in the City, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. Iowa DOT advising of their intent to dispose of City Lot 303A with NO direct access to Primary Road No. U.S. (Located at corner of alley between 4th St & Central Ave., presented and read. Voetherg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. Iowa DOT advising of the proposed isttJng of an ACC resuffacing project on U.S. 61 withing Dubuque County from Jackson County line northerly to the City of Dubuque, on March 24, 1998. (A potion of the project is located from the south City corporation line northerly [o Grandview Ave.) presented and read. Voetberg moveo that the communication be received and filed. Seconded by BuoL Motion carried 7-0. Asst. Secretary of HUD advising City's total allocation for Fiscal Year for CDBG Program is $1,409,000.00, presented and read. Voetberg moved that the communication be received ano filed. Seconded by Buol. Motion carried 7-0. City Manager recommending approval of prorate agreement for CEBA award on behalf of Cartegraph Systems, Inc., presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 1-98 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A UCC SECURITY AGREEMENTS/FINANCING STATEMENTS PRORATE AGREEMENT WITH THE STATE OF IOWA FOR THE CARTEGRAPH COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) LOAN WHEREAS, the Iowa Depadment of Economic Development has awarded the City of Dubuque a Community Economic Betterment Account (CEBA) Award in the amount of $50,000 on behalf of CartsGraph Systems: and WHEREAS the State of Iowa has requested that the City of Dubuque execute a UCC Security AgreementJFinancing Statements Prorate Agreement on the CEBA Award, NOW, THEREFORE, BE IT RESOLVED BY THE CFi'Y COUNCIL OF THE CiTY OF DUBUQUE iOWA: Section 1. That the Mayor of the City of Dubuque, Iowa, be and is hereby authorized and directed to execute said UCC Security Agreements/Financing Statemenm Prorate Agreement with the State of Iowa for the Community Economic Betterment Account (CEBA) on behalf of CarteGraph Systems, Inc. Section 2. That the City Clerk of the City of Dubuque, Iowa, be and is hereby authorized and directed to attest to said UCC Security Agreements/Financing Statements Prorate Agreement, and upon execution, to deliver the original thereof to the Iowa Department of Economic Development Passed, approved and adopted this 5th day of January, 1998. Terranca M. Duggan, Mayor Attest: Mary A Davis, City Clerk Voetberg moved adoption of the Resolufior.. Seconded by Buol. Motion aoopted 7-0. RESOLUTION NO. 2-98 NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Re.qular Session, January 5, 1998 3 That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Sacca, Inc. Lizard's Pub & Grub 1401 Elm (WAS NOT ISSUED - DID NOT OPEN BUSINESS} Passed, approved and adopted this 5th day of January, 1998. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetherg moved adoption of the Resoluton. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 3-98 Whereas, applications for Beer Permits have been submitted and filed to this Council for appravai and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Seer Permit. CLASS 'C' BEER PERMITS Iowa Oil Co. IOCO Speed Shoppe # 33 +(Sunday Sales) 3200 Central Ave. Passed, approved and adopted this 5th day January, 1998. Terrance M. Duggan, Mayor Attest: Mary A Davis, C~ Clerk Voetberg moved adoption cf the Rescluton. Seconded by Buol. Motion carded RESOLUTION NO. 4-98 Whereas, applicafions 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 Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C= (COMMERCIAL) BEER 8, LIQUOR LICENSE Dolores G. Weber Ten Pin Tap + (Sunday Sales) 601 Rhomberg Ave. K~nseth Hotel Corp Holiday Inn Dubuque Five Flags 450 Main St. (Outdoor Service Only} Dog Gene, lnc. Dog House Lounge 1646 Asbury Rd. (Outdoor Service Only) Passed, approved and adopted this 5th day of January, 1998. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7~0. City Manager requesting a public hearing be set for January 19th for purpose to consider funding for a sewer line extension to the landfill, presented and read. Voetberg moved that the cemmunication be received and tiled, Seconded by Buol. Motion carried 7-0. RESOLUTION NO, 5-98 RESOLUTION OF INTENT TO BORROW $988,750 FROM THE DUBUQUE,METROPOLITAN AREA SOLID WASTE AGENCY FOR THE PURPOSE OF EX'FENDING A SEWER LINE TO THE LANDFILL Whereas, the City of Dubuque proposed to extend a sewer line to the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) landfill; and Whereas the C~ of Dubuque desires to provide a direct connection from closed-cell waste wster wells to the City of Dubuque Waste Water Treatment Plant;, and Whereas, providing said sewer connection would significantly reduce costs associsted with pumping said wells and transferring said waste water by truck for treatment to the City of Dubuque Waste Water Treatment Plant; and Whereas, the City of Dubuque requires financial assistance to pay for construction of said sewer line to be extended from Starlight Drive to the DMASWA landfill NOW, THEREFORE, BE IT RESOLVED B Y THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to borrow $988,750 from the Dubuque Metropolitan Area Solid Regular Session, January 5, 1998 Waste Agency fop the purpose of extending a sewer line to the Agency landfill. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Section 362.4, Code of iowa. 1997 or as amended. Passed, approved and adopted this 5th day of January, 1998. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution and set public headng for January 19, 1998. Seconded by Buol. Motion carded 7-(~. There being no further business,, Voetberg moved to adjourn the meeting. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 7:12 P.M. /s/Mary A. Davis CMC City Clerk CounciJ Members c~' C~srk/ ~ Special Session, January i9, 1998 5 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, January 19, 1998 Council Met at 4:30 p.m., Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Markham, MichalskJ, Nicholson, Robbins, Voetberg. There Was a presentation of 'America's River" Project by Dubuque County Historical Society and Chamber of Commerce. Jerry Enzler gave an update on the riverfront and riverwaik project. Steve Harrmann and Sue Z. elinskas also spoke. Council recessed at 5:20 for dinner;, Council reconvened at 5:59 p.m. There was Council discussion ,Mth direction given regarding the Mississippi River, va[k and Amendes Project This Special Session adjourned at 6:57 p.m. Approved 1998 1998 Council Members /s/Mary A. Davis CMC City Clerk Board of Health, January 19, 1998 DUBUQUE BOARD OFHEALTH QUARTERLY MEETING Quar[eny Meeting of the Board of Health Board of Heaff. h met Monday, January 19, 1998 Board met a[ 6:55 P.M., Public Library Auditorium Present: Chairperson Duggan, Board Members Buol Markham, . Michalski, Nicholson, Robbins. Absent: Board Member Voetberg. Chairperson Duggan read the ca]l and stated this is the Regular Quarterly Meeting of the Board of HeaEh called for me purpose to act upon such business which may properly come before the Board. City Manager recommending to approve the Dubuque County Public Health Planning Model, presented and read. Robbins moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Moron cameo 6-0. There being no fur[her business, Michalsld moved to adjourn. Seconded by Buol. Motion carried 6-0. The meeting adjourned at 6:59 p.m. /s/Ma~ A. Davis CMC Secretary, Board of Health ,1998 1998 E~oard Members Secreta~,, Board of Health Regular Session, January i9, 1998 7 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Meeting, January 19, 1998 Couneil Met at 7:00 p.m., Public Library Audr~edum Present: Mayor Duggan, Council Members Buol, Markham, Michaiski, Nicholson, Robbins, City Manager Michael Van Miiligen, Corporation Counsel Barry A. Undahl. Absent: Council Member Voetberg. Mayor Duggan read the call and stated this is the Regular Session of the C~ Council called for the purpose to act upon such business which may propedy come before the CouneiL Invocation was given by Rev. David Pacholke, Chaplain, The Finley Hospital PROCLAMATION: Sunday, Jan. 25th as "Green Bay Packer Sunday ii" received by Mayor Duggan. MINUTES SUBMITTED: Cable Telepregramming Commission of 1-6; Housing Commission Trust Fund Committee of 12-19; Mechanical Board of 12,23; Public Library of 10-23; Zoning Advisory Commission of 1-7, presented and read. Robbins moved that the minutes be received and flied. Seconded by BuoL Motion carded 6-0. City Manager submitting Quarterly investment Report for pedod from October 1, 1997 to December 31, 1997, presented and read. Robbins moved that the report be received and filed. Seconded by BuoL Motion carded 6-0. Finance Director submftUng Financial Reports for month ending December 31, 1997, presented and read. Robbins moved that the communication be received and flied. Seconded by Buol. Motion carded 6-0. Proof of publisation certified by the Publisher on publishing Council Proceedings for meeting of 12-15-97, presented and read. Robbins moved that the proof be received and filed. Seconded by BuoL Motion carded 6-0. Swiss Valley Farms, Co. subm~Ung their audited report for fiscal year ending Sept, 30, 1997 (Copy of Report on file in City Clerk's Office for review), )resented and read. Robbins moved that the report be received and tiled. Seconded by BuoL Motion carded 6-0. Convention & Visitors Bureau submitting Second Quarter Report, ~resentad and read. Robbins moved that the communication be received and filed. Seconded by Buol. Motion carried 6-0. Substance Abuse Services Center submitting Second Quarter Report for FY'98, presented and read. Robbins moved that the communication be received and filed. Seconded by BuoL Motion carried 6-0. NOTICES OF CLAiMS/SUITS -- State Farm Insurance Companies on behalf of their insured, Thomas j. Budan, submitting Subrogation Notice in unknown amount; Ernest W. Puls, in amount of $114.00 for personal injuries, presented and read. Robbins moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Buol. Motion carried 6:0. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the iowa Communities Assurance Pool: Personal injury/car damage of American Famiiy Ins.; Vehicle damage of Dubuque County Sheriffs Office; Personal injury of Violet Haberkom; Property damage of Nell E. Kelley; Property damage of Dennis & Karen Kingsley presented and read. Robbns moved that the communications be received and filed. Seconded by Buol. Motion carded 6-0. Corpora'don Counsel recommending denial of reimbursement of expenses eiaim of Leo Link, presented and read. Robbins moved that the communication be received and filed and denial approved. Seconded by BuoL Motion carded 6-0. City Manager recommending Mayor Duggan forward letters to community's federal legislators regarding "American Heritage Rivers Initiative Nomination," presented and read. Robbins moved that the communication be received Regular Session, January 19, 1998 and filed and recommendation approved. Seconded by Dual. Motion carried 6-0 Attorney David Setter on behalf of Donald Herbst, requesting vacation and purchase of Lot 2 of Button's 2nd Addition, presented and read. Robbins moved that the communication be referred m the City Manager. Seconded by Dual Motion carded 6-0. Swiss Valley Farms requesting vacation of Nicolat Avenue located north of their current facility at 3510 Ceatral Ave.. presented and read. Robbins moved that this be referred to the City Manager. Seconded by Dual Motion carried 6-0. REFUNDS REQUESTED -- Gerald Kressig, $50.00 on unexpired Cigarette Permit; Nancy Birch d/b/a Sassy's, $422.50 on unexpired Liquor License; Kim Brestrup d/b/a A & B Tap, $50.00 on unexpired Cigarette Permit, presented and read. F~obbins moved that the refunds be approved and Finance Director to issue proper checks. Seconded by Dual. Motion carded 6-0. State Historical Society advising St. Luke's Methodist Episcopal Church property will be considered by the State National Register Nominations Committee for nomination to National Register of Hiatodc PIaces, presented and read. Robbins moved that the communication be received and filed. Seconded by Dual. Motion carded6-0. HUD reporting or Annual Consultation with City employees held on December 11,1997, presented and 'ead Robbins moved that the communication be received and filed. Seconded by 9ual Motion carried 6-0. City Manager recommending publication of a combined Notice for the redevelopment of the Iowa Inn/YMCA au 125 West 9th St. presented aha read. Robbins moved that the communication be received and filed. Seconded by Dual. Motion carried 6-0. RESOLUTION NO. 6-98 A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE REDEVELOPMENT OF THE IOWA INN/YMCA AT 125 WEST 9TH STREET. Whereas, the City of Dubuque has entered into a Grant Agreement with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Developmeat Act of 1974, as amended: and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter listed ;reject to be financed with Community Development Block Grant funds; and Whereas, based on said environmental review, the City of Dubuque Department of Commun~ and Economic Development has determined that said project witl have no significant impact on the environment; and Whereas, a combined notice of" Finding of No Significant Impact on the Environment'' and of "Intent to Request Release of Funds" for said project, will be sent by regular mail to vanous federal, state and local public agencies; to the appropdata Regional Office of the Environmental Protection Agency, to the HUD Area Office and tc the local news media, individuals and groups known to be interested and believed to be apprepdata to receive such a notice: and Whereas, any and ail comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, - BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of intent to Reouest Release of Funds for the redevelopment of the iowa InnWMCA building at 125 West 9th Streat and to make the Environmental Review Record for said ;~reject available for public inspection and comment until 5:00 p.m. on February 5. 1998. Such notice shall be in the form of Exhibit "A" attached hereto and made a part Reqular Session, January '19, 1998 hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk and Community and Economic Development Department where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to 'submit to the U.S. Department of Housing and Urban Devalopment tiffeen (15} days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his offialal capacity and on behaff of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision making and action. Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 19th day of January, 1998. Terrance M. Duggan, Mayer Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carried 6-0. City Manager recommending approval of Memorandum of Agreement for YMCA/Iowa Inn Project, presented and read. Robbins moved that the communication be received and tiled. Seconded by Buol. Motion carried 6-0. RESOLUTION NO. 7- 98 A RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT FOR THE YMCA/iOWA INN PROJECT AND AUTHORIZING THE MAYOR TO SIGN. Whereas, the City Council of the City of Dubuque has determined that the redevalopment of the former YMCA/iowa Inn property ,Mil enhance the City's ongoing downtown economic development and rehabilitation efforts; and Whereas, the City of Dubuque is an entitlement community under the Community Development Block Grant Program and is therefore required to meet the requirements for Section 106 review of historic propedJes; and Whereas, the Section 106 process requires that a Memorandum of Agreement be prepared and executed to address mitigation of the redevelopment of the YMCA/Iowa Inn property; and Wherea~, the Memorandum of Agreement, attached hereto and made a part hereof, has been prepared in consultation with the State Historic Preservation Office and has been )resented to the National Advisory Council for comment. NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIl.. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Memorandum of Agreement among the State of Iowa, Cb of Dubuque, and Stout Place Apartments, L.P., is hereby approved. Section 2. That the Mayor is authorized to sign the Memorandum of Agreement upon receipt of the Agreement ,Mth original signatures representing the State Histodc Preservation Office and the Stout Place Apartments, LP. Passed, approved and adopted this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Robbins moved adoption of the Rees~ution. Seconded by Buol. Motion carried 6-0. Zoning Advisory Cornm ssion advising of their approval of plat of Sanders Place (JFK Road in County) as requested by Mike Sanders, )resented and read. Robbins moved that the communication be received and tiled. Seconded by BuoL Motion carried 6-0. RESOLUTION NO. 8-98 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT I AND LOT 2 OF SANDERS PLACE IN DUBUQUE COUNTY, IOWA. Whereas, there has been tiled ,Mth the City Clerk a Plat of Survey of Lot 1 and Lot 2 of Sanders Place in Dubuque 10 Regular Session, January 19, 1998 County, iowa; and Whereas, upon said plat of survey appears a streel known as John F. Kennedy Road; and Whereas, the plat of survey has been reviewed and approved by the Zoning Advisory Commission. waMng A~cle IV, Design and Improvement Standards of the Subdivisio~ Regulations, except for Section 42-19, Lots and blocks; and Whereas, said Plat of Survey has been examined by the City Counci! and they tind that it conforms to the statutes and ordinances relating to it NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. Thatthe Plat of Survey of Lot 1 and Lot 2 of Sanders Place in Dubuque County, Iowa 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 plat. Section 2. That the City Council hereby waives Article IV of the Subdivision Regulations, except for Section 42-1~c, Lots and Blocks. Passed, approved and adopted this 19th day of January, 1998. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol Motion carried 6-0. City Manager recommending to suppor~ the designation of six downtown census tracts as a rev[tef[zation area. (Officer Next Door Program), presented and read. Robbins moved that the communication be received and tiled and recommendation approved. Seconded by Buol. Motion carried 6-0. City Manager recommending approval of Supplement No. 35 to the City Code, presented and read. Robbins moved that the communication be received and tiled. Seconded by Buol Motion carried 6-0. RESOLUTION NO. 9-98 ADOPTING SUPPLEMENT NO. 35 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989. the Cfty Council, pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the City of Dubuque, owa for ordinances adopted up to and including December 19, 1988; and Whereas. since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted cer[ai~ ordinances amending the Code of Ordinances and said amendments have been orinted as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supple- ments, by resolution, become par[ of the-Code of Ordinances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Supplement No. 35 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 60-97 enacted through October 20, 1997 and prepared by the Sterling Codifers, Inc., Weiser. ID hereto tiled in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adooted and becomes oar[ of the Code of Ordinances of the City of Dubuque, iowa. Passed, approved and adopted this 19th day of January, 1998. Torrance M. Duggan, Mayor Attest: Mary A: Davis, City Cierk Robbins moved adoption of the Resolution. Seconded by Buot. Motion carried 6-0. City Manager 'ecommending acceptance of warranty deeds for fight- of-way purchases on Clarke Drive, presented and read. Robbins moved that the communication be received and tiled. Seconded by BuoL Motion carded 6~0. RESOLUTION NO. 10-98 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON CLARKE DRIVE TO THE CITY OF DUBUQUE Whereas. the City of Dubuque entered into the Acquisition Agreement with Ray Bittinger, dated September 27, 1996, pursuant to which Ray Bittinger agreed to convey a par[ of the easterly 5 feet of Lot 10 and part of the balance of Lo~ 11 all in J.P. Poder's Addition in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas. Ray Bittinger has executed a conveyance of said property, NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, iowa, hereby Reqular Session, January 1~11998 11 approves of, accepts and consents to the Warranty Deed from Ray BitJnger, copies of which are attached hereto, as required by iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 19th day of Janua~, 1998. Terrance M. Duggan, Mayor Attest Mary A. Davis. City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion camed 6-0. RESOLUTION NO. 11-98 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON CLARKE DRIVE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into the Acquisition Agreemen~ with L~liian DeCovis, dated September 25. 1996, pursuant to which Lillian DeCovis agreed to convey a part of the west 45 feet of Lot 10 of J.P. Porter's Addition in the City of Dubuque, iowa, as shown on the Acquisition Plat thereof; and Whereas, Lil~Jan DeCovis has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from LI]lian DeCovis, copies of which are attached hereto, as required by iowa Code Section 569.7. Sectior 2. The Mayor is hereby authorized and directed m execute and acknowledge on behalf of the City of Dubuque any instrumen[s in connection herewith. Passed, approved and adopted this 19th day of January, '1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by BuoL Motion carded 6-0. RESOLUTION NO. 12-98 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON CLARKE DRIVE TO-THE CITY OF DUBUQUE Whereas~ the City of Dubuque entered into the Acquisiton Agreement with Kevin Gladwin, dated October 7, 1996, pursuant to which Kevin Gladwln agreed to convey a par~ of the north 70 feet of Lot 8 of J.P. Porter's Additon in the City of Dubuque Iowa, as shown on the Acquisiton Plat thereof;, and Whereas, Kevin Gladwin has executed a conveyance of said property. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. The C~ Council of the City of Dubuque, iowa. hereby approves of, accepts and consents to the Warranty Deed from Kevin Gladwln, copies of which are attached hereto, as. required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith Passed, approved and adopted this 19th day of January, 1998 Terrance M Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Robbins moved adoption of the Resolution. Secondec cyBuol. Motion carded 6-0. RESOLUTION NO.13-98 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON CLARKE DRIVE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into the Acquisition Agreement with Cecilia k'IcMahon, dated September 25, 1996, pursuant to which Cecilia McMahon agreed to convey a part of Lot 9 of J.P. Porter's Addition in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof: and Whereas, Cecilia McMahen has executed a conveyance of said property, NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Cecilia McMahon, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any 'instruments in connection herewith. Passed, approved and adopted this 19th day of January, 1998. 12 Regular Session, January 19, 1998 Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carded 6-0. RESOLUTION NO. 14-98 RESOLUTION APPROVING AN ACQUISITION PLAT OF PART OF LOT 1 OF BUETTELL'S SUBDIVISION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a acquis'Cdon plat dated October 9, 1996, prepared bythe C~ of Dubuque describing part of Lot 1 of 3uettell's Subdivision; and Whereas, this plat conforms to the Matter of the Condemnatio~ in connection with the reconstruction of Clarke Ddve for the City of Dubuque recorded as Instrument Number 2175- 97 in the Office of the Dubuque County Recorder;, and Whereas, said p~at conforms to the laws and statutes :)ertaining thereto. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: Section 1. That the plat dated October 9, 1996, prepared by the City of Dubuque, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to a×ecu[e said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa Passed, approved and adopted this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest: MaR/A. Davis. City Clerk Robbins moved aooption of the Resolution. Seconded by Buol. Motion carded 6-0. City Manager recommending appreval for contract of services ~etween Dubuque Visitng Nurse Association (VNA), City of Dubuque and independent contractor for assistance with contract for the Heeithy Dubuque 2000 Plan, presented and read. Robbins moved that the communication be received and filed and recommendation approved Seconded by Budi. Motion carded 6-0 Appointment of City Manager to Policy Committee of Iowa League of Cities, presented and read. Robbins moved that the communication be received and filed. Seconded by Budi. Motion carried 6-0 City Manager recommending to award contract for nfrestructure Cabling to Communication Engineenng Company in amount of $101 910.64, presented and read. Robbins moved that the communication be received and filed and approved recommendation. Seconded by Buol. Motion carried 6-0. Copy of The Center for Public Ministry's (Karen O'Rourke) case dismissal, presented and read. Robbins moved that the communication be received and filed. Seconded by Buol. Motion carded 6-0. City Manager recommending Agreement with City of AsbuB/ regarding reconstruction of Radfore Road, presented and read. Robbins moved that the communication be received and filed. Seconded by Budi. Motion carded 6-0. RESOLUTION NO. 15-98 RESOLUTION APPROVING PUBLIC IMPROVEMENT AGREEMENT WITH THE CITY OF ASBURY RELATING TO THE RECONSTRUCTION OF RADFORD ROAD FROM PENNSYLVANIA AVENUE TO ASBURY ROAD Whereas, the City of Dubuque and the City of Asbury have developed plans for the reconstruction of Radford Road from Pennsylvania Avenue to Asbury Road: and Whereas, portions of said project are Iocated within the City Limits of the City of Dubuque and a portion within the Cit7 Limits of the City of Asbuty; and Whereas, both cities have agreed to a joint project to develop, construct and fund a single construction project leeated within both jurisdictional boundaries; and Whereas, the City of Dubuque appmvee of the terms and conditions of said joint Public Improvement Agreement. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. Thatthe enclosed Public Improvement Agreement between the City of Dubuque and the City of Asbery for the construction of Radford Road from Pennsylvania Avenue to Asbury Road croviding for the development, Reqular Session, January 1gl 1998 ]3 construction and funding be approved. SedJon 2. That the Mayor be authorized and directed to execute two copies of this Public Improvement Agreement and forward two executed copies to the City of Asbu~y for their approval. Passed, approved and adopted this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest: Mary A~ Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buci. Motion carded 6-0. City Manager requesting Mayor be authorized to execute communications opposing Senate File ¢~2026 regarding City ownership of Greyhound Park & Casino, presented and read. Robbins moved that the communication be received and tiled and request approved. Seconded by Buol. Motion carried 6-0. RESOLUTION NO. 16-98 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law rela~ng to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. A&BTap Fdckies LC. Inc. 2600 Central Ave. Passed, approved and adopted this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis; City Clerk Rebbins moved adoption of the Resolution. Seconded by Buci. Motion carried 6-0. RESOLUTION NO. 17.98 Whereas, applications for Beer Permits have been submitted and tiled to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have tiled 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 Beer Permit CLASS "C' BEER PERMITS George E Waddeil Jr. iowa Potato & Produce Hs+ (Sunday Sale) 2600 Dodge Passed, approved and adopted this 19th day January, 1998. Terrance M. Duggan, Mayor' Attest: Mary A Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carded 6-0. RESOLUTION NO. 18-98 Whereas, applications for Uquor 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 app cants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have tiled proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS 'C" (COMMERCIAL) BEER\ LIQUOR LICENSE Freckles L.C. Inc A & B Tap +(Sunday Sale) 2600 Central Ave. Dennis T. Zirkelbach Zirk's +(Sunday Sale) 1689 Elm St Phililp R. Love The Lounge' +(Sunday Sale) 481 Locust St. Passed, approved and adopted this 19th day of January, 1998. 'Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carried 6-0. BOARDS AND COMMISSIONS: IndMduals interested in serving on various Boards and Commissions were invited to address the Council. AIRPORT COMMISSION: Applicants -- David Hartman, Thomas F.~ McMahon, Jeffrey Scott Paar, Terrance Stanton and James C. WachteL Communication of J. Wachtel advising of his intent to be considered. David Hartman, Thomas McMahon and Torrance Stanten all spoke requesting consideration for the appointment HOUSING CODE APPEALS BOARD: Applicant: William Kinsella, Rober[ Schaub and Edward A. Swift. No one spoke. HUMAN RIGHTS COMMISSION: 14 Regular Session, January 19, t998 Applicants--Raydora Drummer, Evelyn E. Jackson, Mustafa Ozcan and Maro/ O'Shea. Raydora Drummer had advised Mayor she was unable to attend the meeting but interestec in serving. Evelyn Jackson. Mustafa Ozcan and Marry O'Shea all spoke requesting consideration for this appointment. PLUMBING BOARD: Applicant - Jeffrey J. Schwadz, Jeff Schwartz spoke requesting consideration. Robbins moved that the rules be suspended [o allow anyone present to address me Council if they so desire. Seconded by Nicholson Motion carded 6-C. Proof of publication certified by the Publisher on Notice of Hearing to consider borrew~ng money to extend a sewer line to the Landfill and City Manager recommending to approve Loan Agreement, presented and read. Robbins moved that the proof and communication be received and tiled Secondec by Nicholson. Motio~ carried 6-0. RESOLUTION NO. 19-98 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LOAN AGREEMENT AND EXECUTE A PROMISSORY NOTE WITH THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY FOR THE PURPOSE OF EXTENDING A SEWER LINE TO THE LANDFILL. Whereas, the City of Dubuque proposed to extend a sewer line to the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Landfill; and Whereas, the City of Dubuque desires to provide a direct connection from closed-cell waste water We[is to the City of Dubuque Waste Water Treatment Plant: and Whereas, providing said sewer connection would significantly reduce cos~s associated with pumping said wells and transferring said waste wa[er by truck for treatmen[ to the City of Dubuque Waste Water Treatment Plant;, and Whereas, the City of Dubuque reauires tinancial assistance ~o pay for construction of sam sewer line to be extended from Starlight Drive to the DMASWA landtilL NOW, THEREFORE. BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby determines that the financial assistance in the form of a no interest loan provided by the DMASWA for extension of a sewer line to the DMASWA landfill from Starlight Drive is necessary and is in the best interest of the citizens of the City of Dubuque. Section 2. That the Cityof Dubuque hereby authorizes the City Manager of the City of Dubuque to enter into e loan agreement and execute a promissory note wfth the DMASWA far the purpose of funding the extension of a sewer line to the DMASWA landfilL. Passed, approved and adopted this 19th day of January, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis. City Clerk Robbins moved to adopt the resolutier.. Seconded by Nicholson. Motion carded 6-0 Proof of publication certified by the Publisher on Notice of Headng to properb/ owners to consider adoption of an amendment to the 1996 PC Concrete Paving Project ¢¢2 (Clarke Ddve), presented and read. Buol moved that the proof be received and filed. Seconded by Robbins. Motion carded 6-0. City Manager recommending approval of amendment to include water service connections, presented and read. Buol moved that the communication be received and tiled and recommendation approved. Seconded by Robbins. Motion carded 6-0. RESOLUTION NO. 20-98 RESOLUTION WITH RESPECT TO THE ADOPTION OF AN AMENDMENT TO RESOLUTION OF NECESSITY NO 203-96 PROPOSED FOR THE 1996 PC CONCRETE PAVING PROJECT #2 Whereas, the City Counc~ has proposed an amendment to Resolution of Necessity No. 203-96 for the 1996 PC Concrete Paving Project ¢f~2. has given' notice of the public hesdng thereon as required by law; and Whereas. the public headng has been ' held, all persons offedng obje~dons have been heard and consideretior given to ail objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed amendment to Resolution of Necessity No. 203-96. Re.qular Session, January '19, 1998 NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the proposed amendment to Resolution of Necessity No. 203-96 described above is hereby: Adopted, without amendment, and ali objections flied or made having been dully considered are e Passed, adopted and approved this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest Map/A. Davis, C~ Clerk Buot moved adoption of the Resolution. Seconded by Robbins. Motion carried 6-0. Proof of publication certified by the Publisher on Notice of Public Hearing to designate the StoUt Place Urban Revitalization District; Long Range Planning Advisory Commission recommending adoption of the Stout Place Urban Revitalization Area Plan and City Manager recommending Council obtain public input on the proposed Stout Place Urban Revitalization Dis. as a tax abatement area, presented and read. Buol moved that the proof and communications be received and tiled. Seconded by Michaiski. Motion carded 60. An Ordinance Establishing Stout Place Area as an Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa, presented and read. Buci moved that this be considered the first reading only of the Ordinance. Seconded by Michalski. Motion carried 6-0. Appointment of Council Members and Staff to vadous Boards: Dubuque In-Futura requesting Council appoint Terry Duggan as Council representative, thereby replacing Katie Kdeg, who will remain as an at-large board member, presented and read. Buol moved approval of the request, that Terry Duggan be appointed as the Council representative, replacing Katie Kdeg and that Katie Krieg then would remain as an At-Large Board Member. Seconded by Michaiski. Motion carded 6-0. Dubuque Racing Association: Robbins moved that John Markham be appointed to replace Ann Michalski and that Mayor Duggan and City Manager Van Miliigen be reappointed. Seconded by Michalski. Motion carried 15 Greater Dubuque Development Corp. (GDDC). Upon discussion itwas resolved that Dirk Voetberg and Dan Nichoison continue to serve. Operation: New View Community Action Agency: Michalski moved that Joseph Robbins and Dan Nichoison continue to serve, though the C~bJ Manager's designee be changed to Tom Moran (Library Director). Seconded by Markham. Motion carried Rick Dickinson of Greater Dubuque Developmept Corporation requesting to gwe verbal status report on City projects, presented and read. Michaiski moved that the report be received and tiled. Seconded by Robbins. Motion carried 6-0. City Manager recommending budget amendment to purchase a Cairns Iris Thermal Imaging Unit for Fire Department with $25,350.00 donated by Dubuque Jaycees, presented and ~ read. Buol moved that the communication be received and tiled and recommendation approved. Seconded by Nicholson. Motion carried 6-0. City' Manager recommending approval to construct canopy at 140 W. 9th St., presented and read. Buol - moved that the communication be received and tiled. Seconded by Nichofson. Motion carried 6-0. An Ordinance Authorizing Firstar Bank to construct a canopy on their building at 140 W. 9th Street, and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 1-98 AN ORDINANCE AUTHORIZING FIRSTAR BANK IOWA, N.A. TO CONSTRUCT A CANOPY OVER THE BUILDING ENTRANCE NOW THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That Firstar Sank Iowa, N.A. as the .owner of the premises known as 140 W. 9th Street, Dubuque, Iowa and legally described as Block 8 n "Downtown Dubuque Plaza" be and they are hereby granted the revecable authority to construct and maintain a canopy over the entry under the terms and conditions set forth in Regular Session, January 19, 1998 this Ordinance. Section 2 That such construction sha~l be done in accordance with plans heretofore submitted by permittees and approved by the 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 permittees' agreement to: a. Assume any and a~l liability for damages to persons or propero/ which may result from the existence, location, installation, construction or maintenance of said canopy, and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the at~ached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the tiability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said canopy 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 canopy and to pay reasonable a~orney fees therefor: and d. Indemnity, defend and hold the City of Dubuque free and harmless from any and afl claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for 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 repair of the' facile, work or improvement permitted herein. Section 4 That the permission herein granted is expressly conditioned upon permittees' further agreement that should the fight and pfivilege herein granted be rescinded or revoked by the City Council, permittees or their successors ~n interest, as owners of the abutting property, shall within ten (10) days after receipt of wr~en notice from the City Manager. so to do. at their own expense, remove said canopy and in the event of their failure to do so. the City of Dubuque shall be authorized to remove said canopy ar permittees' expense and dispose of the same. and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said sign. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permlttees hereby covenant and agree not to assed such cisim or defense against the City of Dubuque in the event of claim asserted for death, personal injudes and/or properb/ damage against the permit'tees afising out of or in any way connected with the Iocation~ installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance she] become effective and the dghts hereunder accrue to Firstar Bank low~, N.A. when this Ordinance has bean adopted by the City Council and the terms and conditons thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, iowa. Passed, approved and adopted this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO_ 1-98 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 1-98, hereby, for themselves, their Successors or assIgn$~ as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by perm~ees. FIRSTAR BANK iOWA, N.A. By: Is/D. Michael Schaefer Title: Rea[ Estate Office Dated: 10/20/97 By:/s/Michael J. Muir A.V.P. FirstaL Dubuque Iowa Dated: 1/5/98 Published officially in the Te/egraph Hera/d newspaper this 26th day of January, 1998. It 1/26 Mary A. Davis CMC, City Clerk Reqular Session, Janua~ i9, i998 17 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Counc~ Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Motion carded 6-0. Buol moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carded 6-0. City Manager recommending amendments to Housing Code, presented and read. Michalski moved that the communication be received and flied. Seconded by Nicholson. Motion carded 6-0. An Ordinance Amending portions of Chapter 26 of the City Code of Ordinances regarding amendments to the Housing Code, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 2-98 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, CHAPTER 26, HOUSING REGULATIONS, BY: REPEALING SECTION 26-1(c) RELATING TO SCOPE AND APPLICATION AND ADOPTING IN LIEU THEREOF A NEW SECTION 26- 1(c) RELATING TO SCOPE AND APPLICATION; REPEALING SECTION 26-2(b) RELATING TO UNIT DEFINITIONS AND ADOPTING IN LIEU THEREOF A NEW SUB- SECTION (bi RELATING TO UNIT DEFINITIONS; AMENDING SECTION 26-3(b}(1)e. RELATING TO OWNER- SUPPLIED GARBAGE CONTAINERS BY ADOPTING A NEW PARAGRAPH RELATING TO OWNER-SUPPLIED GARBAGE . CONTAINERS; AMENDING SECTION 26-3(b){2)c. RELATING TO OCCUPANT RESPONSIBILITIES FOR STORAGE OF GARBAGE BY ADOPTING A NEW PARAGRAPH RELATING TO OCCUPANT RESPONSIBILITIES FOR STORAGE OF GARBAGE; REPEALING SECTION 26-10(b}(3)g. RELATING TO SANITARY FACILITIES IN CLASS B UNITS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH g. RELATING TO SANITARY FACILITIES IN ROOMING UNITS; REPEALING SECTION 26- 10(c)(3}a. RELATING TO FOOD PREPARATION IN CLASS B UNITS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH a. RELATING TO FOOD PREPARATION IN ROOMING UNITS; AMENDING SECTION 26- 10(d)(3)a.l. RELATING TO CEILING HEIGHTS BY ADOPTING A NEW PARAGRAPH RELATING TO SLOPING CEILING HEIGHTS; REPEALING SECTION 26-10(g)(3)e. RELATING TO EXTERIOR WOOD SURFACES AND ADOPTING IN LIEU THEREOF A NEW SECTION 26- 10(g)(3}e. RELATING TO EXTERIOR WOOD AND BRICK SURFACES; REPEALING SECTION 26-10(j)(3)b. RELATING TO EXTERIOR PAINTED SURFACES AND ADOPTING IN LIEU THEREOF A NEW SECTION 26- 10(j)(3)b. RELATING TO EXTERIOR PAINTED SURFACES. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA; Section 1. Section 26-1(c) of the City of Dubuque Code of Ordinances is hereby repealed and the following new Section 26-1 Ici' is hereby adopted in lieu thereof: The Housing Officer sha~ determine application of this prevision on a case by case basis when properly conditions are iden~ed not to be in accordance with current city code, and there are practical difficu~es invotved in caring out the provisions of this code. The Housing Officer must first find that a special JndMdual reason makss enforcemen[ of the stdct letter of this code impractical and that allowing the continuance of the construction, design~ arrangement, use or occupancy is in conformance with the intent and purpose of the code and will not lessen any reouirements to provide for the health or safety of the occupants or owners, or the public in general Sec~on 2. Section 26-2(b) of the City Dubuque Code of Ordinances is hereby repealed, and the fo[lowing new Section 26-2(b) is hereby adopted Jn lieu thereof:. (bi Unit Definitions. (1) Dwellino Unit, Any group of rooms used or intended for use for human habitation and having full facilities for pdva~e, human habitation, including living, steeping cooking and pdvate sanita~on facilities. (2) Rooming Unit. A dwelling unit having a single room with living ane sleeping facilities but excluding cookin~ facil~es. (3) ~ A dwelling unit 18 Regular Session, January 19, 1998 having no fewer than two rooms with living, sleeping and cooking facilities, and with one room providing private sanitation facilities. (4) Single Family Dwelling. A sI~ucture containing one dwelling unit and no more than one additional rooming unit. (5) Duele× Dweliina. A structure containing two dwelling units. (6) Muftir~le Unit r)weliina. A structure containing any combination of three or more dweliin~ or rooming units. (7) Rental Dweliino Unit A dwelling unit that requires a paymenT, money or sen/ices, m be made to the owner for the possession and use thereof. Section 3. Section 26-3(b)(1)e. of the City of Dubuque Code of Ordinances is hereby amended by adopting the following new paragraph: Garbage Disposal. In all residential districts other than those zoned R-1 single-family, containers shall not be stored in a front yard area or on the front porch of the dwelling, unless the Housing Official determines that it is impractical to provide an alternate, storage location. When stored m a side yard area, containers shall be screened from view from the public right of way by means of a permanently installed enclosure. Section 4. Section 26-3(b)(2)c. of the City of Dubuque Code of Ordinances s 3araby amended by adopting the following new paragraph: Storaoe and Disposal of Garbaoe. Ir all residential districts other than those zoned R-1 single-family, containers shall nm be stored in a t~ront yard area or on the front porch of the dwelling, unless the Housing Official determines that it is impractical to provide an alternate storage location. When stored in side yard area, containers shal be screened from view from the public right of way by means of a permanently installed enclosure. Section 5. Section 26-10(b)(3)g. of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 26-10(b)(3)g. is hereby adopted in lieu thereof: g. Sanil~rv Facilities Reauired dwelling units except rooming units shall have approved sanitary facilities for the exclusive use of the occupant(s) of the unit. Buildings with rooming units shall provide on each floor approved sanitary facilities, no less than one such facility for each six (6) rooming units. Section 6. Section 26-10(c}(3)a. of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 26-10(c)(3)a. is hereby adopted in lieu thereof.' a. Every dwelling unit except rooming units shall be provided with a room or portion of a room for a kitchen or kitchenette within the dwelling unit. Section 7. Section 26-10(d)(3)a.1. of the City of Dubuque Code of Ordinances is hereby amended by adopting the following new paragraph: If a room has a sloping ceiling, the prescribed ceiling height is required in no less than one-half (',~) the area thereof. No portion of the room measuring less titan five (5) feet from floor to ceiling shall be included in the computation of the mimmum ~oor area for the room. Section 8. Section 26-10(g)(3}e. of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 26-10(g)(3)e. is hereby adopted in lieu thereof: Exterior Wood and Bdck Surfaces. All extedor woo(: surfaces, and extedor brick surfaces when painted, shall be protected from water seepage and against deterioration with a paint covenng or some other suitable material. Section 9. Section 26-10 (j)(3}b. of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 26-100)(3)b. is hereby adopted in lieu thereof: All exterior painted surfaces shell be free from loose, flaking or peeling paint; all exterior wood and brick surfaces shall be treated as per subsection 26-10(g}(3)e. of this section. Section 10. This ordinance shall take effect immediately upon publication Passed. approved and adopted this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 26th day of January, 1998. It lf26 MaryA. Davis CMC. City Clerk Micha[ski moved 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 passed be suspended. Seconded by Nicholson. Motion carried 6-0. Michalski moved that the requirement Reqular Session, January :1~ 1998 19 that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be tina[ly passed be suspended. Seconded by Nichoisen. Motion carried 6-0. C~ Manager recommending acceptance of 1996 PC Concrete Paving Project ~ - Clarke presented and read. Robbins moved that the communication be received and tiled. Seconded by Nicholson. Motion carded RESOLUTION NO. 21-98 ACCEPTING IMPROVEMENT Whereas, the contract for the 1996 P.C. Concrete Paving Project ~ has been completed and the City Manager has examined the work and tiled his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Street Construction Fund, Local Option Sales Tax Fund, General Fund, and Road Use Tax Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, aPProved and adopted this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest: Map/A. Davis, City Clerk Robbins moved to adopt the resolution. Seconded by NichoJsen. Motion carried 6-0. RESOLUTION NO. 22-98 FINAL ESTIMATE Whereas, the contract for the 1996 P.C. Concrete Paving Project f¢2 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 CI-FY OF DUBUQUE, tOW.A: Section 1. That the cost of said improvement is hereby determined to be $2,253,956.37 and the said amount shall be paid from the Street Construction Fund, Local Option Sales Tax Fund, General Fund, and Road Use Tax Fund of the C~ of Dubuque, Section 2. That $361,772.05 of the cost thereof shall be assessable upon pdvate property and $1,892,184.32 shall be paid from Street Construction Fund, Local Option Sa~es Tax Fund, General Fund, Water Depreciation Fund and Road Use Tax Fund. Passed, approved and adopted this 19th day of January, 1998. Terrance M. Duggan; Mayor Attest MaryA. Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 23-98 RESOLUTION APPROVING PRE- LIMINARY SCHEDULE OF ASSESS- VENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 6 inclusive, are hereby determined to be the schedule of proposed assessments for the 1996 P.C. Concrete Paving Project ~Y2 - Clarke Drive and the valuations set out herein are hereby approved. Passed, approved and adopted this lgth day of January, 1998. Terrenca M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nichols0n. Motion carded 6-0, City Manager recommending approval of refunding of Parking Revenue Bonds, presented and read. Bu01 movedthatthe communication be received and - tiled and recommendations approved for refunding. Seconded by Robbins. Motion carried 6~0. . City Manager presented the Budget Documents for Fiscal Year 1999. Buol moved that the documents be received and tiled. Seconded by Michalski. Motion carried 6~0. City Manager requesting that a hearing be set for Monday, February 9, 1998 at 6:00 P.M. to obtain comments from citizens rela~ve to Proposed Annual A~on Plan for use of Community Development Block Grant Funds - Program Year 24, presented 20 Regular Session~ January 19, 1 998 and read. Micha[ski moved that the communication be received and filed and request approved. Seconded by Robbins. Motion carried 6-0. Zoning Advisory Commission advising of theit approval to rezone properly on E. 28th Street from R-2 to CS District, presented and read. Buol moved that the communication be received and flied. Seconded by Nicholson. Motion carried 6~0. An Ordinance Amending Zoning Map by reclassifying property (3 lots south of 28th Street) from R~2 Two-Family Residential Diatdct to CS Commercial Service and Wholesale District, presented and read. Buol moved 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 passed be suspended. Seconded by Nicholson. Motion carried 6-~. Buol moved that a Public Hearing be held on the proposed Ordinance on the 2nd day of February, 1998 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed Dy law. Seconded by Nicholson. Motion carded 6-0. City Manager submitting bidding documents providing for construction of Atlantic & Custer Streets Storm Sewer Improvements, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 24-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the proposed plans, specifications form of contract and es~marea cos[ for the Atlantic and Custer Street Storm Sewer ImprovemenTs, ir the estimated amount of $47,340.42, are hereby approved and ordered fi[ed in the office of the City Clerk for public inspection. Passed adopted and approved this 19th day of Jan uary, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 25-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas. the City Council of the C~' 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 pubtic inspection of the Atlantic and Custer Street Storm Sewer Improvements. NOW THEREFORE. BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 16th day of February, 1998, a public hearing will be held at 7:00 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 improvement, and the City Clerk be and is hereby directed to cause a notice of time anc place of such headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pdor to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, con~rac~, or estimated cost of the improvement Passed, adopted and approved this 19th day of January, 1998 Terrance M Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Micha[ski moved adoption of the Resolution. Seconded by Nichoison. Motion carded 6-0 RESOLUTION NO. 26-98 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE. iOWA: That the Atlantic and Custer Street Storm Sewer Improvements is hereby ordered to Be advedJsed for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amoun[ which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements ~erein provided, to be published in a newspaper having Regular Session, Janua~ ~1§; 1998 general circulation in the City of Dubuque, Iowa, which nofice shall not be less than four days nor more than twenty days pdor to the receipt of said bids at 2:00 p.m. on the 5th day of February, 1998. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 16th day of February, 1998. Passed, adopted and approved this 19th day of January, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, Cb Clerk Michalski moved adoption of the Resolution. Seconded by NJcholson. Motion carried 6-0: City Manager subm~ng bidding documents providing for construction of Keyway Intemeptor Sanitary Sewer Repairs project, presented and read. Robbins moved ~at the communica~on be received and tiled. Seconded by Buol. Motion carried 6-0. RESOLUTION NO. 27-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW~ That the proposed plans, specifications, form of contract and e~mated cost for the Keyway Intercep[or Sanitary Sewer Repair Project, Jn the estimated amount of $43,579.25, are hereby approved and ordered filed ~n the office of the City Clerk for public inspection. Passed, adopted and approved this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest Mary A. Davis, Cb Clerk Robbins moved adoption of the Resolution. Seconded by BuoL Motion carded 6-0. RESOLUTION NO. 28-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the C~ 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 inspecfior of the Keyway Interceptor Sanitary Sewer Repair Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 16th day of February 1998, a public headng will be held at 7:00 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 improvement, and the City Clerk be and is hereby directed to cause a no~ce of time and place of such headng to be published in a newspaper having genera circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pdor to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the ~mproveme~t. Passed, adopted and approved this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolu~on. Seconded by Buol. Motion carried 6-(~. RESOLUTION NO. 29-98 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Keyway Interceptor Sanitary Sewer Repair Project is hereby ordered to be adver~sed for bids for construction. BE tT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the pro~sions of the notice to bidQers hereby approved as a part of the plans and specifications heretofore adopted That the City C ark is hereby di~'ected to adverse for bids for the construction of the improvements hereto provided. to be published in a newspaper having genera] circulation in the City of Dubuque, iowa, which notice shall not be less than four days nor more than twenty days pdor to the receipt of said bids at 2:00 p.m. on the 5th day of February, 1998. Bids sha~J be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 16th day of February, 1998. Passed. adopted and approved this 19th day of January, 1999. Terrance M. Duggan, Mayor Attest:. Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. SecondedbyBuol. Motion carded 6-0. 22 Regular Session, January 19, 1998 City Manager submitting bidding documents for Curtis and State Streets Storm Sewer Reconstruction project, presented and read. Robbins moved that the communication be received and tiled. Seconded by Nicho[son. Motion carried 6-0. RESOLUTION NO. 30-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE BE T RESOLVED BY THE cFrY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans. specifications, form of contract and estimated cost for the Curtis and State Street Storm Sewer Recenstruddon, in the estimated amount of $38,726.20, are hereby anoroved and ordered filed in the office of the C~ Clerk for public JnsoectJon. Passed, adopted and approved this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 31-98 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 p~ans specifications, and form of contract and placed same on file in the office of the Cit3- Clerk for public insoectior ef the Curts and State Street Storm Sewer Reconstruction. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That on the 16th day of February, 1998. a public heating will be held at 7:00 p.m. in the Public Library Auditorium at which fJme interested persons may appear and be heard for or against the proposed plans and specifications form of contract and cost of said improvemen[, and the City Clerk be anc is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulatio~ in the City of Dubuque. iowa. which notice shall be not less than four days nor more than twenty days prior to the day fixed for its conalderafion. At the hearing, any interested pemon may appear and file objections [o the proposed plans, specifications, contract: or estimated cost of the improvement. Passed, adopted and approved this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nicholson. Motion carr ed 6-0. RESOLUTION NO. 32-98 ORDERING BiDS NOW THEREFORE, BE IT RESOLVED 3Y THE COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the Curts and State Street Storm Sewer Reconstruction is hereby orderec [o be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the secudty to accompany each bid shall be ir an amount which shall conform to the provisions ot the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation ir, 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 bids ar 2:00 p.m. on the 5th day of February, 1998. Bids shall be opened ano reao by the City Clerk at said time and will be submitted to the Council for final action st 7:00 p.m. on the 16th day of February, 1998. Passed, adopted and approved this 19th day of January, 1996. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nicholson. Motion carried 6-Q City Manager recommending vacating and disposing of alley between Central & White Streets and 8th St. to 9th St., r~resentad and read. Buol moved that the communication be receivec and tiled. Seconded by Nicholson. Motion carried 6-0 RESOLUTION NO. 33-98 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY BETVVEEN CENTRAL AVENUE AND WHITE STREET FROM 8TH STREET TO 9TH STREET Whereas. there has beer, presented to the City Council of the City of Regular Session~ January 19, 1998 23 Dubuque, Iowa, a plat dated December 12, 1997, prepared by Buesing and Associates, describing the proposed vacated alley between Central Avenue and White Street from 8th Street to 9th Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated December 12, 1997, prepared by Bueeing and Associates relatk, e to the real estate hereinabove described by and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress. and egress thereto, for the purpose of erecting, installing, .. constructing, reconstructing, repa~nng, owning, opera~ng, and maintaining water, sewer, drainage, gas, telephone, tv. cable, and electric lines as may be authorized by the City of Dubuque, Section 3. That access easements for the abutting property owners shall be established as shown on the plat of City Lot 280A: Section 4. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 19th day of January, 1998. Terranee M: Duggan, Mayor Attest Mary A: Davis; City C;erk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion ca[tied.6-0. An Ordinance Vacating alley between Central & White from 8th St. to 9th St, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 3-98 ORDINANCE VACATING THE ALLEY BETWEEN CENTRAL AVENUE AND WHITE STREET FROM 8TH STREET TO 9TH STREET Whereas, William H. Hendricks, Jr. representing Heedricks Feed and Seed Company, inc. has requested the vacating of a~ley between Central Avenue and White Street from 8th S~reet to 9th Street; and Whereas; Buesing and Associates has prepared and submitted to the City Counc~ a plat showing the vacated po~on of alley between Central Avenue and White Street from 8th Street and 9th Street and assigned numbers thereto, which hereinafter shall be known and described as City Lot 280A, in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque Iowa has determ ned that alley between Central Avenue and White Street from 8th Street and 9th Street is no longer required for public use, except for utility and access easements as noted, and vacating of said alley known as City Lot 280A in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE; BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as City Lot 280A in the City of Dubuque, iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing,., constructing, reconstructing, repamng, owning, operating, and maintaining water, sewer, drainage, gas, talephone, t:v. cable, and elecffic lines as may be authorized by the City of Dubuque, Iowa. Section 3. That access easements for the abutting property owners shall be established as shown on the plat of City Lot 280A. Passed, approved and adopted this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Published officially in the Telegraph Herald newspaper this 26th day of January, 1998. It 1/26 MaryA. Davis CMC, City Clerk Buol moved 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 )aesed be suspended. Seconded by Nicholson. Motion carried 6-0. Buol moved final consideration and passage of the Ordinance, Seconded by Nicholeen. Motion carded 6-0. RESOLUTION NO~ 34-98 RESOLUTION DISPOSING OF CITY 'INTEREST IN ALLEY BETWEEN CENTRAL AVENUE AND WHITE STREET FROM 8TH STREET TO 9TH 24 Regular Session, January 19, 1998 STREET IN DUBUQUE, IOWA Whereas, the William H. Hendricks, Jr. representing Henddcks Feed and Seed Company, Inc. has requested the vacating of alley between Central Avenue and White Street from 8th Streel to 9th Street: and Whereas. Bussing and Associates has prepared and submitted to the City Council a plat showing the vacated portion of alley between Central Avenue and White Street from 8th Street to 9th Street and assigned lot numbers therete, which hereinafter shall be known and described as City Lot 280A in the City of Dubuque, Iowa; and Whereas, the City Council of the City. of Dubuque, Iowa has determined that this alley between Central Avenue and White Street from 8th Street to 9th Street is no longer required for public use, except for utility easements and access easements as noted, and vacating and sale of said alley ~(nown as City Lot 280A in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE. BE' IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE IOWA: Section 1 Thatthe City of Dubuque intends to dispose of its interest in City Lot 280A in the City of Dubuque, iowa. Section 2. That the conveyance of City Lot 280A in the C~ of Dubuque, Iowa to Hendricks Feed and Seed Company, Inc. be contingent upon the payment of $5,051.25, plus platting, publication and filing fees. Section 3. The C~ of Dubuque reserves unto itself a perpetual easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, :. co[~stru~ng, reconstructing, repamng, own~ng, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the C~ al Dubuque, Iowa. Section 4. That Access easements for abutting property owners shall be established as shown on the plat o~f City Lot 280A: Section 5. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of' the Resolution setting this matter for Public Hearing on 2-2-98 at 7:00 p.m. in the Public Library and the City Clerk to publish notice in the manner prescribed by law. Seconded by Nichdison. Motion carried 6-0. City Manager recommending vacating and disposing of porfior of Butterfield Rd., presented and read. Buol moved that the communication be "eceived and filed. Seconded by Rabbies. Motion carried 6-0. RESOLUTION r',lo. 35-98 RESOLUTION APPROVING PLAT OF PROPOSED VACATED BUTTERFIELD ROAD Whereas. there has been presented [o the City Council of the City of Dubuque, Iowa, a plat dated December 15, 1997, prepared by Buesing and Associates, describing me proposec vacated portion of Butterfield Road; aha Whereas. said plat conforms t~ the laws and statutes pertaining thereto. NOW THEREFORE, BE _ iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated December 15, 1997, prepared by Buesing and Associates, relative to the real estate hereinabove described by and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed [o execute said plat for and an behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the dght of ingress and egress thereto, for the purpose of erecting, inatalling, constructing, reconstructing, repairing, owning, operating, and maintaining .~water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of Lot lA Block 3 of MetteFLink Addition. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, ~' in and for Dubuque County, Iowa. ' '- Passed, approved and adopted this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 6-0. . An Ordinance Vacating a 5 foot Reqular Session, January 19, 1998 25 width of Butte~eld Road located South of Carter Road, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 4-98 ORDINANCE VACATING THE WESTERLY FIVE FEET OF BUTTERFIELD ROAD SOUTH OF CARTER ROAD Wherees~ Kenneth A. & Blanche L. Johnson have requested the vacating of the westerly five feet of ButterfJeid Road south of Carter Road; and Whereas; Buesing and Associates have prepared and submitted to the City Council a plat showing the vacated portion of Butterfield Road, and assigned lot numbers thereto, which hereinafter shat[ be known and described as Lot IA Block 3 of Met'tel- Link Addition in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Butteffield Road is no longer required for public use, except for utliby easements as noted, and vacating of said per'dons of Butterfleid Road known as Lot lA Block 3 of MsttekUnk Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot lA Block 3 of Mattel- Link Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authored by the C~ of Dubuque, Iowa, as shown on the plat of Lot lA Block 3 of Met[el-Link Addition. Passed, approved and adopted this 19th day of January, 1998. Terrance M. Duggan, Mayor At~estz. Maw,&. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 26th day of January, 1998. It 1/26 MaryA. Davis CMC, City Clerk Buei moved 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 ~assed be suspended. Seconded by Robbins. Motion carried 6-0. Buol moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 6-0. RESOLUTION NO. 36-98 RESOLUTION DISPOSING OF CITY INTEREST IN LOT lA BLOCK 3 OF METTEL-LINK ADDITION, DUBUQUE, IOWA Whereas, the Kenneth A. & Blanche L. Johnson have requested the vacating of the westerly five feet of Buttenleld Road south of Carter Road; and Whereas, Buesing and Associates have prepared and submitted to the ;tiy Council a plat showing the vacated )o~0n of Bufterfield Road and assigned lot numbers thereto, which hereinafter shall be known and described as Lot lA Block 3 of MetteI- Unk Addition in the City of Dubuque, Iowa; and Whereas, the City C0uncli 0fthe City of Dubuque, Iowa has determined that Butterfield Road is no longer required for public use, except for utility easements as noted, and vacating and sale of Said portions of alleys and streets known as Lot lA Block 3 of Mattel-Link AddiSon in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ' Section 1. That the City of Dubuque intends to dispose of its interest in Lot lA Block 3 of Mattel-Link Addition in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot IA Block 3 of MetteI-Unk Addition in the City of Dubuque, Iowa to Kenneth A. & Blanche L. Johnson be contingent upon the payment of $300.00, plus platting, publication and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the fight of ingress and egress thereto, for the purpose of erecting, installing,., constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of Lot lA Block 3 of Mattel-Link Addition. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the Regular Session, January 19, 1998 manner as prescribed by law. Passeo. approved and aaopted this 19th day of January, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution and thai this matter be set for Public Headng on 3-2-98 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carded 6-0 At 8:30 p.m. Buol moved to go into Closed Session iq accordance with Chapmr 21.5 1.(c) State Code of iowa. 1997 as amended, To discuss strategy with counsel in matters that are presently in litigation and 21.5 l.(j) To discuss [he purchase of panticular rea[ estate where prema[ure disclosure could De reasonabiy expected to increase the price the governmental body would have to pay for that property. Seconded by Markham. Motion carried 6-0. At 9:22 p.m. Council reconvened in to Regular Session wfth statement thai Staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by MichalsPJ. Motion carded 6-0, The meeting adjourned at 9:24 p.m. Mary A. Davis CMC City Clerk Approved ,~' '~ 1998 Adopted ~/ ~ 1998 Council Members City Clerk/ ~