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1993 October Council Proceedings Regular Session, October 4, 1993 373 Regular Session, September 20,1993 Approved L1J;j¿¿SI ,;(, 1994. Adopted /J/?tÞtI,.).. 1994. I r-(7o ¿L DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, O<;tober 4, 1993 CoWlcil Met at 7:30 p.m, Public library Auditorium Present: Mayor Brady, CoWlcil Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg, City Manager Micbael Van Milligen, Ccrporstion CoWlsel Barry A. lindabl. Mayor Brady read the call and slated that this is the Regular Session of the City CoWlcil called for the purpose to act upon sucb business which may properly come before the Council. v . , """""\"~'c \,<",., Co 'I Members "'\ ~U:~I)j¿ ¿~œ.btJ¿ V<-~fftttt¡ City Clerk I ~~. Invocation was given by Rev. Ed Novak, Pastor of SL Peter's Lutheran Church. PROCLAMATION. O<;tober 13 as Emergency Nurses Day" received by Pam Pincel of The Pinley Hospital and Laura Schueller of Mercy Medical Center. David Rusk addressed the Council regarding Public Comment Session for Long Range Comprebensive Plan. CoWlcil Member Nagle moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by CoWlcil Member Nicholson. 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 Publisber on Notice of Public Hearing to consider an Ordinance to add Northwest Arterial Corridor Sign Overlay District to the Code of Ordinances and communications of Mike Rnmn of Pinaln Motors, Inc., John B. Carlisle of Carlisle Communications, Ltd., Robert Burgmeier of Consolidated Preigbtways, Leo Theisen, Pres. of Theisen Supply Inc., Metrix Co" Ward Auto Brokers, Rite Hite Corp. Westmark, Medical Associates Clinic, PoCo and R.D. McDonald objecting to proposed 25 foot height limilatioo aloog the NW Arterial corridor and Metrix Co" Rite Hite COIp., Westmark, Medical Associates Clinic, PC and R.D. McDonald o~ecûng, presented and read. CoWlcil Member Krieg moved that the proof and commWlicaûons be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays-Mayor Brady, Council Member Nagle. Larry Weitz, 2400 Kerper Blvd., o~ected to adoptioo of the Ordinance. Anna O'Shea, 1670 Wood St., of the Long Range Planning Comm. supported the creation of the sign overlay district 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 Oniinance as presented. David Hartig, 1255 Southern, spoke in favor of the Ordinance. An Ordinance Amending Appendix A of the Code of Oniinances by adding a new Section 4-3.13, Northwest Arterial Corridor Sign Overlay Dislrict relating to Sign Heigbt for on.and off.premise signs in the Northwest Arterial Corridor, said Ordinance having been given the first and secood readings at the Council Meeting of 9-20-93, presented for final action. Council Member Krieg moved to deny the passage of the Ordinance. Seconded by CoWlcil Member Voetberg. Carried by the following vote: Yeas-Council Members Kluesner, Krieg, Nicbolson, Robbins, Voetberg. Nays-Mayor Brady, Council Member Nagle. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider reclassifying property at 2042 Elm Street &om R-2A to C-2 Dislrict. presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. CoWlcil Member Robbins moved that the proof of publication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Kent Althaus, owner of the property, spoke to the pmpnsed Ordinance. An Ordinance Amending Zoning Ordinance by reclassifying property located at 2042 Elm S_t and adjoining lots from R-2A AI"'mate Two-Pamily Residential District to C-2 Neighborbood Commercial District. said Oniinance baving been presented and read at the Council Meeting of 9-20-93, presented for final action. 374 375 Regular Session, October 4, 1993 (OmCIAL PUBLICATION) ORDINANCE NO. 56.93 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, lOW A, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCA11ID AT 2042 ELM STREET AND ADJOINING LOTS FROM R.2A ALTERNATE TWO.FAMILY RESIDENTIAL DISTRICT TO C.2 NEIGHBORHOOD COMMERCIAL DISTRICT. NOW, TI\EREPORE, BE IT ORDAINED BY THE CITY COUNCIL OP TIlE CITY OP DUBUQUE,IOWA: Secûon I. That the Code of Oniinances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property &om R-2 Alternate Two- Family Residential District to C-2 Neighborhood Shopping Center Diatrict. to wit: Lot 4, Lol 5, Lot 6, Lot 2 of Lot 2 and Lot 2 of Lot 2 of Lot 3 of Reifsteck's Subdivision and Lot 2 of Smedley's Sub, and to the center line of the adjoining public right-of-way, aU in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of O<;tober, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Tel<graph Herald newspaper this 8th day of O<;tober, 1993. 111018 Mary A. Davis CMC City Clerk Council Member Robbins moved final adoption of the Ordinance. Seconded by CoWlcil Member Voetberg. Carried by the following vo"': Yeas-Mayor Brady, CoWlcil Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetherg. Nays-None. Proof of publication certified to by the PulÜsher on Notice of Public Hearing to consider reclassifying property located West of Menard Court from CS to C-3 District. presented and read. There were no written objections received and no oral o~ectors present at the time of the Hearing. Council Member Krieg moved that the proof of publication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, CoWlcil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nays-None. An Ordinance Amending Zoning Ordinance by reclassifying property located West of Menard Court &om CS Commereial Service and Wholesale Dislrict to Co3 General COIIIØII%Cial District. said Ordinance baving been presented and read at the CoWlcil Meeting of 9-20-93, presented for final action. (OFfICIAL PUBLICATION) ORDINANCE NO. 57.93 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, lOW A, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE WNING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED WEST OF MENARD COURT FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO C.3 GENERAL .COMMERCIAL DISTRICT. NOW, THEREPORE, BE IT ORDAINED BY THE CITY COUNCIL OP TIlE CITY OP DUBUQUE,IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from CS Commercial Service and Wholesale District to CO3 General Commercial District. to wit: Lot I of Block 2 of Tschiggfrie Commercial and to the center line of the adjoining public rigbt-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Regular Session, October 4,1993 Passed, approved and adopted this 4th day of O<;tober, 1993. James E. Brady Mayor Attest: Mary A. Davis CityCleIk Published officially in the Tel<graph Herald newspsper this 8th day of O<;tober, 1993. It 1018 Mary A, Davis CMC City Clerk CoWlcil Member Krieg moved final adoption of the Ordinance. Seconded by CoWlcil Member Nagle. Carried by the following vo"': Yeas-Mayes Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nays-None. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider an ordinance regarding proposed changes to sign regulations for Wal-Mart and Sam's Club stores, presented and read. There were no written objections received. CoWlcil Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Nicholson. Carried by the following vow: Yeas-Mayes Brady, Council Members Kluesner, Krieg, Nicholson, Voetberg. Nays-Council Member Nagle, Robbins. John Palmer of Nagle Signs, spoke requesting approval of the Oniinance, stating that it was the Slandard Wal-Mart signs and lighting. An Oniinance Providing for the Amendment of Ordinance No. 31-92 which adopted the PC Planned Commercial District for Wal-Mart Stores, Inc., first reading only given at meeting of 9-20-93, presented for further action. CoWlcil Member Kluesner moved that this be considered the secood reading of the Ordinance, and that the requirement that a proposed Oniinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by CoWlcil Member Nicholson. Vo... on the motion was as follows: Yeas-Mayor Brady, Council Members Kluesner, Nicholson, Voetberg. Nays-Council Members Krieg, Nagle, Robbins. MOTION PAIT.ED DUE TO LACK OP 3/4 VOTE. CoWlcil Member Kluesner moved that this be considered the second reading only of the Ordinance. Seconded by Council Member 376 Nicholson. Carried by the following vote: Yeas-Mayor Blady, Council Members Kluesner, Krieg, Nicholson, Voetberg. Nays-Council Members Nagle, Robbins. Proof of Publication certified to by the Publisher 00 Notice of Public Hearing to consider an ordinance on pmpnsed tianchise agreement with Interstate Power Company and communication of City Manager recommending approval of Ordinauce and Resolution regarding Pranchise with Interstate Power Company, presented and read. Council Member Kluesner moved that the proof and communication be received and filed, Secooded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays-Council Member Nagle. Mr. Sam Haas of Interslate Power Co., spoke endorsing the Ordinance and Resolution. An Ordinance Granting to Interslate Power Company, a Delaware Corporation, its successors and assigns, a nonexclusive authority for the period of 25 years to maintain and operate its existing Electrical System and conslrUct extensions thereto within the limits of the City of Dubuque, Iowa, etc., said Ordinance having been presented and read at the CoWlcil Meeting of 9-7-93, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 58.93 AN ORDINANCE GRANTING TO INTERSTATE POWER COMPANY, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE AUTHORITY FOR A PERIOD OF TWENTY- FIVE (25) YEARS TO MAINTAIN AND OPERATE ITS EXISTING ELECTRICAL SYSTEM AND CONSTRUCT EXTENSIONS THERETO WITHIN THE LIMITS OF THE CITY OF DUBUQUE, IOWA, INCLUDING ANY TERRITORY WHICH MAY BE ANNEXED THERETO DURING THE TERM OF THIS FRANCHISE TO THE EXTENT ANY SUCH TERRITORY IS WITWN TIlE EXCLUSIVE SERVICE TERRITORY OF THE COMPANY UNDER IOWA CODE CHAPTER 4" (OR ITS SUCCESSOR), AND INCLUDING THE RIGHT TO ERECT AND MAINTAIN ALL NECESSARY FACILITIES AND 377 Regular Session, October 4, 1993 Regular Session, October 4, 1993 378 EQUIPMENT IN, UNDER, UPON, OVER, ACROSS AND ALONG THE STREETS, ALLEYS, BRIDGES AND OTHER SIMILAR PUBLIC PLACES WITHIN THE CITY FOR THE PRODUCTION, TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRIC POWER, AND PRESCRIBING TERMS AND CONDITIONS UNDER WHICH THE COMPANY IS TO OPERATE; AND REPEALING ORDINANCE NO. 57. 6&. NOW, TIlEREPORE, BE IT ORDAINED BY THE CITY COUNCn.. OP THE CITY OP DUBUQUE, IOWA: Section \. Definitions. \. Whenever the word "city" appears in this ordinance, it is intended and shall be held to mean the City of Dubuque, Iowa. 2. Whenever the word "company" appears in this ordinance, it is intended and shall be held to mean the Interstate Power Company, ila successors and assigns. 3. Whenever the word "grantee" appears In this ordinance, it Is in"'nded and shall be held to mean the Interstate Power Company, a Delaware COJPoration, its successors and assigns. 4, Whenever the word "franchise" appears in this ordinance it is intended and shall be held to mean the grant of authority contained in this ordinance as accepted by the company. 5. Whenever the word "streel" appears in this ordinance, it is intended and shall be held to mean streets, alleys, bridges, avenues, highways and other similar public places used for transportation purposes within the city. 6. Iowa Utilities Board means the utilities board or utilities division established by Iowa Code Chapter 474 (or its successor). Section 2.. Grant of franchise. There is hereby granted to the company, its successors and assigns, for a perind of twenty-five (25) years a nonoexclusive authority to maintain and operste its existing electrical production, transmissioo and distribution system and construct extensions and additions within the limila of the city including any areas added to the city by annexation or otherwise, together with all necessary facilities and equipment in, under, upon, over, across, and along the streets of the city for the transmission, distribution and sale of eleelrical power therein. Also granted is the right of eminent domain, as provided in Iowa Section 364.2 (1993). Section 3. Street Usaae, The company shall not locate any new electrical distribution or service line, including poles or other faciliûes, within the city in the public right of way without the approval of the city engineer. The city reserves to itself the power to irrq>ose reasonable regulations on the company's use of streets. The city reserves the right by resolution or otherwise to designate the location of any new electric distribution or service line including poles and other facilities with reference to other street facilities such as sewer and water mains and services and street trees in such a manner as to promote the public aafety and to protect XIblic property. The company agrees to consult with the City as to the location of any new transmission lines that will be outside the city limila which will serve the city, and to consider the location of such lines so they will be compatible with any impacted zouing, ecooomic development. growth and other plans of the city. Section 4, Excavations and Other Worb. A written permit will be obtained &om the city engineer whenever it becomes necessary for the company to excava'" in streets or public grounds of the city. Such permits shall slate a particular part or pninl of the street where the escavatioo is to be made and the length of time in wbich such permit shall authorize the work to be done. An exception to a requirement for a permit shall be made in cases of emergency involving public safety, in which case a permit will be obtained at the earliest opportunity after the work has slarted. In making excavations in the streets the company shall proceed with such work as to cause the least possible inconvenience to the public. Tbe company shall properly protect, according to safety standards generally accepted at the time of placement. as may be determined &om time to time by the city engineer, all excavations and obstructions by proper shoring, surface plates, barricades, warning lights and such other or additional devices as circumslances may warrant. If in the opinion of the city engineer such excavation or obstruction is not properly and aafely protected, the engineer sball notify the company and the company will immediately comply with such reasonable instructions. Immediately after boried electrical service lines are inslalled or repaired, the IIencbes in which such lines are inslalled will be refilled by the company. No bench or excavation in the streets sball be filled or covered without giving the city the right to inspecl the same. All backfilling in streets will be acoording to city specifications. Temporury street surfacing will be placed in sucb excavations as soon as the same has been backfilled. Pavements, sidewalks, curb and gutters or other pnrtions of streets and public places opened, disturbed or damaged by company shall be J>1'OI11>tly restored and replaced with like ma"'rials by the company at its own expense and left in as good condition as before. In the event like replacement materials are not available, the company shall notify the city engineer who must approve the use of any alternate materials. In the event that the company shall fail to comply with the provision of this section, after having been given reasonable notice, the city may do such work as may be needed to properly repair such pavements, sidewalks, curb and gutters or other pnrtions of streets and public places and the colt thereof shall be repaid to the city by the company. In some cases where a cut or disturbance is made in a section of street paving or sidewalks, rather than replace only the area cut. the company shall replace that area stipulated by the city engineer which in no event shall exceed the panel or panels disturbed. Tbat whenever any person bas obtained permislÎon &om the municipaûty to move any building or structure which may interfere with the poles, wires or other fixtures of said Grantee, Grantee shall, upon five days' notice thereof, and at the expense of the person desiring to move such structure, remove such poles, wires or other fixtures as may be necessary to allow the passage of such structure, for a reasonable length of time, upon receipt &om such person of satisfactory assurance covering the cosl of such removal and replacement and any liability or damage resulting therefrom Section 5. Relocation of Service Lines. Whenever the city shall pave or repave any street or shall change the grade line of any street or public place or shall construct or reconstruction any conduit. water main service or water connection, se- or other municipal public works or utility, it shall be the duty of the company, except wbere easements of record are held by the company, wben so ordered by the city, to relocate its service lines and other property in the streets or other public places at its own expense so as to conform to the eslablished grade or line of sucb street or public place and so as not to interfere with the conduits, sewers and other mains so constructed or recoostructed. However, the company sball not be reqnired to relocate poles or other facilities and appurtenances when the street. alley or XIblic grounds, in which they are located, Is vacated for the convenience of abutting property owners and not as an incident to a public improvement. urness the reasonable cost of such relocation and the loss and espense resulting therefrom is first paid to the company by the abutting property owners. In the case of public improvements, including but not limited to Urban Renewal projects, the city may require the company to relocate its poles, service lines and appurtenances in the streela at company's expense. The city may at ila discretion assign personnel for inspection of excavadon and related work being performed by the company. Should the company fail or refuse to do and perform the things provided in this ordinance, the city may, after reasonable notice, perform the work and charge the expense thereof to the company and the company sball promptly pay said charges. Section 6. Accessions to Pranchise. Wbere any electric service line is presently or in the future placed anywbere in the corporate limits of the city, either as now existing or hereaf"'r exteuded, not in a public street and a street shall thereafter be opened or dedicated so as to include said line within the right-of-way of such street. said eleclric line shall be required to be opersted and maintained under the tenns of this franchise. Section 7. Representation of Conn>anv. The company agrees to provide and mainlain its entire system pursuant to Iowa Utilities Board rules in such condition that it will furnish safe, adequa"', efficient and continuous service, Section g. Reeulatorv Review. To the extent the provisions of this Section 8 are consistent with slate and federal law and regulation the rights described in this section are reserved to the City and may be exercised by it in its discretion in accord with the duty of the City to protect the health and welfare of its citizens. Slandards for meters and meter pmctices shall be in accordauce with regulations, rules or directives adopted by the Iowa Utilities Board of the Iowa Department of Commerce. Section 9. Reserved Re.ulatorv Ri.hts. In the event the Slate of Iowa or the Uniæd Sta"'s ceases to regulate any aspect of the delivery of electrical service now regulated by either or both, the City reserves the right upon such cessation to regulate such matters to the extent such matters are local affairs impacting the hcalth, safety or welfare of residents of the City. Section 10. Extension of Service. The company shall be reqnired to extend its electric dislribution service lines as reqnired by Iowa Utilities Board rules. The Company, consis"'nt with this paragraph, shall maintain the availability of service throughout the entire City (including newly annexed areas) by extending lines in a manner consis"'nt with the econcmic growth 379 Regular Session, October 4,1993 of the City and the City shall in the extensioo of streets and roads make provisioo for the placement of electric service lines, however, failure of the City to reserve right of way for electrical usage ia not a default or breacb WIder this agreement. Seeûon 11. Rates. The company shall supply electricity to consumers within the I city at maaonable tates. It is recognized that under the statues of the State of Iowa, the Iowa Utilities Boon! of the Iowa Department of Commerce is vested with legal authority to supervise, fix or change tates and charges authorized to be charged by the company to electricity consumers. It is also recognized by both the company and the city that matters involving tate changes and charges are Incal in their applicatioo and effect and that the city, through its city council, shall be within its privileges and municipal responsibilities in ma1ring inquiries, expressing interest or a adopting a position 00 matters of tate changes or cbarges by the company. Simultaneously, with the filing by the company of application or petition or request in any form with the Iowa Utilities Board, or other regulatory body vested by law with authority and jurisdiction to authorize change of rates or charges, for an increase in or authority to increase tates or charges, or for any revision or change which would have the effect of increasing the taWS and prices to be paid to the company by consumers of electricity in the city, the company shall file with the city clerk of the city a written notice slating that it intends to make such application for rste increase. The notice sball state in a clear and defiuite way the amount of such increase tate to be requested as applied to each class of consumer use. In the event tates or charges in general, or any class or type of tate or cbarge shall, during the term of this franchise, cease to be regulated by any state or federal agency the City CoWlcil reserves the right to regulate sncb rates within the City. Section 12. Reoorts to City Council. The company shall file with the city clerk a 1rue copy of the annnal report of the company pertaining to the operation or conduct of business of the company under this franchise. The report may be the same as the company shall have prepared for such year in the ordinury course of the conduct of the bosiness of the company and filed with the Iowa Utilities Board. Section 13. Coruvanv rules. The company sball. file with the cily clerk any copy of its rules and regulations for supplying eIeclrical service to consumers. Such copy sbaU be kept current. showing any changes, additioos, deletions or amendments. Sectiou 14. Mavs of Distributioo System The company shall, prompdy after the award of this franchise, fumisb the city engineer a delailed map or maps of its distribution system both within the city limits and the area immediately surrounding the cily. The company shall thereafter update the map or maps every year showing all subsequent additions or deletious to the distribution sysæm. Prior to any excavation by the city, or Its agents, a representative must conlact the company regarding current information on the locatioo of underground electric lines in the area concerned. The obligatioo to conlact the company under this section shall be asûsfied if conlacl is made with a coq>oration organized pursuant to Iowa Code Chapter 480 (1993) or an entity with a similar function utilized by both the City and the company, currendy the Iowa One-Call System. Section 15. Indemnification. The company shall indemnify and hold the city harmiess at all times during the term of this franchise from and against all claims for injury or damage to persons or property caused by the constructioo, erection, operstion or maintenance of its properties, or the negligence of its cootractors or its employees. In case of any suit or action at law being conunenced against the City, upon any claim for damage arising out of any loss, injury or damage, claimed to have been caused by any inslaUation, improvement obs1ruction or excavation in any street, alley, sidewalk or public place in the city of Dubuque, and which installation. improvement. obs1ruction or excavation in any street. alley, sidewalk or public place in the city of Dubuque, and which installation, improvement, obs1ruction or excavation was made or left in, under or upon such street, sidewalk, alley or public place by said company, its agents, contractors or employees, upon being notified in writing by said city of such action or proceeding, said company shall appear and make proper defense thereto; and if any judgement or decree shall in any such case be rendered against the City therein, said company hereby agrees to assume, pay and satisfy such judgment or decree with the costs thereof, Section 16. Nonassi.nment. No sale, assignment or lease of this franchise shall be effective unûl it is approved by the city coWlcil and until the company has filed in the office of the city clerk written notice of the proposed sale, transfer, disposition or assignment. such notice to clearly summarize the proposed procedure and the ærms and couditions thereof. Such approval by the city shall not be unreasonably withbeld. The proposed vendor, assignee or lessee shall Regular Session, October 4,1993 380 similarly file an ins1rument. duly executed, reciting sncb proposal, accepting the tem1J of this franchise and agreeing to perform all the conditioos thereof. This proviaion shall not apply, however, to sales, assignment. or transfers made pursuant to a corporate reorganization, divestiture, or consolidation, or to a sale of all or aubslanûally all of the electric distribution properties of Interstate Power Company. Section 17, 1'orfeiture of Prsnchise. The violatioo of any material pnrtion of this franchise by the company or its successors or assigns, or its failure prompdy to perform any of the provisioos of this franchise shall be cause for forfeiture of this franchise and the ærmination of all rights thereunder. Such forfeiture shall be accomplished by ordinance of the city afær written notice by the city manager to the company and a continuation of the violation, failure or default specified in the notice for at least thirty (30) days from the date the notice was served. Section 18. Sevetabilitv. If any section or provision of this ordinance is held invalid by a court of competent jurisdiction, snch holding shall not affect the validity of any other provisions of this ordinance which can be given effect without the invalid pnrtion or pnrtions and to Ibis end each section and provisioo of this ordinance is sevetable. Section 19. Revival. The parries recognize that over the duration of this francbise both technological and regulatory cbanges will lake place which will impact the enforceability of this ordinance or parts of it. In recognition of such factors the parries agree that in the event pnrtions of this ordinance which are now, or in the future, are found or declared inapplicable or unenforceable, become through a subsequent cbange in law or technology again to be applicable or enforceable, such provisions sball be revived and again form a pnrtion of this ordinance, Section 20. Cure of Defaults. If either party determines there is a default under this franchise the other party shall be given written notice describing the default in delail, whether a forfeiture or termination of the franchise will be sought and wbere curable a reasonable time to cure the default which sball not be less than 30 nor more than 180 days. Reservation of Home Rule ordinance is intended to be construed as consistent with the reservation oflncal authority conlained in the Twenty Pifth Amendment to the Iowa Constitution granting municipalities home rule powers. To such end any limilation on the power of the city is to be stricdy construed and the city reserves to itself the right to exercise all power and authority to regulate and control its Incal affairs and all ordinances and regulations of the city shall be enforceable against the company unless, and ooIy to the extent. they are irreconcilable with any rights granted the company under this ordinance. Section 22 ACQuisition at Expiration. If at the ex¡Uation of this franchiae the company wishes to ahandon the electric service system within the city and su~ect to any approval required by Slatute, the company shall upon the city's request, given not earlier than 180 days before expiration of more than 90 days after, sell the eIeclric distribution sysæm to the city at a price determined by a mutually agreeable appraiser, or if the parries cannot with 60 days of notice agree upon an appraiser, then they shall each appoint an appraiser and the appraisers shall appoint a third, the price shall then be the price the appraisers agree upon, or if they do not agree within 60 days of being appointed, the price shall be the average of the two appraisals which are closest in dollar amount. This provision shall not apply, however, to sales. assignment. or transfers made pursuant to a corporate reorganization, divestiture, or consolidation, or to a sale of all or subslantially all of the electric distribution properties of Interstate Power Company. Section 23. Pranchise Pee. Tbe City CoWlcil may, in its discretion after a public hearing and upnu an affirmative vote of all of the members of CoWlcil, impose a franchise fee not to exceed 3% of the gross revenue of the company generated &om the sale of eleclricity within the city; provided, however, that the fee shall not be effec~ve against the company Wlless and un~l the City imposes a fee or laX of the same perœnlage on the gross revenue of sales of energy within the City by all other energy suppliers with which the City has an effective franchise agreement allowing such fee. Any such franchise Iree imposed shall be a direct charge to customers as required by the Iowa Utilities Board. Section 24. Adoption. Tbis ordinance following its passage, its ratification by a majorily of the qualified voters of the city, voting at an election called for the purpose of voting thereon, and its publiearion by law provided, shall become effective upon its acceplance by the company and shall effectively supersede and cancel ordinance no. 57-68, being the prior electric franchise held by the company. 381 Regular Session, October 4,1993 Passed, opproved and adopted thil 4th day ofOctober,I993. James E. Brady Mayor Attelt: Mary A Davis City Clerk Publisbed officially in the Telegraph Herald newspaper this 15th day of O<;tober, 1993. It 10/15 Mary A. Davis CMC City Clerk CoWlcil Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Carried by the following vow: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays-Council Member Nagle. RESOLUTION NO. 307.93 RESOLUTION CALLING A SPECIAL CITY ELECTION ON THE QUESTION OF APPROVING A FRANCHISE TO INTERSTATE POWER COMPANY, A DELAWARE CORPORATION, FOR AN ELECTRICAL SYSTEM FOR A PERIOD OF TWENTY. FIVE YEARS. WHEREAS, the City Council of the City of Dubuque has this day adopted Ordinance No. 58-93, an Ordinance granting to Interstate Power Company, a Delaware COIJ>O"aIÌon, a non-exclusive authority for a period of twenty-five (25) years to maintain and operate its existing eleclrical system and construct exænsions thereto within the limits of the City of Dubuque, subject to the approval of the voters of the City of Dubuque at a special election; and WHEREAS, Iowa Code Section 364.2(4) (b) provides that no Oniinance granting a franchise shall become effective unless approved at an election; and WHEREAS, Iowa Code Section 364.2(4) (c) requires that notice of such election be given by publication as prescribed in Iowa Code Section 49.53 in a newspaper of general circulation in the City; and WHEREAS, the Dubuque Telegraph Herald is a legal newspsper printed wholly in the English language, as defined by Iowa Code Section 618.3 and is publisbed in the City of Dubuque and is of general circulation therein; NOW THEREfORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OP DUBUQUE, IOWA: Section I. That there is hereby called a special City election on Tuesday, the 7th day of December, 1993, at wbich election there shall be submitted to the qualified electors of said City the following question, to-wit: Sball Interslate Power Company, a Delaware Corpnrsrion, its successors and assigns, be granted a non-exclusive authority for a period of twenty-five (25) years to maintain and operate ila existing electrical sysæm and construCt exænsions thereto within the limits of the City of Dubuque, Iowa, inclnding any territŒy which may be annexed thereto during the term of this franchise to the extent any such terlÍtŒy is within the exclnsive service territŒy of the company under Iowa Code chapter 476 (or its snccessor), and inclnding the right to erect and maintain all necessury facilities and equipment in, under, upon, over. across and along the shUts, alleys, bridges and other similar public places within the City for the production, transmission, distribution and sale of electric power, and prescribing terms and conditions under which the company is to operate, as set forth in Ordinance No. 58093, adopted by the City Council of the City of Dubuque on October 4, 19931 Section 2. That the voting place or places for slid election and the hours the polls sball be opened and closed shall be as set out in the notice of election, slid notice to be prepared and approved by the County Commissioner of Elections. Section 3. That the form of ballot to be used at slid election shall be of the type authorized by the Code of Iowa that will permit the use of electronic counters and will be in subslantially the form set forth in the Notice of Election. Tbat. if more than one public measure shall be submitted to the electors at the time of the slid election, all such measures shall be printed upon one ballot. Section 4. That the Election Board for the voting precincI or precincts shall be appninæd by the County Commissioner of Elections, not less than 15 days before the date of said election, a certified copy of wbich appoinbnent shall be officially placed on file in the office of the Clerk of said City. Section 5. ThattbeAuditorofDubuque County, Iowa, being tbe County Commissiouer of Elections, is hereby directed to publish the notice of election once in the Dubuque Telegraph Herald, being a legal newspsper, printed wholly in the English language, as defined by Section 618.3 of the Code oflowa, published in said City and of general circulation therein, said publication to be not less than four clear days nor more than twenty days prior to the date of said election. Section 6. That the County Commissiuner of Elections shall cause to be Regular Session, October 4, 1993 382 prepared all such balloll and election registers and other supplies II may be necesaary for the proper and legal conduct of said elecdon. Tbe Clerk is hereby authorized and directed to cooperate with said Commissioner of Elections and to do and prepare all necesaary matters in onier to make said election legal and valid. Seeûon 7. That the Clerk is hereby directed to file a certified copy of this Resolution in the office of the COmIty Commissioner of Elections, whicb filing shall also coostib1te the "written notice" to the County Commissioner of Elections of the election date required to be given by the governing body WIder the provisions of Chapter 47 of the Code of Iowa. Passed and approved, this 4th day of October, 1993. James E. Brady Mayor Attest: Mury A. Davis City Clerk CoWlcil Member Kluesner moved adoption of the Resolution. Seconded by CoWlcii Member Nicholson. Carried by the following vote: Yeas-Mayor Brady. Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays-CoWlcil Member Nagle. Commnnication of City Manager advising of tbe Housing Commission's recommendation to appoint Ruth Clark from Housing Commission to the Housing Commission Trust Pund Committee, presented and read. Council Member Krieg moved that the communication be received and filed aud appninbnent approved. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voelberg. Nays-None. COIUlcil recessed at 9:01 p.m.; Council reconvened at 9:15 p.m Communication of Attorney David Setter, on bebalf of Prod Becker, requesting direction &om the Council as to preference of access for Castle Ridge Eslates final plat (from Kane Street or Kaufmann Avenue), said matter deferred &om meeting of 9020- 93, presented and read. CoWlcii Member Kluesuer moved that the communication be received and filed. Secooded° by Council Member Nicholson. Carried by the following vow: Yeas-Mayor Brady, CoWlcii Members Klnesner, Krieg, Nagle Nicholson, Robbins, Voethecg. Nays-None. CommWlication of Cliff Winner, 1077 Kaufmann Ave., slating that the Kaufmann Ave. access is near a vel)' dangerous curve, commWlicadon of Leslie Neyens of 850 Kane St. slating the Kane Street access is vel)' dangerous, and perition &om Kane St. and N. Grandview Ave. residents o~ecting to most recent houaing development pmpnsal as presented, presented and read. Council Member Kluesner moved that the commnnicadons be received and filed. Seconded by CoWlcil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Attorney David Setter, representing Pred Becker, spoke, slating Kane St. is much betær access. Warner Wright of IIW Engineers, slated trenches could be sawn out for water and sewer lines. Cliff Winner, 1077 Kaufmann, against Kaufmann access. Sue Dillon. 960 Kane St., objected to project slating neighbors will have to foot additional costs. Mayor Btady moved to lable this matter and refer to the Legal Slaff. Seconded by CoWlcil Member Kluesner. Carried by the following vow: Yeas-Mayor Brady, CoWlcil Members Kluesner, Nagle, Robbins, Voetberg. Nays-Ümncil Members Krieg, Nicholson. Petition of Eldon Pfobl requesting to address the Council regarding "Secret Duhoque Government and Definition of Racism", presented and read. Council Member Nicholson moved that the petition be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Klnesner, Krieg. Nagle Nicholson, Robbins, Voetberg. Nays-None. Eldon Pfohl, 2501 Windsor. read comments. Communication of City Manager updating CoWlcil on the State of Iowa (Fiber Optic) CommWlications Network, presented and read. Council Member Robbins moved that the communication be received and filed. Seconded by CoWlcii Member Nicholson. Carried by tbe following vote: Yeas-Mayor Brady, Council Members Kluesner. Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager requesting authorization to execute a Grant Application with the U. S. Department of Justice for the purpose of hiring 7 police 383 Regular Session, October 4,1993 officers, presented and read. Counci\ Member Nagle moved that the conmunication 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. 308.93 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE u.s. DEPARTMENT OF JUSTICE FOR THE PURPOSE OF PROVIDING FUNDS AWARDED IN THE POLICE HIRING SUPPLEMENT PROGRAM Wbereas, the Dubuque Police Department bas applied for a federal grant &om the U.S. Department of Justice to secure fWlding for additional police officers thmugh the Police Hiring Supplemental Pmgrsm; and Wbereas, the need for more police officers in the community is real; and Wbereas, this grant will support a community policing style in the City of Dubuque; and NOW THEREfORE, BE IT RESOLVED BY THE CITY COUNCIL OP TIlE CITY OP DUBUQUE,IOWA: Section 1. That the City Manager be authorized to execute the grant application and required documentation for the Police Hiring Supplement Program Grant &om the U.S. Department of Justice for funding additional officers for the City of Dubuque. Passed, approved and adopted this 4th day of O<;tober, 1993. James E. Brady Mayor Attest: Mury A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Secooded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg' Nays-None. Communication of Cily Manager recommending selection of UGC as consultant to provide services related to the development of a City wide Geographic Information System (GIS) for the City, preaented and read. Council Member Krieg moved that the communication be received and rued and recommendation approved. Seconded by CoWlcil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Conncil Members Kluesner, Krieg, Nagle Nicbolson, Robbins, Voetherg. Nays-None. Communication of City Manager requesting authorization to execute a conlIact for engineering services to design a pwnp station and distribution improvements for the fourth pressure zone. presented and read. Council Member Voetherg moved that the communication be received and filed, Seconded by CoWlcii Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 309-93 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH FOX ENGINEERING FOR THE PURPOSE OF PROVIDING ENGINEERING DESIGN SERVICES FOR THE DESIGN OF A PUMP STATION AND DISTRIBUTION IMPROVEMENTS FOR THE FOURTH DISTRIBUTION SYSTEM. Wbereas, Pox Engineering bas submitted to the City an agreement to conduct design services for the design of a pump slation and distribution improvements for the fuorth dislribution sysæm in the amount of $37,700; and Wbereas, funds have been legally appropriated for this expenditure. NOW THEREPORE, BE IT RESOLVED BY THE CITY COUNCIL OP TIlE CITY OF DUBUQUE,IOWA: Section 1. That the City Manager be authorized to execute the agreement for engineering services with Pox Engineering, dated October 4, 1993, for the Pourth Distribution System Improvements. Passed, approved and adopted this 4th day of O<;tober, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by CoWlcil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, CoWlcil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nays-Nooe. Communication of City Manager recommending purchase of property &om Dubuque Community School District located north of the intersection of JPK Road and the Northwest Arterial in order to coustJUct Regular Session, October 4, 1993 a Water Tower, presented and read. CoWlcil Member Kluesner moved that the commnnication 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. RESOLUTION NO, 310.93 RESOLUTION APPROVING AN OFFER TO BUY REAL ESTATE FROM THE DUBUQUE COMMUNITY SCHOOL DISTRICT FOR A WATER STORAGE TANK Wbereas, the City uf Dubuque, Iowa operates a public water system for the benefit of ila citizens; and Wbereas, the City desires to extend and improve this public water system and has determined that an elevaJed water storsge Iaak should be located on property now owtted by the Dubuque Community Scbool Distric~ and Wbereas, the City CoWlcil has directed the City Manager to negotiate the terms of a purchase of said property Ilom the Dubuque Commnnity School Distric~ and Wbereas, the City Manager has so negotiated and the Dubuque Commuuity School District has approved, su~ect to City CoWlcil approval, an Offer to Buy Rcal Es_, a copy of which is atlacbed hereto and made a part hereof. NOW, TIlEREPORE, BE IT RESOLVED BY TIlE CITY COUNCIL OP TIlE CITY OP DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the Offer to Buy Real Es- and Acceptance for the following described property: Lot I of Lot 3 of Lot I of Helen E. and Mary H. Stewart Subdivision in the City of Dubuque, Dubuque County, Iowa; a twenty-four (24) foot wide acoess easement: and a slope easement as shown on the plat atlaChed to the offer. Section 2. That the City Manager is hereby authorized and empowered to take such other action as may be appropriate to consummate the transaction with the Dubuque Commnnity School District as contemplated by the real eslate offer and acceptance. Passed, approved and adopted this 4th day of O<;tober, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoptioo of the Resolution. Seconded by CoWlcil Member Nagle. Carried by the following vow: Yeas-Mayor Brady, CoWlcil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nays-None. Communication of City Manager advising of flood assistance given to the City of Coralville, Iowa, presented and read. CoWlcil Member Voetberg moved that the communication be received and fitcd. 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. 311.93 NOW, TlIEREPORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OP DUBUQUE,IOWA: That the following having complied with the provisions of law relating to the saie of Cigarettes within the City of Dubuque, Iowa, be granJed a permit to sell Cigarettes and Cigarette Papers within said City. Eoropa Haus Restaurant & Bierstube Ltd. Eoropa Haus Rest. & Bierstube 1301 Rhomberg Passed, approved and adopted this 4th day of O<;tober, 1993. James E, Brady Mayor Attest: Mury A. Davis City Clerk CoWlcil Member Kluesner moved adoption of the Resolution. Seconded by CoWlcil Member Nicholson. Carried by the following vow: Yeas-Mayor Brady, CoWlcil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nays-Nooe. RESOLUTION NO. 312.93 Wbereas, applications for Beer Permits have been sulxnitted and filed to this Council for approval and the same have been examined and approved; and Wbereas, the premises to be occupied by such applicants were inspecJed and found to comply with the Oniinances of this City and have filed proper honds. NOW, THEREPORE, BE IT RESOLVED BY THE CITY COUNCIL OP TIlE CITY OP DUBUQUE, IOWA: That the Manager be authorized to canse to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Kepple's Market. Inc. Kepple's Market Sunday Sales 1098 University 384 385 Regular Session, October 4, 1993 Passed, approved and adopted this 4th day ofO<;tober,I993. James E. Brady Mayor Attost: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution, Seoooded by CoWlcil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, CoWlcil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION NO. 313-93 Wbereas, applications for liquor licenses have been submitted '" Ibis CoWlcil for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and foWld to comply with the Slate Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCn.. OP THE CITY OP DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a LIquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE J.J,D., Inc. Diggers Sunday Sales 660 Iowa St. Europa Hans Rest. & Blerstube, Inc. Europa Hans Rest. & Blerstube 1301 Rhomberg Sun's COIp. Yen Ching Restaursnt 926 Main St. Passed, approved and adopæd this 4th dayofO<;tober, 1993. James E. Brady Mayor Sun's COIp. Attest: Mury A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicbolson. Carried by the following vote: Yeas-Mayor Brady, CoWlcil Membe.. Kluesner, Krieg, Nagle Nlcbolson, Robbins, Voetherg. Nays-None. MINUTES SUBMITI'ED -- Citizens with Disabilities Parking Review Committee of9- 14; Electrical Code Board of 9-20; Housing Commission of 9-14; Human Rights Commission of 8-9; LIbrary Board of 9-23; Leng Range PlanlÙng Commission of 9-15; Plumbing Board of 9-7, presented and read. CoWlcil Member Voetberg moved that the minutes be received aud filed. Seconded by CoWlcil Member Nagle. Carried by the following vow: Yeas-Mayor Brady. CoWlcil Members Kluesuer, Krieg, Nagle Nicbo1soo, Robbins, Voetherg. Nays-None. Investment Oversight Committee submitting their quarli>rIy report. presented and read. Council Member Voetberg moved that the report be received and filed, Seoooded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg' Nays-None. NOTICES OP CLAIMS/SUITS -- David Arias in est. amt. of $517.94 for vehicle damages, TIm Hosier in ooknown amoWlI for backed up sewer damages; Mary Jane Lynch In arncunt of $334.43 for vehicle damages; Nancy Leu Neal In amount of $500.00 for personal Injuries; Lucille Schmeder in unknown amount for personal injuries, presenæd and read. Council Member Voelberg moved that the claims and suits be received and filed and referred to the Legal Staff for investigation and report. Seconded by Council Member Nagle. Carried by tbe following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. CommWlications of Corporation Counsel advising the following claims have been referred to Crawford & Company, the agent for the Iowa Communities Assursnce Pool: Personal injury of Virginia M. Heury; Personal injury of Mauhew Hoscb; Personal Injury of Shirlee A. Hubanks; Personal injury of Helen Kalloway; Property damage of Karen Kumbera-Allen; Personal injury of Sally Ann Meyer, Sewer backup of Jobn C. Sabers; Car damage of R. R. Steinhoff, presented and read. Council Member Voetberg moved that the commWlications be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady,. CoWlcil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Conunnnicatiou of Corporation Counsel recommending denial of sewer backup claim of Tom Jack, presented and read. Council Member Voelberg moved that the commWllcation be received and filed and denial approved. Secooded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg, Nays-None. Regular Session, October 4,1993 Communication of Cotpnradon Counsel advising claim of Milton A. Boyes for "Leos of Comp- Information- has been admilÙ_ve\y closed, preaented and read. CoWlcil Member Voetberg moved that the communication be received and filed. Seoooded by the Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. REPUNDS REQUESTED -- Ted McAndrew, $75.00 on unexpired Cigarette license, presented and read. CoW1cil Member Voetberg moved that the refunds be approved and Pinance Direclol' to issue proper check. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. CommWllcation of Bill Hilvers submitting resignation &om Keylioe Transit Advisory Board effective November 1,1993,presented and read. CoWlcil Member Voetberg moved that the communication be received and filed and accepted with regret. Seconded by CoWlcil Member Nagle. Carried by the following vow: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nlcho1soo, Robbins, Voetherg. Nays-None. Communication of Karla Braig, Chairperson of Human Rights Commission requesting Council refrain &om ma1ring an appnlnbnent at this time to fill the vacancy created by Robert Spagnola's resignation, presented and read. Council Member Voetberg moved that the communication be received and filed and delay approved. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager recommending acceplance of conveyance of property at 721 Davis Street. presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. 386 RESOLUTION No. 314.93 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPER'IY LOCATED AT 721 DAVIS STREET, DUBUQUE, lOW A, TO THE CITY OF DUBUQUE. Whereas, the City of Dubuque has sgreed to purchase the following legally-described real property: Let One HWldred Two (102), except the Westerly Seven Peet (W7') thereof, and the West ThIrty-Pive (W35') of O'Neill's Riverview In the City of Dubuque In the COmIty of Dubuque, Iowa, according to the recorded plat thereof; &om Helen Webstm; and Wbereas, the owner has prepared a Warranty Deed naming the City of Dubuque, Iowa, as holder of all rights, title and interests In said property. NOW, THEREfORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OF DUBUQUE,IOWA: Section 1. The City Council of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed &om Helen Webster as required by Iowa Code Section 569.7. Section 2. The City Clerk be and she is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Duboque County Recorder, together with certified copy of this Resolution. Section 3. That the City Clerk be and she is hereby dlrecæd to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 4th day of O<;tober, 1993. James E. Brady Mayor Attest: Mury A. Davis City Clerk CoWlcil Member Voetberg moved adoption of the Resoludon. Seconded by Council Member Nagle. Carried by the following vow: Yeas-Mayor Brady, CoWlcil Members Klnesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager recommending acceplance of conveyance of property at 692 University Ave., presented and read.a Council Member Voetberg moved that the communicatioo be received and filed. Secouded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Regular Session, October 4, 1993 RESOLUTION NO. 31'.93 ADOPTING SUPPLEMENT NO. 15 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Wbereas, under date of July 17, 1989, the City Council, pursuant to Ordinance No. 340 89, readopted the Code of Ordinances of the City of Dubuque, Iowa for oniinances adopted up to and including December 19, 1988; and Wbereas, since December 19, 1988 the City CoWlcil of the City of Dubuque, Iowa bas adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Oniinances; and Wbereas, Section 380.8 of the Code of Ordinances provides that supplements, by resolution, beenme part of the Code of Ordinances. NOW THEREfORE, BE IT RESOLVED BY THE CITY COUNCIL OP TIlE CITY OP DUBUQUE,IOWA: Section \. That Supplement No. 15 of the Cnde of Ordinances. of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 34-93 enacted through JWle 21, 1993 and prepared by the Municipal Code Corpnrstion, Tallahassee, Plorida, hereto fded in the Office of the Cily Clerk of the City of Dubuque, Iowa be and iB hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of O<;tober, 1993. James E. Brady Mayor 387 RESOLUTION No. 315.93 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY LOCATED AT 81 UNIVERSITY AVENUE, DUBUQUE, lOW A, TO THE CITY OF DUBUQUE. Wbereas, the City ofDubuque bas agreed I to purchase the following legally-described real property: The Easterly Twenty-Nine Feet and One Inch (E29'1 ") of Lot Nine (9) in "Plat of Town Lots the property of Prancis Kelly Dubuque, Iowa" (commonly know as Kelly's SubdiviBion) in the City of Dubuque in the Coonty of Dubuque, Iowa. according to the recorded plat thereof; &om Robert J. Knupp; and Wbereas, the owner bas prepared a Warranty Deed naming the City of Dobuque, Iowa. as holder of all rights, tide and interests in said property. NOW, TIIEREPORE, BE IT RESOLVED BY THE CITY COUNCIL OP TIlE CITY OP DUBUQUE,IOWA: Section \. The City Council of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed &om Robert 1. Knupp as required by Iowa Code Section 569.7. Section 2. The City Clerk be and she is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of this Resolutioo. Seeûon 3. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 4th day of O<;tober, 1993. James E. Brady Mayor Attest: Mury A. Davis City Clerk CoWlcil Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, CoWlcil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nays-None. Communication of City Manager recommending adoption of Supplement No. 15 to the City Code of Ordinauces, presented and read. CoWlcil Member Voetberg moved that the commnnication be received aud filed. Seconded by CoWlcil Member Nagle. Carried by Ihe following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg. Nagle Nicholson, Robbins, Voetberg' Nays-None. Attest: Mary A, Davis CMC City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by CoWlcil Member Nagle. Carried by the following vow: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetherg. Nays-None. Commnnication of City Manager advising of approval of final plat for Lots 1-9 inclusive of Plynn ESlates, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by Ihe following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Regular Session, October 4, 1993 RESOLUTION NO. 317.93 A RESOLUTION APPROVING THE FINAL PLAT OF FLYNN ESTATES IN DUBUQUE COUNTY, IOWA. Wbereas, there bas been filed with the City Clcek a final plat of Plynn Eslates in Dubuque County, Iowa; and Wbereas, upon said final plat appesr streets to be known as Dixie Drive and Micbael Drive; and Whereas, said preliminary plat has been examined by the City Zoning Commission and had its approval endorsed; and Wbereas, said final plat bu been examined by the City Council of the City of Dubuque and they find that it conforms to the preliminary plat. except that drive grades have not been eslablished, the drive hronght to grade or paving installed. NOW, THEREfORE, BE IT RESOLVED BY THE CITY COUNCIL OP TIlE CITY OP DUBUQUE,IOWA: Section 1. That the easements for public utilities as they appear upon said final plat be and the same are hereby accepted; and Section 2, That the plat of Plynn Eslates in Dubuque COmIty, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon soid final pial provided the owners of soid property herein named, execute their written acceplance hereto attached agreeing: a. To reduce buth streets to grade and to hard surface Dixie Drive and Michael Drive with bituminous concrete or with concrew paving, aU in accordance with the approved plans on file in the Office of the City Engineer, City of Dubuque, Iowa. b. To provide the foregoing construction and maintenance to allow said improvements at the sole expense of the owner, B. R. Plynn Company, Inc., or the successors as assigned. c. To provide a cenlral waswwater system in accordance with Iowa Department of Nat- ural Resources specifications with service laterals to each lot. d. To provide water service in accordance with Dubuque County specifications with service laterals to each lot. e. To provide for continuous maintenance of the private roadways, wastewater syswm and water syswm by the Plynn Eslates Homeowners Association. f. To construct soid improvements within two years from the date of acceplance of this resolution by the City of Dubuque, Iowa. Section 3. And further provided that said B. R. Plynn Co., Inc., as owners of said 388 property, shall secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceplable to the City Manager of the City of Dubuque, Iowa. Seeûon 4. Tho! in the event B. R. Plynn Co., Inc., shall fail to execute the acceplance and furnish the security provided in Section 3 hereof within forty-five (45) days after the date of the Resolution, the provisions hereof shall be null and void and approval the plat shall not be effective. Passed, approved and adopted this 4th day of O<;tober, 1993. James E. Brady Mayor Attest: Mary A Davis City Clerk ACCEPTANCE OP RESOLUTION NO. 317-93 I, the Wldersigned, Bruce R. Plynn, President of B. R. Plynn Co., Inc., having read the tenDS and conditions of the Resolution No. 317-93 and being familiar with the conditions thereof, hereby accept this same and agree to the cooditions required therein. Dated in Dubuque, Iowa this 22nd day of October, 1993. By Isl Bruce R. Plynn, President B. R. Plynn Co., Inc. CoWlcil Member Voetberg moved adoption of the Resolution. Seconded by CoWlcil Member Nagle. Carried by the following vow: Yeas-Mayor Brady, CoWlcil Members Kluesner, Krieg. Nagle Nicholson, Robbins, Voetherg. Nays--None. Communication of City Manager submitting an update on flood damage and cost recovery efforts, presented and read. CoWlcil Member Voetberg moved that the commnnicadon 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. CommWlication of City Manager recommending designation of Dan Nicholson u voting delegaw for National League of Cities meeting to be held December 2-5, 1993, presented and read. CoWlcil Member Voetberg moved that the commnnicadon be received and filed and designation approved. Secooded by CoWlcil Member Nagle. Carried by the following vote: Yeas-Mayor Brady, CoWlcil Members Kluesner, Krieg, Nagle Nicholson. Robbins, Voetberg. Nays-None. 389 Regular Session, October 4,1993 Commnnication of City Manager submitting Piaca\ Year 1993 Street Pinance Report, paented and reael. Council Member Voetberg moved that d1e coomunlcation be received and filed. Seeonded by CoWlcil Member Nagle. Carried by the following vote: Yeas-Mayor Brady, CoWlcil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. RESOLUTION No. 318.93 RESOLUTION APPROVING THE CITY OF DUBUQUE FISCAL YEAR 1993 STREET FINANCE REPORT NOW, THEREPORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OF DUBUQUE. IOWA: Section 1. That the Street Pinance Report for the period July I, 1992 through June 30, 1993 be and the same is hereby approved and that the City Clerk is bereby authorized and directed to file said repcxt with the Iowa Department of Transporlation. Passed, approved and adopted this 4th day of O<;tober, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk CoWlcil Member Voetberg moved adoption of the Resolution. Seconded by CoWlcil Member Nagle. Carried by the following vote: Yeas-Mayor Brady, CoWlcil Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Communication of City Manager requesting pnrcbase of copy machine for Police Department on a cost share basis with County Sberifrs Dept., presented and read. Council Member Voetberg moved that the commnnication be received and filed communication and request approved. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady. Council Members Kluesner, Krieg, Nagle Nicbolson, Robbins, Voetberg. Nays-None. At 10:41 p,m Council Member Nagle moved to go into Closed Session, In accordance with Chapter 21.5 (I) (j) to discnss the purchase of particular real eslate where premature disclosure could be reasonably expected to Increase the price the governmental body would have to pay for that property. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-No"". At 11:14 p.m. Council recoovened stating that direction had been given to staff. There being no further business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle Nicholson, Robbins, Voetberg. Nays-None. Meeting adjoorucd at 11:15 p.m ~ ~ iiI j7 . ~YI /Î?, tludD)fß¡)" ~ræ;¡ City Clerk Board of Health, October 18, 1993 Approved )Jtlt .-;2.) Adopted !JJÚ¿J ¿ "--"). / C r 7/ 1 - CITY OF DUBUQUE BOARD OF HEALTH QUARTERLY MEETING Quarterly Meeting O<;tober 18, 1993 Board Met at 7:25 p.m, Public library Auditorium Present: Chaisperson Brady, Boord Members Klueaner, Nagle, Nicholsoo, / Robbins, Voetberg. Absent: Board Member Krieg. '- Chairperlon Brady read the call and slated this Is the Quarterly Board of Health Meeting called for the purpose to act upon such business whicb may properly come before the Board. Communication of Dubuque COmIty Supervisors regarding the need for a facility in Dubuque County for testing and treatment for males with sexually tnmsmitted diseases, paented and read. Board Member Voetberg moved that the commnnicaûon be received and filed. Seconded by Board Member Robbins. Carried by the following vote: Yeas-Chairpersoo Brady, Council Members Kluesner, Nagle Nicholson, Robbins, Voetberg. Nays-None. Absent-Boord Member Krieg. Communication of City Manager recommending City work with the County to develop FY'95 Budget proposal for project. paented and read. Board Member Voetberg moved that the communication be received and filed and refened to the City Manager fer badget propnoal. Seconded by Board Member Robbins. Carried by the following vote: Yeas-Cbairperson Brady, Board Members Kluesner, Nagle Nicholson, Robbins, Voetberg. Nays-None. Absent-Boord Member Krieg. There being no further business, Board Member Nicholson moved to adjourn the meeting. Seconded by Board Member Nagle. Carried by d1e following vote: Yeas-Chaisperson Brady, Board Members Kluesner. Nagle Nicholson, Robbins, Voetberg. Nays-None. Absent-Boord Member Krieg. Meeting adjoorucd at 7:38 p.m Mury A. Davis Secretary, Board of Health 390 ,1994. ---'------- Board of Health Members Attest: l J, l-;;çL:'Üt )¡¿ !líük6:ih¡/¡/II.! df)¿ ~ecretary, Board ofHcalth rt¡ 391 Regular Session, October 18, 1993 Regular Session, October 18, 1993 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Seasion, O<;tober 18, 1993 CoWlcil Met at 7:39 p.m, Public library Auditorium Present: Mayor Brady, CoWlcil Members Kluesner, Nagle, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Ccrporstion Counsel Barry A. lindab\. Absent: Council Member Krieg. Mayor Brady read the call and slaæd this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the CoWlcil. Invocation was given by Rev. Ronald Sebardt of Wartburg Theological Seminury. PROCLAMATION -- Commending the USS DUBUQUE for its 25 years of service; Expressing appreciation to Colts Drum & Bugle COIps received by Greg Orwell; O<;t. 23-31 as "Red Ribbon Week" received by Joann Weber; Appreciation and Congratulation to Dubuque Pighting Saints Hockey Team CoWlcil Member Voetberg moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by CoWlcil Member Nicholson. Carried by tbe following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. Commnnication of Eldon Pfobl requesting to again address the Council on legality of open meetings, presented and read. Council Member Nicholson moved that the communication be received and filed. Seconded by Council Member Robbins. Carried by tbe following vote: Yeas-Mayor Brady, Council Members Kloesner, Nagle, Nicholson, Robbins. Nays-Council Member Voetberg. Absent-Council Member Krieg. An Ordinance providing for the amendment of Ordinance No. 31-92 wbich adopted the PC Planned Commercial Dislrict for Wal-Mart Stores, Inc., first reading only given 00 9020, second reading only given on 10-4-93, presented for final action. (OmCIAL PUBLICATION) ORDINANCE NO. 59.93 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE AMENDMENT OF ORDINANCE 31-92 WHICH ORDINANCE ADOPTED THE PC PLANNED COMMERCIAL DISTRICT FOR W AL.MART STORES, INC. e) Signs Signs for this PC Planned Commercial District shall be regulated as follows. I) Wall-mounted aigns: Wal-Mart shall be permitted up to 1,175 square feet of wall-moonted aignsge. Sam's Club shall be permitted up to 790 square feet of wall-mounted aignage. 2) Pree-standing signs: Masimum of two fioo-standing tenant identification signs are allowed per premises with a maximum height of 30 feet and a sign area of 135 square feet each. 3) Directiooal aigns shall be permitted according to the standard C-3 local zoning regulatioos. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Duboque, Iowa. Section 3. That this ordinance shall take effect immediately upon pobllcation and sball not exclude any other provisions as previously eslablisbed by ordinance for Wal- Mart PC Planned Commercial District. Passed, approved and adopted this 18th day ofO<;toher, 1993. Whereas, Wal-Mart Stores, Inc., applicant, bas filed an application for approval of an amended conceptual development plan in aecordauce with provisions of the PUD Planned Unil Development District regulations as sel for in Section 3-5.5 of the Code of Oniinance, Appendix A thereof, of the City of Duboque, Iowa; and Wbereas, the Zoning Commission has beld a public bearing. on said application for an amended conceptual development plan pursuant to required published notice; aud Wbereas, the Zoning Commission has approved said amended conceptual development plan subject to specific couditions and restrictions having foWld that said plan conforms with the review standards applicable to such plans as set forth in Section 3-5.5(0) of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Wbereas, the Zoning Commission recommends the concurrence of the City CoWlcil and approval of said amended conceptual development plan; and Wbereas, the City Council bas received the recommeodation of the Zoning Commission and held its own public hearing on said amended conceptual development plan pursuant to required published notice; and Whereas, the City Council has approved said amended conceptual development plan su~ecl to the same specific conditions and restrictions. NOW THEREfORE, BE IT ORDAINED BY THE CITY COUNCIL OP TIlE CITY OP DUBUQUE, IOWA: Section 1. That Ordinance No. 31-92 be amended by repealing Section 3(e) in regard to sign regulations and eslablishing a new Section 3(e) in lieu thereof, as follows: James E, Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OP ORDINANCE NO.59-93 I, John Grimes, Rcal Eslaw Manager for Wal-Mart Stores, Inc., having read the tenns and conditions of the foregoing Ordinance No. 59-93 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 29th day of October, 1993. By Isl John Grimes, Rcal Eslate Manager Wal-Mart Stores, Inc. Published officially in the Tekgraph Herald newspaper this 15th day of November, 1993. It 11/15 Mury A. Davis CMC City Clerk CoWlcil Member Kluesner moved that this be the third reading of dIe Oniinance and moved final adoption of the Oniinance. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nicbolson, Voelberg. Nays-CoWlcil Members Nagle, Robbins. Absent-Council Member Krieg, Commnnication of City Manager recommending coOlpletion of public improvements in Arbor Oaks Subdivision and requesting Council approval, presenæd and read. CoWlcil Member Kluesner moved that the communication be received and filed and çproved recommendation to consider proposed settlement of Mr. Schwers to accept three lots and çprove agreement (dated 10-18-93). Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. Communication of City Manager recommending approval of amendments to agreements between the City and DRA and between DRA and GDREC, presented and read. Council Member Robbins moved that the communication be received and filed. Seconded by CoWlcil Member Nicholson, Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. RESOLUTION NO. 319.93 RESOLUTION APPROVING SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE RACING ASSOCIATION, LTD., AND CONSENTING TO TIlE TERMS AND PROVISIONS OF A SUBLEASE AGREEMENT BETWEEN THE DUBUQUE RACING ASSOCIATION, L TD AND GREATER DUBUQUE RIVERBOAT ENTERTAINMENT COMPANY, LC. Wbereas, the City of Duhoque, Iowa (City) and Dubuque Racing Association, Ltd. (Association) entered into a written Lease Agreement on Pebmury 28, 1990, which Lease Agreement was amended on July 23, 1990; and Wbereas, by reason of the termination effective April I, 1993 of the riverboat gambling Opersûng Agreemenl between the Association and the Dubuque Casino Belle, Inc. and the entering into of a new Operating Agreement between the Association and the Greater Dubuque Riverboat Entertainment Company, L.C. (GDREC), it is necessary to further amend cerIain provisions of the Lease Agreement: and Wbereas, Associa60n now desires, pursuant to the Lease Agreement. to sublease certain property to GDREC pursuant to a Sublease Agreement. NOW, TllEREPORE, BE IT RESOLVED BY THE CITY COUNCIL OP TIlE CITY OPDUBUQUE,IOWA: 392 393 Regular Session, October 18, 1993 Regular Session, October 18, 1993 394 Secûon 1. That the Second Amendment to the Lease Agreement between the City and the Associatioo is hereby approved and the Mayor Is authorized and directed to sign the second amendment on behalf of the City. Secûon 2. That the termS and provisions of the Sablease Agreement between the Association and the GDREC are hereby approved and the Mayor is authorized and directed to sign the ounsent to the Sublease Agreement on behalf of the City. Passed, approved and adopted this 18th day of O<;tober, 1993. 2) that the borrower reimburse B.C.1.A. Business Growth, Inc. for all legal expenses In resb'Uctoring the loan, and Wbereas, the Board of Directors of E.C.1.A. Business Growth, Inc. has also approved forgiving the 2% loan restructuring fee, provided that the first twelve monthly payments are received In a timely manner, and Wbereas, it is desirous that the City CoWlcil also approve the request. NOW, THEREPORE, BE IT RESOLVED BY THE CITY COUNCIL OP TIlE CITY OP DUBUQUE,IOWA: Section 1. That E.C.1.A. Business Growth, Inc, Is hereby authorized to resb'Ucture the loan of $122,400 to Dubuque Dala Services &om the City's share of the EDA Revolving Loan Pund. Section 2. That the City Clerk is hereby directed to notify E.C.1.A. Business Growth, Inc. of said authorization by transmitting a certified copy of this resolutiou. Passed, approved aud adopted this 18th day of October, 1993. OF SECTION 32.2Q THEREOF PROVIDING FOR THE PROHmmNG OF PARKING NOW, 11IEREPORE, BE IT ORDAINED BY TIlE CITY COUNCIL OP TIlE CITY OP DUBUQUE, IOWA: Secûon 1. That the Code of Ordinance. of the City of Dubuque, Iowa be amended by deleting Bluff Street &om Subsection (d) of Section 32-262 thereof as fdlows: "~ Prohibited on Desi.nated Streets or Porûons Thereof. (d) No-parking-at-any.time zones designated Bluff Street. both sides, from Dodge Street to Jones Street and from West Ninth Street to West Tenth Stree~ west side, &om Jones Street to West Pirst Stree~ east side, &om West Seventh Street to West Ninth Street Section 2. That the Code of Oniinances of the City of Dubuque, Iowa be amended by adding Bluff S_t to Subsection (d) of Section 32-262 thereof as follows: "Sec. 32-262. on Desi nated zones designated Bluff Street. east side, from Dodge Street to a point 130 feet north of Dodge Street. and &om West Seventh Street to West Ninth Stree~ west side &om Dodge Street to Emmett Stree~ both sides, from West Ninth Street to West Tenth Street. Passed, approved and adopted this 18th day of October, 1993. James E. Brady Mayor Atæst: Mary A Davis CityCieck CoWlcil Member Robbins moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetherg. Nays-Nooe. Absent-Council Member Krieg. Communication of City Manager recommending approval to Resb'Ucture Loan with Dubuque Dala Services, presented and read. CoWlcil Member Kluesner moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesne<, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. James E. Brady Mayor Attest: Mury A Davis City Clerk CoWlcil Member Kluesner moved adoption of the Resolution. Seconded by CoWlcil Member Nagle. Carried by the following vo"': Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetherg. Nays-None. Absent-Council Member Krieg. James E. Brady Mayor RESOLUTION NO. 320.93 RESOLUTION AUTHORIZING E.C.I.A I!USINESS GROWm, INC. TO RESTRUCroRE WAN TO DUBUQUE DATA SERVICES FOR $122,40\1. Communication of City Manager responding to petition for repeal of parkiug reslriction on East side of Bluff Street, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. Attest: Mary A. Davis City Clerk Published officially in the Telt:graph Herald newspaper this 22nd day of October, 1993. It 10/22 Mary A Davis CMC City Clerk Wbereas, the City of Duhoque bas provided a local match to the EDA-RLP loan pool as administered by E.C.1.A. Business Growth, Inc., and Wbereas, Dubuque Dala Services has received a loan from the EDA-RLP loan pool, and Wbereas, the Company has requested the E.C.1.A. Business Growth ,Inc. and the City of Duhoque restructure the $122,400.00 balloon principal payment now due and waive the 2% loan restruCturing fee, and Wbereas, the Board of Directors of E.C.1.A. Business Growth, Inc. has approved the Company's request. provided that: 1) the $122,400 outstanding principal balance be amortized over 7 years at 5% interest rate with even monthly payments of $1,730.00, An Ordinance amending Section 32-262 d) of the City of Oniinances by prohibiting parlring on west side only on Bluff Street &om Dodge Street to Jones Street, presenæd and read. CoWlcil Member Voetberg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Oniinance be considered and voted on for passage at two CoWlcil 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. Carried by the following vo"': Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholsoo, Robbins, Voetherg. Nays-Nooe. Absent-Council Member Krieg. (OFFICIAL PUBLICATION) ORDINANCE NO. 60.93 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING PARTS OF BLUPF STREET FROM SUBSECTION (d) Communication of City Solicitor requesting Cooocil to provide direction to the Legal Department on wbether to proceed or dismiss the pending Petition for Judicial Review regarding litigation involving Thomas Scbmhi1gen, presented and read. CoWlcil Member Voetberg moved that the commnnication be received and filed and direction given to dismiss current petition. Seconded by CoWlcil Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Cooocil Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. Commnnication of City Manager recommending acceplance of the Central Avenue AC.c. Resurfacing Project &om 4th Street to II th Street and &om 20th Street to 32nd St., presented and read. Council Member Nagle moved that tbe commnnication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. RESOLUTION NO. 321-93 ACCEPTING IMPROVEMENT Whereas, the contract for the Central Avenue AC.C. Resurfacing Project from 4th Street to II th Street and from 20th Street to 32nd Street bas been compleæd and the City Manage< bas examined the work and filed his certificate slating that the same bas been compleæd according to the "'rms of the contract. plans and specifications aud recommends it acceplance. NOW THEREPORE, BE IT RESOLVED BY THE CITY COUNCIL OP TIlE CITY OP DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved aud that said improvement be and the same is hereby accepted. BE IT PURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the ountractor &om the Local Option Sales Tax Punds and the Street Construction PWld in arnoWlt equal to the amount of his contract. less any retained peroenlage provided for therein. Passed, approved and adopted this 18th day of Ocmber, 1993. Attest: Mury A Davis City Clerk James E. Brady Mayor 395 Regular Session, October 18, 1993 CoW1cil Member Nagle moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluemer, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. RESOLUTION NO. 321-93 FINAL ESTIMATE Wbereas, the contract for the CenlIal Avenue A.C.C. Resurfacing Project &om 4th S_t to 11th Street and &om 20th Street to 32nd Street has been compleæd and the City Engineer has submitted his final estimate sbowing the cost thereof including the cost of estimates, notices and inspection and aU miscellaneous costs; NOW THEREPORE, BE IT RESOLVED BY THE CITY COUNCil. OP TIffi CITY OP DUBUQUE,IOWA: Seeûon 1. That the cost of said improvement is hereby de"'rmined to be $818,907.65 and the said amount shall be paid from the Local Option Sales Tax Punds and the Streel ConslrUction Pund of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day ofO<;tober, 1993, James E. Brady Mayor Attest: Mary A. Davis City Clerk CoWlcil Member Nagle moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluemer, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. RESOLUTION NO. 323-93 NOW, THEREfORE, BE IT RESOLVED BY THE CITY COUNCil. OP THE CITY OP DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Pspers within ssid City. A.Y. McDonald 4085 McDonald Dr. ARA Services PDL Poods East 16th St. ARA Services Iowa Polato & Produce Honse, Inc. Iowa Polato & Produce House 2600 Dodge St. Wal-Mart * 2004 4200 Dodge St PDL Poods Wal-Mart Stores, Inc. Passed, approved and adopted this 18th day of O<;tober, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk CoWlcil Member Kluesner moved adoption of the Resolution. Seconded by CoWlcil Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson. Robbins, Voetherg. Nays-None. Absent-Cooocil Member Krieg. RESOLUTION NO, 324-93 Wbereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined aud 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 honds. NOW, THEREfORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OP DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" !lEER PERMIT Rigel Corporation Godfathers Pizza Sunday Sales 1575 JPK Rd J & P O'Hara, Inc. Happy Joe's Pizza & Ice Cream Parlor Sunday Sales 855 Century Dr CLASS "C" BEER PERMIT Transport Oil Kwik Stop Pood Mart Sunday Sales 1075 Dodge Mulgrew Oil Cli'.lam 20 Amoco Pood Shop Sunday Sales 2600 Dodge CLASS "BE" BEER PERMIT Eagle food Centers, Inc. Eagle Pood Center 11018 200 S. Locust Sunday Sales Eagle Pood Centers, Inc. Eagle Pood Center *130 Igoo Elm Sunday Sales Eagle Food Centers, Inc. Eagle Pood Center *320 Sunday Sales 2050 JPK Passed, approved and adopted this 18th day of O<;tober. 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk CoWlcil Member Kluesner moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vo"': Yeas-Mayor Brady, Council Members Kluesner, Nagle, Regul8r Session, October 18, 1993 396 Nicholson, Robbins, Voetherg, Nays-None. Absent-Cooocil Member Krieg, RESOLUTION NO. 325-93 Wbereas, applications for Liquor licenses have been submitted to this Council for approval and the same bave been examiued and approved; and Wbereas, the premiaes to be occupIed by such applicants were inspecæd and foood to comply with the Slate Law and all City Ordinances relevant thereto and they bave filed proper honds. NOW, THEREfORE, BE II RESOLVED BY THE CITY COUNCil. OP TIffi CITY OP DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a liquor license. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Dodge House Corp. Dodge House Motel 701 Dodge St CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Dog Gone, Inc. Dog House Lounge Sunday Sales 1646 Asbury Old Shang Nelda L. Bennett Sunday Sales 1091 Main Passed, approved and adopæd this 18th day of October, 1993. James E. Brady Mayor Attest: Mury A. Davis City Clerk CoWlcil Member Kluesner moved adoptioo of the Resolution. Seconded by CoWlcil Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetherg. Nays-None. Absent-Council Member Krieg. CommWlication of Zoning Commission advising of their approval to rewue property in University Park Villa &om R-3 to PUD with a PR designation and approving a Conceptual Development Plan, 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, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg, An Oniinance Amending Zoning Ordinance by reclassifying property located on Pennsylvania A venue East of Lucy Drive &om R-3 Moders'" Density Multi-Pamily Residential District to PUD Planned Unit Development District with a PR Planued Residential District designation and adopting a Conceptual Development Plan, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance and that il be sel for Public Hearing on 11-1-93 at 7:30 p.m in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voethecg. Nays-None. Absent-Cooncil Member Krieg. Communication of Zoning Commission advising of their approval on the definitions of Private Drive and Private Street as provided fer in Cbapter 42 of the Code of Ordinances, presented and read. Council Member Voetberg moved that the commnnication be received and filed. Seconded by Cooncil Member Kluesner. Carried by the following vote: Yeas-Council Members Kluesner, Nicbolson, Voetberg. Nays-Mayor Brady, Council Members Nagle, Robbins. Absent-Council Member Krieg. An Ordinauce Amending Chapter 42, Subdivision Regulations, of the Code of Ordinances by enacting new definitions in Section 4201 for Private Street and Private Drive and amending Section 42020 in regard to regulations for private streets and private drives, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance and that it be set for Hearing on 11-1-93 at 7:30 p.m in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Secooded hy CoWlcil Member Nicbolson. Vote on the motion was as follows: Yeas-Council Members Kluesner, Nicholson, Voetberg. Nays-Mayor Brady, Council Members Nagle, Robbius. Absent-Council Member Krieg. Motion fsiled. CoWlcil Member Voetberg moved that this be considered the first reading of the Ordinance, and that a Public Hearing be held on the Ordinance at the CoWlcil Meeting of 1st day of November, 1993 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-CoWlcil Members Kluesner, Nicholson, Voetberg. Nays-Mayor Brady, Council Members Nagle, Robbins. Absent-Council Member Krieg. Motion failed - no hearing set. 397 Regular Session, October 18, 1993 Communication of City Manager ""locating approval to sell property at 2658 Jacluon St., presented and read. Council Member Voetberg moved that the communication be received and filed. Seoonded by Cou~cil Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholsoo, Robbins, Voetberg. Nays-None. Absent-CoW1cil Member Krieg. RESOLUTION No. 329-93 RESOLUTION OF INmNTION TO DISPOSE OF CITY.OWNED PROPERTY,SPECIPICALLY, THE NORTHERLY ONE.HALF (N 111) OF LOT NUMBER TWO HUNDRED TWENTY .SIX (:uti) IN GLENDALE ADDITION NUMBER THREE (3) IN TIlE CITY OF DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. Wbereas, the City of Dubuque has purchased certain real property for a family participating in the DREAMS Program; Wbereas, the City has received an offer to purchase this property from a qualifying family: and Wbereas, by accepting the selected offer the City's objectives of providing first-time homeownership to a lower-income buyer and rehabilitation of an abandoned home can be realized; NOW, THEREl'ORE, BE IT RESOLVED BY THE CITY COUNCIL OP TIlE CITY OP DUBUQUE, IOWA: Section \. That the City of Dubuque, Iowa, intends to dispose of its interest in the following legally-described property: Tbe Northerly One-half (N 1/2) of Lot Number Two Hundred Twenty-Six (226) in Glendale Addition Number Three (3) in the City of Dubuque, Coonty of Dubuque, Iowa, according to the recorded plat thereof, Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the ahove described real estate to Jennifer A. Hemmer for the sum of $1,590.00. Section 3, That the City Cooncil meet in the Came8ie Stout Public Library Auditorium, 11th and Bluff Streets, Dubeque, Iowa, at 7:30 p.m on the 8th of November, 1993, for the pUIpOSe of holding a public hearing and laking final actioo on the disposition of the above described real eslate in the City of Dubuque, Iowa. Section 4. That the City Cierk be and she is hereby authorized and directed to cause a notice of such poblic bearing and the City Cooocil's intent to dispose of such property to be publisbed as prescribed under Iowa Code Sectioo 364.7. Passed, approved and adopted this 18th day ofO<;mber, 1993. James B. Brady Mayor Attest: Mary A. Uavis City Clerk CoWlcil Member Voetberg moved adoptioo of the Resolutioo and further set it for Public Hearing on 11-1-93 at 7:30 p.m. in the Public library Auditorium and direcl the City Cierk to publish notice in the manner prescribed by law. Seconded by Council Member Robbins. Carried by the following vo"': Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetherg. Nays-None. Absent-Cooocil Member Krieg. Communication of City Manager recommending to vacate Scbiller Street &om lincoln Avenue to High Bluff St., presented and read. CoWlcil Member Kluesner moved that the commnnication be received and filed. Seconded by CoWlcil Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholsoo, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. \ RESOLUTION NO. 326.93 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF SCIIILLER STREET FROM LINCOLN AVENUE TO HIGH BLUFF STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated May 3, 1990, prepased by IIW Engineers & Surveyors, P.C. of Dubuque, Iowa, describing the proposed vacated pnrtion of Scbiller Street &om Lincoln Avenue to High Bluff Street; and Wbereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREl'ORE, BE IT RESOL YED BY THE CITY COUNCIL OP TIlE CITY OP DUBUQUE, IOWA: Section \. That the plat dated May 3, 1990 prepared by IIW Engineers & Surveyors, P.C., relative to the real eslate bereinabove described be and the same is hereby approved, and the Mayor and City Cierk be and they are hereby authorized and directed to execute said plat for aud on behalf of the City of Dubuque, Iowa. Section 2. That the City Cierk be and is hereby authorized and directed to file said plat and certified copy of this resolution in Regular Session, October 18, 1993 the office of the Recorder, in and for Dubeque CoWlty, Jowa. Passed, approved and adopted this 18th day of O<;mber, 1993. James B. Brady Mayor Attest: Mary A. Davis CityCieck CoWlcil Member Kluesner moved adoptioo of the Reso1utioo. Seconded by CoWlcil Member Robbins. Carried by the following vo"': Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetherg. Nays-None. Absent-Council Member Krieg. An Ordinance Vacating a portioo of Schiller St. from lincoln Ave. to Higb Bluff St. to be known as Lot 35A in Hopper's Addn.. presented and read. Council Member Kluesner moved that this be considered the first reading of the Oniinance, and that the reqnirement that a proposed Ordinance be considered and voted 00 for passage at two CoWlcil meetings prior to the meeting at which it is to be finally adopted be suspended and further moved thaI a Public Hearing be held on the Ordinance at the CoWlcil Meeting of 11-1-93 at 7:30 p.m. in the Public Lihrury 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-Mayor Brady, Council Members Kluesner, Nagle, Nicholsoo, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. RESOLUTION NO. 327.93 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 35A IN HOOPER'S ADDITION IN THE CITY OF DUBUQUE, IOWA Wbereas, Bethany Home has requested the vacating of a pnrtion of SebiUer Street &om lincoln Avenue to High Bluff Street: and Wbereas, IIW Engineers & Surveyors, P.C. of Dubuque, Iowa have prepared and subnûtted to the City Cooncil a plat showing the vacated pnrtion of Schiller Street and assigned lot numbers thereto, which bereinafter sball be known and described as Lot 35A in Hooper's Additioo in the City of Dubuque, Iowa; and Wbereas, the City Council of the City of Dubuque, Iowa has determined that this pnrtion of Schiller Street is no longer required for public use, and vacating and sale of said portioo of Schiller Street known as Lot 35A in Hooper's Addition in the City 398 of Dubuque, Dubuque County, Iowa should be approved. NOW, T1\EREPORE, BE IT RESOL YED BY THE CiTY COUNCIL OP TIlE CITY OP DUBUQUE. IOWA: Section \. That the City of Dubuque intends to dispose of its interest in Lot 35A in Hooper's Addition in the City of Dubeque, Iowa. Section 2. That the conveyance of Lot 35A in Hooper's Additioo in the City of Dubeque, Iowa to Bethany Home be contingent upon the payment of $2,840.00, plus publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of in"'nt to dispose of said real eslate to be published in the manner as prescribed bylaw. Passed, approved and adopted this 18th day of October, 1993. James E. Brady Mayor Attest: Mury A. Davis City Clerk CoWlcil Member Kluesner moved adoptioo of the Resolution setting it for Hearing on 11-1-93 at 7:30 p.m. in the Public library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Robhöns. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. Communication of City Manager recommending to sell city properties to lOOT, presented and read. CoWlcil Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholsoo, Robbins, Voetberg. Nays-None. Absent-Cooncil Member Krieg. RESOLUTION NO. 328.93 RESOLUTION OF INTENT TO DISPOSE OF INmREST IN SOUTH BALANCE OF THE SOUTH PART OF LOT 2 OF LOT 3 OF MINERAL LOT 158 AND TIlE SOUTHERLY 100 FEET OF LOT 2 OF LOT 2 OF MINERAL LOT 66 Wbereas, the City of Dubuque is the current owner of the south balance of the south part of Lot 2 of Lol 3 of Mineral Lot 158, and the southerly 100 feet of Lot 2 of 399 Regular Session, October 18, 1993 Regular Session, October 18,1993 400 Lot 2 of Minecal Lot 66 in the City of Dubuque, Iowa; and Wbereas, the Iowa Department of Transporlation have offered to purchase said properties from the City of Dubuque as right-of-way for the U.S. 20 Highway Corridor Improvements. NOW, TlIEREl'ORE, BE IT RESOLVED BY THE CITY COUNCIL Of THE CITY OP DUBUQUE, IOWA: Seeûon I. That the City of Dubuque, Iowa intends to dispose of its intereat in the ROuth ba1ance of the south part of Lot 2 of Lot 3 of Minecal Lot 158, and the sœtheriy 100 feet of Lot 2 of Lot 2 of Minecal Lot 66, in the City of Dubuque, Iowa. Seeûon 2 That the conveyance of the City's intereat shall be withoul monelary compensatioo; for the mutnal heaefit of both parties. Seeûon 3. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Section 364.7 Disposal of Property, Code of Iowa, 1989 or as amended. Passed, approved and adopted Ibis 18th day of O<;tober, 1993. James E. Brady Mayor Attest: Mury A. Davis City Clerk CoWlcil Member Kluesner moved adoption of the Resolution and hearing set for November I, 1993 at 7:30 p.m in the Public library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicbolson, Robbins, Voetberg, Nays-None. Absent-Council Member Krieg. MlNUlES SUBMrrmD -- Cable Commnnity Teleprognunming Commission of 9-28; Cable TV Regulatory Commission of 9-29; Community Development Commission of 9-13; Electrical Code Board of 9-27; Historic Preservatioo Commission of 9-22; Housing Code Appeals Boord of 8- 17; Special Housing Commission of 9-29, presented and read. Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicbolsoo, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. Camegie Stout Public Library submitting their annnal report, presented and read. CoWlcil Member Voetberg moved that the teport be received and filed. Seconded by CoWlcil Member Nngle. Carried by the following vo"': Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicbolson, Robbins, Vœtherg. Nays-None. Absent-Council Member Krieg. Print<,d CoWlcil Proceedings for the months of March and April, 1993, presented for approval. Council Member Vœtberg moved that the prncecdings be approved as printed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholaon, Robbins, Vœtberg. Nays-None. Absent-Council Member Krieg. Nicbo1aon, Robbim, Voetherg. Nays-None. Absent-Council Member Krieg. Communications of COIJ'OI'aÛon Counsel recommending denial of following claims: Property damage of Todd Gusman; Property damage of Richard and Mary Gotz; Pecsonal injuries of Patricia A. Huekels; Car damage of Mary Jane Lynch, presented and read. CoWlcil Member Voetberg moved that the commnnications be received and filed and denials approved. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays-None, Absent-Council Member Krieg. NOTICES OP CLAIMS/SUITS -- Dubuque Pighting Saints Assn. vs. City of Duboque in the amount of $2,678.40 plus attorney's fees for breach of contrac~ Kristine L. Hammel in arnoWlt of $30.00 to $40.00 for vehicle damages; Helen L. Juergens in amount of $212.00 plus tax for property damages; Attorney Jim Roth on behalf of Codey Meyer, in Wlkncwn arncunt for personal injuries, presented and read. CoWlcil Member Vœtberg moved that the claims and suits be refeJred to the Legal Staff for investigation and report, Seconded by Council Member Nagle. Carried by the following vo"': Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetherg. Nays-None. Absent-Council Member Krieg. Communication of David Hartig, Jr., requesting City to vacate and sell that pnrûon of City property in the 1500 block of Southem A venue exceeding the 66 foot rigbt of way normally reserved for a city street. presented and read. Council Member Vœtberg moved that the commnnicaûon be referred to the City Manager. Seconded by CoWlcii Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetherg. Nays-None. Absent-Council Member Krieg. STATE OF IOWA ABSTRACT OF VOTES Dubuque County, Inwa We, the undersigned Members of the Board of Supervisors, and ex-officio Board of Canvassers, for Dubuque CoWlty, bereby certify the following to be a true and correct abstract of the vo"'s cast in this county at the City Primary Election held on the 5th day of October, 1993, as shown by the laUy lists returned from the several election precincts. Por the Office of Mayor of the City of Dubuque there were Ten thousand five bundred forty-three, 10,543, votes cast. as follows: Jim E. Bmdy received One thousand two hundred fifty-three, 1,253 votes Denis P. Bords received Six hundred ninety- nine, 699 votes Terry Duggan received Pive thousand six hundred eighty-nine, 5,689 votes Robert W. Nagle received One thousand sixteen, 1,016 votes Bmd Parks received Six hWldred sixtyoone, 661 vo"'s Dirk Vœtberg received One thousand one bundred fifty-three. 1,153 votes Scattering received seventy°two, 72 vo"'s We therefore declare Jim E. Brady and Terry Duggan nominated for the November 2, 1993 General Election the office of Mayor. Commnnicaûons of Corporation Counsel advising the following claims bave been referred to Crawford & Company, the agent for the Iowa Commnnities Assurance Pool: Personal injury of Nancy Lou Neal; Personal injury of Lucille Sehroeder, presented and read. Council Member Vœtberg moved that the communicatioos be received and filed. Seounded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. Commnnicaûons of COIpOration Counsel recommending settlement of property damage claim of Helen L. Juergens in the amount of $212.00 and directing Pinance Director to issue proper check, presented and read. Council Member Voetberg moved that the communications be received and filed and settlement approved. Seconded by CoWlcil Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Por the office of Thini Ward CoW1cilman there were Two thousand five hundred sixty- three, 2563 voles cast. as follows: George Beaves received Eight hWldred twenty-three, 823 votes Ployd R. Cook received Two hundred forty- six, 246 votes. Joe Robbins received Nine hundred thirty- nine, 939 votes, Robert Sch..t received Pive hundred fifty- five, 555 votes. Scattering received Pifteen, 15 votes. We therefore declare George Beaves and Joe Robbins nominated for 11f2193 election to the office of Ward Three Councilman. In "'stimony whereof, we have set our hands and caused this to be auested by the Clerk of the Board of Supervisors, with the Seal of this County. Done at Dubuque, the county seat of this COmIty, this 7th day of October, 1993. Donna L. Smith Chairperson Jim Waller Members of the Boord of Supervisors and ex-officio County Board of Canvassers Attest: Denise M. Dolan COmIty Auditor aud Clerk of the Board of Supervisors CoWlcil Member Voetberg moved that the Abstract of Votes be received and filed and made a matter of record. Seconded by CoWlcil Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetherg. Nays-None. Absent-Council Member Krieg. Communication of David Wolf, Chairperson of Cable Community Teleprognunming Commission requesting to declare the seat of Commissioner Tim Habel vacant and provide for appninbnent to fill the unexpired tenD, presented and read. CoWlcil Member Voetberg moved that the commWlication be received and filed and vacancy approved. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Council Member Krieg. Proof of Publication, certified to by the Publisher, on list of Claims for month of August, 1993, presented and read. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Nagle. Carried by the following vo"': Yeas-Mayor Brady, Council Members Kluesner, Nagle, 401 Regular Session, October 18, 1993 Nicholaoo,RobbiIII, Voetherg. Nays-Nooe. Absent-Council Member Krieg. Petition containing 9 signatures requesting extenJÌon of existing 2 hour porIdng limit from 1749 Clarke Dr. to 1687 Clarke Dr., . pesented and read. Cooncil Member Voetberg moved that the petition be referred to the City Manager. Seconded by Council Member Nagle. Carried by the following v- Y.-Mayor Brady, Counci1 Members Kluesner, Nagle, Nicholsoo, Robbins, Voelberg. Nays-None. Absent-Council Member Krieg. Communication of Chairperson of Rivec1Tont Development Subcommittee submitting an update on the slalUS of the 4th Street Peninsula (ROD) Redevelopment Overlay District and the Rivec1Tont Strategic Plan, presented and read. Council Member Voetberg moved that the communicarion be received and filed. Seconded by Council Member Nagle, Carried by the following vote: y.-Mayor Brady, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg. Nays-None. Absent-Cooncil Member Krieg. L At 8:58 p.m. Council Member Voetber moved to into Closed Session in AccordaJ!': with Ch. 21.5(IXc) To discuss strate~yJ"¡~~ CoWlSel in matters where litigation--;.-- imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in this litigation and also, in accordance with Ch. 21.5(1)(j) to discuss the purchase of particular real eslate wbere premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for thaI property. Seconded by CoWlcil Member Nicbolson. Carried by the following vote: Yeas-Mayor Brady, Cooncil Members Kluesner, Nagle, Nicholson, Robbins, Voetberg' Nays-None. Absent-Council Member Krieg. CoWlcil recoovened regular session at 9:27 p.m. stating Legal Staff was given proper direction. There being no further business, Council Member Voetherg moved to adjourn the meeting. Seconded by Council Member Nicholson. Carried by the following vote: y.-Mayor Brady, Cooncil Members Kluesner, Nagle, Nicholson, Robbins, Voetberg' Nays-None. Absent-Council Member Krieg. Meeting adjourned at 9:28 p.m t~¡{¿~ )h ¿¡~ ÂQ¿¡;¿ r.7 City Clerk - '~¡:t a,¡ Regular Session, November 1,1993 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Seasion. November I, 1993 CoWlcil Met at 7:30 p.m, Public libJary Auditorium Present: Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. City Manager Micbae1 Van Milligen, Ccrporstion CoWlsel Barry A. liodahL Mayor Brady read the call and Slated this i. the Regular Session of the City Council calied for the purpose to act upon such business which may properly come before the CoWlcil. " \ Invocation was given by Pather Richard Schaefer of Lor.. College. PROCLAMATIONS -- Month of November as Alzheimer Disease Public Awareness Month"; November 7-13 as "Key Club Week" received by Angie Kirby from Senior High, CarR Klaas at Wablert High and Aaron Wiclder of Hempstead High; November 7-13 as "Youth Appreciation Week" received by Kathy Sturm of the Morning Optimists and Ron Bakke from the Nooo Optimists; November 8-14 as Radiologic Technology Week" received by Bill Zwack; and November 8-12 as "Project Concern, Inc. Week", received by Jim Miller and Jean Callahan. There was a presenlation of Certificates of Appreciation to City Employees Steve Neyens of the Building DepL and Russ Bowman and Kevin Grace of the Street DepL CoWlcil Member Nagle moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by CoWlcil Member Nicholson. 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 00 Notice of Public Hearing to consider reclassifying property in Sunset Park 5th Addition &om R-3 to PUD District 402 with a PR Designation, presented and read. CoWlcil Member Kluesoer moved that the proof of publicarion be _ved and filed. Seconded by Cooocil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Cooocil Members Kluesner, Krieg, Nagle, Robbins, Voetberg. Naya-CoWlcil Member Nicholson. William Peterson. Architect of the Project. Prank Takes, Pres. of University Park Villa, Inc.. and Prank Donovan, 1662 Lucy Dr., spoke 10 the proposed project. An Ordinance Amending Zoning Ordinance by reclassifying property located on Pennsylvania Avenue East of Lucy Drive from R-3 Mndecate Density Multi-Pamily Residential Dislrict to PUD Planned Unit development District with a PR Planned Residential Diatrict designation and adopting Conceptual Development Plan, with first reading only given at meeting of 10-18-93, presented for forther action. (OFFICIAL PUBLICATION) ORDINANCE NO, 61.93 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON PENNSYLVANIA AVENUE EAST OF LUCY DRIVE FROM R.3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEP'11JAL DEVELOPMENT PLAN, NOW, T1IEREPORE, BE IT ORDAINED BY TIlE CITY COUNCIL OP THE CITY OP DUBUQUE, IOWA: Section 1. That in order to accomplish the purpose of the PUD Planned Unit Development District of the Zoning Ordinance of the City of Dubuque, Iowa, the zoning reclassification &om R-3 Modemte Density Multi-Pamily Residenûal District to PUD Planned Unit Development with a PR Planned Residential District designation and conceptual development plan, a copy of which is atlacbed to and made a part hereof, is hereby adopted and appasved for the following described property, to wit: Lot I of Block 2 Sunset Park 5th Addition, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa.