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1993 November Council Proceedings 401 Regular Session, OCtober 18, 1993 NichoIIœ,Robbins. Vootbcrg. Nayo-NOOO. Aboen>-Council Member Krieg. Peddon containing 9 signa\Uœl xeq..sting extenaioo of wsdng 2 hour parking limil from 1749 Clukc Dr. to 1681 Clukc Dr.. . ~ted and mod. Cooncil Member Voetborg moved that the poddon be rcfened to the City Manager. Seconded hy Cooncil Momhcr Nagle. Curled by the following vote: Yeas-Mayor Brady, Coonci1 Mombors Klncaner, Nagle, Nicholaon, Robbins, Voolberg. Nays-Nooe. Abaenl-Cooncil Member Krieg. Commnnicadon of Chairpersoo of Riverfronl Developmenl Subconunittoo submitting an updaÞo on the status of the 4th Strool Peninsula (ROD) Rodovclopmenl Overlay District and the Riverfronl Strategic I Plan, p"'sonted and read. Council Member Voolherg moved that the commnnicadon be received and filed. Seconded by Council Member Nagle. Curled by the following vote: Yeas-Mayor Brady, Council Mombors Klncaner, Nagle, Nicholsoo, Robbins, Voolberg. Nays-None. Abaenl-Council Member Krieg. L At 8:58 p.m. Council Member Vool] moved to into Closed Session in Accor~l:: 1---- with Ch. 21.5(IXc) To discuss strategy r;~"' Counsel in malten where lidgadon'-ir inuninenl where its disclosure would be likely to p"'judice or disadvantage the posidon of the governmental body in lhis lidgadoo and also, in accordance with Ch. 21.5(l)fj) to discuss the purch... of particular real eslate where P"'ßI8ture disclosure could be reasonably expected to increase the price the governmental body would have to pay for thaI property. Seconded by Council Member Nicholson. Carried by tho following vote: Yeas-Mayor Brady, Council Memben Kl..sner, Nagie, Nicholson, Robbins, Vootherg. NaYIl-Nono. Absont-Council Member Krieg. Council reconveoed regular ...sion at 9:27 p.m. sladng Legal Slaff was given proper direcdon. There being no further busi...., Counei\ Momb« Vootherg moved to adjourn the meedng. Seconded by Council Member Nicholson. Curled by the following vote: Y~ayor Brady, Cooncil Membors Kluos-, Nagle, Nicbulaon, Robbins, Voetborg. Nayo-Nono. Absonl-Council Momboc Krieg. Mooting adjouroed al 9:28 p.m t~¡{¿~ ') h f!¡WJb 2~~ ~4 City Clerk Regular Session, November 1, 1993 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regu1ar Session, November I, 1993 Council Mot at 7:30 p.m, Public library Auditorium _nl: Mayor Brady, Counei\ Membors Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootherg, City Manager Michael Van Milligen, Corpomdon Counacl Barry A. lindah\. Mayor Brady mod the call and Slated lhis is the Regular Session of the City Council caltod for the porpose to act upon such business which may ¡xoporly como before the CounciL Invocadon was given by Father Richard Schaefer of Loras College. PROCLAMATIONS -- Month of Novemb« IS Alzheimer Disease Public Aware.... Month", November 7-13 IS "Key Club Week" received by Angie Kirby from Senior High. Cara Klaas at Wahlert High and Aaron Wickler of Hompstead High, November 7-13 as "Youth Appreciadon Week" received by Kathy Sturm of the Morning Opdndsts and Ron Bakke from the Noon Opdndsts; 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 Joan Callahan. There was a p"'sentadon ofCcrdficates of Appreciadoo to City Employ... Steve Neyens of the Bullding Dept. and Russ Bowman and Kevin Grace of the Stroot Dep!. Council Member Nagle moved that the' rules be suspended to allow anyone p"'sont to address the Council if they so desire. Seconded by Council Memboc Nicholson. Carried by the following vole: Yeas-Mayor Brady, Council Membors Kluosner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nayo-None. Proof of Publication cordfied to by the Publisher 00 Notice of Public Hearing to consider reclassifying property in Sunset Park 5th Addition from R-3 to PUD District with a PR Designatioo, ¡naonted and mod. Council Memboc Kluesner moved thaI the proof of publicadoo be received and filed. Seconded by Council Momboc Nicholson. Carried by Ihe following vote: Yeas-Mayor Brady, Cooncil Membors Kluesner, Krieg, Nagle, Robbins, VOOlherg. Naya-Council Memboc Nicholson. William Petenon, Architect of the Proj..~ Frank Takes, Pres. of University Park Villa, Inc., and Frank Donovan, 1662 Lucy Dr., spoke to the proposed pojoct An Ordinance Amending Zoning Ordinance by reclassifying property located on Ponnsylvania A venue East of Lacy Drive from R-3 M- Density Multi-Family Residential Districl to PUD Planned Unit development Districl with a PR Planoed Residential Districl designatioo and adopting Conceptual Development Plan, with fint reading only given at meeting of 10-18-93, presented for further 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 LOCAmD ON PENNSYLVANIA A VENUE EAST OF LUCY DRIVE FROM R.3 MODERAm DENSI1Y MULTI.FAMILY RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND A\JOPTING A CONCEI'TIJAL DEVELOPMENT PLAN. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. ThaI in order to accomplish the porposo of the PUD Planoed Unit Development Districl of the Zoning Ordinance of tho City of Dubuque, Iowa, the zoning reclassification from R-3 Mnderate Density Multi-Family Residential District to PUD Planned Unit Development with a PR Planned Residential DistriCI designation and concepntal development plan, a copy of which is anached to and made a part horecf, is hereby adopted and approved for the following described property, to wit Lot I of Block 2 Sunset Park 5th Additioo, and to the conter line of the adjoining public righl-of-way, all in the City of Dubuquo, Iowa. 402 403 Regular Session, November 1, 1993 Seodon 2. That in order to acoompIish the porposes of the PlJD Planned Unit Development District and of the Zoning OIdIoaneo, the above described property is subject 10 the foUowing condidoos and I restrictions: A. Use ROIIulations. The following reguladons shal1 apply to all ..... made of land in the above described PR Planoed Residential District: I) Priocipal pcrndtted U8OI shall he limited to senior housing dwelling nnits consisting of: 4 duplexes, 3 four-plexes, 28-nni~ three-slŒy senior cidzen apartments, and a three-story, 46-unit bullding with 36 assiated living units and 10 congregate living nnits. 2) No secoodary or contingency uses shall he pemdtted. 3) Accessory uses shall inclnde any nse customarily incidental and suburdinate to the principal use it serves. B. Lot and Bulk Re.ulations. Development ofland in the POO Planoed Unit Development Dislrict shall he regolated as follows: 1) AU bu1lding sbWtuœI and activities shall he located in conformance with the attached conceptual development plan and all final site development plans are to he approved in accordance with provisions of the PUD Planned Unit Development District regulations. 2) AU buildings and sbWtureS shall provide a fron~ side and rear yard setback, as per the conceptual development plan. 3) A maximum bullding height of 36 feet shall he allowed. C. Performance Standards. The development and maintenance of uses in this POO Planoed Unit Development District shall he established in conformance with the following standards of Section 3-5.5. I) Lighting shall he provided per City standards. 2) Landscaping shall he provided in compliance with Secdon 4.4 of the Zoning Ordinance and as sdpulatod in the conceptual development plan. 3) AU utilities including telephooe and cable television shall he installed underground. 4) No grading, excavating, or other land disturbing activity may occur hefore approval is granted for a final sulx\ivision plat and improvement plans. 5) Internal. sidewalks adjoining the private drive shall he provided from Welu Drive to Pennsylvnnia Avenue with connection to the public sidewalk system 6) One-hundred six (106) off-street par1dng spaces shall he provided for the total development 7) The Pennsylvania Avenne entrance shall he screened with live evergreen shrubs from the adjoioing single- family area to the west 8) An adequately designed storm sewer shall he provided as per engineering recornmondations. 9) Fiual site development plåns shall he submitted in accordance with Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa prior to consttUcdon of each bullding. D. Onen S"... and Recreational Areas Those areas not designated on the conceptual development plan for development shall þo maintaioed as open space, as defined by Section 8 of the Zoning Ordinance of the City of Dubuquo, Iowa, by the property owner and/or association. E. Si.n Re.ulations. Tbe sign regulations shall he the same IS that which are allowed in the R-4 Multi- Family Residential District as established in Section 4-3.11 Scbedule of Sign Reguladons of the Zoning Ordinance of the City of Dubuque, Iowa. F. Additiooal Standards. The conceptual development plan shall he valid for a porind of five (5) years provided improvement plans fo< proposed public street are submitted wilhin two years from the date of approval. G. Transfer of Ownersbip Transfer of ownership 0< lcase of property in this POO Planoed Unit Development District shall include in the transfer or lcase agreement a provision that the purchaser 0< lessee acknowledges awareness of the conditions authorizing the establishment of the district Passed, approved and adopted lhis 1st day of November, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 61-93 I, Carl Burbach, property owner, and Frank Takes, President of University Park Villa. Inc. having read the termS and conditions of the fore8oing Ordinance No. 61-93 and heing familiar with the conditions thereof, hereby accept thia same and agree to the conditioos xequirod therein. Regular Session, November 1, 1993 404 Datod in Dubuque, Iowa this 4th day of November, 1993. By Isl Carl J. Burbach Pre>orty Owoor By Is! Frank Tak.. Presiden~ University Park Villa. In.. Published officially in the Te"graph Herald newspaper this 15th day of November, 1993. It 11/15 Mary A. Davis CMC CityCicrk Council Memboc Kluesner moved thatlhis be considered the secood reading of the Ordinance, and that the xequiroment that a propoaod Ordinance he considered and voted on for passage at two Council meodngs prior to the moodng at which it is to he finally adopted he suspended and further moved final adopdon of the Ordinance as amended. Seconded by Council Momher Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Momhen Kluesner, Krieg, Nagle, Robbins, Vootherg. Naya-Council Member Nicholson. Proof of Publicadon cerdfied to by the Publisher on Notice of Public Hearing to consider vacating and disposing of a portion of Sehil1er Street conunnnicadon of City Manager recornmonding to vacate and sell said property, presented and read. There were 00 written objections received and no oral objecton pRlsent at the time of the Hearing. Council Member Vootherg moved that the proof and communication he received and filed. Seconded by Couoci\ Memboc Robbins. Curled by the following vote: Yeas-Mayor Brady, Counei\ Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootherg. NaYIl-None. William Jamisoo, President of Bethany Home, requosted endorsement An Ordinance Vacadng a portion of Sehil1er Street from Lincoln A venne to High Blnff Street for property now known as Lot 35A in Hooper's Addition, said Ordinance having heon presented and mod at the Council Meedng of October 18, 1993,. presented for final actioo. (OFFICIAL PUBLICATION) ORDINANCE NO, 62-93 ORDINANCE VACATING A PORTION OF SCHILLER STREET FROM LINCOLN AVENUE TO HIGH BLUFF STREET Whereas, Bethany Home has requested the vacadng of a portion of SchiUer Stroot from lincoln Aven.., to High Blnff Stroot: and Wb«eas, IIW Engineon 8t SurveyOR, P.C., Dubuque, Iowa, has pRIpafCd and submitted to the City Cooncila plat showing the vacated portioo of Sehil1er Stroot and an assigned lot numboc thereto, which hereinafter shall he known and described as Lot 35A of Hooper's Addition, in the City of Dubuquo, Dubuquo County,lowa; Wb«eas, the City Council of the City of Dubuquo, Iowa has determined that Sehil1er Stroot Is 00 longer xequirod for public use and vacating of said portioos of Sehil1er Stroot known as Lot 35A in Hooper's Additioo in the City of Dubuqne, Dubuque County, Iowa should he approved. NOW T\IERI!FORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 35A in Hooper's Addition in the City of Dubuque, Iowa, he and the same is hereby vacated. Passed, approved and adopted thia 1st day of November, 1993. James E. Brady Mayor AtteSt: Mary A. Davis City Clerk Published officially on the Telegraph Heraldnewspapor lhis 5th day of Novemher, 1993. It 11/5 Mary A. Davis CMC City Clerk Council Memher Vootherg moved final adoption of the Ordinance. Seconded by Council Member Robbins. Curled by the following vote: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, Nichoisoo, Robbins, Voolborg. Nays--Nooo. RESOLUTION NO. 330.93 Wb«eas, punuant to resolution and published notice of time and place of hearing, published in the Telegraph Hetald, a newspaper of gencra1 circulation publisbed in the City of Dubuquo, Iowa on the 22nd day of October, 1993, the City Council of the City of Dubuque, Iowa met on the 1st day of November, 1993, at 7:30 p.m. in the Public Library Auditorium, 11th and Locus~ Dubuquo, Dubuqne County, Iowa to consider the proposal for the sale of real estate described as: Lot 35A in Hooper's Addition in the City of Dubuque, iowa to Bethany Home Wb«eas, the City Council of the City of Dubuquo, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa, except for casements as ooted, in the 405 Regular Session, November 1, 1993 Regular Session, November 1, 1993 406 hereinabuve described real estate to Bethany Homo. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Secdon I. That the disposal of tho interest of the City of Dubuque, Dubuqoc COmIty, Iowa in real property described u Lot35A in Hooper's Addition in the City of Dubuquo, Iowa to Bethany Homo he and the same is hereby approved for the sum of $2,840.00 plus publication and filing fees; conveyance shall he by Quit ClaIm Deed. Secdon 2. That the Mayor he authorized and directed to execute a Quit Claim Deed, and the City Clerk he and is hereby authorized and directed to deliver said deed of cooveyance to the above named grantees upoo receipt of the purchase price in full. Secdon 3. That the City Clerk he and II hereby authorized and directed to record a cordfied copy of this resolution in the office of the City Assessor, Dubuque County Rocordcr and tho Dubuque County Auditor. Passed, approved and adopted lhis 1st day of Novemher, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk CoWlcil Member Vootherg moved adoption of the Resolution. Seconded by CoWlcil Memb« Robbins. Curied by the following vote: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, Nicbuisoo, Robbins, Vootbcrg. Nays-Nooo. Proof of Publication cordfied to by the Publisher on Notice of Public Hearing to consider disposing of City's interest in property located at 2658 Jackson Street and communication of City Manager recornmonding to sell said property, presented and read. Council Memher Robbins moved that the proof of publication and commnnication he received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Membors Kluosner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nayo-None. RFSOLUTION NO. 331.93 RFSOLUTION APPROVING THE DISPOSAL OF CITY-OWNED PROPERTY,SPECIFICALLY, THE NORTHERLY ONE-HALF (N 1/1) OF LOT NUMBER TWO HUNDRED TWENTY -SIX (126) IN GLENDALE ADDITION NUMBER THREE (3), IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, IOWA. ACCORDING TO THE RECORDED PLAT THEREOF, ALSO KNOWN AS 2658 JACKSON STREET, TO JENNIFER A. HEMMER. Proof of Publicadon cordfied to by the Publisher on Notice of Public Hearing to consider disposing of City's interelt in property located aloog the U.S. Highway 20 Corridor and commnnicadon of City Manager recommending to dispose of said property to lOOT, ~ted and mod. There were no written objections received and no oral objecton pRlsent at the time of the Hearing. Council Member Klocaner moved that tho proof and commnnication he received and filed. Seconded by Counei\ Memboc Nagle. Curled by the following vote: You-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicbolson, Robbins, Vootherg. Nayo-Nono. Wb«eas, punuant to a notice, duly published in the Telegnph Hetald newspaper, the City Council of Dubuque, Iowa, met 00 the 1st day of November, 1993, at 7:30 p.m in the Carnegie Stout Public library Auditorium, 11th and Bluff Stroo~ Dubuque, iowa, to coosider the ~ to dispose of City-owned teal eslate located at 2658 Jackson Street which property is legally described as follows: The Nurtherly One-Half (N 1/2) of Lot Number Two Hundred Twenty-Six (226) in Glendale Addidon Number Three (3), in the City of Dubuquo, County of Dubuque, Iowa, according to the recorded plat thereof. Whereas, such property is proposed to he sold to Jennifer A. Hemmer in coosideradon for One Thousand Hve Hundred Ninety Dollan ($1,590.00) as the second DREAMS Program property to he sold; and Whereas, the City Council of the City of Dubuque, Iowa, has overruled any and all objections, oral and written, to the proposal to dispose of tho interest of the City of Dubuque, Iowa, in the herein and ahove- named real eslate to the above-named grantees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE,IOWA: Section 1. That the disposal of the interest of the City of Dubuque in the above- described property to Jenoifer A. Hemmer is hereby approved. Section 2. That the Mayor be and he is hereby authorized and directed to execute a Quit Claim Deed, and that the City Clerk he and she is hereby directed and authorized to deliver such Deed, conveying the ahove described real estate to the above-named grantee. Passed, approved and adopted lhis 1st day of Novemher, 1993. RFSOLUTION NO. 332-93 Wb«eas, pursuant to reaoludon and published notice of time and p1aco of hearing, published in thc Telegnph Herald, a newspaper of genoral circulation publisbed in the City of Dubuquo, Iowa on the 22nd day of October, 1993, the City Council of the City of Dubuque, Iowa met on the 1st day of November, 1993, at 7:30 p.rn. in the Public library Anditorium, II th and Locus~ Dubuquo, Dubuqoc County, iowa to coosidcr the proposal for the sale of real estate described as: the south balance of tho south part of Lot 2 of Lot 3 of Mineral Lot 158, and the southerly 100 feet of Lot 2 of Lot 2 of Mineral Lot 66 in the City of Dubuque, Iowa Wb«eas, tho City Council of the City of Dubuque, Iowa overruled any and all objectioos, oral or written to the proposal 10 dispose of interest of the City of Dubuque, Iowa, except for easements as noted, in the hereinabove described real estate to the Iowa Department ofTransportatioo as right-of-way for the U.S. 20 Highway Corridor Improvement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That tho disposal of the interest of tho City of Dubuquo, Dubuque County, Iowa in real property described as the south balance of tho south part of Lot 2 of Lot 3 of Minetal Lot 158, and the southerly 100 feet of Lot 2 of Lot 2 of Mineral Lot 66 in tho City of Dubuque,lowa to the Iowa Department of Transportation he and the same is hereby approved without monetary compensation, for the mutual henefit of both potties, conveyance shall he by Quit Claim Deed. Secdon 2. That the Mayor be authorired and directed to execute the Iowa Department of Transportation offen to purchase and the Quit Claim Deeds consistent with ssid offen James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Robbins moved adoption of the Resolution. Seconded by Council Member Nicholson. Curied by the following vote: Yeas-Mayor Brady, Council Members Kluosner, Krieg, Nagle, Nichoisoo, Robbins, Vootborg. NaYIl-Nono. upoo receipt from the Iowa Department of Transportation, and the City Clerk he and is hereby authorized and directod to deliver said offen to p- to the above named grantee. Secdon 3. That the City Clerk he and is hereby authorized and directod to record a ccrdfied copy of lhis resolutioo in the office of the City Assessor, Dubuque COmIty Recorder and the Dubuqoc County Auditor. Passed, approved and adopted this 1st day of November, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Momber Kluesner moved adoptioo of the Resolution. Seconded by Council Member Nagle. Curied by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootborg. NaYIl-None. BOARDS AND COMMISSIONS Civic Center Conunission - One Unexpired term which will ex¡>re 6-29-94. Applicants: Paula A. Lange, Karon C. Lyuess. Vote on the appointment was as follows: Mayor Brady voted for Lange, Council Member KIuosner voted for Lange; Council Memher Krieg voted foc Lange; Council Member Nagle voted for Lange; Council Memher Nicholson voted for Lange: Council Memher Robbins voted for Lange; Council Memher Vootherg voted foc Lange. Therefore, Paula A. Lange appointed to the Civic Center Comndssioo for an unexpired term which will ex¡>re 6-29-94. Council recessed at 8:47 p.m., Council reconvened at 9:03 p.m Petition of residents of Kaufmann Ave. xequesting to address the Council regarding the City Code requiring handnil on step system containing four oc more risen, presented and read. Mn. Doris Wuortzer, 365 Kaufman and Mrs. Valeta Brown, 433 Kaufmann spoke requesting that tho Ordinance he amended to include rental property only. Council Memboc Vootherg moved that the petition be received and filed and referred to the City Manager. Seconded by Council Memb« Nicholson. Curied by the following vote: Yeas-Mayoc Brady, Council Memhen Kluosner, Krieg, Nagle, Nicholson, Robbins, Vootborg. NaYIl-None. 407 Regular Session, November 1, 1993 Regular Session, November 1,1993 408 Petition of residents of Oly....c Heighll regarding not receiving city services or henefill, pRlsented and read. Michao1 Smyth. 500 Olympic Hoighll, staled laXes have doubled since 1919 and xequosted installation of sewer and water. Diane Sweeney, 321 Oly....c Hoighll, xequosted they he given full City services and stated percentage of taxes paid shoold go to 00011 of defraying expen... for providing utilities. Council Momber Klueaner moved that the petidon he received and filed and refened to the CIty Manager. Seconded by Counei\ Momb« Krieg. Catried by the following vote: Yeas-Mayor Brady, Council Mombers Kluesner, Krieg, Nagle, Nicholaon, Robbins, Vootherg. Nays-None. Petition of Charles Isenhart, Steering Conunittoo Memher of Dubuque Housing Coalitioo, xequesting Council to assist in financial support of a conference on housing with a maximum amount of $1,000, presented and read. Mr. Isenhart spoke xequesting funding to assist with registration at the Housing Coalition Council to he held 11-12-93. Council Memb« Vootherg moved that the petition he reccived and filed and resolved to offer financial assistance in an amount of 1/3 for conferences with costs not to excood $1000.00. Seconded by Council Memher Kluesner. Curled by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays-Council Memher Nagle. Petition of Shula Sorensen xequesting to address the Council regarding the Planning Division's decision as to when not to notify the public on a public bearing especially on 200 ft. co1lular phone tower heing built on Cedar Cross Road, pRlsented and read. Shula Sorenson spoke to the petitioo. Council Memher Kluesner moved that the petition he received and filed and referred to the Legal Staff to research for definition of "Public Ulility" with clarification as to whether or not cellular phones come under that definition. Seconded by Council Momb« Nicholson. Curied by the following vote: Yoas-Mayoc Brady, Council Membors Kluosner, Krieg, Nagle, Nicholsoo, Robbins, Vootborg. NaYII-Nooo. Petition of Eldon Pfobl requesting to address the Council to present comments regarding "Government by Conunittoo" and "The false Ideology of Multicultutalism", presented and read. Council Member Nicholson moved that the petition he received and filed. Seconded by Councii Momb« Krieg. Curled by the following vote: Yeas-Mayor Brady, Couocil Mombers Kluesner, Krieg, Nagle, Nicholsoo, Robbins, Vootherg. Nays-None. Passed, -"ved and adopted lhis 1st day of November, 1993. James E. Brady Mayor Atteal: Mary A. Davis CityClcrk Council Momboc Krieg moved adoption of the Roso1ution. Seconded by Council Member Robbins. Curled by the following vote: Yeas-Mayor Brady, Counei\ Members Kloosner, Krieg, Nicholson, Robbins, Vootherg. Naya-Council Momber Nagle, Commnnicution of City Manager regarding the feasibility of establishing a local Housing Program Servicea Program, presented and read. Council Momher Krieg moved that the communication he received and filed. Seconded by Council Memher Robbln~ Catried by the following vote: Yeas-Mayor Brady, Council Memhers Kluesner, Krieg, Nicholson, Robbins, Vootherg. Nay&-Couocil Member Nagle. RFSOLUTION NO, 334.93 NOW, TIIEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tho following having complied with the provisioos of law relating to the aale of Cigarettea within the City of Dubuque, Iowa, he granted a pomdt to sen Cigarettes and Cigarette papers within said City. Thomas J. Kraus Kopples Marketl098 Univetaity Passed, approved and adopted this 1st day of Novemher, 1993. James E. Brady Mayor IIFSOLUTION NO, 333.93 RFSOLUTIONOF INTENTION TO APPLY TO THE NEIGHBORHOOD REINVESTMENT CORPORATION FOR ASSISTANCE IN DEVELOPING A NEIGHBORHOOD HOUSING SERVICES PROGRAM IN DUBUQUE. Whereas, the City of Dubuquo is committed to revitalization of its neighborhoods and has declared this conunilmOnt in its statement of a Neighborhood Reinvestment Strategy, and Whereas, the Neighborhood Reinvestment Corporation (NRC) was created by Congress to assist localities in revitalizing neighborhoods through the establishing of local Neighborhood Housing Services programs; and Whereas, the Neighborhood Reinvestment Corporution will, upon applicadon, condoct a local assessment to deterndne the basis of support for developing such a program of revitalization. Atteat: Mary A. Davis City Clerk Council Member Kluesner moved adoptioo of the Resolution. Seconded by Council Member Nagle. Curied by the following vote: Yeas-Mayor Brady, Council Memben Kluosner, Krieg, Nagle, Nicholsoo, Robbins, Vootbcrg. NaYIl-Nono. RFSOLUTION NO. 335.93 Whereas, applicatioos for Beer Permits have heon submitted and filed to lhis Council for awroval and the sarno have heon examined and approved; and Whereas, the pRlo6... to he occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the Manager he authorized to cause to be issoed the following named applicants a Boer Perndt CLASS "c" BEER PERMIT Mo!o Oil Co. Big 10 Mart -Car Wash Sunday Sales 1875 JFK Rd Iowa Oil Co. loco Spoodo Shoppo H 93 Sunday Sales 3270 Dodge NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized and directed to execute an application to the Neighborhood Reinvestment Corporution for assistance in development of a Neighborhood Housing Services program in Dubuque. Section 2. That the City Manager is directed to forward such applicadon and invitation to the Neighborbood Reinvestment Corporution, for purpose of conducting an assessment of conditions nocesasry to establish such a program Rainho Oil Co. Kwik Stop Food Mart Sunday Sales 2291 University Passed, approved and adopted lhis 1st day of November, 1993. James E. Brady Mayor Atteat: Mary A. Davis City Clerk Council Memboc Kluosner moved adoption of tho Resolutioo. Seconded by Council Mombcr Nagle. Curied by the following vote: Yeas-Mayor Brady, Council Members Kluosncr, Krieg, Nagle, Nicboisoo, Robbins, Vœtbcrg. NaYII-Nooo. IIFSOLUTION NO. 336.93 Whereas, applications for Liquor licenses have heon submitted to this Council for approval and the same have heon examioed and approved; and Whereas, the pRITIIÌses to he occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: That the Manager he authorized to cause to he issoed the following named applicants a Liquor license. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Aragon Tap,lnc. Aragon Tap Sunday Sales 1103 Iowa St T.T Wclsh, Inc. Finale Lounge Sonday Sales 1701 Central DAMA CO!>. Rainhow Lounge Sunday Sales 36 West 4th St David L. Lyons River City Tap & Grill Sunday Sales 1406 Pine St Passed, awroved and adopted lhis 1st day of November, 1993. James E. Brady Mayor Atteal: Mary A. Davis City Clerk Council Memher Kluesner moved adoption of the Resolution. Seconded by Council Member Nagle. Curied by the following vote: Yeas-Mayor Brady, Council Memhen Kluesner, Krieg, Nagle, Nicholsoo, Robbins, Voothcrg. NaYIl-Nono. RESOLUTION NO. 337.93 RESOLUTION REGARDING THE ISSUANCE OF HOSPITAL REVENUE REFUNDING BONDS (THE FINLEY HOSPITAL) OF 409 Regular Session, November 1, 1993 Regular Session, November 1, 1993 410 THE CITY OF DUBUQUE, IOWA, AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT RELATING THEJIET(). Whereas, the City of Dubuque, Iowa (the "ilsocr"), is a mnnicipality of the Stale of Iowa authorized and empowered by the provisioos of Chapter 419 of the Code of Iowa, 1993, as amended (the" Act") to issue revenuo bonds and to loan the proceeds to one or more contraCting parties to he used to pay the coot of acquiring by construcdon or purchase, land, bulldings, improvements and equipment suitable for use of any voluntary nonprofit hospital and to refund any bonds issoed ponuant to the Ac~ and Whereas, The Finley Hospital (the "Hospital"), is a voluntary nooprofit hospital wilhin the meaning of the Act which presently owns and opontes services for inhabitants of the issuer, the Hospital has requested the Issuer to issue its Hospital Revenuo Refunding Bonds (rhe Finley Hospital) in an aggregate principal amount not to exceed $8,000,000 (the "Bonds") punuant to the Act to i) refund a pRlvious issuo of the issuer's Hospital Facility Pint Mortgage Refunding and Improvement Revenuo Bonds, Series 177 the "Prior Bonds"), (ü) fand a debt service reserve fund for the Bonds, and iü) and pay costs incurtod in connection with the issuance of the I Bonds, and Whereas, tho Issuer has heretofore issued the Prior Bonds and its $10,700,000 Hospital Revenuo Bonds (rhe Finley Hospital Project), Series 1992 (the "Series 1992 Bonds"), punuant to that certain Indenture of Trust dated as of September I, 1977 as amended and supplemented by a First Supplemental Indenture of Trust dated as of August 15, 1992 (together the "Exisdng indenture") hetween the iss- and the Trustee (as defioed in the Exisdng Indenture and has loaned the proceeds of the Prior Bonds and the Series 1992 Bonds to the Hospital punuant to a Loan Agreement dated as of September I, 1977 as amended by a Fint Amendatory Loan Agreement dated as of August 15, 1992 (together the "Existing Agreement") hetween the Hospital and the Issuer for the purpose of financing certain projects and refunding for the Hospital set forth therein, and Whereas, the Issuor has determioed that the amount necessary to defray all or a pordon 0 the cost of refunding the Prior Bonds, will require the issuance by the Issuer of the Bonds punuant to the provision of the Cation, and punuant to the Existing Indenture as amended and supplemented by a Second Supplemental Indenture of Trus~ or a separate Indenture of Trus~ (the Existing Indenture as amended and supplemented by the Second Supplemental Indenture of Trus~ or such sepamte Indenture of Trust, is hereinafter referred to as the "Indenture") and loan the proceeds of the Bonds to the Hospital punuant to the Exisdng Agreement as amended and supplemented by a Second Amendatory Loan Agreement or a separate Loan Agreement (the Existing Agreement as amended and supplemented by tho Second Amendatory Loan Agreoment or such separate Loan Agreement is hereinafter refened to as the "Agreement"); and Whereas, the Bonds, if issoed, shall he lio6ted obligations of the Iss-, and shall not constitute nor 8ive rise to a pecuniary liability of the Issuer of a charge against its general ctodit or taxing powers, and the principal of and interest and preoùum, if any, on the Bonds shall he payable solely out of the revenuo derived from tho aforementiooed Agreement or otherwise as provided therein, and Whereas, there has heon presented to the City Council a Memorandum of Agreement, attached hereto as Exhibit A, which sets forth certain mutual undertakiogs and agreements hetween the Issuer and the Hospital, relating to tho further pmœssing and issuance of the Bonds, and the Issuor helieves it desirable and in its hest interest that said Memorandum of Agreement he executed for an on behalf of the Issuer; and Whereas, before tho Bonds may he issued, it is necessary to conduct a public hearing on the proposal to issue the Boods, all as required and provided for by Section 41. of the Act and Section 1470 of the Intemal Revenuo Cnde of 1986. Now, Therefore, Be It Resolved by the City Council of the issoor, as follows: Section \. A poblic hearing shall he conducted on the 6th day of Docemher, 1993, at 7:30 o'clock p.m. hefore this City Council at the Public Library AuditoriUIJ1' Dubuquo, Iowa, on the proposal to issue the Bands punuant to tho provisions of tho Act, for the purpose of defraying all or a pordon of the cost of refunding the Prior Bonds, establishing certain reserve funds for the payment of tho Bonds, and paying certain expenses incurtod in connection with the foregoing, and all iocal residents who appear at said hearing shall he given an opportunity to expRIss their views for or against the proposal to issue the Bonds, and at said hearing, or any adjournment thcrocf, lhis City Council shall adopt a resolution deterndning whether or not to proceed with the issuance of the Bonds. Section 2. The City Clorlt ofthelssocris hereby directed to pablish 000 time, not less than fifteen (15) days prio< to the date fixed for asid hearing, in the Telegmph Herald, a legal newspaper poblishod and having a general circo1ation wilhin the Issocr, a Notice of Inteation to Issuo the Boods in substantially the following form: NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE HOSPITAL REVENUE REFUNDING BONDS (TIlE FINLEY HOSPITAL), OF TIlE CiTY OF DUBUQUE. IOWA Notice is boceby given that a public hearing will he conducted before the City Council of tho City of Dubuquo, Iowa at the Public library Auditorium, Dubuquo, Iowa, at 7:30 o'clock p.m on the 6th day of Decomboc, 1993, on the propooal to issue Hospital Revenuo Refunding Bonds (The Finley Hospital), (the "Bonds") of the City of Dubuquo, iowa (the "Issocr"), on hehalf of The Finley Hospital (the "Hospital") for the purpose of defraying the coot of refunding the outstanding pordon of the Issuer's Hospital Facility Fint Mortgage Refunding and Improvement Revenuo Bonds (The Finley Hospital Project) Series 1977 (the "Prior Bonds") which were issued to finance improvomonts to the Hospital's facility located at 350 North Orandview Avenue, Dubuquo, Iowa. In addition, proceeds from the Bonds may he used to fund a debt service reserve fund for the Bonds and to pay costs incurtod in connectioo with the issuance of tho Bonds. The Bonds will he issoed in an aggregate principal amount not to exceed $8,000,000. The Boods, when issoed, will he lio6ted obligations and will not constitute general obligatioos of the Issuer nor will they he payable in any manner by taxation, but the Bonds will he payable solely and only from aunts received by the Issuor under a Loan Agreement hetween the Issuer and the Hospital, the obligation of the Hospital under which will he sofficient to pay the principal of and interest and rodomption pRlo6um, if any, on the Bonds as and when the same shall become doc. The Bonds and the interest thereon will he payable solely out of the revenuo derived from said Loan Agreement and shall never constitute an indebtedness of the Issuor wilhin the meaning of any state constitutional provision or statutory lio6tatioo, and shall not constitute nor give rise to a pecuniary liability of said Issuer or a charge against ils genetal credit or laxing powers. All local residenls wbu appear at said hearing shall he given an opportunity to express their views for or against the proposal to issue the Bonds, and at said hearing, or any adjournment thereof, the City Council of said Iss- shall adopt a resolutinn detemdtting whether or not to proceed with the issuance of the Bonds. Written comments may also he submitted to the Iss- at: City Clerk, City Hall, 13th " Central Avenuo, Dobuque, Iowa 52001. Written commonls must he received by the above hearing date. By order of the City Council of the City of Dubuque, Iowa Mary A. Davis CityClorlt NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF TIlE CITY OF DUBUQUE. IOWA: Section 3. In order to assure the refunding of the Prior Bondi with the resulting public henefits, it is deemed necessary and advisable that the Memorandum of Agreemen~ in the form anached hereto as Exhibit A, he approved and that the Mayor he and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk he and hereby is authorized to _st the same and to affix the seal of the Issuer thereto, and said Memorandum of Agreoment is hereby made a part of lhis Resolution. Section 4. Officials of the Issoed are hereby authorized to take such further action as may he nocossary to carry out the intent and purpose of the Memorandum of Agreement Section 5. All resolutions und orden or parts thcrocf, in conllict herewith are, to the extent of such conllic~ hereby repealed, and this Resolution shall he in full force and effect immediately upon ils adoption. Passed, approved and adopted lhis 1st day of November, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Krieg moved adoption of the Resolutioo. Seconded by Council Memb« Nagle. Carried by the following vote: Yoas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Vœtherg. Nays-None. Communication of City Manager xequesting amendment of the Downtown Urban Renewal District to provide for the creation of a loan program for area businesses and the adoption of a resolution of necessity doclaring the Old Main business dis1rict to he both a blighted and an econoo6c development area and set the matter for a public hearing on Decomher 6, and communicaliun of Cindy Steinhauser, on 411 Regular Session, November 1, 1993 hehalf of Main Street Ltd. submitting comments regarding amondmen~ pRlsented and mod. Cindy Steinhauser, of Main St Lid, spoke and intrndocod David Marini, 1245 Valentine, President of Dobuque Main St Ltd. and they spoke endorsing the Project David Sehroodcr, 233 Main, urged adopdoo of the Resolutioo. Also, a stalement from Tom Graham, endorsed the project Council Momber Voetherg moved that the onmmnnicadoos he received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas-Mayor Brady, Council Memhen Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nayo-Non.. A Resolution of Necessity finding that the "Old Main" Business District is both a blighted and an ecoooo6c devclopmont area and that development of said area is necessary in the interest of the residents of the City of Dubuquo, Iowa, pRlsented and read. Council Memher Vootherg moved that lhis matter he set for Hearing on Doc. 6, 1993. Seconded by Council Mombor Krieg. Curled by the following vote: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nays-None. Communication of City Manager submitting an ordinance providing for the establishment of an Environmental Conunission and recommending Council set matter for a public hearing 00 Novemher 15, 1993, pRlsented and mod. Council Memher Voetherg moved that the commnnicadon he received and filed. Seconded by Council Memb« Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Membors Kluosner, Krieg, Nagle, Nicbolsoo, Robbins, Voetberg. Nayt-Nooo. An Ordinance Amending the Cnde of Ordinances by adding a new Chapter IRA, Environmon~ Establishing an Environmental Conunission and providing for the composition thereof, the appointment process; providing for the powen of such conunission and providing for the organization of the conunission and the procedures for its operations, presented and read. Council Member Vootherg moved that lhis he considered the fint reading and that it he set for Public Hearing on Nov. 15, 1993 at 7:30 p.m in the Public Library Auditorium and that the City CIeri< publish notice in the manner pRlscribed by law. Seconded by Council Momber Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Mombors Kluosner, Krieg, Nagle, Nicholson, Robbins, Voetherg. NaYIl-None. MINUTIJS SUBMITTED - Cable TV Regulatory Conunission of 10-20; Housing Conunission of 10-12, Five Flags Corondssion of 10-18, Zooing Boord of Adjustment of 9-30, Zoning Conunission of 111-6, ¡resented and read. Council Momher Vootherg moved that the minutes he received and filed. Seconded by Council Mombor Nagle. Curled by the following vote: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nayo-None. Five Flags Conunission submitting their year-end report for Fiscal Year 1993, presented and read. Council Momber Vootherg moved that the report he received and filed. Seconded by Council Momher Nagle. Curled by the following vote: Yeas-Mayor Brady, Council Membors Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nays-None. NOTICE OF CLAIMS/SUiTS -- Coca- Cola Bottling Company in amount of $3581.50 for vehicle damages, Rehecca Elskan:qJ in amount of $140.40 for vebicle damages, Anorney James J. Roth, on hehalf of Margaret Garlow, in unknown amount for pononal injuries, Edward T. Graham, by Timothy A. Tilp (Insurance Co.) in amount of $847.08 for vehicle damages; Linda L. Howes in amount of $148.85 for vehicle damages, Rohert Kohl, in amount of $250.00 for vebicle damages; Notice to Junior Lienholden regarding nonjudicial voluntary foreclosure procedure by James P. Martin et ai, pRlsented and read. Council Memher Vootherg moved that the claims and snits he refened to the Legal Staff for investigation and report Seconded by Council Memher Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nays-None. Commnnicadon of Corporation Counsel advising persooal injury claim of Cndoy Meyer has heon refertod to Crawford & Company, the agent for the Iowa Commnnities Assurance Poul, presented and read. Council Memboc Vootherg moved that the communication he received and filed. Seconded by Council Memher Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Membors Kluosner, Krieg, Nagle, Nicholson, Robbins, Vootherg. NaYIl-None. Commnnicadon of Corporation Counsel recommending denial of car damage clsim of David W. Ariss, ¡resented and read. Council Memher Vootherg moved that the commnnication he received and filed and denial approved. Secooded by Council Memboc Nagle. Catried by the following Regular Session, November 1, 1993 vote: Yeas-Mayor Brady, Council Memhen Kloosner, Krieg, Nagle, Nicholsoo, Robbins, Voetherg. Nayo-None. Commnnicadon of Finance Director submitting City's financial report for mooth ending Sop\emher 30, 1993, ¡naonlod and read. Cooncil Memboc Voetherg moved that the comonndcation he received and fi1od. Seconded by Council Momboc Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Memhen Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nayo-None. Petidon of Ericka Heiss xequesting to make the corner of Stafford and lincoln a "Four" way stop, pRlsented and read. Council Momber Vootherg moved that the petition he referred to the City Manager and Staff. Seconded by Council Memher Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluosner, Krieg, Nagle, Nicholson, Robbins, Voetherg. Nays-None. Communicadon of Zoning Conunission advising of the their approval of final plat of Equostrian Heights No. 4 (Clydesdale Court), presented and read. Council Member Vootherg moved that the commnnicadon he received and filed. Seconded by Council Memboc Nagle. Curled by the following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nayt-None. RFSOLUTION NO. 338.93 A RESOLUTION APPROVING THEFlNAL PLAT OF LOTS 1-3, INCLUSIVE OF EQUESTRIAN HEIGHTS SUBDIVISION NO. 41N THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat Lots I - 3, inclusive of Equostrian Heights Subdivision No.4 in the City of Dubuque, Iowa; and Whereas, asid final plat has heon exandned by the Zooing Conunission and had its approval endorsed thereon, and Whereas, said final plat has heon exandned by the City Council and they find that it conforms to the statutes and ordinances relating to it NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described final plat be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuquo, Iowa, upon said final plat. 412 Passed, _ved and adopted lhis 1st day of November, 1993. James E. Brady Mayor Attest: Mary A. Davis CityCicrk Council Member Vootherg moved adoptioo of the Resolution. Seconded by Council Memboc Nagle. Curled by the following vole: Yeas-Mayor Brady, Council Memben Kluosoer, Krieg, Nagle, Nichoisoo, Robbins, Vootbcrg. NaYII-Nooo. Communication of City Manager submitting quarterly report on monitoring activities of vacant bulldings, presented and read. Council Memboc Voetherg moved that the comonndcation he received and filed. Seconded by Council Memher Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluosnor, Krieg, Nagle, Nicholson, Robbins, Voetherg. NaYIl-Non.. Communication of City Manager recommending approval of an amendment to HOME Investment Prognm master contract with Mayor to execute, presented and read. Council Memher Voetberg moved that the communicadon he received and filed and approved. Secooded by Council Memher Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Memben Kluosner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nays-None. Communication of City Manager submitting the quarterly investment report, presented and lead. Council Memher Vootberg moved that the commnnicadon he received and filed. Seconded by Council Momber Nagle. Curled by the following vote: Yeas-Mayor Brady, Council Membors Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootberg. Nays-None. David J. Lyoos, Iowa Trust Receiver submitting updated Iowa Trust Receivership report. presented and read. Council Memher Vootherg moved that the report he received and filed. Seconded by Council Memher Nagle. Curled by the following vote: Yeas-Mayor Brady, Council Membors Kluosner, Krieg, Nagle, Nicholsoo, Robbins, Vootherg. Nays-None. Dubuque Area Chamher of Commerce's Convention and VisitOR Bureau submitting their First Quarter Report for FY'94, presented and read. Council Member Vootherg moved that the report he received and filed. Seconded by Council Member 413 Regular Session, November 1,1993 Na¡le. Curled by the following vote: Yeas-Mayor Brady, Cooncil Mombers Klues-, Krieg, Nagle, Nicholson, Robbins, Vootherg. NaYIl-None. resolution at its meeting of Novemher 15, 1993, authorizing the submissioo of a requost to the U.S. Depar1ment of Housing and Urban Development to underlake the above mentiooed project Passed, approved and adopted lhis 1st day of Novemher, 1993. Communication of City Manager requesting to publish Notice of Bnvironmental Findings for Economic Development Projects, presented and mod. Council Member Vootherg moved that the report he received and filed. Seoonded by CoWlcil Momber Nagle. Carried by the following vote: Yeas-Mayor Brady, CoWlcil Membors Kluosner, Krieg, Nagle, Nichoisoo, Robbins, Vœdx:rg. Nays-Nooo. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher VœtheIg moved adoptioo of the Resolution. Seconded by Council Member Nagle. Curied by the following vote: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, Nicholson, Robbins, Vœthcrg. NaYIl-None. RESOLUTION NO. 339.93 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVEWPMENT BLOCK GRANT PROJECTS There heing no further business, Council Memb« Vœtherg moved to adjourn. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Memhers Kluosner, Krieg, Nagle, Nicholson, Robbins, Vœtherg. Nays-None. Meeting adjoumod at 10:40 p.m Mary A. Davis CMC City Clerk Whereas, the City of Dubuque has enteted into a Grant Agreement for the Fiscal Year commencing July I, 1993, with the U.S. Department of Housing and Urban Development providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended, and Whereas, punuant to the rules and regulations as promulgated by the U.S. Dopartmont of Housing and Urban Development an environmental review has been ¡rocossed for the hereinafter described projects to he financed with Community Development Block Grant funds, and Whereas, the Community and Econoo6c Development Dopartmont has prepared an Environmental Review Record for each project and has, after doc cousidoration, made a deterndnation that the projects arc ,=v,,' j . "". ' not a major fodorul action significantly '. -t,' .' X,,, It ,/ . ~),' ,,-;------.- affecting the quality of the human.. t< , :y l S' environment . - ,-"') . "N~~::'~~ ~ OF DUBUQUE, IOWA: 7"" :J -,,~~~,~.~. --'.ð ~~,~. is hereby authorized and directed to poblis a Notice of Fiuding of No Significant Effect on the Environment for the following identified' projects and to make the Environmental Review R~. for ~aid \-:Z "." . '. \.--'. . ~ec:oti:~:ehef~ ::~:.n1::;~~'::; " Council ~bors "A" attached hereto and made a part hereof. .Eagle Point (formerly Engineering Data Systems Expansion Project) .W.C. Brown Commnnicadons, Inc. Section 2. That the City of Dubuqoc hereby doclaros its intent to adopt a Approved Attest: <'/1 :' 1f1í) ¿¿'It /JL !!h-i/)¿lr¡r.,i-tJ . .ð1c¡uitt¡City Clcrk Regular Session, November 15,1993 414 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, November 15, 1993 Council Mot at 7:30 p.m, Public library Auditorium Present: Mayor Pro- Tem Robbins, CoWlcil Mombers Kluesner, Krieg, Nagle, Nichol...., Vootherg, City Manager Michael Van Milligen, Corporation Counacl Barry A. lindabl Absent: Mayor Brady at roll call. Mayor Pro- Tom Robbins lead the call and stated lhis is the Regolar Session of the City Council called for the purpose to act upon such business which may properly como heforc the Council. Invocation was given by Rev. Woody AIIabongh, Pastor at Third Presbyterian Church. PROCLAMATION --Doc. 1st as "World's AIDS Day" received by Dr. Viner. Council Member Nagle moved that the rules he suspended to allow anyone pRlsent to address the Couoci\. Seconded by CoWlcil Memher Vœtherg. Curled by the following vote: Yeas-Mayor Pro- Tom Robbins, Council Membors Kluesner, Krieg, Nagle, Nichol...., VœIhoIg. Nays-None. Absent-Mayor Brady. Proof of Publication certified to by the Publisher on Notice of Public Hearing providing for the establishing of an Bnviroomental Conunissioo; communications of Paul Sehulz and John A. Brennan, M.D. submitting comments regarding inclusion of Cilizon Suggested Revisioo to "Duties" as contained in proposed ordinance; commnnicadonofRev. Thomas W. Mundahl supporting the establishment of an Environmental Commission, and commnnicadon of City Manager submitting a revised Onlinance which includes recommended changes, presented and road. Council Member Vœtherg moved that the proofs and communications he received and filed. Seconded by Council Momboc Nagle. Curled by the following vote: Yeas-Mayor Pro- Tem Robbins, Council Membors Kluesner, Krieg, Nagle, Nicbulson, VootheIg. Nayo-None. Absent-Mayor Brady. Bob Felderman, 1980 Marioo, endoned Ordinance. Jaoob Fcldcrman, as a Jr. at Wahlert spoke endorsing the Ordinance ospocially endorsing a Youth Memher of the Comndssion. Joe Reed, 11543 Robin Hood Dr. of Sanofi stated that the Ordinance shonld inclnde business and induslries for input Paul Tabor, 2499 Knob Hill, recommended adoption of the Onlinance. Charles Winterwood, 1555 Montrose Tell'llCO, spoke endorsing Option "B". Steven Neyens, 850 Kane, spoke endorsing Option "A". An Ordinance Amending the Cnde of Ordinances by adding a new Chapter lSA, Environment ..tabliahing an Environmental Comndssion and providing roc the Composition thereof and the Appointment Process therefor; providing for the Powers of such Commission; and providing for the organization of the Conunission and the procedures for its operations (1st draft), first reading only given on 11-1-93, pRlsented for further actioo. No further action taken. An Ordinance Amending Cnde of Ordinances by adding a new Chapter 18A, Environment Establishing an Environmental Stewardship Conunission and providing for the composition thereof and the appointment process Ihorefor; providing for the powen of such Comndssion, and providing for the organization of the Conunission and the procedures for its operations, said Ordinance having heon presented and road at the Council Mooting of 11-1-93, presented for further actioo. Council Memher Vœtherg moved second reading only, as amended of the Ordinance. Seconded by Council Memher Nagle. Curled by the following vote: Yeas-Mayor Pro-Tem Robbins, Council Memhers Kluesner, Krieg, Nagle, Nicholson, VœtheIg. Nays-None. Absent-Mayor Brady. Communicadon of Eldon A. Pfobl requesting to address the Council to redress grievances regarding "Government by Conuniuoo" and Racism, presented and read. Council Memher Nagle moved that the commanication he received and fi1od. Seconded by Council Momher Nicholson. Curled by the following vote: Yeas-Mayor Pro- Tern Robbins, Couoci\ Memhen Kluesner, Krieg, Nagle, Nicholson, VootheIg. Nays-None. Absent-Mayor Brady. 415 Regular Session, November 15, 1993 Commnnicadon of Eldon A. Pfohl xequesting to address the Council regarding mombocship in the NAACP by a Council Momboc, ¡naonted and mod. Counei1 Member Nagle moved that the commnnication he received and filed. Secoodod by Council Momber Nichoison. Catried by the following vote: Y~ayor Pro-Tem Robbins, Counei\ Members Kluesner, Krieg, Nagle, Nicholson, Vootherg. Nayo-N-. Absent-Mayor Brady. Communication of Bob Rosenow xequesting to address the Council on City Streets & Improvomonts, presented and read. Mr. Rooooow xequested that resurfacin8 the streets he a top priority. Council Member Vootherg moved that the commnnicadon he received and filed. Seconded by Council Momb« Krieg. Catried by the following vote: Yeas-Mayor Pro-Tom Robbins, Council Memhen Kluesner, Krieg, Nagle, Nicholson, Vootherg. NaYIl-None. Abaent-Mayor Brady. Commnnication of Corporatioo Counsel responding to City Council's request for additional informadon for Sprint Cellular Tower on Cedar Cross Rd., pRlsented and read. Sbula Sorenson spoke xequesting that there he a public hearing hefore towen are consb'Ucted. Council Memb« Vootherg moved that the commnnication he received and filed and refened to the Zoning Conunission regarding an Ordinance ¡noviding for height limitatioos on towon, s1Iossing that topography must he considered. Seconded by Council Memher Krieg. Catried by the following vote: Yeas-Mayor Pro- Tem Robbins, Council Mombors Kluesner, Krieg, Nagle, Nicholson, Vootherg. Nays-None. Absent-Mayor Brady. Communication of City Manager responding to concerns and quostions presented by residents of Olympic Heights area. presented and mod. Council Memher Krieg moved that the communicatioo he received and filed. Seconded by Council Momb« Nicholson. Curied by the following vote: Yeas-Mayor Pro-Tem Robbins, Council Membors Kloosner, Krieg, Nagle, Nicholsoo, Voolborg. Nays-Nooe. Absent-Mayor Brady. Communication of City Manager xequesting approval to replace the HV AC for the Airline Terndnal, presented and read. Council Memher Krieg moved that the communication he received and filed and request approved. Seconded by Council Momb« Robbins. Curled by the following vote: Yeas-Mayor Pro-Tem Robbins, Council Membon Kluosner, Krieg, Nagle, Nicholson, Vootherg. Nays-None. Abaent---Mayor Brady. Communication of City Manager xequesting approval to execute documents for CDBG Loan Agreement and EDA Revolving Loan Fund Agreement for Vessel Systems. inc., pRlsented and mod. Council Member Vootherg moved that the communicadon he received and filed. Seconded by Council Member Krieg. Curled by the following vote: Yeas-Mayor Pro.Tem Robbins, Council Memhen Kluesner, Krieg, Nagle, Nicholson, Vootherg. Nays-None. Absent-Mayor Brady. RFSOLUTION NO, 340-93 RESOLUTION AUTHORIZING ECIA BUSINESS GROWfu, INC. TO PROCEED wlm A LOAN, FROM THE CITY OF DUBUQUE'S PORTION OF THE EDA REVOLVING LOAN FUND, OF SEVENlY -SEVEN mOUSAND DOLLARS ($77,000) TO VESSEL SYSTEMS, INC, Whereas, the City of Dubuque has funded a portion of the Econoo6c Development Ado6nistration's (EDA) Revolving Loan Fund (RLF) wlúch is ado6nistered by ECIA Business Growth, Inc., and Whereas, Vessel Systems, Inc. has xeqoosted financial assistance from ECIA Business Growth, Inc. of seventy-seven thousand dollars ($77,000) for working capital and the acquisition of neodod fund-, fixtures and equipmon~ and Whereas, ECIA Business Growth,lnc. has reviewed the xequost and asked that the City Council authorize the use of loan funds from the City of Dubuquo's portion of the EDA Revolving Loan Fund, and Whereas, the City of Dubuquo, Iowa desires to assist Vessel Systems, Inc. in the start up of a new manufacturing firm. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF TIlE CITY OFDUBUQUE,IOWA: Section 1. That ECIA Business Growth, In.. is hereby authorized to prooeod with a loan to Vessel Systems, Inc. from the City of Dubuquo's portion of the EDA Revolving Loan Fund. Section 2. 'That the City Council is hereby directed to notify ECIA Business Growth, Inc. of said authorization by transmitting a certified copy of lhis Resolution. Regular Session, November 15, 1993 416 Passed, _ved and adopted lhis 15th day of November, 1993. Council Momboc Vootherg moved adoptioo uf Ibo Resolution. Seconded by Council Momb« Krieg. Curled by the following vote: Yeas-Mayor Pro- Tom Robbins, Council Membon Kluesner, Krieg, Nagle, Nicholsoo, Vootherg. Nays-Nooe. Abaent-Mayor Brady. Council recessed at 8:47 p.m., Council reconvened at 8:54 p.m James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memboc Voetborg moved adoptioo uf tho Resolutioo. Seconded by Council Momboc Krieg. Curled by the following vole: Yeas---Mayor Pro-Tom Robbins, Counei\ Mombon Kloosner, Krieg, Nagle, Nicholsoo, Voolborg. NaYIl-None. Absent-Mayor Brady. Mayor Brady entered the Chambors at 8:54 p.m Communication of City Manager requesting approval to execute offer to purchase two common:ial propcrdes, presented and mod. Council Momber Kluosner IOOved that the commnnicadon he received and filed. Seconded by Council Memboc Vootherg. Curled by the following vote: Yeas-Mayor Brady, Council Membors Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootberg. Nays-None. RFSOLUTION NO, 341-93 RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVEWPMENT BLOCK GRANT LOAN AGREEMENT WITH VESSEL SYSTEMS, INC. Whereas, under provisions of Title i of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant Funds for the purpose of stimulating economic devclopmont activities within the community; and Whereas, the City of Dubuque, Iowa desires to assist Vessel Systems, Inc. in the start up of a new company for the manufacture of tanks and to create permanent employment opportunities for low and moderato income citizens, and Whereas, a Loan Agreemen4 a form of which is hereto attached and by lhis reference made a part hereof, is to he executed by Vessel Systems, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute, on behalf of the City of Dubuquo, iowa, an agreement awarding a seventy-five thousand dollar ($75,000) loan to Vessel Systems, Inc. Section 2. That the City Manager he and he is hereby authorized to disbuno loan funds from the Commnnity Development Block Grant entitlement fund, in accordance with the terms and conditions of the executed Loan Agreement Passed, approved and adopted lhis 15th day of Novemher, 1993. RESOLUTION NO. 342.93 RESOLUTION OF INTENT TO ACQUIRE REAL ESTATE AT 2534 WINDSOR A VENUE AND 510 EAST UND STREET, IN THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque is comndtted to enforcement of housing quality standards and to the provision of assistance toward the addition of hnusing units to the City's inventory; and Whereas, from time to time acquisition of rental properties is nocossary in order to protect tho City's investments made in support of affordable housing. NOW, TIlEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: Section \. That the City of Dubuque hereby gives notice of its intent to acquire the following legally described properties from the sellon, James P. and Cathcrine M. Murln: Lot Four (4) of the Subdivisiou of Lot Three (3) in Giger's Subdivision in the City of Dubuquo, Iowa according to the recorded plat thereof, (also described as Lot Four (4) of the Subdivision of Lot Three (3) in Giegon Subdivision and Geigers Subdivision, in the City of Dubuquo, Iowa, according to the recorded plat thorect) at the coot of One-Hundred Sixty-Eight Thousand, Seven Hundred Seventy-Two and 72/100 Dollan ($168,772.72), subject to review and approval of deeds conveying such property. James E. Brady Mayor Attest: Mary A. Davis City Clerk 417 Regular Session, November 15, 1993 Secdon 2. That the City Manager is hereby authorized and directed to purchase sold propcr1ies, subject ., the terms and couditioos of the attached offer. Passed, approved and adopted this 15th day of November, 1993. James E. Brady Mayor Attest: Mary A. Davis CityClcrk Council Momher Kluesner moved adoptioo of the Resolution. Seconded by Council Member Vootherg. Curled by the following vote: Yeas-Council Membors Kluosner, Krieg, Nicholson, Robbins, Vootherg. Naya-Council Memher Nagle. Abstain--Mayor Brady. Communication of City Manager recommending to enter into an agreement with Iowa Civil Rights Conunissioo, presented and lead. Council Memher Vootherg moved that the communicadon he received and filed. Seconded by Council Momb« Nicholson. Curled by the following vote: Yeas-Mayor Brady, Council Memhen Kluosnor, Krieg, Nagle, Nichoisoo, Robbins, Vootherg. NaYII-Nooo. RFSOLUTION NO. 343-93 APPROVING THE AGREEMENT BETWEEN THE DUBUQUE HUMAN RIGHTS COMMISSION, AND THE lOW A CIVIL RIGHTS COMMISSION, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Dubuque Human Rights Comndssion and the iowa Civil Rights Comndssion are entities founded for the purpose of elio6nadng discrio6nation through the processing of discrio6nation complaints; and Whereas, the Dubuque Human Rights Conunission and the Iowa Civil Rights Comndssion bave negotiated an agreement whereby more efficient, more effective and more coordinated state and local civil rights enforcoment shall he provided, and Whereas, the' Dubuque Human Rights Conunission and the Iowa Civil Rights Conunission have conclnded said agreement to the satisfaction of each party. NOW, TIlEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section I. That the terms of the agreement hetwoen the Dubuque Human Rights Conunission and the Iowa Civil Rights Conunissioo he approved and the Mayor he authorized and directed to sign the agreemenL Passed, approved and adopted this 15th day of November, 1993. James E. Brady Mayor Attest: Mary A. Davis CityClcrk Council Memher Vootherg moved adoption of the Resolution. Seconded by Council Memher Nicholsoo. Curled by the following vote: Yeas-Mayor Brady, Council Memhen Kluesner, Krieg, Nagle, Nichoisoo, Robbins, Vootherg. NaYII-Nooo. Commnnication of City Manager recommending approval of an amendment to Annual Contributions Contract for Section 8 Program Existing Housing Cerdficates, presented and read. Council Memher Nagle moved that the communication he received and filed. Seconded by Council Memher Robbins. Curled by the following vote: Yoas-Mayor Brady, Council Membors Kluosner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nays-None. RESOLUTION NO. 344-93 A RFSOLUTION AUTHORIZING EXECUTION OF AN AMENDED ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 8 EXISTING HOUSING CERTIFICATES, PROGRAM NO. IAOS-EO87-01S (REPLACING PROGRAM NO. IAOS-EOg7-004) Whereas, contracts for certain programs under the consolidated Annual Contributions Contract for Existing Housing Cerdficates are scheduled for expiration, in 1993, and Whereas, the US Depar1ment of Housing and Urban Development has extended these funding conunitmonts through the offering of an amended consolidated contract: and Whereas, the Department requires execution of this contract for the City's ado6nistration of these funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuquo he and he is hereby authorized and directed to execute an amended Annual Contributions Contract, with the US Department of Housing and Urban Development, for Project No. 1A05-E087- 015, under Master Annual Contributions Contract No. KC-9004E, on behalf of the City of Dubuqoo. Regular Session, November 15, 1993 418 Section 2. This resolutioo shall take effect immedialcly. Passed, approved and adopted lhis 15th day of November, 1993. James E Brady Mayor Attest: Mary A Davis CityClcrk Council Member Nagle moved adoption of the Resolutioo. Seoondod by Counei\ Memboc Robbins. Curled by the following vote: Yeas-Mayor Brady, Council Membors Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootborg. NaYIl-None. Communication of City Manager recommending approval of an amendment to Annual Contributions Contract for Section 8 Program Housing Voochen, pRlsented and read. Council Member Kluesner moved that the communication he received and filed. Seconded by Council Member Vootherg. Carried by the following vote: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nayo-None. RFSOLUTION NO. 345-93 A RFSOLUTION AUTHORIZING EXECUTION OF AN AMENDED ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 8 HOUSING VOUCHERS, PROGRAM NO, IAOs.V087.017 (REPLACING PROGRAM NO, IAOS-V087.oos¡ Whereas, contracts for certain programs under the coosolidated Annual Contributioos Contract for Honsing Vonchen are scheduled for expiration, in 1993, and Whereas, the US Depar1mont of Housing and Urban Devclopment has extended these funding como6tmonts through the offering of an amended coosolidated cootract: and Whereas, the Department requires execution of this contract for the City's ado6nistration of those funds. NOW, TIlEREFORE, BE IT RESOLVED BY THE C[TY COUNCIL OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque he and he is hereby authorized and directed to execute an amended Annual Contributions Cootract, with tho US Department of Housing and Urban Development, for Project No. 1A05-V087- 017, under Master Annual Cootributions Contract No. KC-9004E, on hehalf of the City of Dubuquo. Secdon 2. This resoIutioo shall take effect immediately. Passed, approved and adopted lhis [5th day of November, 1993. Attest: Mary A. Davis City Clcrk James E Brady Mayor Council Member Nagle moved adoption of the Resoludon. Seconded by Counei\ Memboc Robbins. Curled by the following vote: Yoas-Mayor Brady, Council Memhen Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootherg. NaYIl-None. Communication of City Manager recommending to call in Spocial Assessment Bonds, pRlsented and read. Council Member Kluosnor moved that the communication he received and filed and approved recommendation. Seconded by Council Member Vootherg. Curled by the following vote: Yoas-Mayor Brady, Council Membors Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootberg. Nays-None. RESOLUTION NO, 346-93 Whereas, applications for Beer Perodts have heon subndtted and filed to this Council for approval and the same have heon exandned and approved, and Whereas, the premises to he 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 OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to canso to he issoed the following named applicants a Beer PerodL CLASS "C" BEER PERMIT TFM, inc. Oky Dnky #6 Sunday Sales 1256 Iowa St CLASS "B" BEER PERM[T Pusateri EnL Inc. Pusateri's Sunday Sales 2400 Central Passed, approved and adopted this 15th day of November, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Kluosner moved adoption of tho Resolution. Seconded by Council Member Vootherg. Curled by the following vote: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, 419 Regular Session, November 15, 1993 Nichoisoo, Robbins, Voothcrg. Nayo-None. RESOLUTION NO, 347-93 Whereas, applications for liquor licenses have been subminod to 1his Council for approval and the same have heon oxamioed and approved, and Whereas, the pRlndses to he occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF TIlE CITY OF DUBUQUE. IOWA: That the Manager he authorized to cause to he issued the following named applicants a Liquor license. CLASS "C" (COMMERCIAL) BEER AND LiQUOR LiCENSE Billy Bucks, Inc. Bi1ly Bucks East SL Tap Sunday Sales 521 E 22nd DOMa Roling & Gary Pfeilor DoMa's Dip Tap 1689 Elm The Ground Round, In.. The Ground Round Sunday Sales 50 IFK Rd Sam Chiu Long Yuen Chinese ResL Sunday Sales 2600 Dodge Kahn Family EnL, inc. Pasta O'Sheas Sunday Sales 395 W. 9th Passed, approved and adopted lhis 15th day of Novemher, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Memher Vootherg. Curled by the following vote: Yeas-Mayo< Brady, Council Memhen Kluosner, Krieg, Nagle, Nicholson, Robbins, Voothcrg. Nayo-Nono. Commnnicadon of Zoning Conunission advising of their approval to reclassify property located West of Hurison SL, East of Locust SL and South of Jones Streets from C-3 to POS District presented and read. Council Memher Vootherg moved that the communication he received and filed. Seconded by Council Memher Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Membors Kluosner, Krieg, Nagle, Nicholson. Robbins, Vootberg. NaYIl-None. An Ordinance Amending Zoning Ordinance by reclassifying property West of ~~~- Hurlaon, East of Locust and Sooth of Jones Streets from C-3 General Commercial District to POS Public Open Space, presented and mod. Council Member Vootherg moved that 1his he consic\crod the lint ro.ading of the Ordinance, and that the requirement that a proposed Ordinance he considOl'!'.d and voted on for passage at two Council meetings prior to the mooting at which it is to he finally adopted he suspended and further moved that a Public Hearing he held on the Ordinance at the Council Mooting of 12-6-93 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 Couoci\ Memb« Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Membors Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nays-None. Communicadon of Zoning Conunission advising of their denial to reclassify properties located East of White Street, South of 12th Street, North of 5th Street and West of Freeway 61/151 from HI to C-4 and MHI Districts, presented and mod. Council Member Krieg moved that the commnnication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Brady, Council Memhers Kluesner, Krieg, Nagle, Robbins. Nays-Council Members Nicholson, Vootherg. An Ordinance Amending Zoning Ordinance by reclassifying property located East of White Street and West of the alley hetwoon White Street and Jackson Street and hetweon 5th & 12th Streets from HI Heavy Industrial dislrict to C-4 Downtown Commercial District and an Ordinance Amending Zoning Ordinance by reclassifying property located South of 12th Street, East of the Alley hetwoon 5th & 11th Streets to Freeway 61/151 from HI Heavy Industrial District to MHI Modified Heavy Industrial District, presented and mod. Council Memher Vootherg moved that they concur with the denial of the Zoning Conunission. Seconded by Council Memher Nicholson. Vote on the motion was as follows: Yeas-Council Members Nicholson, Vootherg. NaYIl-Mayor Brady, Council Memben Kluesner, Krieg, Nagle, Robbins. Motion failed. Council Memher Krieg moved that 1his he considetod the lint reading only of the Ordinances and that they he set fo< Public Hearing on 12-6-93 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner Regular Session, November 15, 1993 420 prescribed by law. Seconded by Counei\ Memboc Robbins. Curled by the following vote: Yeas-Mayor Brady, Counei\ Members Kluesner, Krieg, Nagle, Robbins. Nays-Council Memhen Nicholson, Vootherg. Commnnication of City Manager submitting documents providing for the Alley Roconstrucdon and Sbeet Overlay Projecll in the Downtown Area, presented and mod. Council Member Vootherg moved that the commnnicadon he received and filed. Seconded by Council Momber Krieg. Carried by the following vote: Yoas-Mayor Brady, Council Mombors Kluesner. Krieg, Nagle, Nicholson, Robbins, Vootherg. NaYIl-None. IIFSOLUTION NO. 348-93 PRELIMINARY APPROVAL OF PLANS AND SPECIF1CATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE,IOWA: That tho proposed plans, specificatioos, form of contract and estimated cost for the 1993 P.C. Concrete Alley Reconstruction Project in the estimated amount of $99,157.53, are hereby approved and ordetod filed in the office of the City Clerk for public inspection. Passed, adopted and approved lhis 15th day of Novemher, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Vootherg moved adoptioo of the Resolution. Seconded by Council Momboc Krieg. Curled by the following vote: Yeas-Mayor Brady, Council Memben Kluosner, Krieg, Nagle, Nicholson, Robbins, Voothcrg. NaYII-Nooo. IIFSOLUTION NO. 349.93 FIXING DATE OF HEARING ON PLANS AND SPECIF1CATIONS Whereas, the City Council of the City of Dubuquo, Iowa has given its prelio6nary approval on the proposed plans, specifications, and form of cootract and placed same on file in the office of the City Clerk for poblic inspection of the 1993 P.C. Concrete Alley ReconslrUction ProjecL NOW TIIEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on tho 20th day of December, 1993, a public hearing will he held at 7:30 p.m in the Public library Aoditorlum at which time interested ponons may appear and he heard for or against the proposed plan, and specifications, form of contract and coot of asid improvement and tho City Clerk he and is hereby directed to canso a notice of time and place of such hearing to he publisbed in a newspaper having general circulation in the City of Dubuqoo, Iowa, which notice shall he not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested penon may appear and file objections to the proposed plans, specifications, contract or estimated cost of the improvemenL Passed, adopted and approved this 15th day of Novemher, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Vootberg moved adoption of the Resolution. Seconded by Council Member Krieg. Curled by the following vote: Yeas-Mayo< Brady, Council Memhen Kluesner, Krieg, Nagle, Nicholson, Robbins, Voothcrg. NaYIl-None. IIFSOLUTION NO. 350-93 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE. IOWA: That tho 1993 P.C. Concrete Alley Reconstruction Project is hereby ordered to he advcrdsed fo< bids for construction. BE IT FURTHER RESOLVED, that the amount of tho security to accompany each hid shall he in an amount which shall conform to the provisions of the notice to bidden hereby approved as a part of the plans and specifications heretofore adopted. Tbat the City Clerk is hereby directed to advcrdse for bids for the constructioo of the improvements herein provided, to he published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not he less than four days nor more than twenty days prior to the receipt of slid bids at 2:00 p.m. on the 9th day of Docomboc, 1993. Bids shall he opened and read by the City Clerk at slid time and will he submitted to the Council for final action at 7:30 p.m on the 20th day of December, 1993. 421 Regular Session, November 15, 1993 Passed, adopted and approved this 15th day of Novomber, 1993. James E. Brady Mayor Attest: Mary A. Davis CityCletk Council Memboc Vootherg moved adopdon of the Resolutioo. Seconded by Council Momb« Krieg. Curled by the following volO: Yeas-Mayor Brady, Council Memben Kluesner, Krieg, Nagle, Nichoisoo, Robbins, Vootbcrg. NaYIl-None. RESOLUTION NO. 351-93 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW TIIEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specificatioos, form of contract and estimated cost for the 1993 Asphalt Paving and Alley Reconstruction Project, in the estimated amount of $177,720.80, are hereby approved and ordoted filed in the office of the City Clerk for public inspecdon. Passed, adopted and approved this 15th day of Novemher, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member VootheI\ moved adoptioo of the Resolution. Seconded by Council Memher Krieg. Curled by the following vote: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, Nichoisoo, Robbins, Vootborg. Nay..-None. RESOLUTION NO. 352-93 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Wb«eas, the City Council of the City of Dubuquo, iowa has given its prelio6nary approval on the proposed plans, specifications, and form of contract and placed sarno on file in the office of the City Clerk for public inspection of the 1993 Asphalt Paving and Alley Reconstruction Project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 20th day of Decemher, 1993, a poblic hearing will he held at 7:30 p.m in the Public Libnry Auditorium at which time interested penons may appear and be hoard for or against the proposed plans and specifications, form of cootract and cost of slid improvement, and the City Clerk he and is hereby directed to canso a notice of time and place of such hearing to he poblished in a newspaper having genetal circulation in the City of Dubuquo, Iowa, which notice shall he not Ie.. than four days nor more than twenty days prior to the day fixed for its considcratioo. At the hearing, any interested penon may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, adopted and approved lhis 15th day of Novemher, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member VootbeI\ moved adoptioo of the Resolution. Seconded by Council Memb« Krieg. Curled by the following vote: Yea&-Mayor Brady, Council Memhers Kluesner, Krieg, Nagle, Nicholsoo, Robbins, Vnotborg. NaYIl-Nono. RESOLUTION NO, 353-93 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the 1993 Asphalt Paving and Alley Reconstruction Project is hereby ordetod to he advcrdsed for bids for construction. BE iT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidden hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvomonts herein provided, to he published in a newspaper having general circuladon in the City of Dubuque, Iowa, which notice shall not he less than four days nor more than twenty days prior to, the receipt of said bids at 2:00 p.m. on the 9th day of Decemher, 1993. Bids shall be opened and road by the City Clerk at slid time and will he submitted to the Council for final action at 7:30 p.m on the 20th day of Decemher, 1993. Passed, adopted and approved this 15th day of Novemher, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Regular Session, November 15,1993 422 Cooncil Momboc Vootherg moved adoptioo of the ROIOIution. Secoodod by Council Momboc Krieg. Curled by the following vose: Yeas-Mayor Brady, Council Me- Kluosncr, Krieg, Nagle, Nichoisoo,Robbina, Vootbcrg. Nayo-None. Commnniearion of City Manager requesting public hearing he act on amendment to final S_ment for CDBO 19th Prognsm Year, preaented and read. Council Momboc Vootherg moved that the commnnication he received and filed. Seconded by Cooncil Momboc Kloosner. Carried by the following vote: Yeas--Mayor Brady, Council Momhen Klueaner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nayo-None. RESOLUTION NO. 354.93 RESOLUTION SETI'lNG TIlE DATE OF A PUBLIC HEARING ON AN AMENDMENT TO THE FINAL STATEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT 19m PROGRAM YEAR Wb«eas, in accordance with Federal Regoladons, the City Council of the City of Dubuquo in May, 1993 approved a Final Statement (or use of Community Development Block Grant (CDBG) funds; and Whereas, the rules require that the City amend its Final Statement when a substantial change in the City's stated program is proposed. NOW, THEREFORE, BE iT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the City Council shall conduct a poblic hearing on the 6th day of December, 1993 at 7:30 p.m in the Carnegie Stout Public library Auditorium in the City of Dubuque, Iowa, on a proposed amendment to the Final S_ment for the Commnnity Development Block Grant 19th Program Year. Section 2. That City Clerk is hereby authorized and directed to cause a notice of time and place of such hearing to he published in a newspaper having general circulation in the City of Dubuquo, Iowa as xequirod by the Citi:o:n Purleipation Plan for the Community Development Block Grant Program. Passed, approved and adopted lhis 15th day of Novemher, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Momber VootheI\ moved adoptioo of the Resolution with date of Public Hearing to he 12-6-93 at 7:30 p.m in the Public libnry Auditorium and that the City Clcrk publiah notice in the manner pRl&Crihed by law. Secondod by Council Momboc Kluoaner. Cmied by the following vote: Yeas-Mayor Brady, Council Mombers Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nayo-None. MINUTES SUBM\'ITED Cable Commnnity To1oprogramming Conunission of 1()'26, Five Flags Comndssion of 1()'27, Housing Code Appeals Board of 1().19, Human Righla Comndssion of 9-13, Investment Ovenight Comndssioo of 1()'20; library Board of Trustees of 1()'28; Park & Recreation Commiasion of 1()'12 & 1()'26; Zoning Comndssioo of 10-6, presented and mod. Conncil Momb« Vootherg moved that the o6nutes he received and filed. Seconded by Council Memher Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Memhers Kluosner, Krieg, Nagle, Nicholson, Robbins, Vootheq¡. Nays-None. NOTICES OF CLAIMS/SUiTS -- Giles Edo in the amount of $209.00 for penonal injuries, Dorothy Manseno in the amount of $76.27 for vehicle damages; Diane TeKippo in unknown amount for pononal injuries, presented and mod. Council Memher Vootheq¡ moved that the claims and suits he refened to the Legal Staff for investigation and report Seconded by Council Memher Nagle. Curled by tho following vote: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, Nicholsoo, Robbins, Voetherg. Nays-None. Communicadons of Cmporation Counsel advising the following claims have heon referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Truck damage of Coca-Cola Bottling, Penonal injury of Margaret Garlow; Car damage of Lumhermon's Mutual Casualty Co., for their insured Edward T. Graham, presented and read. Council Memher Vootheq¡ moved that the commnnicadons he received and filed. Seconded by Council Momb« Nagle. Curled by the following vote: Yeas-Mayor Brady, Council Membors Kluesner, Krieg, Nagle, Nicholsoo, Robbins, VoetheI\. Nay..-None. Communicadons of Cmporation Counsel recommending settlement of following claims and recommending Finance Director to issue proper chocks: Car damage of Robert Kohi in the amount of $250.00; Sewer backup of TIm Hosier in the amount 423 Regular Session, November 15, 1993 of$IOS.00; Car damage oflinda L. Howes in the amount of $14g.85, presented ond read. Cooncil Mernb« Vootherg moved that the setdement he opproved and direclod Finance Director to issue the proper check. Seconded by Council Momber Nagle. Carried by the following vote: Ycas-Mayor Brady, Council Members Kluosner, Krieg, Nagle, Nicholson, Robbins, Vootherg. NaYIl-None. Commnnicadon of Milton A. Boy.. appealing the noosettlemenllsetdemont of his claim, presented ond read. Council Member Voetborg moved that the commnnicadon he received and filed. Seconded by Counei\ Momboc Nagle. Curied by the following vote: Yeas-Mayor Brady, Counei\ Members Kluesner, Krieg, Nagle, Nichol...., Robbins, Vootherg. Nayo-None. Proof of Publication 00 List of Claims paid for month of Septemb«, 1993, presented and read. Council Memher Voothetg moved that the proof he rocoived and filed. Secondod by Council Memher Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Memhen Kloesner, Krieg, Nagle, Nicholson, Robbins, Voothetg. Nays-None. STATE OF IOWA ABSTRACT OF VOTES Dubuquo County, Iowa We, the undenigned Memhers of the Board of Supervisors, and ex-officio Board of Canvas-, for Dobuque County, hereby certify the following to he a true and correct abstract of the votes cast in this county at the Dubuquo City Election held on the 2nd day of November, 1993, as shown by the tally lists returned from the sevetal election precincts. For the Office of Mayor of Dubuqoe (One to he clected) there were Fourteen thousand ooe hundred ninety-seven, $14,197 votes cast, as follows: Jim Brady received three thousand ooe hundred forty-six, 3,146 votes Totty Duggan received ten thousand nine hundred ninety, 10,990 votes Seattering rocoived sixty-one, 61 votes. We therefore doclare Totty Duggan duly elected to the office of Mayor of Dubuque for the term of Four Yoan. For the Office of Dubuque City Council At-Large, (One to he elected) there were Thirteen thousand three hundred ninety-eight, 13,398 votes cast, as follows: Elizaheth Mihalakis received Five thousand three hundred, 5,300 votes Dan Nicholson received Eight thousand forty-seven, 8,047 votes Seattering received Fifty-one, 51 votes. We therefore declare Dan Nichol.... duly elected to the office of Dubuque City Council At-Large for the term of Four Yoan. For the Office of Dubuque City Council Ward One, (0.. to he elected) there were Three thousand six hundred seventy-five, 3,675 votes cast, as follows: Kathryn Krieg received Two thousand four hundred seventy-four, 2,474 votes AlIen J. Troupe received One thousand one hundred eighty-nine, 1,189 votes Seattering received Twclve, 12 votes. We therefore declare Kathryn Krieg duly elected to the office of Dobuque City Council Ward One foc the term of Four Years For the Office of Dubuquo City Council Ward Three (one to he elected) there were Three thousand four hundred thirteen, 3,413 votes cast, as follows: George W. Boaves rocoived One thousand three hundted forty-four, 1,344 votes Joseph T. Robbins rocoived Two thousand fifty-five, 2,055 votes We therefore declare loseph T. Robbins duly elected to the office of Dubuque City Council Ward Three for the term of Four Yoan. Upon the Public Measure shall the City of Dubuquo, Iowa ievy a tax in the amount of .27 cents per thousand dollars of assessed valuo for the support of the City library, there were Thirteen thousand five hundred fifty-one, 13,551 votes cast, as follows: For the question there were Five thousand seven hundred fifty-six, 5,756 votes casL Against the question there were Seven thousand seven hundred ninety-five, 7,795 votes casL We therefore declare the public measure to levy a tax in the amount of .27 cents per thousand dollars of assessed valuo for the support of the City library NOT to he adopted. iN TESTIMONY WHEREOF, We have set our hands and caused lhis to he attested by the Clerk of the Board of Supervisors, with the seal of tbiB County. Done at Dubuquo, Iowa, the county seat of this County, lhis 8th day of Novemher, 1993. Donna L. Snñth Chalrponon Alan Manternach limWaller Members of the Board of SupervisoR and ex-officio County Board of Canvassers Attest: Denise M. Dolan County Aoditor and Clerk of the Board of Supervisors Regular Session, November 15, 1993 424 Council Momboc Vootherg moved that the Abstract of Votes he received and filed and made a manor of record. Socondod by Council Momboc Nagle. Curied by the following volio: Yeas-Mayor Brady, Cowrcil Membocs Kluesner, Krieg, Nagle, Nichoison, Robbins, Vootbcrg. NaYII-Nooo. Communicadon of Finance Director submitting the City's Financial Report for month ending Octoboc 31, 1993, ¡naonted and mod. Council Momber Vootherg moved that the commnnicadon he received and filed. Secondod by Council Momb« Nagle. Carried by the following vote: Ycas-Mayor Brady, Cowrcil Mombors Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nayo-None. Communication of City Managèr recommending approval of final plat for Sunset Park 8th Addition, presented and read. Council Member Vootbocg moved that the communication he received and filed. Seconded by Council Memher Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, Nichol...., Robbins, Vootherg. Nayo-None. RESOLUTION NO. 355.93 A ~LUTION APPROVING THE FINAL PLAT OF SUNSET PARK gTH ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has heon filed with the City Clerk a final plat of Sunset Park 8th Additioo in the City of Dubuque, Iowa; and Whereas, upon said final plat apposr street(s) to he known as Welu Drive and Aggie Street, together with certain public utilities, sanitary and storm sewer ....ments which the Ownen by said final plat have dedicated to the public forever, and Whereas, said final plat has heon exandned by the Zoning Conunission and had its approval endorsed thereon subject to the owner(s) agreeing to the couditions noted in Section 2 below; and Whereas, said final plat has heon exandned by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or pablic utilities have yet heon constructed or installed, and Whereas, the City Council concun in the couditions of approval established by the Zoning Comndssion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section I. That the dedications of Welu Drive and Aggie Street, together with the ....menll for poblic utiliti... sanitary sewer and storm lOwer as they appear upon said final plat, he and the aarne are hereby accepted, and Section 2. That the plat of Sunset Park 8th Addition is hereby opproved and the Mayor and City Clerk are hcroby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, ¡novided the owners of said property herein named, execute their written acceptance hereto attached agreeing: L To teduce Welu Drive and Aggie Street to grade and to construct concrete curb and gutter and to hard surface with asphaltic concre1lo, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer and in conformance with construction improvement plans approved by the City Engineer. b. To install sanitary sewer mains and sewer service latetals into each individnal lot, water mains and water service latetals into each individnallot, storm sowen and catch bssins, boulevard street lighting and erooion control devices all in accordance with the City of Dubuque standard specifications and in accordanco with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. c. To construct said improvements, except sidewalks, within one year from the date of acceptance of this resolution, at the sole expense of the subdivider, as owner, or future owner, d. To construct sidewalks in accordance with the requirements of Section 42-24(e) of the City Code, specifically: Sidewalk installation sball he the responsibility of the owner of the property abutting the public right-of-way. The responsibility shall extend to all succosson, heirs and assign.... Sidewalk installation will not he required until the development of the lot has heon completed, except as required herein. in sparsely developed subdivisions, sidewalks on developed 1018 will not he required until 50% of the 1018 approved by the plat have heon developed. All vacant lots shall have sidewalks installed upon devclopment of 80% of the lots approved by the plat. e. To install temporary cul-de-sac(s) at the endofWelu Drive on Lot B, as shown on the approved constroctioo improvement plans. f. AlI construction material and rubble sball he removed from the existing drainage 425 Regular Session, November 15, 1993 swale and he diapooed of u xequirod by Stale and Local onIi........ e. To maintain the public impovements, exoepl sidewalks, for a period of two (2) years from the date of the acceptance of - improvements by the City of Dubuque, Iowa, at the sole expense of the subdivider, as owner, or future owner; h. All iota with less than 60 feet of frontage he allowed only for zero lot line or townhouse structures. And further provided that said Carl Burl>ach and Mary Ann Burbach, as ownen of asid property, shall secure the performance of the foregoing conditions provided in Sectioo 2 by providing security in such form and with such sureties u may be acooptable to the City Manager of the City of Dubuquo, Iowa. Secdon 3. That in tho event Carl Burbach and Mary Ann Burbach shall fail to execute the aocoptance and furnish the security provided in Section 2 hereof wilhin forty- five (45) days after the date of the Resolution, the provisions hereof ,hall he null and void and the aocoptance of the dedication and appRIval the plat shall not he effective. Passed, appRIved and adopted this 15th day of November, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION We, the undcrsigoed, Carl Burbach and Mary Ann Burbach, having read the terms and conditions of the Resolution No. 355-93 and heing fanri1iar with the conditioos thereof, hereby accept this same and agree to the conditioos required therein. Dated in Dubuque, Iowa lhis 17th day of November, 1993. By: Isl Carl Burbach By: Isl Mary Ann Burbach Council Memher Vootherg moved adoptioo of tho Resolution. Seconded by Council Memher Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, Nichoisoo, Robbins, Vœtherg. NaYIl-Nono. Commnnication of City Manager recommending accoplanco of Alley Sanitary Sewer Reconstruction hetwoon Rhomherg &; lincoln Ave. from Farley to Marshall, presented and read. Council Memher Vootherg moved that the communicatioo he received and filed. Seconded by Council Member Nagle. Curled by the following vote: Yeas-Mayor Brady, Council Momhen Kluesner, Krieg, Nagle, Nichelson, Robbins, Vœtherg. Nays-None. RFSOLUTION NO. 356-93 ACCEPTING IMPROVEMENT Whereas, the contract for the Alloy Sanitary Sewer Reconstruction hetween Rbomherg and Lincoln from Farley to Marshall hu heon completed and tho City Manager hu examined the work and filed his certificate stating that the same has heon completed according to the tenna of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that asid impovomont he and the same ia hereby acoopted. BE IT FURTIIER RESOLVED that the City Treasurer he and he is hereby directed to pay to the contractor from Sanitary Sewer Construction Fund in amount equal to the amount of his contract, less any retaioed porcontage provided for therein. Passed, appRIved and adopted this 15th day of Novemher, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Vœtherg1lOved adoptioo of the Resolutioo. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Membors Kloosner, Krieg, Nagle, Nicholsoo, Robbins, Vœtherg. NaYII-Nooo. RESOLUTION NO. 357-93 FINAL ESTIMATE Whereas, the contract for the Alley Sanitary Sewer Reconstruction hetween Rhomherg and Lincoln from Farley to Manhall has heon completed and the City Engineer has submitted his fiual estimate showing the coot thereof including the cost of estimates, notices and inspection and all o6scellaneous COSh: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the coot of said improvomont is hereby deterndned to he $85,113.96 and the said amountshall he paid from Sanitary Sewer Construcdon Fund of the City of Dubuquo, Iowa. Regular Session, November 15, 1993 Passed, oppsoved and adopted lhis 15th day of November, 1993. James B. Brady Mayor Attest: Mary A. Davis City C1erk Council Mcrnher Vœtborg moved adoptioo of tho Resolutioo. Seoonded by Council Memboc Nagle. Carried by the following vole: Yeas-Mayor Brady, Council Membon Kluesner, Krieg, Nagle, Nichoisoo,Robbins, Vœtherg. Nayo-Nono. Communication of City Manager recommending acceptance of Washington Street Sanitary Sewer Roconstrucdoo project from 28th to 30th Streets, pRlsonted and read. Cooncil Momboc Vootherg moved that the communication he received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Memhen Kloosner, Krieg, Nagle, Nicholson, Robbins, Vootborg. Nays-None. RESOLUTION NO. 358-93 ACCEPTING IMPROVEMENT Whereas, the contract for the Washington Street Sanitary Sewer Reconstruction from 28th Street to 30th Street has heon completed and tho City Manager has exandned the work and filed his cerdficate stadng that the same hu heon completed according to tho terms of the contrac~ plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the recommendation of the City Manager he approved and that said impovomont he and the same ia hereby accepted. BE IT FURTIIER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Sanitary Sewer Construction Fund in amount equal to the amount of his COOIrac~ less any retaioed porcontage provided for therein. Passed, approved and adopted lhis 15th day of November, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Memher Vœtberg moved adoptioo of the Resolution. Seconded by Council Member Nagle. Curled by the following vole: Yeas-Mayor Brady, Council Members Kluosncr, Krieg, Nagle, Nicho1soo,Robbins, Vœlbor¡. Nayo-Nooe. RESoLUTION No. 359.93 FINAL ESTIMATE Whereas, the cootract for the Washington Street Sanitary Sewer Roconstrucdon from 28th Street to 30th Street has heon completed and the City Engineer has submitted his fina1estimale showing the coot thereof including the coot of estimates, notices and inspection and all o6sco1laneous coots, NOW TIIEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Secdon 1. That the coot of said impovomont is hereby doterndned to be $92,661.04 and tho said amount shall be paid from Sanitary Sewer Construction Fund of the City of Duhoquo, Iowa. Passed, approved and adopted this 15th day of November, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Vœtberg moved adoption of tho Resolution. Seconded by Council Momber Nagle. Curled by the following vote: Yeas-Mayor Brady, Council Memhers Kluosner, Krieg, Nagle, Nicholsoo, Robbins, Vœtherg. Nays--Nooe. Communication of City Manager recommending acceptance of Purina Drive Sanitary Sewer Extension ~ec~ presented and mod. Council Memher Vœtbocg moved that the communicadon he received and filed. Seconded by Council Memher Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Membors Kluosner, Krieg, Nagle, Nicholson, Robbins, Vœtberg. Nays--None. RESOLUTION NO. 360.93 ACCEPTING IMPROVEMENT Whereas, the contract for the Purina Drive Storm Sewer Extension has heon completed and the City Manager has exandned the work and filed his cerdficate stating that the same has heon completed according 10 the terms of the conlrac~ plans and specifications and recommends it acooptance. NOW TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager he approved and that said 426 427 Regular Session, November 15, 1993 ilDp"Ovcrnent he and the aarne II hereby accepted. BE IT FURTIIER RESOLVED that the City Treasurer he and he is hereby directed to pay to the cootractor from Gencral Obligadon Bonds in amount equal to the arnoont of his cootrac~ less any retaioed porcontage ponvided for therein. Passed, approved and adopted this 15th dsy of November, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Vootherg moved adoptioo of the Resolutioo. Secondod by Council Momber Nagle. Curied by the following vole: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, Nicholson, Robbins, Vœtberg. Nays-None. RESOLUTION NO, 361.93 FINAL ESTIMATE Wbereas, the contract for the Purina Drive Stonn Sewer Extension has heon completed and the City Engineer has subo6tted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all o6scellanoous costs, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CiTY OF DUBUQUE, IOWA: Section 1. That the cost of said ilDp"Ovemont is hereby detemdned to he $41,513.21 and the saidamountshall he paid from General Obligation Boods of the City of Dubuque, Iowa. Passed, approved and adopted this 15th day of Novemher, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Vootherg moved adoptioo of the Resolution. Seconded by Council Mcmher Nagle. Curied by the following vote: Yeas-Mayor Brady, Council Memhers Kluosner, Krieg, Nagle, Nicholsoo, Robbins, Vœlhcrg. NaYII-Nooo. Communication of City Manager recommending acceptance of Lincoln Ave. Sanitary Sewer Rocoostruction project from Humbolt Stteot to Farley Stteo~ presented and read. Council Memher Vœtherg moved that the commnnicadon be received and filed. Seconded by Council Memher Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Momhen Kloosner, Krieg, Nagle, Nicholson, Robbins, Vootherg. Nayo-None. RESOLUTION NO. 362-93 ACCEPTING IMPROVEMENT Whereas, the contract for the lincoln Avenoo Sewer Rocoostruction from Humboldt Stteot to Farley Stteot has heon completed and the City Manager has exandned the work and filed his certificate stating that the aarne has heon completed accotding to the terms of the contrac~ plans and spoclficadons and recommends it acceptance. NOW TIlEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager he approved and that said imponvemont he and tho same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer he and he is hereby directed to pay to the contractor fi'om Snnitary Sewer Construction Fund in amount equal to the amount of his contract, less any retaioed peroontage provided for therein. Passed, approved and adopted this 19th day of Novemher, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Vœtherg moved adoption of the Resolution. Seconded by Council Memher Nagle. Curied by the following vote: Yeas-Mayor Brady, Council Memhers Kluesner, Krieg, Nagle, Nicholson, Robbins, Vœtbocg. NaYIl-Nono. RESOLUTION NO, 363.93 FINAL ESTIMATE Whereas, the contract for the lincoln Avenue Sewer Rocoostrucdon from Humboldt Stteot to Farley Stteot has heon completed and the City Engineer has submitted bis fiual estimate showing the cost thereof including the cost of estimates, notices and inspection and all o6scellanoous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE,IOWA: Section 1. That the cost of said improvement is hereby detemdned to he $40,860.85 and the said amount shall he paid from the Sanitary Sewer Construction Fund of the City of Dubuque, Iowa. Regular Session, November 15, 1993 Passed, approved and adopted this 15th day of November, 1993. Attest: Mary A. Davis CityC1crk James E. Brady Mayor Counei\ Member Vootherg moved adoptioo of the Roso1ution. Secoodod by Council Memboc Nagle. Curled by the following vote: Yeas-Mayor Brady, Council Members Kluosner, Krieg, Nagle, Nichoisoo, Robbins, Vœtberg. Nayo-Nooo. Communication of City Manager xequesting approval to subndt "Reqoost for Funds" for CDHO ponjoc~ pRlsented and reac!. Council Mcrnher Vootherg moved that the commnnication he received and fi1od. Seconded by Council Memher Nagle. Carried by the following vote: Yeas-Mayor Brady, Connci1 Memhen Kluosner, Krieg, Nagle, Nicholsoo, Robbins, Vœtherg. NaYIl-None. RESOLUTION NO. 364.93 RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR RELEASE OF FUNDS FOR CERT AIN COMMUNITY DEVEWPMENT BLOCK GRANT PROJECT Whero.as, the City of Dubuque completed an environmental assessment of the following projects to he funded in the Commnnity Development Block Grant: Eagle PoInt & W.C. Brown Commnnicadons In.. Projects; and Whero.as, pursuant to Resolution No. 339- 93, adopted November I, 1993,public notice of a "Finding of No Significant Effect 00 the Environment" for the above ponjects was published November 3, 1993, in the Dubuquo Teleoraph Herald and ponvided for a public commont period until 12:00 noon, Fridsy, November 19, 1993, and Whero.as, pablic notice of a "Finding of No Significant Effect on the Environment" for the ponjects was sent by regolar mail to various fodcra1, state and local public agencies and to the local news modia, individuals and groups known to he interested and helieved to he appropriate to receive such a public notice; and Whereas, any and all objections, if any, to such proposal have heon doly considered, and Whereas, it is the intent of the City Council to authorize the submissioo of a request to the U.S. Department of Housing and Urban Development for the rei.... of funds to cury out the above identified projects. NOW, TIIEREFORE, BE IT RESOLVED BY TIlE CiTY COUNCIL OF TIlE CITY OF DUBUQUE. IOWA: Secdon 1. That the environmental review record for the projects shall cootinuo to remain on file in tho Office of the City Clerk where said record may he exandoed and copied by any interested party. Secdon 2. That the Mayor of the City of Dubuquo u hereby authorized and directed to subndt to the U.S. Department of Housing and Urban Development seven (/) dsys after publication of appropriate notice a Requost for Rcleaso of Funds to undertake the said projects. Secdon 3. That the Mayor of the City of Dubuquo is hereby authorized to oonsent to assume the status of a responsible federal official under the National Environmental Protection Ac~ insofar as the ponvisions of the said Act apply to the U.S. Deportment of Housing and Urban Development responsi- bilities for review, decision making, and action assumed and canied out by the City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuquo is hereby authorized to consent personally, in his official capacity and on hehalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an acdon is brought to enforce responsibilides in reladon to enviroomental review, decision making, and action. Secdon 5. That the Mayor of the City of Dubuquo he and he is hereby authorized and directed to execute a cordfication pertaining to the environmental review procedures. Section 6. That the City Clerk he and she is hereby authorized and directed to publish a public notice for a Request for Release of Funds and Ccrdfication attacbod hereto and made a part hereof. Passed, approved and adopted this 15th dsy of November, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Vœtherg moved adoptioo of the Resolutioo. Seconded by Council Member Nagle. Curied by the following vote: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, Nicholson, Robbins, Vœlhcrg. NaYIl-None. Communication of City Manager requesting to publish notice of Environmental Findings for the Vessel Systems, Inc., pRlsented and read. Council Member Vootherg moved that the 428 429 Regular Session, November 15, 1993 commnnicadon he received and filed. Secondod by Council Member Nagle. Carried by the following vote: Yeas-Mayor Brady, Council Mombors Kluesner, Krieg, Nagle, Nicholson, Robbins, Vootherg. NaYIl-None. RF80LUTION NO. 365-93 RF80LUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVEWPMENT BLOCK GRANT PROJECT Whereas, the City of Dubuque has entered into a Grant Agreomont for the Fiscal Year commencing July I, 1993, with the U.S. Department of Housing and Urban Developmen~ providing for financial assistance to the City under Title i of the Housing and Community Development Act of 1974, as amended, and Whereas, punuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter described project to he financed with Community Development Block Grant funds, and Whereas, the Community and Econoo6c Development Department has, after due considention, made a detennination that the project is not a major federal action significantly affecting the quality of the buman environment NOW THEREFORE, BE IT RESOL \ BY THE CiTY COUNCIL OF THE C, OFDUBUQUE,IOWA: ' Section 1. That the City Clerk he and she is hereby authorized and directed to poblish a Notice of Finding of No Significant Effect on tho Environment for the following identified projects and to make the Environmental Review Record for said projects available for pablic inspection. Such notice shall he in the form of Exhibit "A" atlacbed hereto and made a part hereof. Vessel Systems, Inc. Section 2. That tho City of Dubuque hereby doclaros its intent to adopt a resolution at its meeting of Docomher 6, 1993, authorizing the subo6ssion of a xequost to the U.S. Dopartmont of Housing and Commnnity Development to underlake the abuve-mendoned project Passed, approved and adopted this 15th day of November, 1993. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Vootherg moved adoptioo of the Resolution. Seonnded by Council Member Nagle. Curiod by the following vote: Yeas-Mayor Brady, Coancil Memben Kluesner, Krieg, Nagle, Nicholsoo, Robbins, Voothcrg. NaYIl-Nooe. There being no further business, Council Memb« Vootherg moved to adjourn the meeting. Seconded by Council Member Nagle. Curiod by the following vote: Yeas-Mayor Brady, Council Memhen Kluosner, Krieg, Nagle, Nicholson, Robbins, Vootheq¡. NaYIl-None. Meedng adjouroed at 9:26 p.m Council MCQ1bers , » Attest: \,! j '1</;/ L.t'I'L//! {ï¿¿4{'fJ;¡:J,. ~j{'1 City Clerk Couler Valley Urban Drainage DIstrict, December 6, 1993 430 CITY OF DUBUQUE COULER VALLEY URBAN DRAINAGE DISTRICT QUARTERLY MEETING Quarterly Meodng, Monday, Docomber 6, 1993 District mot at 6:30 p.m Public Library Auditorium Preaent: Mayor Brady, Council Momhen Kluesner, Krieg, Robbins, Voothorg. Absent: Council Memhen Nagle, Nicholson. Chairperson Brady read the call and Slated this is the Quarterly Sessioo of the Couler Valley Urban Drainage District called for the purpose. to act upon sucb business whicb may properly come before the members. Communication of City Manager recommending execution of coutract with llW Engineon and SurveyOR for storm water stndy and design of FIexsted Industries projec~ presented and read. Council Member Kluosner moved that the communication he received and filed. Seconded by Council Member Vootherg. Carried by the following vote: Yeas-Mayor Brady, Council Members Kluosner, Krieg, Robbins, Vootherg. Nays-No.... Absent-Council Memhers Nagle, Nicholsoo. RF80LUTION NO. 366-93 RESOLUTION APPROVING CONTRACT FOR ENGINEERING SERVICES FOR FLEXSTEEL INDUSTRIES DRAINAGE IMPROVEMENT Whereas, on August 17. 1993, the City Council authorized work to he performed by llW Engineon and Surveyors, P.c. on the storm water stndy and the design of the drainage improvements at FIexsteel Industries; and Whereas, a formal contract was not executed at that time with IiW Enginoen and Surveyors. P.C NOW, THEREFORE, BE iT RESOL YED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. That the contract for engineering services relating to the study and the design of tho dnsinage improvements at FIexsteo1lndustrioa dated October 6, 1993 he approved. Section 2. That the Mayor is hereby authorized and directed to sign ssid contract for engineering services on behalf of the City of Dubuque. Passed, approved and adopted lhis 6th day of Decomboc, 1993. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesner moved adoptioo of tho Rosoiutioo. Seonnded by Council Momber Vootbeq¡. Carried by the following vote: Yea&-Mayor Brady, Council Mombon Kluesner, Krieg, Robbins, Vootheq¡. Nays-None. Absent-Council Membon Nagle, Nicholson. Council Member Kluesner moved that the Le8al Slaff be instructed to draw up documents providing lhis Joint Board as a single entity. Seconded by Council Member Robbins. Carried by tbe following vote: Yeas-Mayor Brady, Council Members Kluesner, Krieg, Robbins, Vootberg. Nays-None. Absent-Council Memhers Nagle, Nicholson. Communication of City Manager recommending amendment to FIexsteol Drainage Improvement Agreement dated Septemher 10, 1993, presented and read. Council Memher Kluesner moved that the commnnication be received and filed. Seconded by Council Member Voothoq¡. Carried by the following vote: Yeas-Mayor Brady, Council Memben Kluesner, Krieg, Robbins, Vuetberg. Nays-None. Absent-Council Members Nagle, Nicholson. RFSOLUTION NO, 367-93 RF80LUTION AMENDING THE .'LEXSTEEL DRAINAGE IMPROVEMENT AGREEMENT Whereas, on September 10, 1993 an agreement was executed between tho City of Dubuque, the Connty of Dubuque, and FIcxsteol Industries, Inc. providing for a drainage improvement on FIexstcel Industries. Inc. property: and W be""",. I'lexsteol !ndustrics Inc. has requested an amendment to said agreement NOW, THEREFORE, BE IT RESOL YED BY TilE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. lbat the Flexsteol Drainage Improvement Agreement dated September