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1993 September Council Proceedings Regular Session, September 7,1993 334 333 Special Session, August 19, 1993 ~llJ Approved ,', ;,L<- c',' ,,~ 1994. 't ' ,. /' Adopted 0' 1." '"",', l ,1994. /~'i ,';,. /"2' I ..¿~< ' . {/!// ,'-- - --¡ DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, Tuesday, September 7, 1993 Council Met at 7:30 p.rn. Public Ubrary Auditorium Present: Mayor Brady, Conncil Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg, City Manager Micbael C. Van Milligen, Corporation Counsel Barry A. lindahl Mayor Brady read !be call and stated this is lite Regular Session of lite City Council called for lite purpose to act upon snch bnsiness which may properly come before lite Council. Council Members Invocation was given by Rev. Robert Pleiness, Pastor, Bible Baptist Church, AtteSt: /,, ð 'I },.: A,'l" . ' , I City Clerk PROCLAMATIONS -- Recognition of "Volunteers for Building FIondwall"; Sept 6-11 as "Union Label Week" received by Francis Giunta; Sep<. 1()'12 "Recognizing USA International Dragonboat Festival" received by Earl Brimeyer; Sept 12-18 as "Youth Leadership Week" received by Ka1rlna Wilberdiag. The City also accepted a Proclamation fiom the City of Des Moines designating September 181it as "The City of Dubuque, H & W Motor Express Company and Swiss Valley Farms Appreciatiun Day" in lite City of Des Moines. Certificates of Appreciation were presented to City Employees Bob Boleyn, Jim Reardon, Bill Schwegmann and Jeff Petty. Council Member Nagle moved that lite rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Conncil Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Proof of Publication eertified to by lite Publisher on Notice of Hearing on Plans and Specifications for construction of Nordtwest Arterial Water Msin Project presented and read. There were no wOOen objections received and no oral objectors present at lite time of the Hearing. Council Member Nagle moved that lite proof of pnblication be received and filed. Seconded by Council Member Robbins. Carried by lite following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 275.93 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2nd day of August, 1993, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubnque. Iowa, for the Nordtwest Arterial Water Msin Project and Whereas, notice of hearing on plans, specifications. fonnof contract and estimated cost was published as reqnired by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That lite said plans, specifications, fonn of contract and estimated cost are hereby approved as lite plans, specifications, form of contract and estimated cost for said improvements for said project Passed, approved and adopted this 7th day of September, 1993. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution, Seconded by Cuuncil Member Rubbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Proof of Publication certified to by the Publisher ou Notice to Bidders of the Receipt of Bids for the Constructiou of the Nordtwest Arterial Water Main Project and communication of City Manager recommending to award contract for project, presented and read. Council Member Nagle moved that !be proof and communication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 27'.93 AWARDING CONTRACT Whereas, sealed proposals have been suhenitted by contractors for the Nordtwost 335 Regular Session, September 7, 1993 Arterial Water Msin Project pnrsuant to Resolution No. 238-93 and notice to bidderl published in a newspaper in the City of Dubuque, Iowa, on the 6th day of AugUlt 1993: and Whereas, said sealed proposals were opened and read on !be 19th day of August 1993, and it has been determined that the bid of Nordtwestern Deveiopruent Inc., East Dubuque, lllinois, in the amount of $178,526.01 was the lowest bid for the furnisbings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section \. That !be contract for the above improvement be awarded to Northwestern Development Inc., and the City Manager be and is hereby directed to execute a contract on behall of the City of Dubuque for the complete performance of !be work. Section 2. That upon the signing of said contract and the approval of the contractor's bund, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7th day of September, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Council Member Nagle moved adoption of lite Resolution. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle Nicholson, Robbins, Voetberg, Nays-None. Proof of Publication certified to by lite Publisher on Notice of Public Hearing to consider reclassifying property located at 3195 Jackson Street fiom C-2 toC-3 Dis1rict and petition of Tom Brimeyer requesting the rezoning of property located at 3195 Jackson St be tabled for a brief time, presented and read. Couucil Member Nagle moved that lite proof of publication be received and filed. Seconded by Council Member Nicholson. Carried by the followiug vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Tony Daggan, as ageut for the property owuers, spoke to this maUer. An ORDINANCE Amending Zoning Ordinance by reclassifying property located at 3195 Jackson Street from C-2 Neighborhood Shopping Center Dis1ricttoC- 3 Geueral Commercial Dis1rict presented and read. Council Member Nagle moved that this be tabled to !be Council Meeting of 9-20-93. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholsou, Robbins, Voetberg. Nays-None. Petition of Mary Miller requesting COUIideration be giveu to leasing the rest of the riverfront startiug at !be south end of Riverview Park to the Boat Ramp, presented and read. Council Member Voetberg moved that the petition be received and filed and referred to the City Manager and Parle and Recreation Commission. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of River City Paving Co. requesting to address the Council to discuss repairs and other maUers being done on 1992 Central Ave. project, presented and read, Council Member Robbins moved that lite communication be received and flied. Seconded by Council Member Nagle, Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbius, Voetberg. Nays-None. Attocuey Tom Miller, representing River City Paving, reported on process for repairs to Central Ave. Petition containing 53 signatures requesting that the proposed iustallation of the basketball hoop iu Jackson Park be either cancelled or delayed uutil a later date, preseuted and read. Couucil Member Krieg moved not to reinstate basketball hoop in Jackson Park and iustrUct Staff to look at other alternatives. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle Nicholson, Robbius, Voetberg. Nays-None. Ann Michalski of 1504 Iowa, James Juno of 1534 Iowa, Carol Jobusou of 1578 Iowa, Paul Chara of IS68 Iowa, all spoke statiug that the basketball playing is disruptive to the neighborhood and requested it not be reinstalled. Brad Parks concurred with other commeuts and also questioned !be specifics of lite definition for that Park. Residents of Kensingtou Place (Loren & Cheri Ziblke, Ed McDermott, Jim & Lois Conzett, Darleue Hogan and Mary Ehlert) Regular Session, September 7,1993 336 resubmitting their claims for backup sewer damages occurring fiom January 2, 1991 to AugUlt 16, 1993 and requesting payment of these claims in order to repair and replace damages, presented and read. Council Member Krieg moved that the requested he referred to the Legal Staff and Council. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Mary Ehlert spoke regarding her clairn. Communication of City Manager recommending to adopt plans and specifications for 1993 Aspbalt Paving project and rebid project presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Conncil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-Noue. RESOLUTION NO, 277.93 RESOLUTION ADOPTING PLANS AND SPECIFIC A nONS AND ORDERING BIDS Whereas, on the 2nd day of June, 1993, plans, specifications, fonn of contract and estimated cost were filed with the City Clerk of Dubnque, Iowa for the 1993 Asphalt Paving Projec~ and Whereas, notice of hearing on plans, specifications, form of contract and estimated cost was published as required by law; and Whereas, a public hearing was held on said plans, specificatious, fonn of contract and estimated cost on July 6, 1993, at which time !be Council directed that changes be made to the specifications for the project NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section \. That !be plans, specifications, form of contract and estimated cost of the 1993 Asphalt Paving Project are hereby approved as amended. Section 2. That the 1993 Asphalt Paving ~ect is hereby ordered to be advertised for bids for COUItruction. Section 3. That the amount of security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as part of the plans and specifications heretofore adopted. Section 4. That the City Clerk is hereby directed to advertise for proposals for lite constrnction of the improvements herein provided, to be published in a newspaper having general cirealation in the City of Dubuque, Iowa, which notice shall not he less than 4 days nor more than 20 days prior to the receipt of said bids at 2:00 p.rn. on the 15th day of September, 1993. Bids shall be opened and read by the City Clerk at said time and will he submitted to the City Council for final action at 7:30 p.m. on the 20th day of September, 1993. Passed, approved and adopted this 7th day of September, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetberg moved adoption of !be Resolution. Seconded by Council Member Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager requesting approval for a study with Interstate Power Company to investigate Energy Saving Improvement at Water Pollution Coutrol Plant for an amount of $50,000, presented and read. Council Member Voetberg moved that the communicatiou be received and filed and recommendatiou approved. Seconded by Council Member Robbins, Carried by the following vote: Yeas-Mayor Brady, Council Members Klnesner, Krieg, Nagle Nicholson, Robbins, Voelberg. Nays-None. Communication of City Manager requesting authorization to hire Strand Associates to conduct evaluation of treatment alternatives and design of Phase II Construction at the Water Pollution Conlrol Plant 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 Brady, Council Memhers Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays-Council Member Nagle. RESOLUTION NO. 278-93 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH STRAND ASSOCIATES, INC. FOR THE PURPOSE OF PROVIDING ENGINEERING DESIGN SERVICES FOR PHASE" IMPROVEMENTS AT THE 337 Regular Session, September 7, 1993 WATER. POLLUTION CONTROL PLANT Whereas, Strand AslOCÍaœs, Inc., has submiUed to !be City an agreement to conduct design services for Phase II Improvements in an amount not to exceed $62,500; and Whereas, funds have been legally appropriated for this expenditure. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That !be City Manager be authorized to execute !be agreement for engineering servines with Strand AslOCÍates, Inc., dated August 16, 1993, for the Phase II Improvement project at the Dubnque Water Pollution Control Plant Paased, approved and adopted this 7th day of Seplember, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Council Member Kluesner moved ad<J >tion of !be Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Memhers Kluesner, Krieg, Nicholson, Robbius, Voetberg. Nays-Council Member Nagle. Council recessed at 9:09 p.m.; Council reconvened at 9:30 p.rn. Communication of City Manager recommending approval of lite formation of Couler Valley Urban Drainage Dis1rict and entering into a FIexsteel Drainage Improvement Agreement presented and read. Council Member Voetberg moved that the communica60n be received and filed and request approved. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO, 279.93 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY, IOWA, ESTABLISHING THE COULER VALLEY URBAN DRAINAGE DISTRICT, Whereas, Iowa Code Chapter 28E permits local govemments in Iowa to make efficient use of their poweR by enabliug litem to provide joint services and facilities and to cooperate in other ways of mutua! advantage; and Whereas, Iowa Code Section 468.585 allows a county and one or more cities within the county, pursuant to an agreemeut entered into by the coonty and cities in acoordance with Iowa Code Chapter 28E, to define an urban drainage dis1rict with respect to drainage improvements which the county and cities determine benefit the property located in the cities and the designated unincorpnrsted area of the county; and Whereas, the City of Dubuque and Dubuque County now desire to enter into such an agreement for !be pwpose of establishing an urban drainage dis1rict and cooperating in the construction, improvement or repair of drainage improvements for the collection, detention, or discharge of drsinage or surface waters in the dis1rict and in exercising all power or powers, privileges or authority exercised or capable of beiug exèrcised by the City and the County in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreemeut for the Establishmeut of the Couler Valley Urban Drainage Dis1rict, attached hereto, is hereby approved, and the Mayor is hereby authorized and directed to sign said Agreement on behalf of !be City of Dubuque. Section 2. Said Agreement shall take effect upon proper execution by Dubuque County, Iowa, and upuu filing with lite Secretary of State and recording with the Dubuque County Recorder, as reqnired by law. Passed, approved and adopted this 7th day of Seplember, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Council Member Voetberg moved ad<J >tion of !be Resolution, Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager requestiug to go for proposals regarding development of site located at 16th & Kerper Blvd., presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Regular Session, September 7, 1993 Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-Noue. RESOLUTION NO. 280.93 RES~UTWN (I) A~R~I~ THE MINIMUM REQUIREMENTS, COMPETI11VE CRITERIA, OFFERING DOCUMENTS AND PROCEDURES FOR DISPOSITION OF CITY PROPERTY LOCATED AT SIXTEENTH STREET AND KERPER BOULEY ARD AND (2) SOLICITING PROPOSALS Whereas, the City of Dubuque, Iowa, is the owner of approximately 2.47 acres of land located at the nordtwest corner of Sixteenth Street and Kerper Boulevard which land is legally described hereinafter; and Whereas, the City has received inquiries abont acqnisition of said property for the development of commercial or industrial uses; and Whereas, in order to establish procedures for disposition of the property in aecocdance with the statutory requirements of Chapter 364, Cnde of Iowa, 1993, particulady Section 364.7 and to assure that the City extends a full and fair opportunity to all developers interested iu submitting a proposal, a summary of submission reqniremeuts and minimum reqnirements and competitive criteria for the property offering has been prepared and is attached hereto as Exhibit" A" and by this reference is made a part hereof, which sets out the minimum reqnirements each proposal must satisfy in order to qnalify for consideration with respect to the competitive criteria, the information and documents which must be suheniUed, and the scbedule for submission and selection procedures; and Whereas, to give full and fair opportunity to developers interested in submittiug proposals for lease or sale and devel<J >ment of !be property, this Council should by this Resolution: 1. Set lite disposition prine for the property; 2. Approve the guidelines for submission of proposals for the lease or purchase and development of the property and the minimum reqnirements and competitive criteria attached hereto as Exhibit "A"; 3. Set a date for receipt of proposals and lite opening thereof and provide for review of such proposals with recommendations to this Conncil in accordance with established procedures; 4. Approve and direct publication of a notice to advise any would be developen of the opportunity to compete for lease or purchase of the property for development on the terma and conditions set out above; 5. Declare that in the event a qualified proposal is timely submiUed and accepted, aoother and future notice will he published on the intent of the City to enter into the resulting lease or sale contract as reqnired by law; and Whereas, this Council believes it is in lite hest interest of lite City to act as' expeditiously as possible to offer this property for development as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following described property shall be offered for lease or sale and development in accordance with the terms and conditions contained in this Resolution, to wit: Lot I Riverfront Subdivision No.4, City of Dubuque Less that area sold to the State of Iowa described as follows: Bounded on the nordtwest and west by the respective nordtwest and west lines of Lot I, Riverfront Subdivision No.4, City of Dubuque, Iowa; and on the southeast by a line beginning at a point 24.6 feet distant southerly fiom northwesterly comer of said Lot I on the west line thereof; thence northeasterly to a point 54.6 feet distant northeasterly from said nordtwesterly comer, on the nordtwest line of said Lot I; contaioing 649 square feet more or less. Section 2. That the fixed disposition price of the property shall be per $242,000 for purchase which is as recomroended in an August 24, 1993 ~salreportprepared by the firm of Carlson, McClure and McWilliams, Inc. of Des Moines, Iowa. The lease rate shall be $24,200 per year for the first five years of a long-term lease. Section 3. That it is hereby determined that in order to qualify for consideration for selection each Developer must submit a proposal which meets these minimum reqnirements: (a) Contains an agreement to lease or buy the property at the fixed disposition price; (b) Is for the development of the property for indus1rial or commercial use; 338 Regular Session, September 7, 1993 340 339 Regular Session, September 7, 1993 (c) Includes a construction schedule in which lite construction of a principal building il commenced within tWelve (12) months and ÍI lubltantially ~ete within eighteen (18) I months of the date of we or lease; (d) Includes the wriOen commitment of , the Developer to establish covenants or other legally binding inltrumenll on the developruent and operation of the Property which limit all free- ltanding ligns to a maximum of twenty-five (25) feet in heigh~ res1rict all oollide storage to appopriately screened areas only; and require loog-term, continoous maintenance of property appearance; (e) Includes a wriOen commitment for permanent financing or provides throogh other means acceptable to the City similar demonstrative evidence of the financial capacity of the developer to timely commence and complete the proposed developruent activities; (0 Includes the written commitment of the Developer to submit all site plans, building elevations and exterior building materials to lite City Council for approval; (g) Sell out or provides throngh other means acceptable to the City lite Developer's experience in working with other development projects and with construCtioo; and (h) Sets out or provides throngh other means acceptable to the City lite experience of the principals and key staff who are directly engaged in performance of contract obligations in carrying out projects of similar seale and character. Section 4. That it is hereby determined that each proposal which satisfies the minimum requirements as determiued by the City, shall be reviewed on the basis of the strength of such propolal as judged by lite following compatitive criteria: (a) Qnality of the proposal (I) The overall cost and total cost of elements of the projec~ (2) The types of materials shown for construction of the structure; and (3) Overall project amenities. (b) Architectural design of the proposed developrueut (I) Compatihility of the design with surrounding structures, vistas, pedes1rlan traffic, vehicular activities and future development of adjacent property; (2) The functional desigu of the site, structure and all public spaces; and (3) The aesthetic qnality of Ihe developruent (c) Economic feasibility of the proposed developruent (I) The economic return to the community provided by the proposed developruent including, but not limited to, the property and aales tax generated, the number of jobs provided and lite encouragement of similar and related development in the area; and (2) The ability of the prospective developer to fiuance and complete the project as proposed. Section 5. That it is hereby determined that the disposition price for the property offered to the Developer shall be in the amouut as established by this Council. Section 6, That the official notice of this offering of the City shall be a true copy of this Resolution, but without the attachments referred to herein. Section 7. That the City Clerk is authorized and directed to secure immediate publication of said official notice in Ihe Tele.raph Herald, a newspaper having a general circulation in the community, by publication of the text of this Resolution on or before the thirteenth day of September, 1993. Section 8. That written proposals for the lease or sale and development of the property will be received by the City Manager or hÍl designated ataff member at or before 10:00 a.m.. November 10, 1993. Said proposals will be received in the office of the City Clerk, located on the first floor at City Hall, Dubuque. Iowa 52001. Each proposal will be opeued at the hour of 10:00 a.rn. iu City Hall. Dubuque, Iowa on November 10. 1993, Said proposals will then be presented to the City Council at 7:30 p.rn., November IS, 1993, at a meeting to be held in the Auditorium of the Carnegie Stoot Public Ubrary, Dubuque, Iowa. Section 9. That the reqnired documents for the submission of a propoaal shall be in substantial conformity with the provisions of this Resolution. Section 10. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubnque, Iowa, to receive proposals for the 1ease or sale of the property fiom Ihe City Manager or his designated staff member at the date and according to the procedure hereinabove specified for receipt of snch proposals and to pro<feed at such time to formally acknowledge receipt of each of such proposals by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary analysis of each such proposal for CO"1'liance with the minimum requirements established by this Council hereinabove. For each proposal which satisfies these requirements, the Council shall judge the Itrenglit of the proposal by lite conspetitive criteria established hereinahove. The Council shall then make the final evaluation and selection of the proposals. Section II. That in the event a qUlJified propoaal is timely lubmiUed and aceepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting contract for lease or sale, as reqnired by law. Section 12. This resolution authorizes a requelt for propoaals only and not an offer for sale. The City Council reserves the right to reject any or all proposals for any reason it determines to be in lite best interest of the City. Passed, approved and adopted this 7th day of September, 1993. James E. Brady Mayor Whereas, the City of Dubuque is commiUed to enforcement of hoosiag quality standards and to the provisiun of assistance toward Ihe additiun of housing units to lite City's inventory; and Whereas acquisition of suitable properties, in specific instances, Is an appropriate means of achieving these goals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby gives notice of its intent to acquire the following legally descrihed property fiom the seller, Robert Knupp: East Twenty-Nine Feet Six Inches (E29'6") of Lot Nine (9) iu Kelly's Subdivision in lite City of Dubuque, Iowa, Dubuque County, Iowa, accordiug to Ihe recorded plat thereof at the cost of Sixteen Thousand Dollars ($16,000), subject to the review and approval of a deed couveyiug snch property. Section 2. That the City Manager is hereby authorized and directed to purchase said property. Passed, approved and adopted this 7th day of September, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Council Member Krieg moved adoption, as amended, of the Resolution. Seconded by Council Member Voetherg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg. Nagle Nicholson, Robbins, Voetberg. Nays-None. Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg. Nagle Nicholson, Robbins, Voetherg. Nays-None. Communication of City Manager recommending to purchase 3 in-car cameras for Law Enforcement vehicles, presented and read. Council Member Robbins moved that the communication be received and filed and purchase approved. Seconded by Council Member Nicholson, Carried by lite following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nays-None. Communicatiou of City Manager requesting Council refer the matter of alternative fee schedule for special exceptions using a proposed limited setback waiver for some special exceptions for the Zoning Commission for their consideration through the public heariug process, presented and read. Conncil Member Krieg moved that the communicatiun be received and filed and referred to the Zoning Commission. Seconded by Cooncil Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager recommendiug to purchase property at 692 University Ave., preseuted and read. Council Member Nagle moved that the communication be received and filed. Seconded by Cooncil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager suhenitting pnIicy proposals to be suhenined to the National League of Cities, presented and read. Conncil Member Nagle moved that the communication he received and med and proposals approved. Seconded by Council Member Nicholson. Carried by the RESOLUTION NO. 281.93 RESOLUTION OF INTENT TO ACQUIRE REAL ESTATE AT '92 UNIVERSITY AVENUE, DUBUQUE, IOWA, TO THE CITY OF DUBUQUE, IOWA. 341 Regular Session, September 7,1993 following vote: Yeas-Mayor Brady, Council Mornhers Kluesner, Kriq¡, Nagle Ni<:hollon, Robbins, Voetberg. Nays-Nooe. Communication of City Manager submitting revision of Chapter 22 - Garbage, Trash and Refuse Ordinance, preaented ond read. Council Member Krieg moved that the conwnunlcation be reoeåved and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeu-Coonci\ MembeR Kluesner, Kriq¡, Nagle, Robbins, Voetherg. Nays-Mayor Brody, Council Member Nicholson. An Ordinance Amending Code of Ordinances by enacting a new Chapter 22 "Solid Waste" providing for the regulation of Solid Waste and establishing penalties for the violatioo thereof, preaented and read. Cooncil Member Krieg moved that this be considered the first reading of the Ordinance. and that the requirement that a proposed Ordinance he 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 Nagle. Vote on !be motion was as follows: Yeas-Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg. Nays-Mayor Brady, Council Member Nicholson. MOTION FAILED DUE TO LACK OF A 3/4 VOTE. Council Member Krieg moved that this reading be considered !be first reading only of the Ordinance. Seconded by Council Member Voetberg. Carried by !be following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-Nooe. Communication of City Manager submitting revisions to Chapter 19 - Fire Prevention and Protectioo Ordinance, preaented and read. Cooncil Member Kluesner moved litat the communication be received and filed. Seconded by Council Member Voetberg. Carried by lite following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-Nooe. An Ordinance Amending Chapter 19, "Fire Prevention and Protection" by adopting new Sections 19-9 throngh 19-11 prohibiting open burning. preaented and read. Council Member Kluesner moved that this be considered the first readiug only of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady. Cooncil Members Kluesner, Krieg, Nagle Nicholson, Robbius, Voetberg. Nays-None. Communication of City Manager submitting ameudment to lite National Elec1rieal Code, preseuted and read. Council Member Voetberg moved that the communication be received and filed, Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Couucil Members Kluesner, Krieg, Nagle Nicholson, Robbins. Voetberg. Nays-None. An Ordinance Amending Section 18-2 providing for an amendmeut to the National Electric Code, 1993 Edition, by amendiug See. 225-26 relating to the support of overhead conductor spans by live vegetation, to permit decorative lights in Washingtou Pad< and Towu Clock Plaza under certain circumatances. preseuted and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 50.93 AN ORDINANCE AMENDING SECTION 18.2 OF TIlE CITY OF DUBUQUE CODE OF ORDINANCES PROVIDING FOR AMENDMENTS TO THE NATIONAL EI.ECTRIC CODE, 1993 EDITION, BY AMENDING SEC. 225.26 RELATING TO TIlE SUPPORT OF OVERHEAD CONDUCTOR SPANS BY LIVE VEGETATION, TO PERMIT DECORATIVE LIGHTS IN WASHINGTON PARK AND TOWN CLOCK PLAZA UNDER CERTAIN CIRCUMSTANCES, Section 1. Section 18-2 of the City of Dubuque Code of Ordinances is amended as follows: AIL 225. Article 225, "Outside Branch Circuits and Feeders" is amended as follows: 225-26. Live vegetation. Uve vegetation such as trees shall not be used for support of overhead conductor spans. However. upon application to the City Manager and upou such terms and conditions as the City Manager shall require. trees in Towu Clock Plaza and in Wasbington Park may be used for temporary decorative lightiug fiom November I until January 15 of the following year. Exception: For temporary wiring in accordance with Article 305. Regular Session, September 7,1993 342 Pasaed, approved and adopted this 7th day of September, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published ia the Telegraph Herald newspaper this 13th day of September, 1993. Mary A. Davis CMC City Clerk 11 9/13 Council Member Voetberg moved litat this be considered !be first reading of lite Ordinance. and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetiags prior to !be meeting at which it is to be finally adopted be suspeaded and further moved final adoption of the Ordinance. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholsoo, Robbins, Voetberg. Nays---None. Communicatiou of City Manager recommending approval to execute the contract with Five Flags Center and the Dubuque Fighting Ssiuts Assn.. presented and read. Council Member Voetberg moved that !be communication be received and filed and recommendation approved, Seconded by Cooncil Member Robbins. Carried by the following vole: Yeas-Mayor Brady, Council Members Kluesuer, Krieg. Nagle Nicholson, Robbins, Voetberg. Nays---None. Communication of City Manager recommending not to request a Judicial Review regardiug the State Appeal Board's decision, preseuted and read, Council Member Kluesuer moved that the communication be received and filed and coucurted with recommendation. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Council Members Kluesner, Krieg, Robbins. Voetberg, Nays-Mayor Brady, Council Members Nagle, Nicholson. Communication uf City Manager recommending approval of Land of Festivals Purchase of Services Agreement in the amount of $8,240,00, presented and read. Council Member Kluesner moved that the communication be received and filed and Agreement approved. Seconded by Council Member Nicholsou. Carried by the following vote: Yeas-Mayor Brady, Couucil Members Kluesner, Nagle Nicholson. Robbins, Voetberg. Nays-None. Abstain--Conncil Member Krieg. Communication of City Manager recommending approval of Purchase of Services Agreement wilit ~ Dubuque Development Corporation in the amount of $54,000 for Fiseal Year 1994, presented and read. Council Member Nagle moved that lite communication be received and filed. Seconded by Council Member Nicholson. Carried by the followiug vote: Yeas-Mayor Brady, Cooncil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO, 282.93 RESOLUTION APPROVING AN AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES WITH THE GREATER DUBUQUE DEVELOPMENT CORPORATION FOR FISCAL YEAR 1993-1994 AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE Whereas, !be City Council of the City of Dubuque, Iowa desires to maiutain an economically viable community by encouraging private sector developmeut which prodnces jobs for the unemployed and expands job opportunities for persons of low and moderate income; and Whereas, !be City Couucil of the City of Dubuque, Iowa has determined that a program of ecouomic"developmeut activities and the promotion of ecouomic development opportunities throogh the provisiou of services to lncal bnsiness and industry and throngh !be recmitmeut of uew firms to the Dubuque labor market is a uecessary elemeut in a program of ecouomic enhancemeut; and Whereas, the City of Dubuqne has budgeted and commiUed certain funds fur the support of the objectives and activities noted above; and Whereas, the Greater Dubuque Development Corporation by virtue of its experience and other professional qualifications has proposed to enter into an Agreement for the provisiou of economic development services hereto attached as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Purchase of Service Agreement wilit lite Greater Dubuque Development Curporstiou, hereto attached and marked Exhibit 'A", is hereby approved and the Mayor and City Clerk are authorired and directed to execute said Agreemeut 343 Regular Session, September 7, 1993 Section 2. Tho! the City Manager be ond he ¡, hereby authorized to make such payment> to the Greater Dubnque Deve1opruent Corporation U lie provided for in the aforesaid Agreement in an amount not to exceed $54,000 U provided for in the Fiscal Year 1994 Budget acconIIng II> the terms and conditions for payment set forth in aald Agreement Passed, approved and adopted this 7th day of Septemher, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Council Member Nagle moved adoption of lite Resdution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager recommendiug approval of Purchase of Services Agreement with Project ConcernlPhone-A-Friend,luc., in !be amount of $22,500, 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 Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 283-93 RESOLUTION APPROVING A PURCHASE OF SERVICES AGREEMENT BETWEEN THE CITY OF DUBUQUE AND PROJECT CONCERN/PHONE.A. FRIEND, INC, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUI'E SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has negotiated with Project ConcemlPhone-A- Friend, Inc., to continue to provide information and referral services litat will aid the City of Dubnque in meeting some of lite social, medieal and economIc needs of low and moderate income persons; and Whereas, the terms and conditions under wbich Project ConcernlPhone-A-Friend, Inc. will provide the ahove-deserlbed services are set fordt in a Purchase of Services Agreement a copy of which is hereto attached and by this reference made a part hereof. NOW, THERER>RE, BE IT RESOLVED BY TIlE CITY COUNCil. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Purchase of Services Agreement by and between the City of Dubuque, Iowa and Project ConcernlPboae-A-Friend, Inc. be and lite same is hereby approved. Section 2. That the City Manager be and he is hereby authorized and directed to execute said Agreemeut for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of September, 1993, James E. Brady Mayor AtteSt: Mary A Davis City Clerk Council Member Kluesner moved adoptioo of the Resolution, Seconded by Council Member Nicholson, Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg, Nays-None, RESOLUTION NO. 284.93 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI1Y OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubnque, Iowa, be granted a permit to sell CigareOes and Cigarette Papers withiu said City. Oldham Iuc. Aveuue Top My-Cap 1080 University Ave. Passed, approved and adopted this 7th day of September, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholsou, Robbins, Voetberg. Nays-None, RESOLUTION NO, 285-93 Whereas, applicarious for Beer Permits have been submItted and filed to this Couucil for approval and the same have been exannined and approved; and Whereas. the premIses to be occupied by such applicants were iuspected and fonnd to comply with the Ordinances of this City and have filed proper buuds. Regular Session, September 7, 1993 344 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Tho! the Manager be authorized to cause to he issued the following named applicants a Beer Pennlt CLASS "Co BEER PERMIT Fannily Mart Inc. FIU1ÜY Mart Sunday Sales 3201 Central lOCO Iowa Oil Co. Sunday Sales 1387 Dodge The Monday Co. Casey's Store Sunday Sales 4003 Peru Rd. Passed, approved and adopted this 7th day of September, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by lite following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. W.93 Whereas, applications for Liquor Ucenses have been submItted to this Council for approval and the same have been exannined 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 litereto 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 Uceuse. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Eagle Point Associates, Iuc. Tollbridge Inn Sunday Sales 2800 Rhomberg Elbo, Inc. Dr.B's Billiard & Ice Cream Parlor 2095 Kerper Neighbors Tap 1899 Rnckdale Carol Meyers & Lisa Toll Tott's Tap Ouldooc Sales 3457 Jackson Passed, approved and adopted this 7th day of September, 1993; James E. Brady Mayor Sunday Sales Jeny Lee James Attest: Mary A. Davis City Oerk Council Member Nagle moved adoption of the Resdutioo. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-Noue. Communication of City Manager submitting documents providing for a public hearing for a grading project to improve the sight distance at the intersection of Fremont Avenue and Cedar Croas Road, presented and read. Council Member Kluesner moved that lite communicarion be received and filed. Seconded by Conncil Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 287.93 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That !be proposed plans, specifications, form of contract and estimated cost for the Fremont Avenue and Cedar Cross Road Intersection Sight Distance Improvement Project iu the estimated amouut of $19,489.10 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7th day of September, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolutiou. Seconded by Council Member Voetberg. Carried by the followiug vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 288.93 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, !be City Couucil of the City of Dubuque, Iowa has given its prelimInary approval on the proposed plans, specificatious, and fonn of contract and placed same ou file in the office of the City Clerk for public inspection of the Fremont Avenue and Cedar Cross Road Intersection Sight Distance Improvement Project 345 Regular Session, September 7,1993 Regular Session, September 7, 1993 346 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 01' THE CITY OF DUBUQUE, IOWA: That on the 20th day of September, 1993, a public hearing will be held at 7:30 p.rn. in the Public Library Auditorium at which time in-.ted penons may appear and be hcord for or aaainst the propoaed plans and specifications, fonn of contract and cost of said improvement and the City ClM be and is hereby directed to cause a notice of time and place of such hearing 10 be publiahed in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not 1- than four days oor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to lite propoaed plans, specifications, contract or estimated cost of the irrq>roVement Passed, adopted and approvèd this 7th day of September, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Council Memher Kluesner moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Vcetherg. Nays-None. RESOLUTION NO. 289.93 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Fremont Avenue and Cedar Cross Road Sight Distance Improvement Project is hereby ordered to be advertised for bids for constrnction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be iu an amount which shall conform to !be 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 oonstruction of the improvements herein provided, to be published in a newspaper having geueral circulation in !be City of Dubnque, IQwa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.rn. on !be 14th day of September, 1993. Bids shall be opened and read by the City Clerk at said time and will be suhenitted to the Council for final action at 7:30 p,rn. on the 20th day of September, 1993. Passed, adopted and approved this 7th day of September, 1993. An Ordinance Granting to Interstate Power Company, a Delaware Corporation, a corporation, its snccessors and assigns, a non-exclusive authority for a period of 25 years to maintain and operate its existing elec1rical system in the City, presented and read. Council Member Krieg moved litat this be considered the first reading of the Ordinance, and that lite reqnirement that a proposed Ordinance be considered and voted on for passage at two Council meetiags prior to the meeting at which it is to be finally adopted be suspended and further moved litat a Public Hearing be held on the Ordinance at the Council Meetiag of I()'4-93 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manuer prescribed by law. Seconded by Council Member Nagle. Carried by !be following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. James E. Brady Mayor AtteSt: Mary A. Davis City C1erk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vole: Yeas-Mayor Brady, Council MembeR Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager submitting an amended ordinance for Mercy Health Center/Medical Associates rezoning requeSt presented and read, Council Member Kluesner moved that the communication be received and filed. Secouded by Council Member Nicholsou. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbius, Voetberg. Nays-None. An Ordinance Ameudiug Ordinance No. 35-93 by reclassifyiug property located at 250 Mercy Drive, 1000 Langwordty Ave. and adjoining properties from R-2 Two- Family Residen1ial Dis1rict to ID Institutional Dis1rict and approviug an amended Conceptual Development Plan for Mercy Health Ceuter and Medieal Associates Clinic, preseuted and read. Council Member Kluesner moved that this be considered the first reading of !be Ordiuance, and that the reqnirement that a proposed Ordinance be considered and voted on for passage at two Council meetiugs prior to the meetiug at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on !be Ordinance at the Council Meeting of 9-20-93 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in !be manner prescribed, by law. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayoc Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. MINUTES SUBMITfED - Cable TV Regulatory Commission of 8-18; Five Flags Commissiou of 8-16; Handicapped Parkiug Review CommiUee of 8-17; Historic Preservation Commission of7-l9; Housing Code Appeals Board of 8-17; Joint Meetiug of Housiug Commissiou and Housing Task Foroe of 8-10; Human Rights Commissiou of 7-12; Long Range Planning Commissiou of 8-25; Park & Recreation Commission of 8- 10, presented and read. Council Member Nagle moved that the minutes be received and filed. Seconded by Council Member Voetberg. Carried by lite following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Printed Council Proccediugs for months of January and February, 1993, preseuted for approval. Council Member Nagle moved that the proceedings be approved as printed. Seconded by Conncil Member Voetberg. Carried by the followiug vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. NOTICES OF CLAIMS -- James Bauerly, in unkuowu amount for retaining wall collapse damages; Milton Boyes in amount of $400.00 for personal losses; Robert & Caliterine Breitbach in unknown amount for retaining wall collapse damages; Gregory & Janann Corken in unknown amount for personal property losses; Benjamin Gerhard in unknown amount for personal injuries; Catherine M. Hubbard in amount of $396.38 for vehicle damages; Tom B. Jack in amount of $330.00 for backed up sewer damages; Donovan Kelleher in amount of $80,00 for Commuuication of City Manager submitting an Ordinance providing for a frsnchise agreement with Interstate Power Co. and setting public hearing for October 4, 1993, presented and read. Council Member Krieg moved litat the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. hacked up sew.. damages; Jemal Knowles in unknown amount for personal injuries and vehicle damages; James A. Kringle in amount of $123.84 for personal injuries; Todd M. Lampe in amount of $1087.57 for hacked up sewer damages; Robert F. Lynn iu amount of $118.50 for tire damages; Pam McKInley (Skinny's Cafe) in amount of $975.82 foc backed up sewer damages; Vicki S. Mellum in amount of $1197.80 for vehicle damages; Auorney Michael Coyle on behalf of F. Roger and Anne S. Murray, iu amount not less litan $45,000.00 for crumbled wall damages; Cad Sanman, in unknown amount for personal injuries; George Stuart in amount of $1,592.00 for hackèd up sewer damages, presented and read, Council Member Nagle moved that the claims and suits be referred to Legal Staff for investigation and report. Secoraled by Council Member Voetberg. Carried by the followiug vole: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nays-None. Communications of Corporatiou Counsel advising following claims have beeu referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Car damage of Jamie 1. Biroh; Property damage of A. Eugling; Personal injury of Samantha Flynu; Property dama8e of Goliath, Iuc" Persoual injury of Mark Tracy; Sewer backup of Dale W. Veach; Personal injury of Janet Wiedemann, presented and read. Council Member Nagle moved that the communications be reccivèd and filed, Seconded by Council Member Voetberg, Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbius, Voetberg. Nays-None. Communicatious of Corporation Counsel recommeudiu8 denial of following claims: Truck damage of Roger Bentley; Sewer backup of Rou and Ann Burds; Car damage of Earl J. Freisinger, Sewer backup of Mary Fuhrman; Sewer hackup of Henry & Patricia Gerhard, presented and read, Council Member Nagle moved that the communications be received and filed and denials approved. Seconded by Council Member Voetberg, Carrièd by the following vote: Yeas-Mayor Brady, Couucil Members Kluesner, Krieg, Nagle Nicholsou. Robbius, Voetberg. Nays-None. Communications of Corporation Counsel recommeuding settlemeut of following claims and authorizing Finance Director to issue proper checks: Car damages of Breuda Giegerich in the amouut of $179.16; Car damage of Cindy Meyer in amount of 347 Regular Session, September 7,1993 $286.00: Car damage of Paul E. Newman in the amount of $75.00; Sewer bockupa (2) of David & PaÞicia Pins in the amount of $350.00, presented and 'read. Council Member Nagle moved that the communications be received and filed and settlemenll approved. Seconded by Council Member Voetberg. Carried by lite following vote: Yeas-MaYŒ Brady, Council Members Kluesner, Krieg, Nagle Niehelson, Robbins, Voetherg. Nays-None. Communication of Corpnrstion Counsel recommending the car damage claim of Wyman Barnes be received and filed, presented and read. Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by lite following vote: Yeas-Mayor Brady, Cooncil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Proof of Publication eertified to by lite Publisher on Notice of Intent to file a Request fŒ Release of Funds for the Engineering Data Systems Corpnratiou Project presented and read. Council Member Nagle moved that the proof be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle Nicholson, Robbins, Vcetberg. Nays-None. REFUNDS REQUESTED -- Jndi L, Blewett in amount of $633.75 for uuexpired Uquor Ucense; Charles Westphal in amount of $150.00 for uuexpired Oass "B" Beer Pennit presented and read. Cooncil Member Nagle moved that the refund be approved and Finance Director to issue proper checks. Seconded by Cooncil Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Cooncil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of Fiuance Director subnútting Financial Reports for month ending July, 1993, presented and read. Council Member Nagle moved litat the communicadon be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Cooncil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg, Nays-None. Petition of Pa1ricia Huekels, requesting reconsideration be given on denial of her claim for personal injuries, presented and read. Council Member Nagle moved that lite petition be referred to Legal Staff. Seconded by Cooncil Member Voetherg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nays-None. Communication of City Manager approving final plat of Lots 1-10, inclusive of Blnck 2 and Lot E of MarNa Ridge Estates, presented and read. Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Cooucil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 290.93 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1.10 INCLUSIVE OF BLOCK 2, AND LOT E OF MARNA RIDGE ESTATES IN THE CITY 0.' DUBUQUE, IOWA. Whereas, there has been ftIed with the City Oerk a final plat Lots 1-10 inclusive, of Block 2 and Lot E of Mama Ridge Estates in the City of Dubuque, Iowa; and Whereas, upou said final plat appear a street to be known as Valentine Drive, together with certain public utility and sanitary and stonn sewer easements which the Owners by said final plat have dedicated to the public forever; and Whereas, said fiual plat has beeu examined by !be City Council and they find that it conforms to the statutes and ordiuances relating to i~ except that no streets or public utilities have yet been coustructed or installed; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Valentine Drive, also known as Lot E, together with the easements for public utili des, sanitary sewer, storm sewer and waler maius as they appear upon said final plat be and the same are hereby accepted; and Secdou 2. That the plat of Lots 1-10 iuclusive of Block 2, Lot E of Marna Ridge Estates is hereby approved and the Mayor and City Clerk are hereby authurized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their wriUen acceptance hereto attached agreeing: a. To reduce Valentine Drive to grade and to construct concrete curb and gutter and to hard surface with "<, - . - -.. ,~.~"... Regular Session, September 7, 1993 aspllaltic concrete, or with concrete paving wi!h inlegral curb, all in accordance with the City of Dubuque standard specificadons; all in a manner acceptable to the City Engineer and in conformance with ooustruction improvement plans approved by the City Engineer. b. To install aanitary sewer mains and sewer service laterals into each individnallot water maius and water service laterals into each individnal lot storm sewers and catch basins, buulevarri street lighting and erosion control devices all in accordance with the City of Dubnque standard specificatious and in accordance with coustruction improvement plans approved by the City Engineer, and inspected by the City Engineer. c. To coustruct said improvements, except sidewalks, prior to one year fiom the date of acceptance of this resolution, at lite sole expense of lite subdivider, as owner, or future owner, d. To maintaiu the public improvements, except sidewalks, for a period of two (2) years fiom the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expeuse of the subdivider, as owner, or future owner, e. To coustruct sidewalks in accordance with the requirements of Sectiou 42- 24(e) of the City Cede, specifieally: Sidewalk installadon shall be the responsibility of lite owner of the property abuttiug the public right-<>f- way. The responsibility shall extend to all successors, heirs and assignces, Sidewalk installation will not be required until the development of the lot has been completed, except as reqnired herein. In sparsely 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 installed upon developmeut of 80% of the lots approved by the pial And further provided that Marty McNamer, owner of said property, shall secure !be peñocmance of !be foregoing conditions provided in Section 2 by providing security in snch form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. That iu lite event Marty McNamer shall fail to execute !be acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the 348 date of the Resolution, lite provisioos 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 Septemher, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Oerk ACCEPTANCE OF RESOLUTION NO. 2'JO.93 I, !he undersigned, Marty McNamer, having read the terms and conditions of the Resoludon No. 290-93 and being familiar with !be conditious litereof, hereby accept this aame and agree 10 !be conditions reqnired therein. Daled in Dubuque, Iowa this 13th day of September, 1993. By Isl Marty McNamer TO: Mary A. Davis, City Oerk This is to certify that the reqnited security for !be foregoing Resolution No. 290-93 has been properly filed. Dated at Dubuque, Iowa this 14th day of September, 1993. Isl Michael C. Van Milligen City Manager ~-' Council Member Nagle moved adoption of the Resolution. Secouded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbius, Voetberg. Nays-None. Communication of City Manager recommending acceptance of conveyance of property at 754-756 West 8th Street presented and read. Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None, RESOLUTION NO. 291.93 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY LOCATED AT 754.75' WEST 8m STREET, DUBUQUE, IOWA, TO THE CITY OF DUBUQUE, IOWA. Whereas, !be City of Dubuque has agree..d to purchase the following legally described real property: Lot 6 in Hedley's Subdivision in the City of Dubuque, Iowa. Dubuque 349 Regular Session, September 7, 1993 Regular Session, September 7, 1993 (..J County, Iowa, aooording to the recorded plat thereof ftom Daniel G. and Mory Beth Schumacher; and Whereas, the Seller has delivered a Warranty Deed to the City of Dubnque, Iowa, gnntiag to the City of Dubuque all rights, title and interests in said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Cooncil of the City of Dubnque, Iowa, hereby opproves of, accepts and consents to the Warranty Deed ftom Daniel G. and Mary Beth Sehumacber, attached hereto. Section 2. The City Clerk is hereby authorized and directed to caulo said Warranty Deed to he recorded in the office of the Dubuque County ReconIer, together with a certified copy of this Resolution. Section 3. The City Clerk is hereby directed to forward a copy of this Resolution to lite Dubnque County Assessor and lite Dubuque County Auditor. Passed, approved and adopted this 7th day of Seprember, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by !be following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None, Communication of City Manager recommending acceptance of couveyance of property at 553-561 Loras Blvd" presented and read. Conncil Member Nagle moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by lite following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 292.93 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY LOCATED AT 553.~1 LORAS BOULEVARD, DUBUQUE, IOWA, TO THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque has agreed to purchase the following legally described real ¡noperty: Lots One (I) and Two (2) of the West One-half (W ) of Lot Five (5) Yates and Pickens in the City of Dubuque, Iowa, Dubuque County, Iowa, aecording to the recorded plat thereof ftom Michael J. and Rebecca O'Rourke; and Communication of City Manager requesting opproval for inaeased part-time hours in the Communications Center, presented and read. Council Member Nagle moved that the communication be received and filed and approved request Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Whereas, the Seller has delivered a Warranty Deed to !be City of Dubuque, Iowa, granting to the City of Dubnque all rights, title and interests iu said ¡noperty. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of !be City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed ftom Michael 1. and Rebecca O'Rourke, attached hereto. Section 2. The City Clerk is hereby authorized and directed to paUlO said Warranty Deed to be recorded in the office of the Dubuque County Recorder, togeliter with a certified copy of this Resolutiou. Section 3. The City Clerk is hereby directed to forward a copy of this Resolution to the Dubuqne Couuty Assessor and the Dubuque County Auditor. Passed, approved and adopted this 7th day of Seprember, 1993. Communication of City Manager recommending to enter into Memorandum of Agreement with the State Historic Preservation Officer and AdvisŒ)' Council for Historic Preservation, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the fol1owing vote: Yeas-Mayor Brady, Cooncil Memhers Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO, 293.93 A RESOLUTION AUTHORIZING THE EXECUTION OF A SECTION 1°' MEMORANDUM OF AGREEMENT WITH THE IOWA STATE HISTORIC PRESERVATION OFFlCER AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the followiug vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholsoa, Robbins, Voetberg. Nays-None. Wbereas, the City of Dubuque, Iowa (City) has or will receive Community Develo¡ment Block Grant (CDBG), Reutal Rehabilitation Program (RRP), HOME, and Special Purpose Grant (SPG) monies ftom the United States Department of Hoosing and Urban Development (!IUD) to implement its community and economic development and honsing rehabilitation programs; and Whereas, the City has determined, in consultation with lite Iowa Bureau of Historic Preservation's State Historic Preservation Officer (SHPO), that implementation of the ahove referenced program may effect properties included iu or eligible for inclusion in the National Register of Historic Places; and Whereas, the National Historic Preservation Act of 1966 requires that HUD and those whom they assist must carry their programs out in aecocdance with, and in furtherance of, historic preservation and that the effect of said programs on historic properties must be reviewed by !be Advisory Council on Historic Preservation or its agent in accordance with Section 106 of the Act NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Commuuication of City Mauager suhenitting an ameudmeut to the City Manager's Employment Agreemeut, presented and read. Council Member Nagle moved that the communication be received and filed and approved. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager recommendiug approval on the continuation of a grant agreemeut for funding a part-time clerical position for the Police Department by the Governor's Traffic Safety Bureau, presented and read. Council Member Nagle moved that the communication be received and filed and approved. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Klnesner, Krieg, Nagle Nicholson, Robbins, Voedterg. Nays-None. Section I. That the Mayor is hereby authorized to execute the attacbed Memorandum of Agreement and to forward said document to the State Historic Preservation Officer and the Advisory Council on Historic Preservation. Passed, approved and adopted this 7th day of September, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Vœtberg. Nay&--None. Communication of City Manager recommending approval of assignment of a City Lease for property to Hndge Trausit Warehonse Company to First National Bank of Dubuque (now known as Hawkeye Bank of Dubuque), presented and read. Council Member Nagle moved that the communication be received and filed. Seconded by Conncil Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Conncil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-Noue. RESOLUTION NO. 294.93 RESOLUTION AUTHORIZING THE ASSIGNMENT OF CERTAIN LEASES BE1WEEN THE CITY OF DUBUQUE, IOWA, AND HODGE TRANSIT WAREHOUSE COMPANY TO FIRST NATIONAL BANK OF DUBUQUE FOR SECURITY Whereas, the City of Dubuque, Iowa (City) has leased 10 Hodge Transit Warehouse Company, an Iowa Corporation (Lessee) certain real property located at III I Porina Drive, Dubuque, Iowa pursuant to a leased dated April 28, 1969. Whereas, !be First National Bank of Dubuque has agreed to lend Lessee certain sums of mouey for the purpose of coustructiug improvements to !be leased premises for the benefit of the business to be conducted upon the leased premises; and Whereas, the lease agreemeuts between the City of Dubuque and Hodge Transit Warehonse Company allows an assignment of the lease by the Lessee at its option upon prior wriOen approval of !be City; and Whereas, !be City Couucil of the City of Dubuqne, Iowa as determined that it is in the 350 351 Regular Session, September 7, 1993 hell intereat of the City to conaent to such oui¡nment NOW, TIlEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the assignment of Reo! Estate Lease and Agreement attached hereto ftom the Hodge Transit Warehouse Company to the First National Bank is hereby approved. Section 2. That the Mayor be authorized and directed to sign said Assignment of Reo! Estate Lease and Agreement on behùf of the City of Dubuque, Iowa. Paued, approved and adopted this 7th day of Seplember, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by lite following vote: Yeas-Mayor Brady, Council Members Kluesner. Krieg, Nagle Nicho1soo. Robbins, Voetherg. Nays-None. Communication of City Manager recommending approval of a 3 year agreement with the U.S. Postal Service for the rental of 55 reserved stalls in the Iowa Street Parking Ramp, presented and read. Council Member Nagle moved that the communicadon be received and filed. Seconded by Conncil Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholsou. Robbins, Voetberg. Nays-None. RESOLUTION NO. 295.93 RESOLUTION AUTHORIZING TIlE CITY MANAGER TO ENTER INTO A THREE YEAR AGREEMENT WITH TIlE u.S. POSTAL SERVICE FOR RESERVE PARKING STALLS IN TIlE IOWA STREET PARKING RAMP. Whereas, the City of Dubnque, Iowa has 55 reserved parking spaces available in the Iowa Street Parkiug Ramp at a rate of $40.00 per month, per stall; and Whereas, the U.S. Postal Service desirea to rent under a three year contract 55 reserved parkiag stalls in !be Iowa Street Parking Ramp at the current rate of $40.00 per month. per stall rate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is hereby authorized and directed to enter into the anacbed agreement with the U.S. Postal Service for the rental of 55 reserved parking spaces in the Iowa Street Parking Ramp at a rate of $40.00 per month, per stall for a perind of three years, effecdve January 1. 1994. Passed, approved and adopted this 7th day of September, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Council Member Nagle moved adoptiou of the Resolution. Seconded by Council Member Voetberg. Carried by lite following vote: Yeas-Mayor Brady, Council Members Kluesner. Krieg. Nagle Nicholson. Robbius. Voetberg. Nays-None. Commuuication of City Manager requesting approval of !be Fiseal Year 1993 uncompleted capital projects to be carried forward into Fiseal Year 1994, presented and read. Council Member Nagle moved that the communication be received and filed and request approved. Seconded by Couucil Member Voetberg. Carried by !be following vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle Nicholson, Robbius, Voetberg. Nays-None, At 10:49 p.m., Council Member Voetberg moved to go into Closed Session in accordance with Chapter 21.5(1)(c) to discuss strategy with Counsel in matters that are preseutly in litigation, and, in accordance with Chapter 21.5(I)fj) to discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price lite governmental body may have to pay for that property. Seconded by Council Member Nicholsou. Carried by !be following vote: Yeas-Mayor Brady, Conncil Members Kluesuer, Krieg. Nagle Nicholson. Robbins, Voetberg. Nays-None. Council reconvened Regular Session at 11:32 p.m. There being no fordter business, Council Member Voetberg moved to adjourn. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Meeting adjourned at 11:32 p.rn. Mary A. Davis CMC City Clerk Regular Session, September 7, 1993 Approved 'lJn;L';< 1994. Adopted '-;n ~ cJ...; 352 '<""-0' 0 .' \, ' Coun¿ll,Members ~ ~~/í{ )j¿ ðz~4i? t: ØYUili(City Clerk \ tJ 353 Special Session, September 20,1993 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, September 20, 1993 Meeting of Cooler Valley Urban Drainage Dis1ricc Dubuque Cily Council and Dubuque County Board of Supervisors Dis1rict met at 6:15 p.rn., Public Ubrary Auditorium Present: Mayor Brady, Council Members Krieg, Nagle, Nicholsou, Robbins, Acting City Manager Michael Knch, Corporation Counsel Barry A. Undahl. Absent at Roll Call: Council Members Voetberg. AhseuC Council Member Kluesner and City Manager Michael C. Van Milligen. Mayor Brady read !be call and stated this is a Special Session of a Joint Meeting of the County Board of Supervisors and City Council ealled for the purpose to define buundaries of the Cooler Valley Urban Drainage Dis1rict and acting upon snch other business which may properly corne before the group. Supervisor Soûth moved that it be resolved that !be Mayor be designated as Chairperson and the Chairpersou of the Superviaors be designated as Vice Chair for the Couler Valley Urban Drainage Dis1rict. Seconded by Council Member Robbins. Unanimously carried. Boundaries of the Cooler Valley Urban Drainage District were presented by Acting City Manager Mike Koch and approved. RESOLUTION NO. 2%-93 RESOLUTION AMENDING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY, IOWA, ESTABLISHING THE COULER VALLEY URBAN DRAINAGE DISTRICT Whereas, on Seprember 7, 1993, pursuant to Iowa Cede Section 468.585(2) and Iowa Code Chapter 28E, the City of Dubuque and Dubuque County, Iowa entered into an agreement for the establishment of the Cooler Valley Urban Drainage Dis1rict; and Whereas, at that time the boundary of the Dis1rict had not been finally detennined, and the 28E Agreement was approved as only including the Flexsteel Iudustries, Incorporated properties; and Whereas, at that time the buundary of the Dis1rict has now been detennined and it is necessary that the 28E Agreement be amended to iuclnde !be detailed description of the entire Dis1rict. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Agreement for the creation of the Couler Valley Urban Drainage District which was adopted by the City Couucil on September 7, 1993 be amended by establishiu8 a new boundary for the Dis1rict Section 2. That the amendmeut to lite agreement for the establishment of the Couler Valley Urban Drainage Dis1rict, attached hereto, is hereby approved, and the Mayor is hereby authorized and directed to sigu said ameudment on behalf of the City of Dubuque, Passed, approved and adopted this 20th day of September, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krieg moved adoptiou of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Krieg, Nagle, Nicholson, Robbins. Nays-Noue. Ahseut-Council Members Kluesner, Voctberg. Council Member Voetberg entered the Chambers at 6:35 p,m. Discussion of iuterest iu applying for Federal Hazard Mitigation Grant (FEMA) and/or Economic Developmeut Adoûnistratiou (EDA) Grant. Council Member Nichelson moved that it be resolved to authorize the Chair to execute. Secouded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Krieg, Nagle, Nicholson, Robbius, Voetberg, Nays-Noue. Abseut-Conncil Member Kluesuer. Discussion of communication to Natural Resources regardiug proposed rules for protected streamS, Council Member Nicholsou moved that it be received and filed and approved with Chair to sign. Secouded by Council Member Robbius. 354 Carried by the following vote: Yeas-Mayor Brady, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg, Nays-None. Absent-Council Member Kluesuer, ,,1994. Communicatiou from State of Iowa Public Assistance Program suhenitting Program updates, preseuted and read, Council Member Voetberg moved that the communication be received and ftled. Seconded by Council Member Robbins, Carried by the following vote: Yeas-Mayor Brady, Council Members Krieg, Nagle, Nicholson, Robbins, Voetherg. Nays-None. Absent-Conncil Member Kluesner. Communication from Disaster AssistancelHazard Mitigation Associares advising of their availability to assist with disaster occurring relative to '93 floodiug, presented and read. Council Member Voetberg moved that the communicatiou be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Krieg, Nagle, Nichelson, Robhins, Voetberg. Nays-Noue. Absent-Council Member Kluesuer. Pat Crahan spoke regarding IIW plans. Council Members Attest: .', 7J;;¿~ ~!'I ,.;r ÅÜ< ¿ .: . ¡ /city Clerk There being no further business, Council Member Nicholson moved to adjourn the meeting. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Council Member Kluesner. Meeting adjourned at 6:59 p.m. Mary A. Davis CMC City Clerk 355 Regular Session, September 20, 1993 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Sessiou, September 20, 1993 Council met at 7:30 p.m., Public Library Auditorium Present: Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg, Acting City Manager Michael Koch, Corporation Counsel Barry A. Lindahl. Absent: City Manager Michael C. Van Milligeu. Mayor Brady read !be eall and stated this is !be Regular Sessiou of the City Council ealled for lite purpose to act upou snch business which may properly corne before the Council. Invocadon was given by Father Mick Lynch, Spiritual Director of Wahlert High School. PROCLAMATIONS - October 3rd as "Crop Walk Day" received by Ruth Clark; and October 31st at "Trick or Treat Day". Bernie Fox, Tom Beschen and Beth Neiers presented a check in the amount of $4654.46 as reimbursement for police costs forRAGBRAI. Council Member Nagle moved that the rules were suspended to allow anyone present to address !be Couucil if they so desire. Secouded by Couucil Member Robbins. Carried by !be following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays-None. vote: Y cas-Mayor Brady, Couucil Members Kloesuer, Krieg, Nagle, Nicholson, Robbius, Voetberg. Nays-Noue. There were uo oral objectors preseut at the time of the Hearing. An Ordinance amending Zouiug Ordinance by reclassifyiug property located at 3195 Jackson Street from C-2 neighborhood Shopping Center Dis1rict to C- 3 General Commercial Dis1rict said Ordinance denied by Zoning Commission then presented to Council at meeting of 8- 16-93 where no action taken, then set for hearing only for 9-7-93 and now adjourned to this meeting, and now presented for further action. Council Member Voetberg moved to concur with Zoning's denial. Seconded by Couucil Member Nagle. Carried by tbe following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbius, Voetberg. Nays-Noue. Proof of Publicatiou certified to by the Publisher on Notice of Public Hearing to reclassify properties at 250 Mercy Drive, 1000 Langworthy Ave. and adjoining properties from R-2 to ID Dis1rict presented and read, There were no wriUen objections received and no oral objectors preseut at the time of the Hearing. Council Member Nagle moved that the proof be received and filed. Seconded by Couucil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholsou, Robbins, Voetberg. Nays-None. Au Ordiuance Amending Ordinance No. 35-93 by reclassifyiug properties located at 250 Mercy Drive, 1000 Langworthy and adjoining properties ftom R-2 Two-Family Residential Dis1rict to ID Institational Dis1rict and approviug an amended Conceptual Developmeut Plan for !be Mercy Health Ceuter and Medieal Assnciates Clinic ID Institutional Dis1ricts, said Ordinance having been presented and read at the Council Meeting of September 7, 1993 presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 51.93 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, AMENDING ORDINANCE NO, 35.93, WHICH AMENDED APPENDIX A OF THE CITY OF DUBUQUE CODE OF ORDINANCES, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING THEREINAFTER DESCRIBED PROPERTY LOCATED Regular Session, September 20, 1993 356 AT 2!O MERCY DRIVE, 1000 LANGWORTHY, AND ADJOINING PROPERTIES FROM R.2 TWO. FAMILY RESIDENTIAL DISTRICT TO ID INSTITUTIONAL DISTRICT AND APPROVED AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE MERCY HEAL 111 CENTER AND MEDICAL ASSOCIATES CLINIC ID INSTITUTIONAL DISTRICTS, BY REPEALING ORDINANCE NO. 35.93, SECTIONS 1 AND 2, WmCH SET FORTH CERTAIN LEGAL DESCRIPTIONS, AND BY ADOPTING NEW SECTIONS 1 AND 2, ESTABLISHING NEW LEGAL DESCRIPTIONS FOR SUCH PROPERTY. Whereas, !be City Council approved on July 6, 1993 Ordinance 35-93 which rezoned certain properties and amended the conceptual development plan for the Mercy Health Ceuter and Medical Assnciates Clinic ID Institutional Dis1ric~ and Whereas, the legal descriptions as stated in Section I and Section 2 were incorrect NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. Section I of Ordinance No. 35-93 is hereby repealed. The following new Section is adopted in lieu thereof: "Section I. That !be Cnde of Ordinances of !be City of Dubuque, Iowa be amended by revising appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa by reclassifyiug from R-2 Two-Family Residential Dislrlct to ID Institutional Dis1rict the following deacribed property, to wit: Lot 4, West 20' of Lot 5, East 40' ofLot 5, Lol6, all in Thomas E. Byrne Sub; Lot I, Nordt 35' of Lot 2, and South 25' of Lot 2 in Walter's Sub; Lot I of Lot 8, Lot I of Lot 2 of Lot 8, Lot 4 of Lot 8, Lot 5 of Lot 8, Lot 6 of Lot 8, Lot 3 of Lot 2 of Lot 2 of Lot 9, Lot I of Lot I of Lot 2 of Lot 2 of Lot 2 ofLot 9, Lot I of Lot 1 of Lot 2 of Lot 2 of Lot 9, Lot 2 of Lot 2 of Lot 8, Lot 3 of Lot 8 and Lot 7 of Lot 8 all in the subdivision of Mineral Lot 73; Lot I, Lot 2, Lot 3, Lot 4, Lot 5 and Lot 6 all of Langworthy A venue Sub; Lot I of Lot 2 of Lot 25 and Lot 2 of Lot 2 of Lot 25 both in Massey Heights Sub; Lot 3 of Lot 2 of Lot I Miueral Lot 68; Lot 1 of Lot 2 of Lot 4 of Lot 2 of Lot I of Mineral Lot 68, and to the nenter line of the adjoining public right-of-way, all in the City of Dubuque, Iowa." Section 2. Section 2 of Ordinance of No. 35-93 is hereby n>pealed. The following new Section 2 i. adopted in lieu thereof: "Section 2. That !be Code of Ordinannes of the City of Dubuque be amended by revising Appendix A thereof, also knowu as !be Zoning Ordinance of lite City of Dubuque, hereby adopting and approving the conceptual development plan, a copy of which is attached to and made a part hereof, for the following deacribed property, to wit Lot 2 of Lot I of City Lot 731; Lot I of Lot 2 of Lot I of City Lot 732; Lot 2 of Sub. of City Lot 731; Lot I of Lot 2 of Lot 2 of Langwordty Place; Lot I Langworthy Place; Lot 2 of Lot 2 of Lot 2 of Langwordty Place; all of Peabody Streets; and all of Clara Street; Lot 1 of vacated Augusta Stree~ Lot I-I, Lot 2-2, Lot 2-17 of Agnes Langworthy's Sub,; Lot 2 of vacated alley lyiug between and abutting said Lot 1 and Lot 2 and Lot 17 each of Agnes Langwordty's Sub.; Lots 3 to 16 inclusive of Agnes Langworthy's Sub.; McCauley Hall Plane; Lot I of Lot I of Lot 2 of Lot 9 of Mineral Lot 73; Lot 2 of Lot 1 of Lot 2 of Lot 9 of Mineral Lot 73; Lot I, Lot 9, East 1/2 of Lot 8, and the West 1/2 of Lot 8 of Massey Heights Addition; Mineral Lot 70; Lot 10 and the East 10 feet of Lot 11 of Massey Heights and that portion of James Street lying sonth of Langwordty Avenue; Lot 11 (except the easterly 10 feet thereof), Lot 12; Lot 13 and the east 1/2 of Lot 14; the west 1/2 of Lot 14, the east 35 feet of Lot IS; Lot 16, the westerly 5 feet uf Lot IS; Lot 17; Lot 18, Lot 19; Lot 20, all in Massey Heights; Lot 1 of Mineral Lot 66, and the north 286 feet of Lot 2 of Lot 2 of Mineral Lot 66; Lot 2 of Mineral Lot 69; Lot 1 of Mineral Lot 69; Lot 3, Lot 1-4, Lot 1-1-5, Lot 1-1-6, Lot 2-1-6, Lot 1-2-6, Lot 2-2- 6, and Lot 4-A all in the subdivision of Mineral Lot 72; Lot 1-2-10 of Mineral Lot 73; Lot 2 Sub. 1-2-Sub. 2 of Mineral Lot 72 and 1-10 of Mineral Lot 73 and Lot 2 of Mineral Lot 74; Lot 21, Lot 22 and Lot 23 all in Massey Heights. Lot 1 of Lot 4 of Lot 2 of Lot 1; Lot 2 of Lot 2 of Lot 4 of Lot 2 of Lot 1, Lot 3, Lot 1 of Lot 2 of Lot I; Lot 2 of Lot 3 of Lot I,Lot I of Lot 1 of Lot 3 of Lot I,Lot2 of Lot I of Lot 3 of Lot I, all of Mineral Lot 68; Lot I of Lot 25 and Lot 24 of Massey Heights Subdivision; Lot 4, West 20' of Lot 5, East 40' of Lot 5, Lot 6, all iu Thomas E. Byrne Sub; Lot I and Nordt 35' of Lot 2 in Watter's Sub; and south 25' of Lot 2 Walter's Sub,; Lot 1 of Lot 8, Lot I of Lot 2 of Lot 8, Lot 6 of Lot 8, Lot 2 of Lot 2 of Lot 8, Lot 4 of Lot 357 Regular Session, September 20, 1993 Regular Session, September 20, 1993 358 8, lotS of Lot 8, Lot 3 of Lot 2 of Lot 2 of Lot 9, Lot I of Lot 1 of Lot 2 of Lot 2 of Lot 2 of Lot 9, Lot I of Lot I of Lot 2 of Lot 2 of Lot 2 of Lot 9, Lot I of Lot I of Lot 2 of Lot 2 of Lot 9, Lot 3 of Lot 8 and Lot 7 of Lot 8, all in the subdivision of Miueral Lot 73; Lot I, Lot 2, Lot 3, Lot 4, Lot S and Lot 6 all of Langworthy Avenue Sub; Lot I of Lot 2 of Lot 25 and Lot 2 of Lot 2 of Lot 25 hoth in Massey Heights Sub; Lot 3 of Lot 2 of Lot I Mineral Lot 68; and Lot I of Lot 2 of Lot 4 of Lot 2 of Lot I of Miueral Lot 68 and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa." Paased, approved and adopted this 20th day of September, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in Herald newspaper this September, 1993. lite Telegraph 27th day of It 9{l7 Mary A. Davis CMC City Clerk Council Member Nagle moved final adoption of !be OnIinance. Seconded by Council Member Nicholsoo. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nayo-None. Proof of Publication eertified to by the Publisher on Notice of public hearing to reclassify property located at 3280 Peansylvania Ave. ftom R-I to C-3 Dis1rict and petition of Stephen Selchert reqoesting Council consider and approve his reqoest to rewne this property to C-2 classification rather than the C-3 zoning as previously reqnested, presented and read. Council Member Klnesnor moved that lite proof and petition he received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins. Nays-Council Member Voetberg. Mary Ehlert 3278 Kensiugton PI., requested the Council concur with denial. Darlene Hogan, 3277 Kensington PI., objected because of !be possible additional truck traffic. Steve Selchert of Steve's Hardware requested the C-2 zoning. An Ordinance Amending Zoning Ordinance by reclassifyiug property located at 3280 Pennsylvania Avenue ftom R-I Single Family .Residential Dis1rict to C-3 General Commercial Dis1rict said Ordinance denied by Zoning Commission, then presented at Council meeting of 8-16-93 where no action was taken, now presented for furdter action. denied by Zoning Commission, then presented at Council meeting of 8-16-93 where no actioo was taken and set for public hearing only, presented for furdter action. Council Member Kluesner moved that lite Ordinance be denied and refer maUer to the Zoning Commission to look at revisions of uses in Agriculture Dis1rict commen:ial uses. Secouded by Council Member Voetberg. Vole on lite motion was as follows: Yeas-Mayor Brady, Cooncil Members Kluesner, Voetberg. Nays-Council Members Krieg, Nagle, Nicholson, Robbins. MOTION FAILED. (OFFICIAL PUBLICATION) ORDINANCE NO. 52-93 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCA 11ID SOUTH OF DODGE STREET, WEST OF SALINA STREET, AND EAST OF LOCUST STREET FROM LI LIGHT INDUS- TRIAL DISTRICT TO C.3 GENERAL COMMERCIAL DISTRICT AS SHOWN AS AREA 2. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Code of Ordinances of lite City of Dubnque, Iowa be ameuded by revising Appeudix A thereof, also knowu as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereiuafler described property ftom LI Ught Indus1rial Dis1rict to C-3 Geueral Commercial Dis1rict as shown as Ares 2 on the exhibit map. Section 2. That the foregoing amendmeut has heretofore been reviewed by !be Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of September, 1993. Upon final motion, Council Member Krieg moved to concur to deny the Ordinance and receive and file the petitioos. Seconded by Council Member Nagle. Carried by the followiug vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Council recessed at 8:58 p.m.; Council reconvened at 9:10 p.rn. Proof of Publication eertified to by the Publisher ou Notice of Public Hearing to consider reclassifying properties known as Areas 1,2,3 and 4 located in Dodge Street and Highway 611151 dis1rict, presented and read. Council Member Voetberg moved that the proof be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle Nicholson, Robbins, Voetherg. Nays-None. An Ordinance Amending Zoning Ordinance by reclassifying property located east of South Locust Street, west of Harrison Street and south of Railroad Avenue ftom LI Light Indus1rial Dis1rict to C-3 Geueral Commercial Dis1rict known as Ares #1, said Ordinance denied by Zoning Commission, then presented at Council meeting of 8-16-93 where no action was taken now set for public hearing ouly, now presented for furdter action. Conucil Member Voetberg moved to concur with the denial of the Zoning Comm. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Published officially in Herald newspaper this September, 1993. lite Telegraph 27th day of It 9/27 Mary A. Davis CMC City Clerk Council Member Voe!berg moved litat this be considered !be first reading of the Ordinance, and that the requirement that a proposed Ordinance be consideted and voted on for passage at two Couucil meetings prior to lite meeting at which it is to be finally adopted be suspended and fordter moved final adoption of the Ordinance. Seconded by Council Member Klnesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle, Robbins, Voetberg. Nays-CouncilMember Nicholson. An Ordinance Amending Zoniug Ordiuance by reclassifying property located south of Dodge Street west of Salina Street and east of Locust Street ftom LI Ligbt Indus1rial to C-3 General Commercial Dis1rict known as Ares #2 said Ordinance An Ordinance Amending Zoning Ordinance by reclassifying property located west of Harrison Street east of Locust Street and south of Jooes Street ftom C-3 General Commercial Dis1rict to LI Ught Indus1rial Dis1rict known as Area 113, said Ordinance denied by Zoning Commission, then presented at Council meeting of 8-16-93 where no action was taken, then set for public hearing only, presented for fordter action. Council Member Voetberg moved that this be considered the first readiug of the OnIinance, and that the requirement litat 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 furdter moved final adoption of the Ordinance. Seconded by Council Member Krieg. Vote on the motion was as fullows: Yeas-Council Members Kluesner, Krieg, Nicholson, Voetberg. Nays-Mayor Brady, Council Memhers Nagle, Robbins. MOTION FAILED. Council Member Klnesner theu moved to refer to the Zoning Commission to cousider rewniug to POS. Seconded by Council Member Nagle. Carried by the following motion: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Robbins. Nays-Council Members Krieg, Nicholson, Voetberg. An Ordinance Amending Zoning Ordinance by reclassifying property located west of Freeway 61/151 and south of 1st Street ftom HI Heavy Iudus1rial to LI Light Indus1rial Dis1rict known as Area 1#4, said maUer approved by Zoning Commission, then preseuted at Couucil meetiug of 8-16- 93, where no action taken then set for public hearing only, preseuted for furdter actiou. (OFFICIAL PUBLICATION) ORDINANCE NO. 53.93 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE. IOWA BY RECLASSIFYING HEREINAFrER DESCRIBED PROPERTY WEST OF FREEWAY 611151 AND SOUTH OF FIRST STREET FROM HI HEAVY INDUSTRIAL DISTRICT TO 1.1 LIGHT INDUSTRIAL DISTRICT AS SHOWN AS AREA 4. 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 ameuded by revising Appendix A thereof, also known 359 Regular Session, September 20, 1993 as Ihe Zoning Ordinance of Ihe City of Dubuque, Iowa, to reclassify hereinafter described property ftom HI Heavy IndUl1riai Dis1rict as shown as Area 4 on Ihe exhibit map. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Commisaion of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of September, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in H"ald newspaper this September, 1993. It 9127 Ihe Telegraph 27th day of Mary A. Davis CMC City Clerk Council Member Voetberg moved that this be considered the first reading of lite Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to !be meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Cooncil Member Nagle. Carried by the following vote: Yeas-Mayoc Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Proof of Publication certified to by lite Publisher on Notice of Hearing on Plans and Specifications for Fremont Avenue and Cedar Cross Road Intersection Sight Distance Improvement Project presented and read. There were no written objections received and no oral objectors present at Ihe time of the Hearing. Cooucil Member Krieg moved that lite proof of publication be received and filed. Seconded by Couneil Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Vcetberg. Nays-Noue. RESOLUTION NO. 297.93 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the \at day of September, 1993, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubnque, Iowa for the Fremont Avenue and Cedar Cross Road Interseclion Sight Distance Improvement Project Whereas, notice of hearing on plans, specifications, form of contract and estimated cost was published as reqnired by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the said plans, specificarions, fonn of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated coot for said improvements for said project Passed, adopted and approved this 20th day of September, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Council Member Krieg moved adoplion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Proof of Publication eertified to by Ihe Publisher on Notice to Bidders of the Receipt of Bids for project and comrounica- tiou of City Manager recommending to award contract for project presented and read. Council Member Krieg moved that the proof and communicarion be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Memhers Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 298.93 AWARDING CONTRACT Whereas, sealed proposals have been submiUed by contractors for the Fremont Aveuue and Cedar Cross Road Sight Distance Improvement Project pursuant to Resolution No. 289-93 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on !be 9th day of September, 1993. Whereas, said sealed proposals were opeued and read on !be 14th day of September, 1993 and it has beeu determined that the bid of McDermott Excavatiug of Dubuque, Iowa in the amount of $10,729.28 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the contract for the ahove improvement he awarded to McDermott Excavating and !be Manager be and is hereby directed to execute a coutract on Regular Session, September 20, 1993 behalf of the City of Dubnque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's hond, lite City Treasurer is aulitorized and instructed to return Ihe hid deposits of the unsuccessful bidders. Passed, approved and adopted this 20th day of September, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krieg moved adoplion of the Resdution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. BOARDS AND COMMISSIONS LONG RANGE PLANNING COMMISSION One unexpired term which will expire 7- 1-96 (Term of City Mgr.). Applicants: Robert J. Felderman and Jeffrey P. Mozena. Vote ou the appointment was as follows: Mayor Brady voted for Mozena. Council Member Kluesner voted foc Mozena. Council Member Krieg voted for Mozena. Council Member Nagle voted foc Felderman. Council Member Nicholson voted for Mozena. Council Member Robbins voted for Mozena. Conncil Member Voetberg voted for Mozena. Therefore, Jeffrey P. Mozena appointed to fill the unexpired term which will expire 7-1-96. Communicarion of David F. Setter, Attorney for Fred Becker requesting Council to determine access Cooncil desires to be used regarding approval of final plat for Castle Ridge Estates, presented and read. Mr. SeUer spoke to the Council regarding the Kane St access. Council Member Krieg moved that the communication be received and filed and tabled to Oct. 4th for Public Input as how to develop access ftom either Kane or Kaofmann. Seconded by Cooncil Member Voetburg. Carried by the following vote: Yeas-Mayor Brady, Cooncil Members Kluesner, Krieg, Nagle Nichdsou, Robbins, Voetberg. Nays-None. Petition of Rev. David G. Scotchmer reqnesting to address !be Council to share information regarding !be PEW Partnership for Civic Change, preseuted and read. Council Member Voetberg moved that the 360 petition be received and filed and referred to the City Manager. Seconded by Council Member Nagle. Carried by !be following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Rev. Seotchmer spoke requesliug that a Council Member he appoiuted as a member of their Board and litat Council authorize appropriation. Joint Resdution with DMATS, County Bd. of Supervisors, Dubuqne Area Chamber of Commerce and Greater Dubuque Development Corporation, to Iowa Dept. of Transportation regarding !be final design of U.S. Highway H2O (Dodge St.) (item placed on Agenda by Mayor Brady), presented and read. Ccamcil Member Voetberg moved litat it be approved and authorized Mayor to execute. Secouded by Council Member Nicholson. Carried by !be followiug vote: Yeas-Mayor Brady, Couucil Members Kluesner, Krieg, Nagle Nicholson, Robbius, Voetberg. Nays-Noue, Proof of Publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids for the Construction of the 1993 Asphalt Paving Project aud communication of City Manager recommendiug to award contract for project, presented and read Council Member Nagle moved that !be proof and communication be received and ftled. Seconded by Council Member Robbins. Carried by the followiug vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 299.93 AWARDING CONTRACT Whereas, sealed proposals have beeu suheniUed by contractors for the 1993 Asphalt Paving Project pursuant to Resolulion No. 277-93 and uotice to bidders published iu a newspaper published in the City of Dubuque, Iowa on !be 9th day of September, 1993. Whereas, said sealed proposals were opened and read on !be 15th day of September, 1993 and it has been determined that lite bid of River City Paving, a Divisiou of Mathy Construclion of Kieler, Wisconsiu in !be amount of $388,336,46 was the lowest bid for the fuoriahings of all lahor and materials and performing the work as provided foc in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 361 Regular Session, September 20, 1993 That the contract for the above impovement be awarded to River City Paving, a Division of Mathy Construction and the Manager he and is hereby directed to execute a contract on behalf of !be City of Dubuque for the complete peñormance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, lite City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidderl. Passed, approved and adopted this 20th day of September, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by lite following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Vcetberg. Nays-Noue. Communication of City Manager recommending to purchase vacant property at 721 Davis St., presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Cooncil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg, Nays-None. RESOLUTION NO. 300.93 RESOLUTION OF INTENT TO ACQUIRE REAL ESTATE AT 721 DAVIS STREET, DUBUQUE, IOWA, BY THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque is commiUed to enforcement of honsing quality standarda and to the provision of assistance toward lite addition of housing units to lite City's inventory; and Whereas acqnisition of suitable properties, in specific instances, is an appropriate means of achieving these goals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That !be City of Dubuque hereby gives notice of its intent to acqnire the following legally described property from the seller, Helen Webster, Lot One Huudred Two (102), except lite Westerly Seven Feet CN7') thereof, and the West Thirty-Five Feet (W35') of O'Neill's Riverview in the City of Dubuque, Iowa, Dubuqne County, Iowa, acoording to the recorded plat thereof at the cost of Eighteen Thousand Dollars ($18,000), subject to the review and approval of a deed conveying snch property. Section 2. That the City Manager is hereby aulitorized and directed to purchase said property. Passed, approved and adopted this 20th day of September, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Couucil Member Voetberg moved adoptioo of the Resolution. Seconded by Couucil Member Kluesuer. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner. Krieg, Nagle Nicholson, Robbius, Voetberg, Nays-None. Communication of City Manager recommending to purchase property at 2190 Farley St in the amount of $8,000,00, preseuted and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kluesuer. Carried by the followiug vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle Nicholson, Robbius, Voetherg. Nays-None, RESOLUTION NO. 301.93 RESOLUTION OF INTENT TO ACQUIRE REAL ESTATE AT 2190 FARLEY STREET, DUBUQUE, IOWA, BY THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque is commiUed to euforcement of housing quality standards and to the provision of assistance toward lite addition of housing units to lite City's inventory; and Whereas acquisition of snitable properties, in specific instances, is an appropriate means of achieviug these goals, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That !be City of Dubuque hereby gives no~ce of its intent to acqnire the following legally described property ftom the seller, Craig ReUenmaier; The Westerly Forty Feet (W40') of Lot Two (2), and !be Westerly Forty Feet (W40') of the Southwesterly Twenty-Five Feet (SW25') of Lot One (I) iu Wickes Addition in !be City of Dubuque, Iowa, Dubuque County, Iowa, accordiug to the recorded plat thereof Regular Session, September 20, 1993 at the coat of Eight Thouaand Dollars ($8,000), subject to the review and approval of a deed conveying such property. Section 2. That the City Manager is hereby aulitorized and directed to purchase said property. Passed, approved and adopted this 20th day of September, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolutioo. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-Nooe. Communication of City Manager recommending to submit Grantee Peñormance Report to Department of Housing and Urban Development presented and read. Couucil Member Robbius moved that the communication be received and filed. Seconded by Cooncil Member Voetberg. Carried by lite following vote: Yeas-Mayor Brady, Conncil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nays-None. RESOLUTION NO, 302.93 RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANTEE PERFORMANCE REPORT FOR THE PERIOD COMMENCING JANUARY 1,1992 AND CONCLUDING JUNE 30, 1993, Whereas, the City of Dubuque, Iowa, is an entitlemeut grant recipient under the Community Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban Development (HUD); and Whereas, !be CDBG regulations reqnire that no later than ninety (90) days after the comple~on of a program year, each entitlement recipient must submit to HUD a peñormance and evaluation report, Grantee Peñormance Report (GPR); and Whereas, the CDBG regulations also reqnire that the entitlemeut recipieut make the GPR available to its citizens for comment prior to submission to HUD; and Whereas, the City has I) prepared a GPR for the program year commenciug January 1, 1992 and concluding June 30, 1993; 2) published notice of availability of the GPR in the Dubuqne Advertiser on September I, 1993 and in the Telegraph 362 Herald on September 2, 1993; 3) made copies of the GPR available for public review at the Public Libeary, City Hall and the Housing Services Office; and, 4) held a public hearing pnrsuant to published notice before the Community Development Commission on September 13, 1993. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grantee Performance Report for the period commeucing January I, 1992 and concluding June 30, 1993, a copy of which is attached, is hereby approved for suhenission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Grantee Peñocmance Report on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized and directed to submit the Grantee Peñormance Report to the U,S, Departmeut of Honsiug and Urban Development Passed, approved and adopted this 20th day of September, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Couucil Member Robbius moved adoptiou of the Resolution. Seconded by Council Member Voetberg, Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. An Ordiuance Amending the Code of Ordinances of the City of Dubuque, Iowa, by repealing Chapter 22 "Garhage, Trash and Refuse" and enacting a new Chapter 22 "Solid Waste" providing for !be regulation of Solid Waste and establishing penalties for the violation thereof, presented and given first reading at the Couucil Meeting of 9-7- 93, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 54.93 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING CHAPTER 22 "GARBAGE, TRASH AND REFUSE" AND ENACTING A NEW CHAPTER 22 "SOLID WASTE" PROVIDING FOR THE REGULATION OF SOLID WASTE AND ESTABLISHING PENAL TIES FOR THE VIOLATION THERF..DF. 363 Regular Session, September 20, 1993 Regular Session, September 20, 1993 364 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section I. Chapter 22 of lite Code of Ordinances of the City of Dubnque, Iowa, is hereby repealed and the following new Chapter 22 is hereby enacted in lieu dtereof: CHAPTER 22 SaUD WASTE ARTICLE L In General Section 22-1. Definitions. For !be purpose of this chapter lite following definitions shall apply: Class / prtmises shall mean and include: (I) Single-family dwellings; (2) Multiple-family dwellings up to and including six (6) dwelling units. Where two (2) or more laterally connected or joined dwelling units, including condominiums, towuhouses and row houses, iu which each dwelliug unit baa separste access and utility service, each dwelliug unit shall constitute a single-family dwelling. Class // prtmises shall mean all premises other than Dass I premises, including: (I) Business premises, businesses premises which iuclude apartments, residential property with home occupations, trailer courts, and commercial premises; (2) Schools, colleges, churches, convents, uursing homes, rooming houses and other semiprivate institutions; and, (3) Multiple-family dwelliugs exceeding six (6) dwelling units. Building lMIerials shall mean any material snch as lumber, floor coverings, brick, plaster, sheet metal or any other substances accumulated as a result of repairs or additions to existiug buildiugs, construction of new buildings or demolition of existing structures. Dwelling shall mean and include any building or portion thereof containing one or more dwelliug units. Dwelling UIIU shall mean and include one or more connected rooms having complete kitehen facilities and ananged, designed or \lied as living quarters for oue family ouly. Garbage shall mean all solid and semisolid, putrescible animal and vegetable wastes resulting ftom the handling, preparing, cooking, storing, serving and consumiug of food or of material intended for use as food, and all offal, excluding useful indus1rial byproducts, and shall include all such substances ftom all public and private establishmenta and ftom all reaidences. Hazardous Wastes shall mean waste materials, including but uot limited to poisons, pesticides, herbicides, acids, caustics, biohazardons wastes, flammable or explosive materials and similar harmful wastes which require special handling and which must be disposed of in such a manner as to conserve the euvironmeut and protect the public health and safety. Owner shall mean, in addition to lite record titleholder, any person residing iu, renting, leasing, occupying, opemting or transactiug busiuess in any premise and as between such parties, the duties, responsibilities, liabilities and obligations hereafter imposed shall be joint and several. Recyclable lMIerials shall mean materials, iucluding but not limited to food container glass, alwninum. steel (tiu) cans, III and 112 plastic buttles, uncontaminated newspapers and glossy paper (magazines). Newspapers and glossy paper shall be consideted uncontaminated if they have not been exposed to substances or couditions rendering them uuusable for recycling. Refuse shall mean putrescible and nonputrescible wastes iucluding but not limited to garbage, rubbish, ashes, incinerator ash, incinerator residues, street cleanings, market and indus1rial solid wastes and sewage treatment wastes in dry or semisolid form Rubbish shall mean nonputrescible solid waste consisting of combustible and noncombustible wastes, such as furniture, appliances, tires, bnilding materials or similar wastes. Solid Waste shall mean garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to snch materials resulting ftom indus1rial, commercial, agricultural, and domestic activities. Solid waste includes vehicles. Solid waste does not include toxic and hazardous wastes as defined by the Iowa Department of Natural Resonrces. Yard Waste shall mean debris such as grass clippings, leaves, garden wastes, brnsh and trees as defined by the Iowa Department of Natural Resonrces. Yard waste does uot include tree stumps, Section 22-2 - 22-16. Reserved. Section 22-17. Depusits on other property, public or private, prohihited. No person shall throw, rake, deposit, dump, drop, spill or store (other than the placement of contaiuers for collectiou as provided herein) any solid waste or toxic and hazardous wastes upon !be streets, sidewalks, rights-of-way or any public or private property within the City of Dubuqne. This section shall not apply to junk dealers, auto salvage dealers, pawn brokers or second baud dealers licensed under Chapter 29 of the Code of Ordinances. Section 22-18. ContaineD reqnired; specifications; collection of nonco...,Iying containers by city crews. (a) Solid waste shall be placed in suitable containers. However, it shall not be necessary to place books, boxes, magazines or newspapers in containers provided they are securely tied in bundles or completely contained in disposable boxes not more than twenty (20) by thirty (30) by forty-eight (48) inches. Tree limbs and carpet shall be securely tied in bundles not more than forty- eight (48) inches long and eighteen (18) inches in diameter. (b) A solid waste container shall be not more than thirty-three (33) gallons nor less than five (5) gallons in capacity except when only one container is used, in which case such container may be less than five (5) gallons in capacity. All such containers shall be wateIproof and fined with a tight lid and shall have handles, bails, or other suitable lifting devices. Contaiuers shall be of a type originally manufactured for refuse or garbage, with tapered sides for easy emptying, and shall be of light weight and stuJdy construction. The weight of any individnal container and its contents shall not exceed sixty (60) pounds. Galvanized steel and similar metal containers, rubber contaiuers, and plastic containers which do not become brittle in cold wealiter, may be used. Oil or grease drums, paint cans, and similar salvaged containers shall not be used. Disposable bags manufactured for garbage and solid waste disposal shall be acceptable unless they are left unaUended for such a period of time or in such a location as to become a health hazard. (c) Except for class II premises, health care waste shall be placed iu snitable containers separately from all other solid waste. Shlllp objects such as hypodermic needles, syringes and lancets shall be securely contained in hard plastic or metal disposable containers with screw-on or tightly secured lids for collection. Broken glass and similar materials shall be placed in disposable boxes with a secure closure. Other health care waste such as soiled bandages, disposable sheets and medieal gloves shall be placed iu thick disposable plastic bags or shall be double bagged. Dass II premises shall comply widt all Occupational Safety Health Administration (O,S.H.A.) regulations concerning the disposal of putentially infectious wastes. (d) A hasket bux or noncomplying solid waste container shall he considered disposable solid waste and shall be removed by the collectiou crews if it is !be proper size and otherwise acceptable for collection. It shall be left uncollected if it is larger than the allowable size or otherwise unacceptable for collection. (e) One curbside recycling coutainer shall be provided by the City to each dwelling unit in Dass I premises for the collection of recyclable materials. (I) Large and bulky rubbish such as furniture and appliances shall not be collected except when a special collection is established by the city manager for the collection of such items. Section 22-19. Wmpping and draining of certain solid wastes required. Within the corpnrate limits of the City of Dubuque, all solid waste consistiug of waste animal and vegetable maUer which may attract flies, dogs, cats, rodents and oliter animals shall be drained of all excess liquid, wrapped in paper or disposable containers, and placed or stored, until collected, in covered suitable containers as described iu section 22-18. Section 22-20. Unlawful accumulations, (a) It shall be unlawful for any person to permit to accumulate on any premises, improved or vacant or on any public place in !be City of Dubuque, such quantities of solid waste, either in containers or not, that shall constitute a health or sanitatiou hazard. (b) It shall be nalawful for any person to accumulate quantities of refuse, papers, garbage, ashes or other solid waste within or close to any building in !be city, unless the same is stored in contaiuers in such a manner as uot to create a health or fire hazard. Sectiou 22-21. Hazardons wastes and prohibited wastes DOt collected by city; transport by owner required; enumeration. (a) No person shall deposit in a solid waste container or otherwise offer for city collection any hazardous wastes or probibited wastes, except when a special collection is established by the city manager under Sec. 22-18 (I). (b) Hazardous wastes and prohibited wastes shall be transported by the owner to a sanitary disposal project licensed by the Iowa Department of Natural Resources to accept such wastes. (c) Prohibited wastes includes but is not limited to waste oils, lead-acid hatteries and tires. Section 22-22. Requirementa for vehicles hauliug solid waste. (a) No person shall haul any solid waste upon the streets, alleys or public places of the city unless !be ssme shall be in approved containers, securely fastened to prevent spillage, or in a totally enclosed, watertight vebicle. Dry-type material may be hauled in a totally enclosed vehicle or in an open vehicle which is coveted with a suitable 365 Regular Session, September 20,1993 tight-fitting canvas tarpaulin or similar cover which prevents spillage. (b) All vehicles, containers and d.....,.ters used for the collection and remoVlI of aoud waste shall be kept in a clean, inoffensive, and sanitary condition. All solid waste shall be handled in such a way as to prevent the scattering, spilling or leakage of same. Section 22-23. Transport to state- I approved sanitary dispnoal project (a) No person shall haul or cause to he hauled any aolid waste to any sanitary disposal project dump site or any other area urness Inch disposal project dump site or other area is liceused by and in full oompliance with all regulations iu the state in which it is located. (b) No person shall use dirt stone, brick, concrete or similar inorganic material for fill, landscaping, excavation or grading without first obtaining a bnilding permit, if required by other provisions of this Code of Ordinances, and only in conformance with all provisions of the zoning and subdivision ordiuances of this Code of Ordiuances. Sections 22-24 - 22-30. Reserved. Division I. City Collection Servloe Section 22-31. City manager's authority generally. The city manager is hereby authorized and directed to employ city-owued vehicles and equipment and the necessary operating personnel to oollect solid waste, yard waste and recyclable materials and to oollect fees and administer the program as provided for in this Article in the city, upon the terms and conditions of this division, Section 22-32, Availability of collection service. (a) Class ¡ premises, City solid waste collection from resideutial premises as defined in section 22-1 shall be mandatory. (b) Class II premises. Oass" premises uot serviced by city solid waste collection services may apply to !be city manager for such oollection services. The oollection rate shall be determiued accordiug to the fee schedule set forth in sectiou 22-37. The city manager may refuse solid waste collection service because of qUlßtities or characteristics beyond the capacity or capability to he handled efficieutly or safely by city personnel and equipment. Section 22-33, Frequency, time and areas of collection. (a) CoIIectious shall be made not more than once weekly at snch time and iu snch areas of the city as shall be determined and set oot in schedules prepared by !be city manager in accordance with the provisions of this chapter. All collections shall be made between the hOOfs of 6:00 a,m. and 9:00 p,rn.. (b) The collection schedule shall not include official city holidays unless otherwise determined by the city manager. However, a Sanuday may be substituted as the collection day ID replace !be oollection which would otherwise be made on the day of lite week the holiday occurs. (c) The city manager is hereby authorized and empowered to change or amend the collection schedules from time to time as the city manager may deem necessary. Section 22-34. Placement of contaiuers for collection. (a) Where collections are made from alleys, aolid waste containers sball be placed in one location for each dwelling, in clear view and at the owner's property line abatting the alley and on the days designated in said schedule. (b) Where collections are made from the street, solid waste containers shall be placed in one location for each dwelling, in clear view and iu the street right-of-way on the owner's property side of the curb and ou the days designated iu said schedule, Such coutaiuers shall be placed so as not to interfere with vehicular and pedestrian traffic and wheu emptied shall be promptly removed by the owner, (c) No persou sball place solid waste at the street for collection more than 24 boars before the scheduled collection day. (d) All solid waste shall be placed at the designated collection location for city collection by 6:00 a.rn. ou the scheduled collection day. (e) Any sulid waste not in compliance with this ordiuance shall uot be collected by the city and shall be removed by !be owner within 24 hours after the scheduled collection day and stored iu such a manuer as not to creale a health, safety or fire hazard. Sectiou 22-35, Owuership of solid waste aud recyclable materials; unauthorized persous probibited ftom picking up or collecting. From the time of placemeut for collection as provided in sectiou 22-34, all solid waste aud recyclable materials and recycling coutainers which meet the reqnirements of this Chapter placed for collection by the city shall become and be the property of the city and it shall be a violation of this section for any person other than authorized personnel of lite city to collect, pick up. or cause to be collected or picked up, any such materials. Sectiou 22-36. Limitation on quantity collected from Class I premises. The qUlßtity of solid waste to be collected by the city from each dwelling unit of class I premises as defined in sectiou 22-1 Regular Session, September 20, 1993 shall not exceed an average of one hundred thirty-two (132) gallons per week. Section 22-37. Charges - Amounts; exceptions. (a) Class¡ prt"'¡ses. Except as qnalified below, a fee of nine dollars ($9.00) per dwelling unit per month shall he paid to the city by the property owner of each class I premise for such services. Said fee shall be in payment for collection and disposal of solid waste and recyclable materials as defined. Exceptions to the oollection charges for class I premises are as follows: (I) When a class I premise has been vacant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only ao long as the class I premises is vacant. (2) Class I premises when the head of the honsehold is sixty-five (65) years of age or older and has an annual income eqnal to or less than thirtceu thousand six hundred dollars ($13,600) for a one person hoosehold or fifteen thousand five hundred dollars ($15,500) for a two person household may, upon application to the city manager, he exempted ftom one-half (112) lite established oollection charge. After !be initial application, annnal application shall be made by the head of household on July first of each year to verify annnal income and eligibility. (3) In cases of extreme financial hardship, !be city manager may, and is hereby authorized and empowered to make adjustments in the monthly collection charges as the city manager may deem appropriate. lu such cases, the city manager shall have !be authority to require snch proof of vacancy, fiuancial status, age or extreme hardship as the city manager may deem necessary. (b) Class II premises. The charge for collection service to Class" premises receiving such services shall be hased upon the average weekly quantity of solid waste collected. as determiued by the city manager, The rate charged shall be a multiple of the rate charged class I premises as follows: (I) Zero (0) to oue hundred thirty two (132) gallons of solid waste per week shall be charged the class I premises rate times oue. (2) Each additional unit of thirty three (33) gallons of solid waste per week or a fraction thereof shall be charged the class I premises rate times twenty five one- hundredths (0.25). The owner of a class" premises served by city solid waste oollection may provide the city manager with not less than fourteen (14) days written notice of the intent to terminate the service. Such terminatiou of service shall be effective at the beginning of the next hilling perind after Inch fourteen- day notice perind. (c) Special Collection. The charge for a special collection service for large and bulky rubbish to each dwelling unit receiving snch service when requested by !be owner shall be as follows: (I) A fee of ten dollars ($10.00) shall be paid to the City by the owner each time the service is provided. (2) An additional fee for appliances and tires, eqnal ID the dispusal fees charged at the Dubuque sanitary landfill, shall be paid to the city by the owner for each appliance in excess of one (I) and each tire iu excess of two (2), Section 22-38. Same - Billiug and collection. (a) The city manager is authori7.ed to bill tenants upon !be written request of the property owner and accordiug to a procedure to be established by !be city manager, The property owner in such cases shall provide any information on each tenant's mailing address to aid iu the collection of fees for city services. In all cases, the property owner shall remain liable for the paymeut of all charges reqnired by this Chapter, (b) All accounts shall be billed monthly, The payment of bills is subject to the terms of section 44-204 of this Cnde of Ordinances. (c) The collection of solid waste provided class I preorises and the mainteuance of the availability of snch service, whether or uot such service is used regularly or DOt at all by the owner of such class I premises, is hereby declared a benefit to said premises at least equal to the monthly charges specified, and in case of failure to pay the mouthly charge wheu billed as heretofore provided,then !be monthly charge shall beeorne a lien against the property benefitted or served and shall be collected in the same manner as general property taxes. (d) The city clerk shall certify, as of December thirty-first of each year, to the Dubuque coouty treasurer for collection with and in the same manner as property taxes and to establish the real property liens, all charges which are deliuquent Section 22-39. Yard Waste, (a) Yard waste shall be separated by the owner of a premises ftom all other solid waste. 366 367 Regular Session, September 20, 1993 (b) An owner may compost sneb penon's own yard waste on such peraon's own premisea provided the SIUne is stored in such a ....ner as to not create a fire, health or aafety hazard. (c) Yard waste that has not been COIJ1IOSœd by the owner or the premises shall be collected by the city not more than once each week according to the collection sebedule established by the city manager ftom April through November each year. Christmas trees shall be collected separately ftom all other solid waste once each week for two (2) weeks after !be Christmas holiday aœording to the provisions of this Chapter. (d) Yard waste collected by the city shall he planed in specially marked degradable bags or conllined by tyiug devices approved by the city ""ager. The charges for snch bags and tying devices shall be established by the city manager and approved by the city council. (e) No person shall deposit any yard waste in any public right-of-way. Sections 22-40 - 22-45. Reserved. DIvision 2. Private Collodion Service Section 22-46. Liceuse - Required. No person shall engage iu !be business of removiug or hauliug solid waste ftom the premises of another person without a license to do so ftom the city manager. The issuance of snch license shall be in the manner prescribed and subject to the terms of Article I of Chapter 31 of this Code of Ordinances. Section 22-47. Same - Application; fee. Application for snch license shall specify the type of eqnipment and vehicles to be used, the routes to be traveled, the places to be served and the name and resideuce of the applicant Such person shall pay, at the office of the city treasurer, an annnallicense fee of tweuty five dollars ($25.00) per year for each vehicle engaged in such business. Section 22-48. Same - Display of license number on vehicle. All vehicles licensed under this division shall prominently display !be license number on the vehicle on the lower portion of the driver's side of the windshield in clear view. Such license number shall be affixed to lite vehicle not less than five (5) days after lite day of issue. Section 22-49 Penalty. Any person violating any provision, section, or paragraph of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof be subject to a fine of not more than one hundred dollars ($100.00) or be imprisoned for not more than thirty (30) days, or both, and each day that a violation occurs shall constitute a separste offense. Section 22-50 Separability of Provisions. It is lite intention of the city conncil that each section, paragrsph, sentenoe, clauae, and provision of this Chapter is separable, and if any provision is held unconstitutional or invalid for any reason, snch decisiou shall not affect the remainder of this Chapter nor any part thereof other than that affected by such decision. Section 2. This Ordinauoe shall be in full force and effect after its adoption and publication as provided by law. Passed, approved and adopted this 20th day of September 1993, James E. Brady Mayor AUest: Mary A. Davis City Clerk Published officially in Herald uewspaper this September, 1993. It 9f27 lite Tekgraph 27th day of Mary A. Davis CMC City Clerk Council Member Kluesner moved that this be considered the second reading of the Ordinance, and that the requirement that a proposed Ordiuance be considered and voted on for passage at two Council meetiugs prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordiuance. Seconded by Council Member Voetherg. Carried by the followiug vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholsoo, Robbins, Voetherg. Nays-None. An Ordiuance Ameudiug Chapter 19, "Fire Prevention and Protection" of the City of Dubuque, Iowa, Code of Ordinances by adopting new Sections 19-9 through 19-11, prohibiting Open Burning, first reading ouly given at meeting of 9-7-93, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 55.93 AN ORDINANCE AMENDING CHAPTER 19, "FIRE PREVENTION AND PROTECTION" OF THE CIlY OF DUBUQUE, IOWA, CODE OF ORDINANCES BY ADOPTING NEW SECTIONS 19-9 THROUGH 19-11, PROHIBITING OPEN BURNING. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Regular Session, September 20,1993 368 Section 1. Chapter 19 of lite Cede of Ordinances of !be City of Dubuque, Iowa, is hereby amended by adopting the following new aections: Section 19.9 Burning res1rictions. (a) It shall be uulawful for any person to burn or incinerate any solid waste within lite city except by pennissioo of the city manager. This aectioo shall apply to all solid waste as defined by the Iowa Department of Natural Resources and shall specifically include all wastepaper, hoxes, building materials, yard waste, tree stumps, and all other materials other than convention- al materials \lied as fuels for a furnace or boiler. (b) This section shall not apply to any incinerator opersted under a license granted by !be Iowa Department of Natural Resouroes nor to any burniag conducted under the direction of !be fire departmeut for training purposes. (c) This section shall not apply to outdoor cookiug nsiug charcoal or propane gas as a fuel, nor to small wood fires for culinary purposes in !be places in padcs provided for that purpose by the Leisure Services Manager. Section 19-10. Specialpermissioo to bum yard waste. (a) The city manager may allow lite burning of yard waste, iucluding tree stumps, and other yard generated waste, for limited and specific periods. This provision shall apply only to the bumiug of such waste on the premises where such waste was generated. (b) The city manager may only permit such open bumiug when the ambient air quality of the city has met all air quality standards of the Iowa Department of Natural Resouroes for the precediug six-month period. Section 19-11. Cancellation of permiUed open burning. PermiUed open burning of yard waste may be cancelled inunedialely by the city manager in the event of unfavorable lncal weather or atmospheric conditions, or such other conditions as the city manager deems appropriate. Section 2. This ordiuance shall be in full force and effect after its adoption and publication as provided by law, Passed, approved and adopted this 20th day of September 1993. Published officially in lite Tekgraph Herald newspaper tilis 27th day of September, 1993. It 9/27 Mary A. Davis CMC City Clerk Council Member Kluesner moved that this be considered lite second reading of the Ordinance, and that the requiremeut that a proposed Ordiuance be considered and voted on for passage at two Council meetiugs prior to !be meetiug at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Cooncil Member Voetherg. Canied by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nayo-None. RESOLUTION NO. 303.93 Whereas, applications for Beer Permits have been submiUed and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "COO BEER PERMIT Mulgrew Oil Co. Asbury Fastop Sunday Sales 3300 Asbury Rainbu Oil Co, Kwik Stop Sunday Sales 2360 Asbury Passed, approved and adopted this 20th day of September, 1993. Atlest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesner moved adoption of !be Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yea&-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nayo-None. AtteSt: Mary A. Davis City Clerk James E. Brady Mayor RESOLUTION NO. 304-93 Whereas, applications for Liquor Ucenses have been submiUed 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 369 Regular Session, September 20,1993 """",,y with the State Law and all City Ordinances ælevant litereto and they have filed proper borals. NOW, TIIEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Tho! the Manager be authorized to cause to be issued the following named applicants a Liquor Ucense. CLASS "CO (COMMERCIAL) BEER AND liQUOR LICENSE Ad_'s Hi-Hat West Inc. AdmiIal's Hi-Hat West Sunday Sales 253 Main St Angela Mangeno Angie's Sunday Sales 1401 Illm St p.rn.S.T. , Inc. Happy's Place Sunday Sales 2323 Rockdale Kenneth Love/James Kohl The Grand Tap Sunday Sales 802 Central Ave. Leroy A. Miller Whitey's Bar X Sunday Sales 2616 Wiudsor Passed, approved and adopted this 20th day of September, 1993, James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Council Member Klnesner moved adoption of !be Resolution. Seconded by Council Member Voetherg. Carried by the followiug vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicbolson, Robbins, Voetherg. Nays-None. Communication of Zoning Commission advising of their _oval on a proposed Sign Overlay Dis1rict extending property 600 feet ftom the right-of-way of !be Nordtwest Arterial heginning 800 feet ftom Highway 20 and extendiug to John F. Kennedy Rd., presented and read. Cooncil Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robhins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins. Voetberg. Nays-None. An Ordinance ameuding Code of Ordinances by amending Appeudix A by adding a new Section 4-3.13, Northwest Arterial Corridor Sign Overlay Dis1rict relating to sign height for ou-and off-premise signs in !be Northwest Arterial Corridor, presented and read. Cooncil Member Voetberg moved that this be considered lite first reading of !be 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 fiually adopted be sUlpOnded and further moved that a Public Hearing he held on !be Ordinance at Ibe Council Meeting of October 4, 1993 at 7:30 p.rn. in !be Public Library Auditorium and that the City Clerk publish notioe in lite manner prescribed by law. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicbolson, Robbins, Voetberg. Nays-None. Communication of Zoning Commission advising of their approval to rezone properties at 2042 Illm Street and adjoining lots ftom R-2A to C-2 Dis1rict presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Carried by lite followiug vote: Yeas-Mayor Brady, Conncil Memhers Kluesner, Krieg, Nagle Nicholson, Robbius, Voetberg. Nays-None. An Ordinance Amending Appendix A of the Cede of Ordiuances by reclassifying property located at 2042 Elm Street and adjoiniug lots ftom R-2A Alternate Two- Family Residential Dis1rict to C-2 Neighborhood Commercial District, presented and read, Cooncil Member Voetberg moved that this be considered lite first reading of !be 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 fiually adopted be suspended and further moved that a Public Heariug be held on !be Ordinance at lite Council Meeting of October 4,1993 at 7:30 p.m in !be Public Ubrary Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Máyor Brady, Council Members Kluesuer, Krieg, Nagle Nicbolson, Robbins, Voetberg. Nays-None. Communication of Zoning Commission advising of their approval to rezone property located West of Menard Court ftom CS to C-3 Dis1rict presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Cooncil Members Kluesuer, Krieg, Nagle Nicholsou, Robbins, Voetberg. Nays-None. An Ordinance Amending Appendix A of the Code of Ordinances by reclassifying property located West of Menard Court ftom CS Commercial Service and Wholesale Dis1rict to C-3 General Commercial Dis1rict Regular Session, September 20, 1993 presented and read. Council Member Voetherg moved that this be considered lite first reading of the Ordinance, and litat the requirement that a propoaed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is ID be fiually adopted be suspended and further moved that a Public Hearing be held on !be Ordinance at lite Council Meeting of October 4, 1993 at 7:30 p.rn. in the Public Library Auditorium and that the City Clem publish notice in lite manner prescribed by law. Seconded by Council Member Nagle. Carried by the followiug vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicbolson, Robbins, Voetberg. Nays--None. Communication of Zoning Commission advising of their _val to change the sign regulations for Wal-Mart and Sam's Club and petition conlaining 8 signatures (addressed to Zoning Commission) objecting to any changes on !be sigu ordinance for the Walmart or Sam's Stores, presented and read. Cooncil Member Kluesner moved that the communication and petition be received and filed. Seconded by Council Member Voetberg. Carried by Ibe following vote: Yeas-Mayor Brady, Cooncil Members Kluesuer, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. An Ordinance Providing for the amendment of Ordinance No. 31-92 which Ordinance adopted lite PC Planued Commercial Dis1rict for Wal-Mart Stores, Inc., presented and read. Council Member Kluesner moved that this be considered the first reading only of the Ordiuance and that it be set for Public Hearing on October 4, 1993 at 7:30 p.m. iu the Public Library Anditorium and that the City Clem publish notice in the manner prescribed by law. Seconded by Conucil Member Voetherg. Carried by the followiug vote: Yeas-Mayor Brady, Cooncil Members Kluesner, Krieg, Nagle Nicholson, Robbins. Voetberg. Nays-None. . MINUTES SUBMITTED - Airpnrt Commission of 8-17; Investment Oversight Commission of 8-19; Ubrary Boord of Trustees of 8-26; Zoning Boord of Adjustment of 8-26; Zoning Commission of 9-1, presented and read, Council Memher Nagle moved that the minutes be received and filed. Seconded by Council Member Kluesner. Carried by the followiug vote: Yeas-Mayor Brady, Cooncil Members Klnesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nays-None. 370 Communications of Corpnration Counsel recommending the following claims should be administratively closed: Car damage of Caliterine M. Hubbard; Car damage of Robert F. Lynn, presented and read. Council Member Nagle moved that the communications be received and filed and recommendations approved. Seconded by Council Member Kluesner. Carried by the followiug v01l:: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicbo1son, Robbins, Voetherg. Nays-None. NOTICES OF CLAIMS/SUiTS - Richard & Mary Gotz in amount of $40.00 for property damages; Virginia Henry in unknown amount for persoual injuries; Matthew Hosch, in unknown amount for personal injuries; Shirley A. Huhanks in unknown amount for personal injuries; Helen F. Kalloway iu amount of $34.00 for personal injuries; Karen Kumbera-Allen in amouut of $1500.00 for property damages; Sally Anu Meyer in amount of $539.00 for persoual iujuries; John Sabers in amouut of $1000.00 for hacked-up sewer damages; R.R. Steinhoff iu amount of $2,729.99 for vehicle damages, presented and read. Couucil Member Nagle moved that the claims and suits be referred to the Legal Staff for investigatiou and report. Secouded by Council Member Kluesuer. Carried by the followiug vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicbolson, Robbins, Voetherg, Nays--None, Communications of Corporation Counsel advising the following claims have been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Relainiug wall damage of James W. Bauerly; Relaining wall damage of Robert & Catherine Breitbach; Fall/personal injury of Benjamin Gerhard; Personal iujnry of Jemal Knowles; Fall/personal iujnry of James A. Kringle; Sewer backup of Todd M. Lampe; Sewer backup of Pam McKinley; Car damage of Vicki S. Mellum; Property damage of F. Roger Murray; Fali/personal injnry of Carl Sanman; Property damage of George Stuart preseuted and read, Couucil Member Nagle moved that the communicatious be received and filed. Secouded by Council Member Kluesner. Carried by the followiug vote: Yeas-Mayor Brady, Conncil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays--None, Proofs of Publication, eertified to by the Publisher, of 1993 Financial Report for Fiseal Year ended June 30, 1993; List of Claims paid for monlit of July, 1993; Notice of filing of the final plat for 1992 p,c. 371 Regular Session, September 20,1993 Regular Session, September 20,1993 372 Concrete Paving Project presented and read. Council Member Nagle moved that the proofs be received and filed. Seconded by Council Member Klnesn... Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbina, Voetherg. Nays-Nooe. Cormlunication of Finance Director submitting Financial RepŒIS for mooth of Augu&t 1993, presented and read. Councll Member Nagle moved that !be oommunica- tion he received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholsoo, Robbins, Voetherg. Nays-Nooe. Petition of Clad< W. Wolff, President of Seloo, Inc. reqnesting to vacate alley located between 14th & 13th Streets between Elm and Washington Streets, presented and read. Council Member Nagle moved that the petition be referred to !be City Manager. Secouded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of Frank Hardie Advertiaing, Inc., advisiug they have no objection to vacate an alley located adjacent to their property at 14th & Washington Streets as requested by Clark W. Wolff, presented and read. Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Kluesuer. Carried by the following vote: Yeas-Mayor Brady, Council Membera Kluesner, Krieg, Nagle Nicholson, Robbius, Voetberg. Nays-None. Communication of Don Fryburger suhenitting his resignation from the Cable Community Teleprogranuning Commission; Risa Anderson submitting her resignation ftom the Five Flags Center Commission; Andrea J. Psaros Shicldes submitting her resignation as second census tract representative on Community Development Commission; Robert Spaguola suhenitlíng resignation ftom Human Rights Commission effective 9-14-93, preseuted and read. Council Member Nagle moved litat the communication be received and filed and resignations accepted with regret Seconded by Council Member Kluesner, Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays--Nooe. Petition containing 12 signatures reqnestiag consideration be given to allow parking on the East side of Bluff St between Dodge St and Jones St, presented and read. Council Member Nagle moved that lite petition be referred to lite City Manager and Staff. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. 1. Lease agreement dated April 8, 1970. 2. First amendment to lease dated November 3, 1970. 3. Lease agreement dated February 5, 1974. 4. Lease agreement dated November 16, 1987; and Whereas, the First Natiollll Bank of Dubuque has agreed to lend Lessee certain SU!IVI of money for the purpose of constructing improvements to the leased premises for the benefit of the business to be conducted upon the leased premises; and Whereas, the lease agreements between the City of Dubuque and Dubuque Yacht Basin allows an assignment of the lease by the Lessee at its option upon prior wriUen approval of the City to the extent that the City's interests shall he fully protected; and Whereas, the City Council of the City of Dubuque, Iowa has determined that it is in the best interest of the City to conseut to such assignment NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That !be assignment of Real Estate Lease and Agreemeut attached hereto from !be Dubuque Yacht Basin, Inc. to the First National Bank is hereby approved. Section 2. Thst the Mayor be authorired and directed to sign said Assignment of Real Estate Lease and Agreement on behalf of lite City of Dubuque, Iowa. Passed, approved and adopted this 20th day of September, 1993. James E. Brady Mayor Petition containing 14 signatures requesting a two hour limited parking on Bryant Street ftom 325 Bryant to 360 Bryant, presented and read. Council Member Nagle moved that !be petition be referred to lite City Manager and Staff. Seconded by Couucil Member Kluesuer. Carried by the following vote: Yeas-Mayor Brady,. Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of Dun & Bradsteet advisiug of closing its office at 840 Cycare Plaza in Dubuque effective November 15, 1993. presented and read. Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Kluesuer. Carried by the following vote: Yeas-Mayor Brady, Couneil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager recommeuding approval of assignment of a City Lease for property to Dubuque Yacht Basin, Inc. to First National Bank of Dubuque (now known as Hawkeye Bank of Dubuqne), presented and read. Council Member Nagle moved that the communicalíou be received and filed. Secouded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Cooncil 'Members Kluesner, Krieg, Nagle Nicholsou, Robbius, Voetberg. Nays-None. Attest: Mary A. Davis City Clerk Council Member Nagle moved adoptiou of the Resolution. Seconded by Council Member Kluesuer. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RF,SOLUTION NO. 305-93 RESOLUTION AUTHORIZING THE ASSIGNMENT OF CERTAIN LEASES BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE YACHT BASIN, INC. TO FIRST NATIONAL BANK OF DUBUQUE FOR SECURITY Communication of City Manager recommending an amendment to Resolulíon No. 114-93 to accept the dedication of Lot B of Idlebrook Estates, presented and read. Council Member Nagle moved litat the communication be received and filed. Seconded by Council Member Klnesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Whereas, the City of Dubnque, Iowa (City) has leased to Dubuque Yacht Basin, Iuc., an Iowa corporation (Lessee) certain real property located at 1630 E. 16th Street Dubuque, Iowa pnrsuant to the following leases: RESOLUTION NO. 3OIí-93 RESOLUTION AMENDING RESOLUTION 114.93 TO ACCEPT DEDICATION OF LOT B OF IDLEBROOK ESTATES. Whereas, the City Council approved the fino! plat of Idlebrook Estates with Resolution 114-93; and Whereas, upon asid plst existed Lot B which the owuer dedicated to the public but the City did not accept the dedication at that time; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That Resolution 114-93 approving the final plat of Idlebrook EstaIeS, reoorded on June I, 1993 by Instrument Number 6487-93, is hereby amended to accept !be dedication of Lot B as it appears upon said fiual plat of Idlehrook Estates. Passed, approved and adopted this 20th day of September, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoptiou of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. There being no furdter business, Council Member Voetberg moved to adjourn. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesuer, Krieg. Nagle Nicholsou, Robbius. Voetberg. Nays-None, Meetiug adjourned at 10:20 p,rn. Mary A. Davis CMC City Clerk Regular Session, October 4, 1993 373 Regular Session, September 20,1993 Approved LJJ1~1 ,;¿, , 1994. Adopted 7};cÙ!,;2 1994. I r(I" ¿[ DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, October 4, 1993 Council Met at 7:30 p.rn., Public Library Auditorium Present: Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Mayor Brady read the eall and stated that this is the Regular Session of !be City Council called for the purpose to act upon such business which may properly corne before the Council. I 0,"' Invocation was given by Rev. Ed Novak, Pastor of St Peter's Lutheran Church. PROCLAMA nON - October 13 as Emergency Nurses Day" received by Pam Fincel of The Finley Hospital and Lanra Schueller of Mercy Medieal Center. David Rusk addressed the Council regarding Public Comment Session for Long Range Comprehensive Plan. Council Member Nagle moved that lite rules be suspended to allow anyone preseut to address the Council if they so desire. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Cooncil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Proof of Publication eertified to by the Publisher on Notice of Public Hearing to consider an Ordinance to add Northwest Arterial Corridor Sign Overlay Dis1rict to the Code of Ordinances and communications of Mike Finnin of Finnin Motors, Inc., John B, Carlisle of Carlisle Communications, Ltd., Robert Burgmeier of Consolidated Freightways, Leo Theisen, Pres. of Theisen Supply Inc., Me1rix Co.. Ward Auto Brokers, Rite Hite Corp. Westmark, Medical Associates Clinic, P.C. and R.D. McDonald objecting to propnøed 25 foot height limitation along the NW Arterial corridor and Metrix Co., Rite Hite Corp., Westrnark, Medieal Associates Clinic, PC and RD. 374 McDonald objecting, presented and read. Council Member Krieg moved that the proof and communications he received and filed. Seconded by Cooucil Member Voetberg. Carried by the following vote: Yeas--Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays-Mayor Brady, Couucil Member Nagle, Larry Weitz, 2400 Kerper Blvd., objected to adoption of the Ordinance. Anna O'Shea, 1670 Wood St., of the Long Range Planning Comm. supported the creation of the sign overlay dis1rict for NW corridor. Steve Hardie requested denial of the Ordinance. Mike Remakel, 13899 Surrey Lane, owner of property at Asbury & NW Arterial, objected to the Ordinance as presented. David Hartig, 1255 Soo!bem, spoke iu favor of the Ordiuance. An Ordinance Ameudiug Appendix A of the Code of Ordiuances by adding a new Section 4-3,13, Northwest Arterial Corridor Sign Overlay Dis1rict relating to Sign Height for on-and off-premise signs in the Nordtwest Arterial Corridor, said Ordinance having beeu given the first and second readings at the Cooucil Meeting of 9-2().93, presented for final action. Council Member Krieg moved to deny the passage of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays-Mayor Brady, Council Member Nagle. Proof of Publicatiou eertified to by the Publisher ou Notice of Public Hearing to consider reclassifying property at 2042 Elm Street ftom R-2A to C-2 Dis1rict preseuted and read. Tbere were uo written objections received and no oral objectors present at the time of !be Hearing. Council Member Robbins moved that the proof of publica60n be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Kent Althans, owner of the property, spoke to !be proposed Ordinance. An Ordinance Amending Zoniug Ordinance by reclassifying property located at 2042 Elm Street and adjoining lots from R-2A Alternate Tw<>-Farnily Residential Dis1rict to C-2 Neighborhood Commercial Dis1rict said Ordinance having been presented and read at the Council Meeting of 9-2().93, preseuted for final ac60n.