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1992 April Council Proceedings113 Regular Session, April 6, 1992 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, April 6, 1992. Council member at 7:30 p.m., Public Library Auditorium. Present: Mayc~ Brady, Council Members Deich, Kluesner, Kfieg, Nagie, Niaholson, Voetbe~g, City Manager W. Kenneth Gearhart, Coq0oration Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the Regular Session of thc City Council culled for the purpose to ~ct upon such business which may properly come befca'e the Council. Invocation was given by Rev. David Pacholke, Chapialn of The Finley Hospital PROCI~MATIONS -- Month of April as "Alcohol Awareness Month" received by Ruth Turuls; Month of April as "Child Abuse Pl~vention Month" received by Sue Davison & Margie Koranda; Month of Apill as "Fair Housing Month" received by Charles Azebeokhai; April 5-11 as "National Li~ary Week" received by Mike McKinley; April 23 as "Retired Senior Volunteer Program Day" May 8 as "Sertoma Candy Day" received by Harry Althaus. Pat Prevanas, Recreation Division Manager presented a Certificate of Appreciation to City Employem Bill Burke. Youth In Governn~nt officials - Mayor Brady swore in Youth May~ Charlie Silvcrberg. Youth Mayor Silverberg sworein Youth Council Members Craig White, Joe Maloney, Tim Hlas, Steve Smrelna, Makela Mangrich and Tara Decker, Youth City Manager Karen Meyer, Youth Coq~oration Counsel Grant Manning and Youth City Clerk Anne Specht. BOARDS AND COMMISSIONS APPOINTMENTS ZONING BOARD OF ADJUSTMENT One Five Year Term which will expire 3-25-97 (Term of P. Pearson): One Vacancy. Applicant: Patilcia Pearson, 1057 Auburn. Council Member Kiuesner moved that Patricia pearson be reappointed to the Zoning Board of Adjustment for a five year term which will expire 3-15-97. Seconded by Council Member Kdeg. Carried by the following vote: Yeas---Mayor Brady, Council Members Delch, Kiuesner, Krlng, Nagle, Nicholson, Voetberg. Nays--None. CIVIL SERVICE COMMISSION One Six Year Term which will expire 3-31-98 (Term of G. Koppes). One Vacancy. Applicants: Tom Rawson, 2310 Knob Hill. Mayor Brady appointed Tom Rawson to the six year term on the Civil Service Commission. Council Member Nicholson moved to concur with the appointment. Seconded by Council Member Nagin. Canied by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays---None. Council Member Voetberg moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Council Member Nagle. Canied by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Nagie, Nicholson, Voetberg. Nays--None. Petition of Dave Rusk to make an orul presentation on Closing Financial Summary of Vision 2000, presented and read. Council Member Voetberg moved that the petition be received and filed. Seconded by Counull Member Nicholson. Caniud by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Kfiag, Nagle, Nicbolson, Voatberg. Nays~None. Dave Rusk spoke and re, quested that consideration be given to using unused funds to earmark to appropriate planning activities. Council Member Krieg moved that it be resolved to prepare a Resolution endorsing Vision 2000. Seconded by Council Member Nagle. Carried by the following vote: Yeas.---Mayor Brady, Council Members Deich, Kluesner, Kring, Nagle, Nichulson, Voetberg. Nays--None. Communication of Attorney Al Hughes, representing property owners who reside in the immediate neighborhood of 560 Maplewood Court, ~xlueadng to uddmss the Council regarding the enforcement to comply with existing zoning laws on this premise and communication of City Manager responding to communication of Mr. Hughes, and recommending document be received and flied because the 30 day appeal Regular Session, April 6, 1992 114 period to district court has elapsed, presented and read. Council Member Kluesner r that the communications be received and filed. Seconded by Council Member Nicholson. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Nagle, Voetberg. Nays---None. Attorney Al Hughes spoke objecting to the elderly housing mage of 560 Maplewood Council Member Kluesner moved to refer the matter to staff to review operations with State and request Corporation Counsel to seek opinion from Attorney General, Seconded by Council Membe~ Kfieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kinesner, Kring, Nagle, Nicholson, Voetberg. Nays--None. Communications of Corporation Counsel Lindahl regarding the Ad Hoc Comnflttee on Investment, presented and read. Council Member Khiesner moved that the coron~uni- cations be received and filed. Seconded by Council Member Voetbevg. Carried by the followlng vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Krieg, Nagle, Nichulson, Voetberg. Nays--None. Vegoai petition of Council Hicholson requesting clmification of whether Keyline buses can be re-manufactured with wheel chair lifts, upon consensus it was decided to insh'uet Staff to proceed with Engineering Analysis to get costs of study. 9:18 p.m. Council recessed; 9:36 p.m. Council reonnvened. Petition of Tbed Gavin, objecting to newiy-established two-hour parking zone on Stewart Street and requesting removal of same as soon as possible, presented and read. Council Member Kluesner moved that the potillon be received and filed. Seconded by Council Member Nngle. Canied by the following vote: Yeas--Mayor Brady, Council Members Deleh, Kluesner, Krieg, Nagle, Nichulson, Voetberg. Nays--None. Mr, Gavin spoke and submitted an additional petition. Counell Member Nicholson further moved that the petition be referred to Staff for further investigation. Seconded by Council Member Deiah. Can-iud by the following vote: Yeas--Mayor Brady, Counell Members Deieh, Kiuesner, Krieg, Nagle, Nicholson, Voetberg. Nays---None. Petition of Ray Fuller requesting to address the Council regarding the fact finding on property at 607 and 609 East 22nd Slreet. presented and read. Mr. Fuller spoke requesting clearance to open a business. Council Member Nagle moved that the petition be received and Fried. Seconded by Council Member Nicbolson. Canied by the following vote: Yeas--Mayor Brudy, Council Members Deich, Kluesner, Kfieg, Nagle, Nicholson, Voetberg. Nays~None. Communication of City Manager request- ing direction relating to traffic control options on the propo~ad re. surfacing of Central Avenue from 20th Street to 32nd Street, presented and read. Council Member Ksieg moved that they concur with thc recommendation. Seconded by Council Member Nicholson. Can'iud by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Kring, Nagie, Nicholson, Voetberg. Nays--None. Communication of City Manager submit- ting resolution to increase the daily parking rates in the City's parking ramps, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Nagle. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Tom Graham and Paul Elmer spoke recommending approval of resolution. RESOLUTION NO. 9%92 A RESOLUTION ESTABLISHING THE FEES AND CHARGES FOR PARKING OF MOTOR VEHICLES IN THE MUNICIPAL PARKING GARAGES. Whereas, the City of Dubuque, Iowa, has established a schedule of fees and charges for parking of motor vehicles in the municipal parking gazages; and Whereas, the enabling ordinance specifies that the fees and cha~ges shail be established by the City Manager with the approval of the City Council. NOW THERF~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the aUachud schedule of fees and charges for parking of motor vehicles in the municipal parking garages is hereby approved effective April 15, 1992, 115 Regular Session, April 6, 1992 Passed, approved and adopted this 6th day of April, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk CITY OF DUBUQUE SCHEDULE OF FEES AND CHARGES FOR PARKING GARAGES 0Locust Ramp) Night Gat~ Operation Council Member Kriog moved adoption of the Resolution with effective date of April 15, 1992. Seconded by Council Member Nagle. Carried by the following vote: Yces~Mayor Brady, Council Members Deich, Kluesner, Kfiog~ Nagle, Nichol~on, Voetbe~g. Nays--None. Communication of City Manager recom- mending approval of a grant application for funding of equipment and supplies for the D.A.R.E. Program through a grant from the Governor's Alliance on Substance Abuse and requesting Mayor be authorized to sign the application, presented and read. Council Member Vootberg moved that the communi- cation be received 'and filed and approved application. Seconded by Council Member Dalch. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Klucsner, Kriog, Nagie, Nicholson, Voetberg. Nays--None. Communication of City Manager ~lneSt- ing Council approval for participation by the Police Department in a Dubuque Drug Task Force Grant for a total amount which would not exceed $7,860.00, pre-sented and read. Council Member Voetberg moved that the conunudication be received and filed and approved Police participation. Seconded by Council Member Kinesner. Carried by the following vote: Yeas---Mayor Brady, Council Members Dcich, Kinesner, Krieg, Nagie, Nicholson, Voctberg. Nays--None. Communicalion of City Manager responding to re, quest from Kenneth & Carol Simon for the vacating of alley between Cox Street and Elizabeth Place and requesting Council to give pralin~anry approval regarding vacating request, presented and read. Council Member Vomberg moved that the communication be received and filed and gave prelin~nmy approval. Seconded by Council Member Nagle. Carried by the following vote: Ycas~Mayor Brady, Council Members Deich, Klnesner, IOieg, Nagie, Nicholson, Voetberg. Nays--None. Petition of Dubuque Southgate Development LM. requesting Council to affix the petition and communicalion be received and filed. Seconded by Council Member Naglo. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krleg, Nagie, Nicholson, An Ordinance changing the nan~ of Lot I of Southgate Center, adopted by Resolution No. 474-90. to Gate Way Drive for that portion of Lot 1 of Sonthgate Center moning North and South parallel to Highway 61/151 and to Stone Hifi Drive for the portion of Lot 1 of Southgate Center running East and Perpendicular to Gateway Drive and Highway 61/151, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 25-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA CHANGING THE NAME OF LOT 1 OF SOUTHGATE CENTER, ADOPTED BY RESOLU- TION NO. 474-90, TO GATE WAY DRIVE FOR THAT PORTION OF LOT 1 OF SOUTHGATE CENTFR RUNNING NORTH AND SOUTH PARALLEL TO HIGHWAY 61/151 AND TO STONE HILL DRIVE FOR THE PORTION OF LOT 1 OF SOUTHGATE CENTER RUNNING EAST AND PERPENDICULAR TO GATEWAY DRIVE AND HIGHWAY 61/151. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That Lot I of Southgate Center, as adopted by Resolution No. 474- 90, and rocordad aa Reference Instrument No. 138-91 be changed to Gate Way Drive for thc portion of Lot 1 of Southgate Center running north and south parallel to Highway 61/151 and to Stone Hffi Drive for the Regular Session, April 6, 1992 116 portion of Lot 1 of Southgate Center running east and perpendicular to Gate Way Drive and Highway 61/151. Seetlon 2, That the sarm~ is authorized and directed to record a certified copy of the ordinance in the Office of the County Recorder and County Auditor of Dubuque County, lowa~ Se~lon 3. This ordinance shall be in fuli fo~e and affect from and after its final passage, adoption and poblica6on aa provided by law. Passed, approved and adopted this 6th day of April, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this frith day of April, 1992. Mary A. Davis It 4/10 City Ciurk Council Member Voetbe~g moved that this be considered the first reading of the Ordinance, and that the reqalremont that a proposed Ordinance be considered and voted on for passage at two council mceilngs prior to the me~ting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kriog, Nagie, Nicholson, Vontberg. Nays--None. Communication of City Manager submitting resolution aut~rizing the distribution of Community Partnership Program (op2) funds, presented and read. Council Member Voetberg moved that the communication be received and fried. Seconded by Connuil Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kriog, Nagle, Nicholson, Voetberg. Nays--None. RE,~OLUTION NO. 98-92 RESOLUTION AUTHORLZING TItE AWARD OF COMMUNITY PART- NERSHIP PROGRAM (cp2) FUNDS Whereas, under the provisions of Title I of the Housing and Community Devalopmant Act of 1974, as amended, the City of Dubuque has received Commuhity Development Block Grant (CDBG) funds for the development and maintenance of a viable urban community through the provision of decent housing, a suitable living environment and expaaded economic opprlrtunitics for its residents, particulalty those persons of low and moderate income; and Whereas, the Community Partnership Program (cp2) wa~ devaloped in response to the national goals and objectives of the CDBG program and the City of Dubuque's desire to encourage, on a local level, new and innovative private and nonprofit efforts to enhance and improve the llvabillty of the community, particularly for persons of low and moderate incomes; and Whereas, guidelines for the implementation and administration of the Community PaRnership Program (op2) have been developed by the City Council and worn approved by Resolution No. 256-91 on August 5, 1991. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Council hereby approves a grant of cp2 funds in an amount not to exceed $13,000 for the St. Stephen's Food Bank's rehattvest project. Section 2. That the City Council hereby approves a grant of cp2 funds in an amount not to exceed $19,600 for the Gan non Center for Community Mental Health's office project. Seolion 3. That the City Manager be and he is hereby anthorized to develop and execute contracts with rc'presentatives from the St. Stephen's Food Bank and the Gannon Center for Community Mental Health in accordance with the program guidelines established for the Community Parmorship Program and the Community Development Block Grant Program. Section 4. That upon execution of said contracts, the City Manager is hereby authorized and directed to disburse program funds in support of the approved projects and in accordance with the terms and conditions established in said contxacts. Passed, approved and adopted this 6th day of April, i992. James E. Brady Mayor Attest: Mary A. Davis City Clerk 117 Regular Session, Apr!l 6, 1992 Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Canied by the fofiowiag vote: Ycas~Mayor Brady, Council Members Dclch, Klucsner, Krlag, Nagle, Nicholson, Voetberg. Nays None. Communication of City Manager requesting authorization to submit a Comprehensive Housing Affordability Strategy to the H.S. Daparlmcnt of Housiog and Urban Development, p~sentnd and mad. Council Member Voetberg moved that the communication be received and filed. SecOnded by CounCil Member Kluesncr. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesanr, Kriag, Nagle, Nicholson, Voetberg. Nays -Nune. RESOLUTION NO. 99-92 RESOLUTION AUTHORIZING THE SUBMISSION OF A COMPRE- HENSIVE HOUSINO AFFORD- ABILITY STRATEGY (CHAS) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Whereas, thc National Affordable tlousing Act which became law in December, 1990, established a requirement that state and local governments that apply for direct assistance under certain federal programs have a Comprehensive Housing Affordability Strategy (CHAS) that is approved by the U.S. Department of Housing and Urban Development (HUD); and Whereas, the City of Dubuque will apply for direct assistance under federal programs that are subject to the CHAS reqalrement4 and Whereas, a CHAS has been prepmed for the City of Dubuque which document is hereto attached and by this reference made a part hereof; and Whereas, a notice of thc availability of the CHAS for review and comment by thc public was published in the Telegraph Herald on February 14, 1992, a public hcarlng was held on March 3, 1992, and the City's Housing Commission and Long Range Planning Commission have reviewed and commented on the CHAS; and Whereas, thc sixty-day public review period for the CHAS will end on April 14, 1992, and may be submitted for HUD approval after that date. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That thc Mayor be authorized and directed to sign thc attached Comprcben- sivc Housing Affordability Strategy (CHAS) for the City of Dubuque, Iowa. Section 2. That thc City Manager be authorized and directed to submit the CHAS along with all comments received following the public review period to the U.S. Department of Housing and Urben Deye!opment. Passed, approved and adopted this 6th day of April, 1992. James E. Brady Mayor Attest: Ma~y A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluusner, Kriag, Nagle, Nicholson, Voetberg. Nays--None. Communiemion of City. Manager requesting approval of an application for funding under the HOPE III Program, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by ~ouncil Member Nicholson. Carried by thc following vote: Yeas--Mayor Brady, Council Members Deich, Klucaner, Kriag, Nagle, Nicholson, Voetberg. Nays---None. RE~OLUTION NO. 100-~2 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR HOPE 11I PROGRAM FUNDING Whereas, the City of Dubuque endorses HUD's initiative of cmpowesing families through homeownership; and Wbereas, the City, ~ a participant in thc Project Self-Sufficiency Program :fince 1984, recognizes the effectiveness of the self- sufficiency model in achieving ecunomic independence; and Whereas, thc City, a~ part of its economic and community development activities, strives to assist local nonprofit agencies in Regular Session, April 6, 1992 118 building their capacities to serve lower income families; and Wbereus, the Department of Housing and Urban Development has made available competitive funds with which to achieve these goals, through thc HOPE Ill Program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~hin L The Mayor is authorized anc directed to submit an application to thc U.S. Department of Housing and Urban Development f~' HOPE I11 Program Funds. Section 2. The City Manager is hereby authorized and directed to forward said application, certifications and resulting standard executed conteact in a timely fashion to thc Department of Housing and Urban Development. Passed, approved and adopted this 6th day of April, 1992. Attest: Ma~ A. Davis City Clerk Council Mumber James E. Brady Mayor Vuntberg moved adoptioa of the Resolution. Seconded by Coun(fl Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Coundl Members Dc'ich, Kluusner, Kfiag, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 101-92 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with thc provisions of law relating to thc sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. David Shcehan Sh~han Amoco 205 Locust St. Passed, approved and adopted this 6th day of April 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Deich moved adoption of the Resolution. Seconded by Council Member Nicbulann. Carried by the following vote: Yeas---Mayor Brady, Council Members Dcich, Kluesne~, Kdag, Naglc, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 1ll2-92 Wberea~, Applications for Beer Permits have been submitted and filed to this Council for approval and thc same have been examined and approved; and Wbereas, the premises to be occupied by sucb applicants were iuspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED BY TltE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA; That thc Manager be authorized to caose to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT S & D Concessions, Inc. 1 Admiral Sheebey Dr. Sunday Sales CLASS "C" BEER PERMIT Wareco System of Iowa # 662 Wareco Sunday Sales 700 Rhomberg Passed, approved and adopted this 6th day of April, 1992. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kriag, Nagle, Nicholson, Voetbevg. Nays---None. RESOLUTION NO. 103-92 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been cxamlncd and approved; and Whereas, thc premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have Filed proper bends; 119 Regular Session, April 6, 1992 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUF~ IOWA: That the Manager be authorized to cans~ to be i~sned the following anmed applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Sad Cafe, Inc. Rainbow Lounge Sunday Sales 36 West 4th St. Lisa Jacobsen The Ryan House Sunday Sales 1375 Locust St. Judith A. Botsford Betsy's 1027 Rhomi~rg Ave Knights of Columbus Council # 510 Sunday Sales 781 Locust St $cannino A. Kersch Idle Hour Sunday Sales 1555 Central Ave John Noonan Noonan's Tap Sunday Sales 1618 Central Ave Perron Ente~as,ino. Fat Tuesday's 1121 University Passed, app~ved and adopted this 6th day of April, 1992. larnes E. Brady Mayor Attest: Mm'y A. Davis City Clerk Council Member Deich moved adoption of the Resolution. S~conded by Council Member Nicholson. Carded by the following vote: Ye~as--Mayor Brady, Council Memh~s Dnich, Klcesner, Kring, Nagle, Nichnlson, Voetberg. Nays--None. Petition of owners of Lots 1-10 and Lot A of Country Springs No. 2, requesting Council rescind Rasolution No. 58-92 approving fiaal plat of said property, adopted by the Council on February 17, 1992, and further requesting nccessa~ security that was filnd be raleased, presented and read. Council Member Voctberg moved that the petition be received and filed. Seconded by Council Member Nichnlson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kricg, Nagle, Nichol~on, Voetberg. Nays---None. RESOLUTION NO. 104-92 A RESOLUTION RESCINDING THE PREVIOUSLY APPROVED RESOLUTION NO. 58-92 FOR THE FINAl. PLAT OF LOTS 1 THROUGH I0, BOTH INCLUSIVE, AND LOT A OF COUNTRY SPRINGS SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, IOWA. Wbe~as, Resolution No. 58-92 approved the final plat of Lots 1 through 10, both inclusive, and Lot A of Country Springs Suhdivlsion No. 2 in the City of Dubuque, Iowa; and Wbere~, the owners have accepted the terms and conditions of Resolution No. 58-92 and have submitted the requhed security to the City of Dubuque; and Whereas, the owners have xuqnested thc City Council rescind Resolution No. 58-92 and release the security for said Resolution due to title problems that exist on purdons of the property. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section L That Resolution No. 58-92 is hereby rescinded and nullified for the final plat of Lots I through 10, both inclusive, and Lot A of Country Springs Subdivision No. 2 in the City of Dubuque, Iowa. Se~lou 2. That the City Council hereby directs the City Clerk to release the security which was filed on March 19, 1992 for Resolmion No. 58-92. Passed, approved and adopted this 6th day of April, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Nichnlson. Carried by the following vote: Yeas---Mayor Brady, Council Members Dcich, Klucsner, Krieg, Nagin, Nicholson, Vootberg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Public Heating to comider vacating of easement in land comprising Country Spring~ Subdivision No. 2 and communication of Count~ Springs Partnership requesting withdrawal of Regular Session, April 6, 1992 120 application fc~ vacaton of easements in Countmy Springs Subdivision No. 2 due to tide F~bhin~ that we~ unknown at the time of plating, presented and read. Council Member Voatberg moved that the p~of and communication hn lwceivad and filed. Seconded by Council Member Nichoison. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagin, Nichoison, Voetberg. Nays--None. Proof of Publication certfied to by the Publisher on Notice of Public Hearing on Plans and Specifications for the Keyline Transit Facility Slop Floor Replacement project, p~sented and read. There were no written objcctons received and no oral objectom present at the time of the ltcafing. Council Member Voctberg moved that the proof of publication be received and filed. Seconded by Council Member Nagle. Carded by the following vote: Ye. as--Mayor Brady, Council Member~ Deich, Kinesocr, Krieg, Nngin, Nicholsoa; Voetberg. Nays--None. RESOLUTION NO. 105-92 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 26th day of February, 1992, plans, specifications, form of contract and estmetad cost were filed with the City Clerk of Dubuque, Iowa for thc Keyline Transit Facility Shop Floor Replacerneat. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That thc said plans, speclllcatons, form of contract and estimated cost me hereby approved as thc plans, specifications, form of contract and estmated coat for said improvem~ats for said project. Passed, adopted and approved this 6th day of Ap~l, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voetberg moved adoption of the Resolndon. Seconded by Council Member Nngle. Carded by thc following vote: Yeas~Meyor Brady, Council Members Dcich, Kluasner, Kfing, Naglc, Nicholson, Voetberg. Nays--Noec. Proof of Publication certified to by the Publisher on Nmice to Bidders on the Receipt of Bids for project and communi- cation of City Manager recommending to award conffact for projeat, presented and reati. Council Member Vootberg moved that the proof of publication and commuul-cafion bc received and filed. Seconded by Council Member Naghi. Canied by the following vote: Yeas--Mayor Brady, Council Members Dulch, Kluesner, Krleg, Nagle, Nichnlson, Voatberg. Nays--None. RESOLUTION NO. 10S-92 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Keylinc Transit Facility Shop Floor Replacement pursuant to Resolution No. 76-92 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of March, 1992. Whereas, said sealed proposals were opened and read on ~e 26th day of Man:h, 1992 and it has been determined that the hid of Edwards Concrete Contfacte~s of Dubuque, Iowa in the amount of $36,903.49 was the lowest hid for the fmnishiags of all labor and material~ and perfom'fing thc w~k as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Edwards Concrete Contrm:tors, subject to concurrence of the Federal Transit Authority (formerly UMTA) and the Manager be and is hereby directed to execute a con~act on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and thc approval of the contractor's bond, ~hc City Treasurer is authorized ami instruated to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of April, 1992. James E. Brady Mayor 121 Regular Session, April 6, 1992 Att~t: Mary A, Davis City Clerk Council Member Vo~tberg moved adoption of tlc Resolution. Seconded by Council Member Nagin. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Klue~ner, Kfing, Nagle, Nicholsun, Voetherg. Nays--None. Proof of Publication certified to by the Pnblishar un Notice of Public Heau/ng to consider an Ordinance providing for an exlx~nsinn of Target Store in Warren Plaza, Pl~sented and read. Council Member Voetberg moved that the proof of puhii- cation be recdved and filed. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Brady, Council Members Dnich, Klueaner, Kflag, Nagle, Nicholson, Voetherg. Nays--None. An Ordinance Providing for the amendment of Ordinance No. 43-91 providing for an expansion of Target in Warren Plaza PC Planned Commercial District at 3500 Dodge Street, said Ordinanca having been presented and read at the Council Meeting of March i6, 1992 presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 26-92 AN ORDINANCE OF THE CITY OF DUBUQUB, IOWA PRO-VIDINO FOR THE AMENDMENT OF ORDINANCE 43-91 PROVIDING FOR AN EXPAN-SION OF TARGET IN WARREN PLAZAPC PLANNED COMMER-C/AL DISTRICT AT 3500 DODGE STREET. Whereas, Dayton Hudsun Corporation, applicant, has filed an application for approval of an amended conceptual development plan in accordance with provisions of thc PC Harmed Commercial District regulations as set forth in Section 3-3,8D of the Cede of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission has held a public hearing on said application for an an~nded conceptual development plan pursuant to required published notice; and Whereas, the Zoning Commission has approved said armnded conceptual develcp- merit plan subject to specific conditions and resections having found that said plan conforms with thc review stsndmMs applicable to such plans as set forth in Section 3-3.gD(4) of the Code of Ordi- naaces, Appendix A thereof, of the City of Duhaque, lowa; and Whereas, thc Zoning Commission recommended the cuncmxunce of thc City Council and approval of said amended conceptual devalopmcnt plan; and Whereas, the City Council has received the reoommcedation of the Zoning Commission and held its own public hearing on said an~nded conceptual devniopn~ent plan pursuant to reqnired published notice; and Whereas, thc City Council has approved said amended conceptual development plan subject to thc same spccfilc conditions and resUictions. NOW, THERfil~ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sactinn 1. That in orde~ to accomplish thc proposes of the PC Planned Commornial District of thc Zoning Ordinance of the City of Dubuque, Iowa, the amended conceptual development, a copy of which is attached to and mudn a pan hereof, is hereby adopted and approved for the following describe, d Lot 2 of 2 of 1 and Lot 1 of 1 ell of 2ell andLot2ofl nflof2ofl and Lot 2 of 1 of 2 of 1 of Hawkeye Stock Funn, Section 28, Township 89N, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Section 2. That in order to accomplish the pui~oses of the PC Planned Commerdal District and of the Zoning Ordinance, thc property herein above described is subject to the following conditions and restrictions: A. IJse Re~uludons The following reguludons shall apply to all uses made of land in the above described PC Planned Commarclal District: l) The principal permitted uses shall be limited to: a) Local shopping center 2) The accesso~ uses shall be limited to any use customarily incidental and sulx~xlinatu to the principal usc. Regular Session, April 6, 1992 122 B. Lot and B~ Devclolm~unt of land in this particular PC Planned Cormnercial District shall be rngalated as tbllows: 1) All structures shall he a mihimum of 20 feet from thc front property liac~ adjoining Dodge St]~et and Mercer Drive. 2) No building or structu~ can exceed 30 feet in height on the site. 3) Adequate through space hehlnd thc buildings be provided for fire vehicles. Parkin Re uimments Thc off-street parking requirements for the principal permitted uses allowed in thc herein described PC Planned Commercial District shall he a minimum of 1 space for each 200 square feet of gross floor area accessible to the general public as shown on the conceptual devniop- merit plan. Site Plan Provisions Site development standards for this PC Planned Commercial Dis~ct shall be as follows: 1) A final site development plan shall be submitted in accordance with Section 4-4 of the Zoning Ordnance of the City of Dubuque, Iowa and shall be reviewed with due regard to thc previous final development plan dated May 25, 1979, stamped July 5, 1979, which includes the site platt, paving plan, utility plan, landscape plan, final plat and renilmx:al e~sement and maintenance agreelnent 2) Landscaping and screening requirements shall he rngdiaw~d by the Landscape Han for Warren Plaza, approved by thc Planning and Zoning Commission on June 27, 1980. 3) Ail utility mmsmlssion lines, includiag telephone and cable telcvision, shall he iastalled underground. Signs for this PC Planned Commercial District shall be regulated 5y thc Wturon Plaza Sign Criteria, approved with revisions by thc Planning and Zoning Commission on October 7, 1981. Time Limitation The amended conceptual development plan shall he valid for a period of three years, provided a final site development plan is submitted within one yeax of thc date of adoption. Transfer of Owncrshi. R Transfer of ownership or lease of property in this PC Planned Co~ial Distdct shall include in the transfer or lease agreement, a pmvisiun that thc parch~ser or lessee acknowledges awareness of the conditions authorizing the establishment of this district Section 3. That a final site development plan shall be approved by the City Planner if found to be in conformance with the amended conceptual development plan. If found to be in conformance with said plan, the issuance of building permits shall be penditted. Following approval of the final site development plan, no constraction may take place except in substantial conforemnce with such plan. Passed, approved and adopted this 6th day of April, 1992. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 26-92 1, Dennis Anderson, Senior Architect, Target Stores, havinll read the terms and conditions of thc foregoing Ordinance No. 26-92 and being familiar with the ooadiliuns thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 20th day of _April, 1992. TARGET STORES By/s/Dennis Anderson, Senior Architect Published officially in the Telegraph Herald newspaper this 6th day of May, 1992. Mary A. Davis It 5/6 City Clerk 123 Regular Session, April 6, 1992 Council Member Voetberg moved final adoption of the Ordinance. Seconded by Council Member Nnglc. Carried by thc following vote: Yeaa~Mayor Brady, Council Members Deich, Khieaner, Kring, Naghi, Nicholson, Voetberg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider vacating the alley between Rhombexg Avenue and Lincoln Avenue from Hamilton Street to Whittier Street and disposing of said property to Holy Trinity Catholic ChUrCh, presented and read. There were no objections received and no oral objectors pre~ent at the ~ of the Iieuring. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Nicholson. Caroled by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Kricg, Nngle, Nicholson, Voetberg. Nays--None. Attorney Russ Neuwoehner spoke on behalf Holy Trinity and requested passage. An Ordinance Vacating the alley between Rhomb~g Avenue and Lincoln Avenue from Hamilton Street to Whittier Street, said Ordinance having been presented and read at the Council Meeting of March 16, 1992, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 27-92 ORDINANCE VACATING TIlE ALLEY BETWEEN RHOMBERG AVENUE AND LINCOLN AVENUE FROM HAMILTON STREET TO WHITTLER STREET Whereas, Holy Trinity Catholic Church has requested the vacating of an alley between Rhomberg Avenue and Lincoln Avenue from Hamilton Street to Whittier Street; and Whereas, Bueaing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of an alley, between Rhomberg Avenue and Lincoln Avenue from Hamilton Street to Whittier Sweet and ~ssigned lot numbers theleto, which hereinafter shall be known and described as Lot 466A and Lot 467A of Ham's Addition, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the alley between Rhomberg Avenue and Lincoln Avenue from Hamilton Sueet to Whittier Street is no longer required for public use, and vacating of said alley known ss Lot 466A and Lot 467A of tlam's Addition in the City of Dubuque, Dubuque County, lows should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TtIE CITY OF DUBUQUE, IOWA: Section 1. That thc real estate described as Lot 466A and 467A of Ham's Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 6th day of April, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in thc Telegraph HeraM newspaper this 10th day of April, 1992. Mary A. Davis It 4/10 City Clerk Council Member Voetberg moved final adoption of the ordinance. Seconded by Council Member Nicholson. Canied by the following vote: Yeas---Mayor Brady, Council Members Dcich, Klunsner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 10%92 Whereas, puxsuant to resolution and published notice of time and place of heating, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 26th day of March, 1992, the City Council of the City of Dubuque, Iowa meton the 6th day of April, 1992, at 7:30 p.m. in the Public Library Auditorium, llth and Locust, Dubuque. Dubuque County, Iowa to consider the proposal for the sale of reui estate described as; Lot 466A and Lot 467A of Ham's Addition in the City of Dubuque, Iowa Whereas, thc City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest Of the City of Dubuque, lows, except for easements as noted, in the hegelnabuve described mai eslate to Holy Trinity Catholic Church. Regular Session, April 6, 1992 124 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SeOIon 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real prope~y described aa Lot 466A and Lot 467A of Ham's Addition in thc City of Dubuque, Iowa to Holy Trinity Catholic Church be and the same is hereby approved for the sum of $800.13) plus cost of publication, platting and filing fees; conveyance shall be by Quit Claim Deed. Section 2~ Tliat the Mayor be authorized and direc~d to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and direo~t to deliver said deed of conveyance to the above named grantees upon ~c, elpt of the purchase price in full. Secilon 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Treasurer. Passed, approved and adopted this 6th day of April, 1992. lam~s E, Brady Mayor Attest: Mary A. Davis City Clerk Council Member Veetharg moved adoption of the Resolution. Seconded by Council Member Nicholson. CalTied by thc following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Kring, Nngle, Nicholson, Voctberg. Nays--None. Proof of Publication certified to by the Publishe~ on Notice of Public Hearing to consider rezouing property located at southeast corner of the intersection of Kaufmann Avenue and Chancy Road and communication of Jack Kiefer objecting to rezoning of property as requested, presented and read. Cmmuil Member Kluesner moved that the proof and communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas---Mayor Brady, Council Member~ Duich, Kluesner, Krieg, Nagle, Nieholson, Vo~tharg. Nays--None. Stove Boge, 2365 University, spoke requesting approval of proposed rezouing. An Ordinance Providing that the Code of Ordinances by amended by reclassifying property located on thc Southeast C~ner of Kaufmaon Avenue and Cbeney Road from R-4 Multi-Family Residential District to PR Planned Residential Distsict and adopting a Conceptual Development Plan, said ordinance having b~n presen~xt and read at the Council Meeting of March 16, 1992, presented for final adoption. (OFFICIAL PUBLICATION) ORDINANCE NO. 28-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS TI~ ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON TIlE SOUTtlEAST CORNER OF KAUFMANN AVENUE AND CI1ANEY ROAD FROM R-4 MULTI- FAMILY RESIDENTIAL DISTRICT TO PR PLANNED RESIDENTIAL DISTRICT AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN Whereas, Renaissance of Dubuque Co~0oration, property owner,has filed a Conceptual Development Plan for hereinafter described property in accordance with provisions of the PR Planned Residential District reguialions ~ set forth in Section 3- 1.6D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission has held a public hearing on said zoning reclassification and conceptual development plan pursuant to ruqaired published notice; and Whereas, the Zoning Comn~ssion has approved said zoning reclassification and conceptual development plan subject to specific conditions and restrictions having found that said Plan conforms with the review standards applicable to such plans as set forth in Section 3-L6D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission has recommended the concurrence of the City Council in approval of said zoning rechis- sification and conceptual development plan; and Whereas, the City Council has received the recommendation of the Zoning Commission and held i~s own public heating 125 Regular Session, April 6, 1992 on said zoning reclassification and conceptual development plan pursuant te required published notice; and Whe~as. the City Council has approved said zoning reclassification and conceptual development plan subject to the same specific conditions and resUlcfic~s. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Tbutin order to accomplish the purposes of the "PR Harmed Residential District" of the Zoning Ordinanc~ of the City of Dubuque, Iowa, the zoning reclassification from R-4 Mniti-Family Residential District to PR planned residential District and conceptual development plan for "Renaissance Oaks", a copy of which is athschcd hereto and made a part hereof, is hereby adopted and approved for the following dnscrbed property, to wit: Lot A - Chancy Road School Place in the City of Dubuque, Iowa. Section 2. That in order to accomplish the proposes of the "PR Planned Residential District" and of the Zoning Ordinance, the property herein above d~crlbed is subject to the following conditions and restrictions: A. Use Re2~uiadon~ The fullowing regulations shall apply to all uses made of land in the above described Planned Residential District: 1) Principal permitted uses shall be limited to fifty-two (52) condominium dwelling units in thirteen (13) four-unit complexes on the 11.59 acre parcel. 2) No seeonde~y or contingency uses shall be permitted. 3) Accessory uses shell include my use cnstommily incidental and subordinate to the principle use it serves. B. Lot and Bulk R~ Development of land in this PR Planned Residentiai Dis~ct shall be regulated as follows: 1) All b~/ldings, structures and activities shall be located in conformance with the attached Conceptual Development Plan and all Final Site Development Plans ave to he approved in accordance with the provisions of the PR Planned Residentiai Disu-ict regulations. 2) All buildings and s;ructnses shall provide a front yard setback ~rom Kaufmann Avenue and Chancy Road of twenty-five (25) feet and from Renaissance Drive of ~,,enty (20) feet. 3) All other bulk regulations of the R-4 Multi-Family District shall be met for construction of ail buildings and structures, as established in Section 3-1.5 of the Zoning Ordinance of the City of Dubuque, Iowa, Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be established in conformance with the following standards, as well as with the regulations of Section 3-1.6 of the PR Planned Residential District: 1) The phasing of the development shall occur ns described on the attached Conceptual Develop- ment Plan, with cil site improvements to be completed for each phase. 2) A public su~oet meeting City specifications is to be cons~racted by the developer for each phase, with a temporary hard surface cul-de-sac provided during the interim between Ph~sns II and Ill and Phases and III and IV. The temporary cul- de-sac between Phases II and III shail be reviewed with the Final Site Development Plans for Phase 1It and IV to ensure appropriate access to the development. The temporary cul-de-sacs shall meet approval of the City Fire Chief. The development of the road shall be reviewed by the Zoning Commission if the phasing of the development is not comple~d m proposed. 3) Street lighting shall be provided per City standards. ~) Landscaping as noted on the attached Conceptual Development Plan shall be Regular Session, April 6, 1992 126 installed arom~d each four-unit complex when that comp/ex is completed. Final Site Development Plans must indicate exact location and type of $1~cies to be installed. Boundary screening along Kaufmann Avenue ns indicated on the attsched Conceptual Development Plan shell he mainmthed along the north property line. 5) One and one-half perking spaces per dwelling uuit shall be provided. Additional open lot ~ad/or on-street spaces shall be provided as shown on the attached Conceptual Development plan. 6) All utilities including telephone and cable television shall be installed underground. 7) A final site development plan shhil be submitted in accordance with Section 4-4 of the Zoning Ordinance of t~ City of Dubuque, Iowa prior to each construction phase as descrihed on the attached conceptual development plan. No further grading, excavating, or other land disturbing activity ro~y occur before a final site plan is approved. _~.%.~ce and Recreational Are~ Tbu~e me&s not designated on the Conceptual Development plan for development shall be maintained as open space, as defined by Section 8 of the Zouing Ordinance of the City of Dubuque, Iowa, by the property owner and/or association. Active recreationel areas to be provided by the property owner and maintained by the property owner and/or association shall include one or more of the following: playground equipment, horseshoe p/ts, volleyb~l, basketball, tennis courts, or similar facilities. Passive recteationui ~eas to be provided by the property owner and main~nad by' the property owner and/or association shall include one or mo~ of the following: hildng ;rail, picnic areas, and/or exercise trail. E ~ulations ]'he sign regulations shall be the sam~ as that which are allowed in the R-4 Multi-Fanily Residendai District as established hi Section 4-3,11 Schedule of Sign Regulations in the Zoning Ordinance 'of the City of Dubuque, Iowa. Additional Standards The Coocoptual Development Plan shall be valid for a period of seven years provided a Final Site Development Plan for Phase I is submitted within one year from the date of approval and each additional Hnai Site Development Plan for Phases 11 - IV is submitted within the firc~ frame ns propo~l on the attached Conceptual Development Plan. Transfer of Ownership Transfer of ownership or lease of property in this PR Planned Residew tiai District shall include in the u0~sfer or lease agreement a pro- vision that the puwhaser or lessee acknowledges awareness of the con- thfions authofiz/ng the establishment of the district. Passed, approved and adopted this 6th day of April, 1992. lamns E. Brady Mayor Attest: Mary A, Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 28-92 I, Steven Boge, having mad the terms and conditions of the foregoing Ordinance No. 28-92 and being familiar with the conditions thereof, hereby accept this same and ag~,e to the conditions ~exluired therein, Dated in Dubuque, Iowa this 12th day of April, 1992. Renaissance of Dubuque Coho. By/s/Steven Bnge Published officially in die Telegraph Herald newspaper this 17th day of April, 1992. Mary A. Davis It 4/17 City Clerk Council Member Klacaner moved final adoption of the Ordinance. Sexoedad by Council Member Nichoison. Canled by the 127 Regular Session, April 6, 1992 following vote: Yeas---Mayor Brady, Council Members De/ch, Kluesner, Kring, Nngle, Nicbelson, Voetberg. Nays---None, Proof of Publication certiBesl to by the Publisher on Notice of Public Hearing to co~ider approval of a proposed an~ndad and restated Ice Harb~ Dish'ict Urban Renewal Plan for a proposed Urban Renewal area in the City of Dubuque, communication of Long Range Planning Commission submitting their findings that the proposed Ice harbet Urban Renewal Plan is consistent with city-wida comprehensive planning efforts, however, recommending changes be made to the plan, petition of Attorney David Hammer requesting to address the Council on the abeve matter, petition of Joe Fall on behalf of Peavey Company, The Fischer Companies, The Adams Company, Harbour Place Development Corp., Bill Miller Logging and Jim Chrlstensen requesting Council to table the adopdon of thc Urban Renewal Plan for the 4th Street Area and continue the public hearing for 90 days, presented and read. Council Member Vootberg moved that the proof, communication and petitions be received and filed. Seconded by Council Member Nicholaon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dbich, Kluesncr, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Bob Runda spoke request assurance that no jobs be eliminated. John IIendry of The Adams Co. and Joe Fall of the Peavey Co. spoke. A Resolution Determining an mca of the City to be an Urban Renewal Ama, and that the rehabilitation, conservation, redevelop- ment, development, or a combination thereof, of such area is necessmy in the interest of the public health, safety or welfare of the residents of the City' designating such area a~ appropriate for an Urban Renewal Project; and adopting the. amended and restated Ice harbor Urban Renewal District Urban Renewal Plan for the Urban Renewal Area described, presented and read. Council Member Deich moved that it be resolved to establish a Study Committee and table the Public Hearing to July 20, 1992. Seconded by Council Member Voetberg. Canted by the following vote: Ye0s~ouncil Members Deich, Kluesner, Krieg, Nagle, Nicholson, Vontberg. Nays---Mayor Brady. Communication of Zoning Commission advising of their approval to rezone property located South of Highv~ay 20 and East of the Northwest Arterial and West of English Mill Road, presented and read. Council Member Kluesanr moved that the communication be received and filed. Seconded by Council Member Nagle. Curt'led by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays---None. An Ordinance Amending Code of Ordl- annces by reclassifying property located South of Highway 20, West of English Mill Road and East of the Northwest Arterial from AG Agricultural and C-3 General Comm~cini Districts lo PC Planned Commercial District and Approving a Conceptual Development Plan, presented and read. Council Member Klncsner moved that this be considered the first reading of the Ordinance, and that thc reqdil~ment that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the me~ting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the Proposed Ordinance on the 20th day of April, 1992 and that the City Clerk be directed to publisb notice in the rammer prescribed by law. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Nagle, Nicholson, Voetbeq~. Nays--None. Petition of Attorney Mark Willging, on behalf of Mr. & Mrs. Marry Helle, request- ing Council to vacate and release the northerly five feet of a 10 feet utility easement located in Embassy West No. 2 and communication of City Manager recom- mending to vacate said utility easement and set the matter for a public hearing, presented and read. Council Member Kluosner moved that the petition and communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 108-92 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE THE UNUSED NORTHERLY FIVE (5) FOOT PORTION OF AN EXISTING 10 FOOT WIDE UTILITY EASEMENT 1N LOT 8 OF BLOCK 2 IN EMBASSY WEST NO. 2 Whereas, Westside Development Association is the current owner of Lot 8 of Block 2 in Embassy West No. 2; and Regular Session, April 6, 1992 128 Wbe~ras, a 10 foot wide utility easement is currently platted on said lot; and Whereas, Wes/side Dcvelop~nent Association has petitioned to vacate the unused noaherly five (5) foot portion of said existing 10 foot wide utility easement in said Lot 8. NOW THEREFORE, BE IT RESOLVED BY TEE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectina 1. That the City of Dubuque, Iowa intends to dlapo~e of its interest and vacate the unused northerly five (5) foot potion of an existing 10 foot wide utility easement in Lot g of Block 2 in Embassy West No. 2. Sncflon 2. That the City Clerk be and is heseby authorized and directed to cause a notice to be published as prescribed under Section 364.7 Cede of Iowa, 1989, or amended. Passed, approved and adopted this 6th day of April, 1992. Jam~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Coaneil Member Nicholson. Carried by the foIlowing vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Kring, Nngle, Nicbelson, Voetberg. Nays~None, Communication of City Manager recomn~nding approval to vacate a portion of an existing public alley between Kirkwood and Bellevue Stxeets west of Blake Street and set the maRer for a public hearing on April 20, 1992, presented and reed. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kinesner, Krieg, Nagle, Nicholson, Voetherg. Nays--None. RESOLUTION NO. 109-92 , RESOLUTION APPROVING PLAT OF PROPOSED VACATED POR- TION OF AN EXISTING PUBLIC ALLEY BETWEEN KIRKWOOD AND BELLEVUE STREETS WEST OF BLAKE STREET Whereas, there has been presented to the City Council of the City of Dubuque, lowa, a plat dated March 19, 1992, prepawat by Buesing & Associates of Dubuque, Iowa, describing the ploposed vacated portion of an existing public alley between Kirkwood and Bellevue Streets west of Blake Slxeet; and Where&s, s~id plat conforms to the laws and statutes pertaining thereto. NOW TtlEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated March 19, 1992 prepared by Buesing & Associates, relative to the real estate hereinabove described be and the same i~ hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City reserves unto itself a peq~etual utility ca.merit as shown on tho attached plat including the right of ingress and egress thereto, for the propose of erecting, installing, constructing, recon- stencting, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable and electric lines a~ may be authorized by the City of Dubuque, Iowa. SncBon 3. That the City Clexk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the of Bce of die Recorder, in and for Dubuque County, Iowa. Passed, approved laid adopted this 6th day of April, 1992. Attest: Mary A. Davis City Clerk Council Member Jarres E. Brady Mayor adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--MaYor Brady, Council Members Deich, Kluesner, Kring, Nagle, Nicholson, Voetherg. Nays--None. An Ordinance Vacating a portion of an existing public alley between Kirkwood and Bellevue Slreets west of Blake Sueet know to be known as Lots 17A, 19A and 20A in Union Avenue Subdivision, presented and read. Council Member Kluesncr mowd that this be considm'ed the first reading of the Ordinance, and that the requirement that a 129 Regular Session, April 6, 1992 proposed Ordinance be comiderbd and voted on for pas~ge at two council meetings prior to the ~r,~ting at which it is ~o be finally adopted be suspended and further moved that a Public Hearing be held on the Proposed Ordinance, on the 20th day of April, 1992 at 7:30 p.m. in the Public Library Aaditofittm and that the City Clexk publish notice iu the manner prescribed by law. Seconded by Council Member Voetbexg. Carried by the following vote: Ynas---Mayor Brady, Council Members Dalch, Kluesner, Krieg, Nngle, Nicholson, Voetherg. Nays--None. RESOLUTION NO. 110-92 RESOLUTION DISPOSING OF CITY IN~IEREST IN LOT 17A, LOT 19A, AND LOT 20A IN UNION AVENUE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, Alfred & Marion F. Withue, John R. & Janet T. Hilley, and Ronnid D. & Jniie A. Schlader have requested the vacating of a pordon of an existing public alley betwo~n Kirkwood and Bellevue Sire. ets west of Blake SIreet; and Wbereas, Buesing & Associates of Dubuque, Iowa has prepared and subraiRed to the City Council a plat showing the vacated portion of an existing public alley between Kirkwobd and Bellevue Streets west of Blake St~et and assigned lot numbers thereto, which ber~inafter shall be known and described ~s Lots 17A, 19A and 20A in Union Avenue Subdivision in the City of Dubuque, low~; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this pordon of an existing public alley between Kixkwood and Bellevue Streets west of Blake Street is no longer required for public use, except for easements as shown on the attached plat, and vacating and sale of said portion of alley known a~ Lots 17A, 19A and 20A in Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa should be approvex~ NOW TI1EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lots 17A, 19A and 20A in Union Avenue Subdivision in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 17A in Union Avenue Subdivision in the City of Dubequ~, Iowa to Alfred & Marion F. Wittine be contingent upon payment of $518.00. plus cue-third of publication and filing fees, Lot 19A in Union Avenue Subdivision in the City of Dubuque, Iowa to John R. & Janet T. Hilley be contingent upon payment of $122.00, plus on-third of publication and filing fees, and LOt 20A in Union Avenue Subdivision in the City of Dubuque, Iowa to Ronuid D, & Julie A. Schlader be contingent upon payment of $144.00 plus one-third of publication and filing fees. Section 3. The City reserves unto itself a perpetual utility easement as shown on the attached plat including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, ropai~ng, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hen~by authorizud and directed to cause a notice of intent to dispose of said read estate to be published in the manner as p~scrlbed by law. Passed, approved and adopted this 6th day of April, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Kluesner moved adoption of the Resolution. Secondud by Council Member Voetherg. Canied by the following vote: Yeas---Mayor Brady, Council Members Dalch, Kluesner, Krieg, Nngle, Nicholson, Voetberg. Nays~None. Communication of City Manager submitting documents providing for the bidding process for construction of 1992 Asphalt Paving Project. presented and ~eaid. Council Member Kluesner moved that the conmaunicafion be received and filud~ Seconded by Council Memb~ Voetbe~g. Caa-iad by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesner, Kring, Nngle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 111.92 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Regular Session, April 6, 1992 130 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CHY OF DUBUQUE, IOWA: That the lCaX~x~ud plans, specifications, form of contract and estimated cost for the 1992 Asphalt Paving Project, in the estimated amount of $507,327.54, are hereby approved and ordarad filed h~ the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of April, 1992. At*est: Mary A. Davis City Clerk Council Member Jawes E. Brady Mayor Kluesuer moved adoption of the Resolution. Seconded by Council Member Voetberg. Carded by the following vote: Ye~s--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 112-92 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed san~ on file in the office of the City Clerk for public inspection of the 1992 Asphalt Paving Project. NOW TIIFAREFOHE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 4th day of May, 1992, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of coniract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper baying general circulation in the City of Dubeque, Iowa, which n'0tice shall be not less than four days nor mom than twenty days prior to the day fixed for its considea'ation. At the hearing, any interested per~on may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 6th day of April, 1992. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesuer moved adoption of the Resolution. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members l~ch, Kluesner, Kfing, Nagle, Nieholson, Voetberg. Nays--None. RESOLUTION NO, 11:t-92 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 1992 Asphalt Paving Project is hereby ordered to be advertised for bids for BE IT FURTItER 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 bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the constracfion of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall m~t be less than four days nor more than twenty days prior t~ the receipt of said ~da at 2:00 p.m. on the 23rd day of April, 1992. Bids shall be opened and read by the City Clerk at said time and will be submitted t~ the Council for final action at 7:30 p.m. on the 4th day of May, 1992. Passed, adopted and approved this 6th day of April, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Kluesner moved adoption of the Resolution. Seconded by Council Member Voetherg. Carried by the fofiowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nngle, Nleholson, Voetberg. Nays None. Communication of City Manager submitting documents providing for the bidding procedure for construction of Office Renovation Project at Locust Street Ramp, 131 Regular Session, April 6, 1992 presented and mad. Council Member Kluesnet moved that the communication be regeived and filed~ Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesuer, Krleg, Nagle, Nichohon Voetborg. Nays--None. RESOLUTION NO. 114-92 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW TIIEREFOP, E, BE IT RE. SOLVED BY THE CITY COUNCIl, OF 3]tE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Office Renovation - Lo<nst Street Parking Ramp, in the estimated amount of $43,544.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of April, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nngle, Nicbolsoa' Voetberg. Nays--None. RESOLUTION NO. 115-92 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifica- tions, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Office Renovation - Locust Street Parking Ramp. NOW TIIEREFORE, BE IT RESOLVED BY TilE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That on the 4th day of May, 1992, a public hearing will bo held at 7:30 p. rc~ in the Public Library Auditorium at which time interested persons may appear and be heard for or against thc proposed plans and spe~;ifications, form of contract and cost of said improvement, and the City Cl~rk bo and is h~by directed to cao~e a notice of fim~ and place of such heating to bo published in a newspeper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor mote than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of tbo improven~nt. Passed, adopted and approved this 6th day of April, 1992. Attest: Mary A. Davis City Clerk Coan¢il Member James E. Brady Mayor adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klucsner, Krieg, Nagl¢, Nicholson, Voetborg. Nays--None. RESOLUTION NO. 116-92 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Office Renovation - Loonst Stxeet Parking Ramp is hereby ordered to be advertised 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 bidders hereby approved ss a IXUt of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the consffuotion of thc improvements herein provided, to be pub- lished in a newspaper having general circula- tion in the City of Dubuque, Iowa, which notice shall not be less than four days nor nmm than twenty days prior to the receipt of said bids at 2:00 p.m. on the 22nd day of April, 1992. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m on the 4th day of May, 199Z Passed, adopted and approved this 6th day of April, 1992. James E. Brady Mayor Regular Session, April 6, 1992 132 Attest: Mary A. Davis City Clerk Council Member Kluasner moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by thc following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Vcetborg. Nays--None. Communication of City Manager submitting documents providing for the bidding procedure for the Extension of Sanitary Sewer iu the lnwood, Oneida, Salem, Toledo and Vinton Street areas, presented and ~ead. Council Member Nichulson moved that the commuhicailon be received and filed. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Khlasner, Krieg, Nagle, Nicholson, Vo¢tberg. Nays~-None. RESOLUTION NO. 11%92 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Inwood Avenue Sanitary Sewer Extension, in the estimated amount of $171,018.94, are hen:by approved and ordered filed in the office of the City Clerk for pubfie inspection. Passed, adopted and approved this 6th day of April, 1992. Attest: Mary A. Davis City Clark Council Member James E. Brady Mayor Nicholson moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yea~-Mayor Brady, Council Members Dcich, KlUesner, Kfieg, Nag)e, Nicholson, Voetborg. Nays--None. RESOLUTION NO. 118-92 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa ha given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspe~gon of the lnwood Avenue Sanitary Sewer Extension. NOW THEREFORE, BE IT RESOLVED BY THE CITy COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on tho 4th day of May, 1992, a public hearing will bo held at 7:30 p.n~ in the Public Library Auditorium at which time interested persons may ap~ and bo heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk bo and is hereby directed to cause a notice of time and place of such heating to bo published in a newspaper having general circula fion in the City of Dubuque, Iowa, which notice shall bo not less than four days nor more than twenty days prior to the day fixed for its consideration. At the heating, any interested pe~son may appear and file objections to the proposed plans, specifications, contsact, or estimated cost of the improvement. Passed, adopted and approved this 6th day of April, 1992. Attest: Ma~ A. Davis City Clerk Council Member lames E. Brady Mayor Nicbelson moved adoption of the Resolution. Seconded by Council Member Nngle. Canied by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Nngle, Nicholson, Vo~therg. Nays--None. RESOLUTION NO. I19-92 RESOLUTION OF NECESSITY Wboreas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City clerk showing among other things thc plans, specifications, form of contract, estimated co~t and preBmlnary plat and schedule showing the amount proposed to bo assessed against each lot and the valuation of each lot as filed by the City Coonail, for the Inwoed Avenue Sanitary Sewer Extension. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare ~o make the herein mentioned improvements, and 133 Regular Session, April 6, 1992 unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections panaining to the regularity of the proceeding and the legality of using the special assessment procedme. Said improven~nts shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an anxmnt not to exceed that provided by law, and in proportion to thc special benefits conferred. The portion of the cost which shall be bomc by the City will be paid from Sewer Construction Funds, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 6th day of April, 1992. Approved and placed on tile for final action. Attest: Mary A, Davis City Clerk Council Member Iames E. Brady Mayor Nicholson moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: , Year--Mayor Brady, Council Members Deich, Kluesner, Kfiag, Nagie, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 120.92 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its prelimin,-h-y approval on the proposed plans, specitications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Inwood Avenue Sanitary Sewer Extension, and, Whereas, the proposed Resolution of Necessity for said improvement has be~n inRoduced and is now on file in the City Clerk's office for public inspection. NOW TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQLrE, IOWA: That on the 4th day of May, 1992, a public heating will be held at 7:30 o'clock p.m. in the Public IAbra~y Auditorium in the City of Dubuque at which time the owners of property subject to ~ssessment for the proposed improvement or any other person having an interest in the matter nmy appear and be heard for or against the making of the improvement, the boundaries of the disuict, the cost, the assessment against any lot, or the final adoption of a resolution of necessity m~d the City Clerk be and is hereby authorirrxt and directed to cause a notice of ilm0 and place of such hearing to be published in a newspaper having general circulation in the City of dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 6th day of April, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Nicholson moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas---Mayor Brady, Council Members Dcich, Kluesner, gaieg, Nagie, Ninholson, Voetberg. Nays~None. RESOLUTION NO. 121-92 RESOLUTION APPROVING PRELIMINARY SCHED~ OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, ] to 1 inclusive, are hereby determined to be the ~cheduhi of proposed assessments for thc lnwood Avenue Sanitary Sewer Extension and the Regular Session, April 6, 1992 134 valuations ~et out herein are hereby approved. Passed, aplm)Ved and adopted this 6th day of April, 1992. lam~s E. Brady Mayor Attest: Mary A, Davis City Clerk Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Nagin. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klunsner, Kfiag, Nallle, Nicholson, Vontborg. Nays--None. MINUTES SUBMITrED -- Airport Commission of 2-11 & 3-3; Cable TV Regnlatory Commission of 3-11; Five Flags Commission of 3-23; Housing Code Appeals Board of 1-21 & 2-18; Human Rights Commission of 2-10; Investment Task Force of 3-10, 3-17 & 3-24; Library B~rd of 3-21; Transit Trustee Board of 3-12; Zoning Board of Adjustment of 2-27; Zoning Commission of 3-19; Zoning Commission and City Council of 3-14, presented and read. Council Member Voethexg moved that the minutes be received un~ filed. Seconded by Council Membe~ Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesunr, Krieg, Nagie, Nicholmn, Voetberg. Nays--None. NOTICES OF CLAIMS/SUITS -- James Collins et al vs. IDOT, City of Dubuque et al submitting Notice of Appeal in matter of condonmafion of certain rights in land by the IDOT for the improven~nt of primary road No. U.S. 20 in the City of Dubuque; Michelle Gantz/John Gantz Ir., hi amount of $324.0 for vehicle damages; Deborah Harvey in amount of $686.38 for vehicle damages; Matthew Hurm in amount of $1103.06 plus for vehicle damages; John Lesch in amount of $235.00 for vehicle damages; Barbara Miller in amount of $5404.44 for personal injuries; Carole Sefzik in amount of $20.00 for personal property losses, presented and reM. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Cmmcil Members Dcich, Kinesner, Krieg, Nagie, Ninholson, Voetberg. Nays--None. Communication of Corporation Counsel recom, n~nding settlement of tealler damage claim of Many Helle Construction Co. in the amount of $60.90, presented and read. Council Member Voetberg moved that the settlement be approved and Finance Director to issue proper check. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Khiosunr, Vaiag, Nagle, Nichulson, Voetberg. Nays--None. Commuulcafion of Coq~railon Counsel advising of referral of following claims to Crawford & Coropany, the agent for the Iowa Communities Assurance Pool: Car damage of Stere Farm Mutual Insurance (John CAnter, insured); Car damage of Randall Rogers, presented and read. Council Memhnr Vontberg moved that the communications be received and tried. Seconded by Council Member Kluesner. Carried by the following vote: Yeas~Mayor Brady, Council Members Dcich, Kluesner, Ksieg, Nagia, Nicboison, Voetberg. Nays--None. Dubuque County Sheriff edvising of appraisement of damages and time for appeal to Frank Hardin Advanlsing, Inc., presented and read. Cout~il Member Voetherg moved that the notice be received and filed. Seconded by Council Member Kluesner. Can~ed by the following vole: Yeas--Mayor Brady, Council Members Dalch, Kluesnor, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Dubuque Golf & Count~ff Club requesting permission to display fu'eworks on their grounds on July 4, 1992 at about 9:00 p.m., presented and ~ad. Council Member Voetbevg moved that the requested be referred to the City Manager for implementa~ tlon. Seconded by Council Member Kluesunr. Carried by the following vote: Yeas--Mayor Brady, Council Members Deieh, Kluesner, Krieg, Nagie, Nicholson, Voetberg. Nays~None. Communication of City Manager submitting Supplements No. 8 and 9 to the Code of Ordinances, presented and read. Council Member Voetberg moved that the communication be reecived and filed. Seconded by Council Member Khiesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kriag, Nagle, Nicholson, Voetberg. Nays None. RESOLUTION NO. 122.92 ADOPTING SUPPLEMENTS NO. 8 AND 9 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA 135 Regular Session, April 6, 1992 Whereas, under date of July 17, 1989, the City Council, pursuant to Ordinance No. 34- 89, rendopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and inciuding December 19, 1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereoz, Section 380.8 of the Code of Ordinances provides that supplements, by resolution, become prat of the Code of Ordinances. NOW THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That Supplement No. 8 of thc Code of Ordinances of the City of Dubuque, Iowa, coveting ordinunce~ adopted by the City Council of the City of Dubuque, from June 18, 1991 through September 16, 1991, and Supplement No. 9, covnfing ordinances adopted by the City Council of the City of Dubuque, from September 17, 1991 through October 21, 1991 prepared by the Municipal Code Corporation, Tallahassee, Florida, hereto filed in the Office of the City Clerk of the City of Dubeque, Iowa be and axe hereby adopted and become part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of April, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voethe~g moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deieh, Kinesner, Kring, Nag)e, Nicholson. Voetberg. Nays--None. Petition of Thomas Leibold requesting vacation and sale of property located along Caner Road, presented and read. Council Member Voetberg moved that the petition he referred to the City Manager for investigation and repor~ Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Member~ Deleh, Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays--None. Communication of City Manager submitting financial rerports for month of February, 1992, presented and read. Council Member Voetberg moved that the communi- cation be received and filed. Sexconded by Council Member Kluesner. Carried by the following vote: Yeas---Mayor Brady, Cotmdil Member~ Dulch, Klunsner, Kriag, Nagle. Nichulson. Vcotberg. Nays--None. Communication of City Manager submit- ting changes and updates made for the Fiscal Year 1993 budget materials, presented and read. Coundl Member Voctberg moved that the communication be received and filed. Seconded by Council Member Kluesner. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krleg, Nagle, Nicholson, Voetberg. Nays--None. Communication of City Manager recom- mending approval to accept the dedication of an sewer easement from Grand Island Partners, presented and read. Council Member Voetberg moved that the communi- cation be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nleholson, Voctberg. Nays--None. RESOLUTION NO. 123-92 RESOLUTION ACCEPTING TIlE DEDICATION OF A 20 FOOT WIDE SANITARY SEWER EASEMENT ON LOT 1 OF 1 OF MINERAL LOT 382 IN THE CITY OF DUBUQUE Whereas, Herman and Agnes Steins have offered to dedicate a 20 foot wide sanitary sewer in Lot 1 of I of Mineral Lot 382 in the City of Dubuque, Iowa; and Whereas, said easement is an integral part of the Eastrldge Estates development project; and Whereas, acceptence of said easement is in the be~t interest of the City of Dubuque, lowa~ NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the pmposul of Hennun and Agnes Steines to dedicate to the City of Dubuque a 20 foot wide sanitary sewer ca.merit in Lot I of 1 of Mineral Lot 382 in the City of Dubuque, Iowa be and the same is hereby approved. Regular Session, April 6, 1992 136 Sec~on 2. The Mayor and City Clerk be authorized mid directed to execute the SecBo~ 3. That file City Clerk be and is hereby authorlzf.~d and directed to record a certified copy of this resolution, and mid ea~ment and agreement, in the olden of the City Assmsor, Dubuque County Recorder, and Dubuque County Auditor. Passed, approved and adopted this 6th day of April, 1992. Attest: Ma~,y A. Davis City Clerk Council Member James E. Brady Mayor Voetbevg moved edopfion of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas~Mayor Brady, Council Members Deich, Kluesner, Kriag, Nagle, Nicholson, Voetberg. Nays--None. Communication of Zoulng Conunission advising of their approval of final plat of Subdivision of Lot 2-2-1-E Embassy West extending North from existing Cmmlot Drive and Embassy West No 2 extending North fi.om existing Camelot Drive, presented and read. Council Member Voetberg moved that the communication be ~eceived aad filed. Seconded by Council Member Kluesner. Cavtind by the following vote: Yeas--Mayor Brady. Council Members Deieh, Kluesunr, Kring, Nagle, Nichoison, Voetberg. Nays--None. RESOLUTION NO. 124-92 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVISION OF LOT 2-2-1-E EMBASSY WEST 1N THE CITY OF DUBUQUE, IOWA. Wbere~s, there has been filed with the City Clerk a final plat of the Subdivision of Lot 2-2-1-E Embassy West, in the City of Dubuque, Iowa; and Whereas, said final plat has been examined by the City Harming and Zoning Commission and lind its approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and the City Council finds that the same confonn.s to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above4escaibed final plat be and the same is hereby approved and the Mayor and City Clerk am hereby author/zed and directed to endorse the appwvai of the City of Dubuque upon said final pint. Passed, approved and adapted this 6th day of April, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Klunsner. Carded by the following vote: Yeas--Mayor Brady, Council Members Dnich, Klueaner, Kr/ag, Nagle, Nicholson, Voetherg. Nays--None. RF~qOLUTION NO. 125-92 A RESOLUTION APPROVING TIlE FINAL PLAT OF EMBASSY WEST NO. 2, BLOCK 4 LOTS 8 THROUGH 16, AND BLOCK 5 LOTS 10 THROUGH 20 AND LOT A IN THE CITY OF DUBUQUE, IOWA. Whereas, them has been ~ed with the City Clerk a final plat of Embassy West No. 2, Block 4 Lots 8 through 16, and Block Lots 10 through 20 and Lot A in the City of Dubuque, Iowa; and Whereas, upon said final plat appear street(s) to be known as Camelot Drive, together with certain public utility storm sewer and sanitary sewer casements which the Owners by said final plat have dedicated to the public forever;, and Whereas, said final plat has been examined by the Zoning Commission and had its approval endorsed therec~ subject the owner(s) agreeing to the conditicas anted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances reialiag to it, except that no s~ets or public utilities have yet been constsucted or insndlnd; and 137 Regular Session, April 6, 1992 Whereas, the City Council concors in the conditions of approval established by the Zoning Conuulssion. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY cOUNCIL OF ~ CITY OF DUBUQUE, IOWA: Section 1. ~hat the dedications of Camelot Drive, together with the eacentents for public utilities, sanitary sewer, stem sewer and water mains as they appear upon said ~nal plat, he and the same ~re hereby accepted; and Section 2. That the final plat of Entbessy West No. 2, Block 4 Lots 8 through 16, and Block 5 Lots 10 through 20 and Lot A is hereby approved and the Mayor and City Clerk arc hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said p~oporty herein named, execute their w~itten acceptance hereto attached agreeing: To reduce Camelot Drive te grade and to eonstsuot concrete curb and gutter and to hard surface with asphaific concrete, or with concntte paving with integral curb, all in accordance with the City of Dubuque standard specifications; all in a ntanner acceptable to the City Engineer and in conformance with cons~xuction improvement plans approved by the City Engine. er. b. To instull sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard stseet lighting mid erosion control devices all in accordance with the City of Dubuque standard specifications and in accordance with construction improvement plans approved by the City ~nglneer, and inspected by the City Engineer. c. To coestsuct said intproventents, except sidewalks, prior to one year front the date of acceptance of this resolution, at the sole expense of the subdivider, as owner, or futu~ owne~ d. To install teropo~ary cul-de-sac(s) at Cantelot Drive, aa shown on the approved constsaction improvement e. To ntaintain the public intproventents, except sidewalks, for a period of two (2) years from the date of the acceptance of those intproventents by the City of Dubuque. Iowa, at the sole expense of the 8ubdivlder, as owner, or future f. To coestract sidewalks in accordance with the reqairem~nts of Section 42- 24(e) of the City Code, specifically: Sidewalk installation shall bo the xesponsibility of the owner of the property aboUing the public right-of- way. The responsibility shall extend to all sucx~ssors, heirs and assignees. Sidewalk installation will not bo rexluired until the devalOpntant of the lot has been contpleted, except ac required herein. In sparsely devaloped subdivisions, sidewalks on developed lots will not bo required until 50% of the lots approved by the plat have be, on developed. Ail vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. g. That when sixty (60) p~cont of the lots have been sold, the extension of Camelot Drive will he completed within one calendar year to Sunny Slope Estates Subdivision and ¢onancted to Embassy West Drive. And further provided that said Westside Development Asso~iadon, as owners of said -- mhall secure the performance of the fomgolng condiuons proviu~, by providing se~taity in such form and with sureties as may he acceptable to the City Manager of the City of Dubuque, Iowa. Sectiou 3. That in the event Westslde Development Association shall fail to exe, oute the anceptanco and furnish the s~urity provided in Section 2 hereof within forty-five (45) days after the date of the Resolution, the provisions hereof shall he null and void and the acceptance of the dedication and approval tile plat shall not bo effective. passed, approved and adopted this 6th day of April, 1992. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Regular Session, April 6, 1992 138 ACCEIYFANCE OF RESOLUTION NO. 125-92 We, the undersigned, Westaide Development Association, having read the terms and conditions of the Resolution No. 125-92 and heing familiar with the conditions thereof, h~by accept this san~ and agre~ to thc conditions required therein. Dated in Dubuque, Iowa this 28th day of April, 1992. Westside Developntent Association By:/s/Martin Helie By:/s/Loras Papo Council Member Voetberg moved adoption of the Resolution. Seconded by.,' Council Member Kinesner. Carried by t~< following vote: Yeas--Mayor Brady, Council Menthers Deinh, Kluesner, Faieg, Nagie, Nicholson, Voetherg. Nays--None. TCI of Iowa, Inc. submitting thei~ Annual Report for 1991. (Copy on file in City Clerk's Office for review), presented and read. Council Mentber Vo~tberg ntoved that the report be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesanr, Kring, Nagie, Nicbolson, Voethetg. Nays--None. Grantee Perforntance Report of Community DevelOpment Block Grant Program for January I through Decemher 31, 1991, p~sented and read. Council Mentber Voetherg moved that the report he received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Menthers Deieh, Kfuesuer, Krieg, Nagie, Nicholson, Vo~therg. Nays--None. There being no further business, Council Member Kluesoer moved to adjourn the meeting. Seconded by Council Memher Voetherg. Carried by the following vote: yeas--Mayor Brady, Council Members Delch, Kinesner, Krieg, Nagie, Nichoison, Voetberg. Nays~None. Meeting adjourned at 11:24 p,r~ Ma~y A. Davis City Clerk Approve993 y -- ~/City Clerk 139 Board of Health, April 20, 1992 CITY OFDUBUQUE BOARD OF HEALTH QUARTERLY MEETING Reg~ar Quarterly Meeting, Al~il 20, 1992. Board of Health met at 7:25 p,m., Public Library Auditorium. Present: Chairperson Bredy, Board Members Doich, Kluesner, Krieg, Nngle, Nicholson, Vcotberg. Cb airperson Bredy read the call and stated this is the Regular Qunr~rly Meeting of the Board of Health called for the perpo~e to act upon such business which m~y properly come before the Council. There was no business to come before the Board of Health at this time. There being no fmther bus/ness, Board Member Nichulson moved to adjourn the meeting Sncunded by Board Member Voetberg, Carried by the following vo~e: Yeas--42hairpersun Brady, Board Members Duleh, Klncsncr, Krieg, Nag)e, Nicholson, Vootberg. Nays--None. Mary A. Davis City Clerk 1993. Regular Session, April 20, 1992 140 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, Al~il 20, 1992. Council Met at 7:30 p.m. Public Library Aed~torium. Present: Mayor Brady, Council Memben Dulch, Kluusnc~, Kfieg, Nngle, Nicholsun, Vcotborg, City Manager W. Kenneth Gearhart, C~fion Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the Regular Meeting of the City Council called for the purpose to ~ct upon such business which may properly come before the Council. PROCLAMATIONS .. April 25th as "ARBOR DAY" received by Steve Pregler, April 20 thru 26 as "COMMUNITy DEVELOPMENT WEEK" received by Jim Burke; April 25 as WORKERS MEMORIAL DAY" received by Francis Giunta; April 26 thru May 2 as "BET,4 SIGMA PHI WEEK" received by Ruth Moore; May 1 thru 7 as "RESPECT FOR AW WEEK ~ece]ved by filll Hcorstmunn. Council Member FAuusner moved that the rules be suspended to allow anyone premnt to address the Council if they so desire. Seconded by Council Member Nichol~on. Carried by the following vote: Yeas--Ma}or Brady, Council Members Deich, Kluesner, Krieg, Nagle, Niehol~on, Voetherg. Nays--None. Communication of Barry Tngeler of Tngaler's Inc. objecting to proposed traffic control plan for the re-surfacing of Central Avenue between 32nd and 21st Street and submitting an alternate route, presented and re~d. Council Member Klncsunr moved that the cormnuulcafiun be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yem---Mayor Bmfly, Cunncfl Members Dulch, Klunsnor, Kring, Nngie, Nicholson, Vcotberg. Nay~--Nune. Mr. Tngul~ spoke requnsfing project be done in ~ngmunta ~o as to have less negative impact un his bealnuss. Communication of The Till~ Truck Task Force and Dubuque County Historical Society submitting a cooperation ngmernent for the prcservntion of the old Dubuque Fire Department Tiller Truck, presented and read. Council Member Kluesncr moved that communication be munived and filed and referred to the City Munnge~. Seconded by Council Member Hieholsun. Carried by the following vote: Yeas--Mayor Brady. Council Members Deieh, Klue, sner. Krieg, Nagle, Niche/sun, Voetberg. Nays--None. JeffZaseda, 1941 Lngun, spoke requesting that the fire truck be saved Council Member Klunsne~ further moved that it be resolved to support the decisiun to ttun over to the Historical Society. Seconded by Council Member Deich. Carried by the foliowing vote: Yeus--Mayor Brady, Council Members Deich, Klunsunr, Kting, Nngle, Nicholson, Voetberg. Nays= Nune. Petition of Attorney Mark Wiliging, on behalf of Leu Ann and Victor Stecber, requesting un extension of thc conditions contained in Rusalutiun No. 473-90 which aPl:rOVed the final plat of the Subdivision of Lot I of Lot I of Stecber Place, presented and read. Council Member Kring moved that the petition be reunlved and filed. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Klncsncr, Kring, Nagle, Nicholson. Voetberg. Nays---None. RESOLUTION NO. 126-92 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVISION OF LOT I OF LOT 1 OF STECHER PLACE IN THE CITY OF DUBUQUE, IOWA SUBJECT TO CERTAIN CONDITIONS ACCEIq~D BY THE OWNERS. 141 Regular Session, April 20, 1992 Whereas, pursuant to Resolution No. 473- 90 the City Council of the City of Dubuque, Iowa ~Inoved the fianl plat of the Subdivision of Lot 1 of Lot I of Stecber Plac~ in the City of Dubequ0, Iowa subject to anr~n coaditloos nc~ptcd by the owners; and Where,, thc conditions placed on the said final plat by Rcaniution No. 473-90 ~quired that one of the following two conditico; ~ met within =i~hteen 08) months of the approval of said plat: 1) Both Lot 1 of I of I of Stecber Pl~e undLot 2 of I of 1 of Stecher Pbice must be combined with an adjoining lot with aduqu~te frontage to mant the requirements of beth thc Subdivision and Zoning O~dinance, or 2) Through dedication of public right- of-way the lot be made to n,~et the lot frontage reqalrem~nts of both tho Subdivision attd Zoning Ordinances. Wbere, as, the l~esent owners of Lot 2 of Lot 1 of Lot 1 of Steches Place in the City of Dubuque, Iowa, ave Leu Ann Stecher and Victor P. Stecher. Wbereas, thc present owner of Lot I of Lot 1 of Lot 1 of Stecher Place, in the City of Dubuque, Iowa is Hohnocker, Incorporated. Whereas, e~ch such owner has requested thc City Council of the City of Dubuque, lows, to extend the time by which one of the two aforementioned conditions must be met from thc present tcqoi~cmcnt of May 19, 1992 to November 19, 1992. Whereas, thc City Council of the City of Dubequei Iowa finds that such an extension is reasonable and not adverse to the public NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That tho time by which thc owners of Lot 1 of Lot 1 of Lot 1 of Stecber Place and Lot 2 of Lot 1 of Lot 1 of Stecber Place must meet or~ of thc two conditions plsced on ~id lots by Resolutico No. 473-90 is bel~by extended from May 19, 1992 to November 19, 1992. Section 2. That the Mayor and City Clerk be and they ~ hereby empowered to execute any docomants necnssmy to grant said extension, including this Resolution, and tha Mayor and thc City Clesk are hereby empoweaed to certify this Resolution. Section 3. That the City Clerk by and she is hereby directed to file a certified copy of this Resolution in thc Offices of the Dubuque County Recorder, Auditor and passed, approved and adopted this 20th day of April, 1992. Attest: Mary A. Davis City Clerk Imncs E. Brady Mayor Council Member lC, icg moved adoption of the Resolution. Seconded by Council Member Nag, lc. Can'ied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klucsncr, Kricg. Nagle, Ninholson, V~tberg. Nays--None. RK$OLUTION NO. 12%92 A RESOLUTION ENDORSING VISION 2000... A FU'HJRE FOR . THE TRI-STATE COMMUNITY Whereas, The Tri-state Community 2000 Steering Committee has guided the tri-state community through a year-long process of cormnunity meetings, a reactor group session, a oitizen-ioput questionnaire, and a community validation and assessment survey, the purpose of which was to p~vc at a vision, a target, an idealized description of the futu~ of our community, toward which long-range plans can be formulated; and Wberees, thc Tri-State Community 2000 Steering Committee has now developed and distributed to thc community thc Vision 2000 . . . a Future for the Tri-State Community statement, attached hereto and incolporated ben,in, intended te capture and record a Regular Session, April 20, 1992 142 consensus vision for the futu~ of m community; and Wbereas. the Tri-State Commuaity 2000 Steering Committee seeks to ccoununlesto and promote this vision of our future; and Whereas, the City Council of the City of Dubeque, lows, desires to recognize the process that led to this vision statement and NOW TIIFAREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. Vision 2000... A Futerc for the Tfi-Stete Community is hereby endorsed by the City Council of thc City of Dubuque. Iowa. Section 2. The City Council of the City of Dubuque, lows, does bemby commit itself to implementing plans toward the reality of the vision statement and to an ongoing process of revisiting the vision, and to communicating and promoting this visine of our futu~, Passed, approved and adopted this 20th day of April, 1992. Jam~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagl¢. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesuer, Krieg, Nagle, Nicbelson, Vcetberg. Nays--None. Dave Rusk, 2340 Coates St., ruquested approval of the Resolution. Communication of City Manager submitting an Oniinance in response to a petition by Michael E. Po~zen changing the street narr~ of Counsel Court to Dalisa Court, presented mid read. Council Member Kluesner moved that the communication be ~celved and filed. Seconded by Council Member Voethurg. Carried by the following, vote: Yan~--Mayor Brady, Council Membees Deich, Kluemer, Kficg, Nagie, Nichoison, Voetberg. Nays---None. An Ordinance Changing Coun~l Court to Dallas Court, p~sented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 29-92 AN ORDINANCE OF THE CIT~ OF DUBUQUE~ IOWA CHANGING COUNSEL COURT TO DALLAS COURT. NOW, TIU~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Counsel Court, as adopted by Resolution No, 25-92, for the final plat of Lots 4, 5, and 6, and Lois 32-39 inclusive and Lot C of Nonhrange Subdivision No.2 and recorded as Reference Instrument No.3391-92, be changed to DaUes Cou~ Section 2. That the City Clerk is authorized and d~ncted to ;ccord a certified copy of thc onllnance in thc Office of the County Recorder, County Auditor and City Assessor of Dubuque County, Iowa. Section 3. This ordinance shall be in full for~ and affect from and after its final passage, adoptim and publication as provided by law. Passed, approved and adopted this 20di day of Alnil, 1992. Iaracs E Brady Mayor Arrest: Ma~y A. Davis City Clerk Published offidally in the Telegraph Herald newspaper this 24th day of AIxil, 1992. Mary A. Davis It 4/24 City Clerk 143 Regular Session, April 20, 1992 Council Member Klucsucr moved flat this be ~onsido'ed the first marling of the Ordinance, and th~ the mqu~ement that a proposed OMin~ce be considered aed voted on for tnssngo at two council rfl~tings prior to the mo~ting at which it is ~ he finally ad{ri}ted he suspended and fu~ltm' moved final adoption of thc Or~n~. Seconded by Couucll Member Voethcrg. Canlad by the following vote: yeas--Mayor Brady, Council Membe~ Delch, Kluesnor, Kdng, Nngln, Niciioison, V~ctberg. Nays--Norm. Communication of Attorney Arthur F. CAlloon on behnif of Rick Putchio, owner of 560 Maplewood Court, and Pres. of Senior Assistance Scwiues, Inc. ruquesting time for further discussion on this malter, invented and read. Council Member Klucsner moved that the communication be received and filed. Seconded by Couucil Member Nicholson. Curried by the following vote: Yeas---Mayor Brady, Conncil Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays---None. Attorney Arthvx CAlloon on behalf of R. Putchio, spoke. Barb Horsfall, 1655 Finley, Randy Hammerand, Howard Hammerand, Lois Schuster, all spoke in favor of the ¢ldody ;~sidantial facility. Attorney Al Hughes also spoke. Communication of Dave Baker, Piesident of Local 421, General Drivers & Helpers Union, requesting time to address issues ~ngarding a consultant's study involving our Knyliue Transit System, and presentation of a petition objecting to Keylinc Transit System reduction of sesvic~, presented and reed. Couv~il Member Kluesner moved that thc c~auunnication be received and and n:fene, d to Staff for clarification report citing reasons for any decisions. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Memben Dnich, Kluesucr, Kring, Nngle, Nicholson, Voetberg. Nays None. RESOLUTION NO. 128.92 NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tbe following having complied with thc provisiom of law relating to thc sale of Cigarettes willfin the City of Dubuque, Iowa~ be granted a pcrc~/t to scli Cigarettes and Cigarette P~pors within said City. Hot~c of China, D.T. 801 Main Street House of China 170 $. F. Kennedy Rd Passed, approved and adopted this 20th day of April 1992. James E. Brady Mayor Attest: Mmy A. Davis City Clerk Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klucsner, Nagle, Nichoison, Voetherg. Nays--Council Member Kring. RESOLUTION NO. 129-92 Wberees, Applications for Beer Peru/ts have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, The premises to be occupied by such applicants were inspocted and found to comply with the Onllnances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Walgreons Co. Walgreens Sunday Sales 555 J. F. Kennedy passed, appmved and adopted this 20th day of April, 1992. James E. Brady Mayor Mmy A. Davis City Clerk Regular Session, April 20, 1992 144 Council Member Nicholaon moved adoption of the Resolution. Seconded by Council Member Nngle. Ca~ried by the following vote: Yeas--Mayor Brady, Council Membe~ Deich, Kluesnor, Nngle, Nicholson, Voetberg. Nays--Couucll Member Kfing, RESOLUTION NO. 1~0-92 Whereas, applications for Liquor Licenses have been submitted to this Council for app{oval and tho same have been examined and approved; and Wbere~s, the p~mises to be occupied by such applicants were inspuc~ed and f~d ~ ~ly ~ ~ S~ ~w ~d ~ ~ ~n~s ~lev~t ~e~to ~d ~y have fil~ ~r NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE ARA Leisure Services, Inc. Dubuque Greyhound Park Sunday Sales E 16th SL Ext. Central Tap, Inc. Central Tap, Sunday Sales 1046 Ceatml Donna M. CAnter West Dubuque Tap Sunday Sales 1701 Asbury Beverly A. Larsen Denny's Lux Club Sunday Sales 3050 Asbmy Marco's, lac. Marco's. Inc. 2022 Central Riverside Bowl, Inc. Sunday Sales Riverside Bowl 1860 Hawthorne Jalrtos L Webb Jim's Web Sunday Shies 2093 Washington D.B.Q. Inc. Shot Tower Inn Sunday Sales 390 Locust Donald M. Bumboom (6 Mos.) Pelican Pier Sunday Sales 1635 E. 16th Para,ed, approved and edopted this 2nth day of April, 1992 Attest Mary A. Davis City Clerk James E. Brady Mayor Council Member Nichohon moved ad~tion of the Resolution. Seconded by Co.cfi Me~ N~I~ ~ by &e f~o~ vo~: Y~y~ B~y, Co~ Me~ ~ch, ~, ~, N~e, Nic~, V~. 9:07 p.m. Council recessed; 9:23 p.m. Council reconvened. Proof of Publication certilled to by thc Publisher on Notice of Public Heating to vacate and dispoae of City's interest in a 5 foot utility easement in Embassy West No. 2, presented and read. There were no Written objections received and no oral objectors present at the time of the Heating. Council Member Khiesnor rno(,ed that the proof of publicafon be received and filed. Seconded by Council Member Deich. Canied by the following vote: Yea~--~Maycr Brady, Council Members Deich, Kluesner, Kring, Nngle, Nicholson, Vuetberg. Nays--None. RESOLUTION NO. 131-92 Whereas, pm'suent to resolution and published notice of time and place of hearing, published in the Telegraph Herald newspaper, a newspaper of general circulation published in the City of Dubuque, lows on 10th day of Alnil, 1992, the City Council of the City of Dubuque, lows met on the 20th day of Alii, 1992, at 7:30 p.m. in the Public Library Au~torium, llth and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the vacation and release of real estate described as: The northerly five (5) fo~ portion of an existing 10 font wide utility easement on Lot 8 of Block 2 of Emba~y West No. 2 in the City of Dubuque, as shown on the plat filed July 17, 1991 recorded as 145 Regular Session, April 20, 1992 lnsmm~nt ~248-91 in thc office of the Reoor&z of Dubuque County, Wbezeaz, the City Council of the City of Dubuque, Iowa oven'uled any and all objections, oral ue written, to the ~ to dispose of interest of the City of Dubuque, Iowa, in tho h~einabove dr~eribud ~d NOW THUREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dispceal of the interest of the City of Dubuque, Dubuque County, Iowa in ~ property described az the northerly five (5) fco~ pt~tton of an existing I0 foot wide utility ceaement on Lot 8 of Block 2 of Embassy West in tho City of Dubuque, lows be and the sarue is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be autho~zed and d~rected to execute a Relca~ of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Westside Development Association upon receipt of the above fees. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubeqne County Recorder and the Dubuque County Auditor. Passed, apptoved and adopted this 20th day of April, 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesner moved adoption of the Resolution. Sccoeded by Council Member Deich. Carried by the following vote: Yes~-Mayor Brady, Council Members Deich, Klecsuer, Krieg, Nngle, Nicholson, Voet~rg. Nays---Nane. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider vacating a portion of an existing public alley between Kirkwood and Bellevue Streets and disposing of same, presented and ~ni. There w~ no objections received and no oral objectors p~sent at the limo of the He..~ing. Coun~l Member Vo~tburg moved that the proof of publicatlon be received and filed. Seccoded by Council Member Niohol~on. Carried by the following vote: Ye.~---Mayor Brady, Council Members Doich, Kluesner+ Kfing, Nngle, Nicholson, Voetberg. Nays---None. An Ordinance V$caling a portion of an existing public alley between Kiskwood and Bellevue St~ets West of Blake Sneer, property to be known az Lots 17A, 19A and 20A in Union Subdivision, said Ordinance having been presented and ~ at the Council Meeting of April 6, presented for final a~tion. (OFFICIAL PUBLICATION) ORDINANCE NO. 30-92 ORDINANCE VACATING A PORTION OF AN EXISTING PUBLIC ALLEY BETWEEN KIRKWOOD AND BELLEVUE STREETS WEST OF BLAKE STREET Whereas, Alfred & Marion F. Witliun, John R. & Janet T. Hilley, and Ronnid D. & Julic A. Schlader have ~quested tbe vacating of a pod/on of an existing public alley between Kirkwood and Bellevue Streets west of Blake Strcet; and Whereas, Buesing & Associates, Dubuque, Iowa has prelmred and submitted to the City Council a plat showing the vacated posen of an exishng public alley between Kirkwood and Bellevue Streets west of Blake SUe. et and assigned lot numbers thereto, which hereinafter shall be known and described as Lots 17A, 19A and 20A in Union Avenue Subdivision in the City of Dubuque, Dubuque, County, Iowa; and Wbe~ts, the City Council of the City of Dubuque. Iowa has determined that this portion of an existing public alley between Kirkwood and Bellevue S~cet$ west of Blake S~xeet is no longer w~lnired for public use except for eazernents as shown on the plat, and vacating of said potion of an existing public alley between Kiskwood and Bellevue S~re~ts west of Blake Street known Regular Session, April 20, 1992 146 as Lots 17A, 19A and 20A in Union Avenue Subdivision in the City of Dubuque, Dubuque County. Iowa, shodid be approved. NOW TI~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUB, IOWA: Section 1. That the real aatam desecibe~ aa Lots 17A, 19A and 20A in Union Avenue Subdivision in the City of Dubuque, Iowa, be and the anw~ is hereby vacated. Section 2. The City reserves unto itself a perpetual utility easement as shown on the attached plat inciuding the right of ingress and ngreas thereto, for the pmpcee of erecting, installing, constructing, recenstmcting, rq~iring, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable and electric lines az may be anthorized by the City of Dubuque, Iow$~ Passed, apln~oved and adopted this 20th day of April, 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Published officially hi the Telegraph Herald newspaper this 24th day of April, 1992. Ma~y A. Davis It 4/24 City Clerk Council Member Voetberg moved final adoption of the Ordinance Secoaded by Council Member Nicholson. Carried by the following vote: Yeas~Mayor Brady, Council Members Dnich, Klueaner, Krieg, Nagla, Nicholsco, Voetherg. Nays--None. RESOLUTION NO. 132-92 Wbereaz, puxscant to ~olution and published notice of lime and place of heating, published ht the Tehigmph Herald newspaper, a newspaper of general circulation published in the City of Dubuque, Iowa on the 10th day of April, 1992, the City Council of the City of Dubuque, lows met on the 20th day of April, 1992, at 7:30 p.m. in the Public Library Auditorium, llth and Lcoust, Dubuque, Dubuque County, Iowa to cooaldar the proporni fo~ the sale of real estate described as: Lot 17A of Union Avenue Subdivision to Alfred & Marian E Wittlne Lot 19A of Union Avenue Subdivision to John R. & Janet T, Hilley Lot 20A of Union Avenue Subdivision to Ronnid D. & Sulie A. Scblader Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the groposal to dispose of inte~st of the City of Dubuque, Iowa in the bereinabove deso/bbd real estate to Alfi'ed & Marion F. Witfine, John R. & Jar~t T. Hilley, and Ranald D. & Julie A. NOW TIIEREFORE, 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, Dubuque County, Iowa in real property described aa LOt 17A in Union Avenue Sub.vis/on in the City of Dubuque, Iowa to A]fied & Marion F. Witfiue be and the same is hereby approved for the sum of $518.00, plus one- third of publication and filing fees, Lot 19A in Union Avenue Subdivision in the City of Dubuque, Iowa to John R. & Janet T. Hilley be and the same is hereby approved for the sum of $122.00, plus on-third of publication and filing fees, and Lot 20A in Union Avenue Subdivision in thc City of Dubuque, Iowa to Ronald D. & Julie A. Sohlader be and the same is bereby appcoved for the sum of $144.00 plus oue-third of pubficatian and filing fees. Section 2. The City reserves unto itself a Perpetual utility easement as shown on the attached plat including thc right of ingress and egress thereto, for the purpose of erecting, installing, constructing, recoustrecting, rqadrlng, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed and the City Clerk be and is hereby authorized and directed to deliver said deeds 147 Regular Session, April 20, 1992 of conveyanc~ to the above n~ned granges up~ receip~ of the porch~e Inice in full. Section 4. That the City Clerk be and is hereby authmized and d~ectad to record a ce~ified copy of this resulution in thc office of the City Assessor, Dubuque County Recorder and the Dubuque County Au~tor. Passed, appzoved and adopted this 20th day of April, 1992. Attest: Mary A. Davis City Clerk JalF~s E. Brady Mayor Council Member Vootberg moved adoption of th~ Resolution. Seconded by Council Member Nicbolso~. Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klansner, Kficg, Nngla, Ninbeison, Voetherg. Nays--None. Proof of Publication certified to by tho Publisher on No,ce of Public Hearing to consider wanning Frel~r~y loca~d Sooth of Highway 20 West of English Mill Road and East of the No.hwast Arte~ni from AG and C-3 to. PC District (Wal-Mart Store), and communication of Wendell P. Lockard, owner of the Skate Country, requesting installation of fo~r-way intersection for traffic regarding development of this property, and canununtcadon of Attorney Wm. IAllia, oo behalf of Mathy Paving, Inc. objecting to r~zonlng request, presented and read. Council Member Voetberg moved Ihat the proof and oommunicatioos be ~ecelved and filed. Seconded by Council Member Kring. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Riuasner, Krlng, Nngl¢, Nicholson, Voetberg. Nays--None. Jeff Cneenvnx)d, Attorney for W. Lockard, slated no objections to propozad plans if proper access given to l~openy, and access paid for by someone other than his client. Dave Schlueter, 3645 Crescent Ridge, Bill Neun~ister, 3674 Crescent Ridge, Brian Lanuners, owner of White Front Fueds on Crescent Ridge, Steve Koopman, lcarer of Skate Country, Elaine Kelly, owner of Coach House, Mazy Neumcister, 3674 C~scent Ridge, all spoke to thc traffic concerns on Crescent Ridge and proper intersecti~ design. Ken Bucsing of Buesing and Assoc. spoke to proposed ac~ss road. An Ordinance an~nding Zoning O~dl- mince by reclassifying property loooted South of Highway 20, West of English Mill Road and East of the Northwest Arterial from AG Agrinnimml and C-3 General Commercial Districts to PC Planned Commercial District and aI~'oving a Conceptual Development Plan., said Ordinance having been presented and re~d at the Council Meeting of April 6, 1992, pr~entad for fiual action. (OFFICIAL PUBLICATION) ORDINANCE NO. 31-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA~ BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPER~Y LOCATED SOUTH OF HIGHWAY 20, WEST OF ENGLISH MILL ROAD AND EAST OF THE NORTHWEST ARTERIAL FROM AG AGRICULTURAL AND C-3 GENERAL COMMERCIAL DISTRICTS TO PC PLANNED COMMERCIAL DISTRICT AND APPROVING A CONCEPTUAL DEVELOPMENT PLAN. Whereas, Wni-M&rt Stores, Inc., applicant, has fllad a ~u~t f~ mni~ ~sifi~fion ~d ~n~ devel~ent ~v~ f~ ~n ~cs h~in~r delhi, in ~ ~ ~visions of ~ ~ Pl~ ~r~ ~ct ~g~afi~ ~ sot f~ in S~fion 3-3.8(D) of~e ~e of ~n~s, A~n~x A ~f, of ~e ~ of Du~que, low~ ~d Where., the Zoning Commission has held a public hearing on said zoning reclassiflcadon and conceptual development Regular Session, April 20, 1992 148 plan approval pursuant to required published notice; and Wbere.~z, the Zoning Comn'~ssioo has approved said zoning rc~lassificatioo and ~ devd~nt pl~ a~v~ su~t ~ s~flc ~ie~s ~d ~s~edons ha~ng found ~t ~d ~ ~f~ ~ · e ~ew s~s a~e ~ such pl~s ~ set f~ in ~on 3-3.8~)(4) of ~e C~ of ~n~a, A~n~x A ~f, of · e ~ of Du~q~, low~ ~d Whereas, the Zoning Commission recommeaded the c~cm'rance of the City Council of the zoning reclassification and approval of said conceptual development plan; and Whereas, the City Council has received the ~eonm~ndation of tbe Zoning Commission and has held lis own public he~ulng on said zoning reclassificatioo and conceptual devcioprnent plan pursuant to rcqalred published notice; and Whereas, the City Council has approved said zoning reclassification and conceptual development plan subject to the same specific conditions and restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordinance of thc City of Dubuque, Iowa, be amended by revising Appead~x A thereof, also known as the Zoning O-~dinance of the City of Dubuque, lowa, to reclassify hereinafter described property from AG Agricultural to PC Planned Commercial District, to wll: Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot I of Lot 1 of the Southwest 1/4 of thc Southwest 1/4; Lot 1 of Lot 1 of Lot 1 of Mineral Lot 287; Mineral Lot 288; Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 289; thc former abandoned highway right-of-way, and to thc center line of the adjoining public right-of-way, all in Section 28, Dubuque Township, in the City of Dubuqne, Iowa. Section 2. Tim thc Cado of Ordinances of the City of Dubuque, Iowa be arc~aded by revising Appendix A thereof, also known as the Zoning Ordnance of the City of Dubuque, lowa, to reclassify hereinafter described property from C-3 General Commercial District to PC Planned Commercial, to wit: Lot 2 of Lo~ 1 of LOt 2 of LOt 3 of NE 1/4 of SW 1/4; Lot 2 of 2 of 3 Of NE 1/4 of SW 1/4; LOt 2 of the Sub of Lot 1 of Lot I of Lot 1 of Lot I of Lot 1 of Lot 1 of SW 1/4 of SW 1/4; LOt 2 ofl of Minend Lo~ 287 and LOt 2 of 1 ofl of MineralLot 287 of SE 1/4of SW 1/4; LOt I of 2 of SW 1/4 of SW 1/4; Lot 2 of I of 1 of I of SW 1/4 of SW 1/4; and the South 1]2 of Lot 2 of 1 of 1 and Lot 2of2 ofSW l/4of SW 1/4; and to the center line of the adjoining public right-of-way; all in Section 28, T89N, R2E of the 5th PM in ~e City of Dubuque, Iowa~ Section 3. That in c~der to acoomptish the purpose of the PC Planned Corarrercial Disuict of the Zoning Ordinance of the City of Dubuque, Iowa, the conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved, subject m the following conditions and re~s~iedon: Usc regulations, The following regulations shall apply to all uses l~rmitied of land in thc above demeribed PC Planned Commercial District: l) The principal permiUed uses shall be limited to: a) Regional Shopping Center 2) Tho ac~ssory uses shall be limited to any uses customaffiy incidental and subardinate to the. principal use. b) Lot and bulk regulations. Development of land in this pardcniar PC Planned Commerdni District shall be regniated as follows: 149 d) Regular Session, April 20, 1992 1) All structures shall be located in substantial con fo~anee with the approved conceptual development plan for this shopping center, 2) No building o~ strectorc shall exceed 30 feet in height on the sit~ 3) Adequate throagh space behind the building shall be provided for fire vehicle, s. Pinking i~.qdiremunts. The off-street parking mqalrements for ~e ~nci~ ~t~ ~s PI~ Com~rc~ ~s~ct s~l ~ · e ~m~ of one s~ f~ ~h 2~ squ~e f~t of gr~s fl~ ~ a~ssi~c ~ ~e gc~t~ public ~ shown on thc conceptual devei~nt pi~. Site plan provisions. The site dcvclopmunt stendards for this PC Planned Commercial Distrct shall bo as follows: 1) That the east access drive into the proposad shopping center shall bo constructed to provide a straight access from Wal-Mart's parking lot to an intersection with Highway 20. Crescent Ridge shall bo designed to intersect with the Wal-Mart access drive at a "T" intersection. 2) Thc landscaping and screening requirements shall bo established in accordance with the xeqnirements of Section 4-5 of the Zoning Ordinance of the City of Dubuque. All other site development standards of Section 4-4 shall apply. Additional landscaping of coniferous and deciduous screening shall be provided adjoining Highway 20, 3) All utility m~nsmisaion lines, including telephone and cable, television shall bo installed underground. 4) A five foot fence shall be installed around the detention basin. Signs. Signs for this PC Planned Comro~cial District shall be the sarue ~s that which are allowed for shopping centers in the C-3 Commercial Distrct, as provided in Section 4-3.11, Schedule of Sign Regulations of thc Zoning Ordinance of the City of Dubuque. Time Limitation. The timetable for construction and submittal of a final rite developmcat plan shall bo establisbed in confornmnee with thc foliowing standards: 1) The conceptual development plan shall bo valid for a period of three years, provided a final site development plan is salxnitted within one year from the date of adoption. g) Transfer of Ownership. Transfer of owanr~hip or lease of property in the PC Harmed Cormm~cial District shall include the transfer or leesc agreement, a provision that the purchaser or loasee acknowledges awansunss of the conditions authorizing thc establishment of this district. Section 4. That a final site development plan shall be approved by the City Planner if found te bo in conformance with the amended collceptaal development plan. If found to bo in conformance with said plan, the issuance of building permits shall bo pem,.itted. Following approval of the final site development, no construction may take place ~xcept in substantial conformance with such plan. Regular Session, April 20, 1992 150 Passed, approved and adopted this 20th day of April, 1992. Attest: Mary A. Davis City Clerk James E Brady Mayor ACCEIYFANCE OF ORDINANCE NO. 31-92 I, John Grimes, Real Estate Manager, Wal-Mart Stox~s, lr~., having read the terms and conditions of the foregoing Ordinance No. 31-92 and being familiar with the conditions tboreof, hereby accept this same and agree to the conditions ruqnired therein. Dated in Dubuque, Iowa this 8th day of June, 1992. By:/si John Grimes, Real Estate Mannge~ Wal-Mart Stores, Inc. Published officially in the Telegraph HeraM newspaper this 31st day of July, 1992. Mary A. Davis It 7/31 City Clerk Council Member Voctborg moved final adoption of the Ordinance, as amended and instruct Staff to straighten out East end and mak~ a straight intersection into Crescent Ridge. Seconded by Council Member Kring. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nngle, Nicholson, Voetherg. Nays--None. Communication of City Manager submitting documunts providing for the hidding process for thc Wall Replacement to the Sludge Handling Building at the Eagle Point Water Plant, presented and read. Council Member Vcetborg moved that thc communication bo received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Kh~sner, Kficg, Nngle, Nicholson, Vcctborg. Nays~None. RESOLUTION NO. 1~3-92 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Whereas, the proposed plans, specifications and form of conWact for the Eagle Point Water Plant Sludge Hundllng Building Wall Replacement - Dubuque, Iowa in the nstimated amount of $179,000 have been im~pared by llW Engineers and Surveyc~ under the direction of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications, and form of contract arc approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 2filh day of April, 1992 James E. Brady Mayor Attest: MMy A, Davis City Clerk Council Member Vo~tborg moved adoption of ~ Resolution. Seconded by Council Member Nichoison. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesanr, Krieg, Nnglc, Nicholson, Voetborg. Nays--None. RESOLUTION NO. 134-92 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval of the proposed plans, specifications, and form of c~mtract and placed same on file in the office of the City Clerk for public inspection of the Eagle Point Water Plant Sludge Handling Building Wall Repiacem~nt = Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That on thc 18th day of May. 1992, a public hearing will bo held at 7:30 151 Regular Session, April 20, 1992 p.n~ in the Public Libra~ Aaditmium at which time in~sted peahens ~y a~ ~d ~ h~ f~ ~ ng&nst ~c ~ pl~ ~d ~fi~o~, f~m of ~n~t ~d ~t of ~d i~mve~ und ~e ~ Ci~k ~ ~d ia h~by ~ ~ ~ a nofi~ of ~ ~d ~ of s~h h~ng ~ ~ pub~ah~ in a newsier havre gan~ cfi~adon in ~ City of Dub~u~ low~ wMch n~ sh~ ~ n~ less ~ fo~ days n~ ~ ~ ~en~ days ~i~ m ~e ~y ~ f~ i~ ~sid~a~on. At ~ ~g, ~y in~a~ ~ ~y a~ ~d file obj~s ~ the ~ plan~, ~t of &e i~v~nc Passed, approved and adopted this 20th day of April, 1992. James E, Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetbe~g moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfing, Nngla, Nicholson, Vootberg. Nays--None. RESOLUTION NO. 135-9~ ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tbe project tilled Eagle Point Water Plant Sludge Handling Building Wail Replacement - Dubuque, Iowa is hereby ordered to be advertised for bids for construction. Section 2. That the amount of the security to acoompuny each bid shall be in an amount which shall conf,-an to the provisiuns of the notice to bidders hereby approved as part of the plans and specifications heretofore adopted. Section 3. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein pl~ovided, to ha published in a newspaper having genc~ai circulation in tbe City of Duhaque, Iowa, which notice shall not be less than fou~ days nor mom than twenty days prior to the receipt of said bids at 2:00 p.m on the 12th day of May, 1992. Bids shall be opoued and read by the City Cierk at said time and will be submilted to the Council for llnui action at 7:30 p.m. on the 18th day of May, 1992. Pasged, approved and adopted this 20th day of AI~, i992. Jmnes B, Brady Mayor Angst: Mary A. Davis City Clerk Council Member Voetharg moved adopllon of the Resolution. Seconded by Council Member Nicholson. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klecaner, Kring, Nagle, Nicbelson, Voetherg. Nays--None. Communication of City Manager responding to a January 3. 1992 request from Rick Streif and Bob Leytem for the vacating of an existing public alley hatween Lots 3 and 4 of Fidiey's Addition in the City of Dubuqu~ from Asbury Road easterly 198 feet to the easterly line of said Lots 3 and 4, pr~ented and mad. Council Member Voetharg moved that tho communication be received and filed. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Brady, Council Members Duich, Kluesner, Krleg, Nagle, Nicholson, Vcotborg. Nays--None. RESOLUTION NO. 136-92 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN LOTS 3 AND 4 OF FINLEY'S ADDITION IN TtHg CITY OF DUBUQUE FROM ASBURY ROAD EASTERLY 198 FEET TO THE EASTERLy LINE OF SAID LOTS 3 AND 4 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated March 15, 1992~ pmpumd by Buesing & Associates of Dubuque, Iowa, describing the pr~osed vacated alley between Lots 3 and 4 of Finley's Addition in Regular Session, April 20, 1992 152 the City of Dubuque from Asbmy Road easterly 198 fe~t to the easterly linc of said Lots 3 and 4; and Where., said plat confomm to the laws and statute~ pe~taiuing thereto. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the plat dated March 15, 1992 pmpa~t by Buedng & Associates, relative to the ~ esune hamirmbove described be and the stone is hereby approved, and the Mayor and City Cierk be and they a~ hereby authorized and directed ~o execuu~ said plat for and on behalf of the City of Dubuque. Iowa, Section 2. The City ~eserves unto itselfa perpetual easement including the right of ingress and ogress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owmng, operating, and maintaining water, sewer, d~uinage, gas, telephone, t.v. cable and electric lines as may be authbrized by the City of Dubuqun, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of thi~ resolution in the office of the Recorder, in and for Dubuque County, lows. Passed, approved and adopted this 20th day of April, 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetberg moved adoptioa of the Resolution. Seconded by Council Member Nagle. Carried by the followlng vote: Yoas~Mayor Brady, COuncil Members Deich, Klecaner, K~eg, Nagle, Nicholson, Voetberg. Nays---None. An Or&annce Vacating an Existing Public Alley between Lots 3 and 4 of Finley's Addition in the City of Dubuque from Asbury Road Easterly 198 Feet to the Easterly Line of Said Lots 3 and 4, presented and read. Council Member Voetharg moved thut this I~ conaldared thc fi~t reading of the Ordinance, and that the ruqu&ement llmt a I~ Ordiunnc~ be oun~iddred and voted on for passage at two council meetings prior to the m~eting at which it is to be finally adopted be suspended and further moved that a Public Heating ha held on the Pmpuaed O~dinunce on the 4th day of May, 1992 at 7:30 p.m. in the Public Library Auditorium and that the City Ciunk publish notice in the manner prescribed by law. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Klieg, Nngbi, Nichol~on, Voethegg. Nays---None. RF~OLUTION NO. 137-92 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 3A IN FINLEY'S ADDITION IN THE CITY OF DUBUQUF~ IOWA Whereas, Rick Streif & Bob Leytem have requested the vacating of an existing public alley between Leu 3 and 4 of Finley's Addition in the City of Dubuque f/om Asbury Road easterly 198 feet to the easterly llne of said Lots 3 and 4; and Whereas, Buetfing & Associates of Dubuque, Iowa has prepared and submitted to the City Council a plat showing the vacated lx~tion of said ailey and essigned lot numbers theceto, which hamingfter shall be known and described as Lot 3A in Finley's Addition in the City of Dubuque, lows; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this alley is no longer requhed for public use except for easements as noted, and vacating and saie of said alley known as LOt 3A in Finley's Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends ~o dispuao of its interest in Lot 3A in Fiuiey's Addition in the City of Dubuque, Iowa. 153 Regular Session, April 20, 1992 Section 2. That the cunveyan~ of Lot 3A in Finiey's Addition in ~e City of Dubuque, Iowa to Robe~ Leyt~n be contingent upon the plus publication and filing fees, Section 3. The City reserves unto itsalf n pe~etuel easement including the right of ing~ss and egress thereto, for the pmlx~ of erecting, installing, constructing, reconstructing, tq~tiriag, owning, operating, and maintaining wntor, sewer, d~inagc, gas, tolophoue, t.v. cable ~md eluc~tc lines us nmy be uuthusised by the City of Dubuque, low~. Section 4. That the City Clerk be and is he, by authorized and d~octed to cause a notice of intent to dispose of usid real uste~ to be published in the toanunr as Prcs~ibed by law. Passed, ~vpmved and adopted this 2Oth day of Alnil, 1992. Attest: Mary A. Davis City Clerk James E. Brady .Mayor Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle, Canied by the following vote: Yeas~Mayce Brady, Council Memben Dcich, Klueaner, Krle~, Nagla, Nicbelson, Vuetberg. Nays---None. Communication of City Manager submitting a Resolution initialing the process to deed the Jutien Dubuque Grave site property to the State of lowa. Dcpumnunt of Natural Resevw. es, presented and read. Council Member Dciub moved that the cormnunicatiun be l~ceived and filed. Seconded by Cunncil Member Nichoison. Carried by the following vote: Yeus--Council Membe~ Dnich, Kluesner, Kriag, Nagle, Ninhoison, Voetburg. Nays--Mayor Brady. RESOLUTION NO. 138-92 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN REAL PROPERTY KNOWN AS JULIEN DUBUQUE'S GRAVE Wlmcm, the City of Dubuque is the owner of cm~qin real esmta locat~i in Dubuque Connty, Iowa, known an Julinn Dubuque's Grave, and legally daanribed as follows: Lot I of Government Lot l, in Section 5; Lot 2 of Lot 5 of Government Lot I, in ' Won 6; Township 88 Nonli, Range 3 Easi of 5th p.m., in Dubeque County, Iowa, uc~'diag to tbe respective recorded And Whc~as, the City d~sires to convey all its sight, title and interest in such l~Opo~y to The D~pamuent of Natural Resources, acting for thc Stale of Iowa, for th~ sum of One Dollar ($1.00). NOW THERF~ORE, BE IT RESOLVED BYTi~ CITy COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, lowa, intends to dispose of all right, title and inte~st of the City of Dubuque in the real propoly lagnily described above. Section 2, A public hearing on the dispo'~l of its right, title and internist in such real property to the Department of Natmal Resources, acting for the State of iowa, for thc sum of Oun Dollar ($1.00) is hereby set for the 4th day of May, 1992, at ?:30 p.m. in the Public Lilmtty anditodum, llth & Locust, Dubuque, Dubuque County, Iows. Section 3, The City Clerk is hereby authorized and directed to publish notice, as provided in Iowa Code Section 362.3, of this Rusolutlon and of the data, time and place of the public hearing thereon. Passed, ~l)proved and adopted this 20th day or April, 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Regular Session, April 20, 1992 154 Council Member Deinh moved adoption of the Resolution. Seconded by Council Member Nichulson. Cat-fled by the following vote: Yeas--Council Members Duich, Kluesner, Krieg, Nagle, Nicholson, Voetbu~g. Nays---Mayor Brady. MINUTEs SUBMITTED -- Cable Community Telopr~ramming Commission of 4.7; Cable TV Regulatory Commlssio 4.8; Eluctficni Code Board of 3-27; Historic Preservation Commission of 3-16 & 4-8; Housing Commission of 3-10, Investment Task Force of 3-31 & 4~7; Library Board of Trustces of 3-26; Park & Recweation Comtnission of 3-10, Plumbing Bom-d of 3- 26; Zoning Commission of 4-I; Zoning Beurd of Adjusto~nt of 3-26, pl~sente<l and ~v-adCouncil Member Voetherg moved that the tninutes be received and fried. Sucondc~ by Council Member Nichulson. Carried by the following vote: Yeas--Mayor Brady, Co,null Members Dcich, Kluesner, Krieg. N~le, Nichoison, Voetherg. Nays--None. NOT/LES OF CLAIMS/SUITS .. Norman Kormann, in unknown amount for personal injuries; Dorothy Lampe in unknown amount for personal injuries; Donald Lunge in amount of $360.70 for vehicle dun~ges; Tina Link by Patrick McCnny in estimated amount of $128.50 for vehicle damages; Kathy Zcltuet in amount of $257.80 for vehicle damages; Catole R. Po~tor in amount of $500.00 for vehicle damage~; Janet S. Grass in amount of $129.52 for vehicles damages; Charl~ I. Wussels, in amt. of $86.28 for personal injmy; Kevin A. Ryan in amt. of $86.50 for personal injury, prusented and read. Council Member Voetberg moved that the claims and suits be referral to the Legal Staff for investigation and report. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Klucsner, Krieg, Nagle, Nichoisun, Voetberg. Nays--None. Communications of Cmporailon Counsel advising of referral of fullowing claims to Crawford & Company. the agent for the Iowa Communities Assurance Pool: Car damage claim of Michelin and John Gantz, Jr.; Car damage claim of Deborah Harvey; Car damage dalm of Matthew Hurm; Cm- damages claim of John Lcsch; Personal injuries claim of Barbara B. Milieg Property damage claim of Car~e Sefzik. pmannted and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Nichulann. Canied by th~ following vote: Yess--Mayur Brady, Cunncil Memburs Duich, Kluesner, Kriag, Nagin, Nicholsea, Voetberg. Nays--None. Communication of Director of Community Planning and Development Division of HUD submitting foHow-op to the review of the City of Dubuque's Community Development Block Gnmt Program, and xeed. Council Member Voetber~ moved that the communication be received and filed. Seconded by Council Member Nicholson. Can-ied by thc following vote: Ye. aa---Mayor Brady; Council Membe~ Dalch, Kluesner, Krieg, Nagle, Nichulson~ Voctberg. Nays--None. Communication of City Manager sulxnltting City of Dubuque Financial Report fur the month ending March 31, 1992 and Proofs of Publication on List of Cinims paid for month of Februnty, 1992; Notice of sdixnission of Grantee Perfolmtanc~ Repo~ for calendar year 1991 to HUD, presented and read. Council Member Voethurg moved that the communication and In'oofs be received and filed. Seconded by Council Member Nichulsun. Carded by the following vote: Yeas--Mayor Brady, Council Membu~ Ddich, Kluesner, Kfieg, Nagle, Nicbelsun, Vunthurg. Nays--Noun. Communication of City Manager submitting the proposed Five Yexr Street Construction Program, l~esented and read, Council Member Voetberg moved that the communication be rece/ved and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, FAuusner, Krieg, Nagle, Nicholann, Voetberg. Nays--None. RESOLUTION NO. 1~9-92 RESOLUTION APPROVING A TENTATIVE FIVE YEAR STREET CONSTRUCTION PROGRAM Whereas, there has been prepared a tentative Sue, et Cunstructiun Program for Fiscal Years 1993-1997; and 155 Regular Session, Aprli 20, 1992 Whereas, said constructiou i~ogmm nmst be filed with the lows Dep~Umnt of Tmnsportatiun by May 1, 1992 for the purpose of allocating Ro~d Use Tax Funds to munidpa{iti,~; and Wher~s, this Council has reviewed the tentative Street Coostsucfio~ Program as submitted. NOW T~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the tentative five year Street Coustmcfiou Program for Fiscal Yeas 1993-1997 be and the same is hereby approved and the Mayor is hereby authorized and directed to sign this resolution. Section 2. That the City Manager is hereby authorized and directed to forward the ~eqnired documents relating to the five ye~c SU~et Construction Program to the lows Department of Trunsponatiou. Passed, approved and adopted this 20th day of Alnil, 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voctberg moved edoptiou of the Resolution, Seconded by Council Member Nicholsun. Carried by the following vote: Yess~Mayor Brady, Council Members Deich, Kine~ncr, Kfiag, Nagle, Nichdson, Voetberg. Nays--None. Communication of City Manager sulmfitting a Management Agreement for Riverview Park with John and Mary Miller and requesting authmizatlon for execution, presented and w, ad. Council Member Voetberg moved that the communication be received and tiled and approved execution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klansner, Kriag, Nagle. Nicholson, Voetberg. Nays--None~ Con~nunic~ion of Zoning Commission advising of their approval of final plat of Subdivisions of Lots 1-6 inclusive of Bissell Place, 1100-1150 Main Sueot (TI~i Compeny), presented and read. Council member Voetberg moved that the conmmnlcation be ~ucotved and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yean~Mayor Brady, Council Members Deich, Klananer, Krlng, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 140-92 A RKSOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THROUGH 6 INCLUSIVE OF BISSELL PLACE 1N TH~ CITY OF DUBUQUE, IOWA. Wberea~, them has been filed with the City Clerk a final plat of Lots 1-6 inclusive of Bissell Place, in the City of Dubuque, Iowa; and Whereas, said final plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and Whereas, said final plat has been exatrdned by the City Council and die City Council finds that file same conforms to the statutes and o~dlnances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-dascfibed final plat be and the same is hereby approved and the Mayor and City Clerk a~ hereby authorized and d~ectnd to endorse thc approval of the City of Dubuque upon said final plat. Passed, approved and adopted this 20th day of April, 1992. Attest: Mazy A. Davis City Clerk Jam~s E. Brady Mayor Regular Session, April 20, 1992 156 Council Member Voetber8 moved adoption of the Resolution. Seconded by Council Member Nicholson. C.~-ied by the following vote: Yeas---Mayor Bnaly, Council Membe~ Deich, Klansncr, Krieg, Nagle, Nicholsoo, Voetberg. Nays---Nune. Communication of Zoning Commission advising of their approval of final plat of Lots 7-31 and Lot D of Northrangc Subdivision No. 2 NotOmmgc Court and North Court (Michael PorCh), presented and ~cad. Council Member Voethe~g moved that the corcanunicafion be received and filed. Seconded by Council Member Nichoison. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Voetberg. Nays--None. RESOLUTION NO. 141-92 A RESOLUTION APPROVING TH~ FINAL PLAT OF LOTS 7 THROUGH 31 INCLUSIVE AND LOT D OF NORTHRANGE SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final pint of Lots 7 through 31 inclusive and Lot D of Northrange Subdivision No. 2 in the City of Dubuque, Iowa; and Whereas, upon said final plat appear slreets to be known as Northrange Court and North Court, together with certain public utility and Sanitary and storm sewer easements which the Owners, by said final plat have dedicated to the public forever, and Whereas, said final plat has been examined by thc Zoning Commission and had its approval endorsed therenm subject the owners agreeing to thc ounditions noted in Section 2 below; and Whereas. said final plat hns been examined by the City Council and they find that it conf~rms to the statutes and ordinances minting to it, except that no streets or public utilities have yet been conslructed or instal]ed; and Whereas, the City Council coocur~ in the condltiuns of approval established by thc Zoning Commissior~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the dedlcalion of No,hrange Court and North Court, together with the easements for public utilities, as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That die final plat of Lots 7 through 31 inclusive and Lot D of Nonhrange Subdivision No. 2 in die City of Dubuque, Iowa is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of tho City of Dubuque, Iowa, upeo said final plat, provided the owners of said l~'operly herein named, execute their written eccepta~e beroto attached ngmeing: To reduce Northrange Court and North Court to grade and to cons~uct concrete corb and gutter and to hm'd surface with asphniilc concrete, or with concrete paving with integral curb, all in accordance with die City of Dubuque standard specifications; all in ~ manner acceptable to the City Engineer and in conformance with ounsh'uction improvement plans approved by die City Engineer. b. To instsll sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevmd stree~ lighting and erosion coni~ol devices all in accordance with the City of Dubuque standard specifications and in accordance with constraction improvement plans approved by the City Engineer, and inspected by the City Engineer. c. To construct said improvements, except sidewalks, prior to one year from the date of ~cceptance of this resolution, at the sole expense of the aundivid~r, as owner, or futme owner, 157 Regular Session, To maintain the public improvements, except sidewalks, for n pcrind of two (2) years from the date of the accep~mce of tha~ improvements by ~u~ City of Dubuque, Iowa, at the sole expense of the subdivider, as owner, or futme To construct sidewalks/ti aec~dance with the ~qulrem~nts of Section 4~ 24(e) of the City Code, specifically: Sidewalk installation shall be the responsibility of thc owner of the plx~-rty abuding the public right-of- way. Thc responsil~.lity shall extend to all suncessor~, he~ and nssigune, s. Sidewalk insadintico will not be required until the development of the lot has been completed, except as required herein. In sparsely developed sub.visions, sidewalks on developed lots will not be requi~d until 50% of the lots apgrovod by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80~ of the lots aplroved by the plat. and further provided that said Michael and Sara Pox~en, as owners of said property, shall secure the performance of the fnscgoing condltioos provided in Section 2 by providing scemity in such form and with such sureties ns may be acceptable to the City Maungcr of the City of Dubuque, Iowa. Section 3. That in the event that thc owners shall fail to execute thc acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the date of thc Resolution, thc provisioos ha~eof shall be null and void and the aeceptaunc of the dedication and approval the plat shall not be effective, Passed, approved and lidopted this 20ih day of April, 1992. Jmnes E. Brady Mayor Attest: Mary A. Davis City Clerk April 20, 1992 ACCEPTANCE OF RESOLUTION NO. 141-92 We, thc undersigned, Michael and Sara Potion, having zend the teams and conditions of the Resc~utioo No~ 141-92 and being familiar with the conditions thereof, hereby accept this same and ~ to the conditions ~juired thcxein. Dated in Dubuque, Iowa this 20th day of May, 1992. By/si Michael Pottzen By/s/Sara Port.zen Council Member Voetbe~ moved adoption of the Resolution. Seconded by Coundl Member Nicholsen. Carried by the following vote: Yans~Mayor Brady, Council Members Dnich, Kluesunr, Krieg, Nagle, Nicholson, Voetberg. Nays---None. Commtmicalion of Zoning Commission advising of their approval of final plat of Sunny Slopes Phase II Lots 7-12, Block 4, Lots 1-13, Block 5, Lots 1-21, Block 6, Lots 1-12, Block 8, Lots l-0,Blunk 9,Lots 1-6, H, l, J, K, L and M Radfc~d Road, Embassy West and Camelot Drive, Radford Rood Development Company,/ presented and rendCotmcil Member Vodther~ moved that the conmmdication be received and filed. Seconded by Council Member Nichoison. C&rried by the following vote: Yeas---Mayor Brady, Council Members Deich, Klananef, Krieg, Nagle, Nichoison, Voetberg. Nnys~None~ RESOLUTION NO. 142-92 A RESOLUTION APPROVING THE FINAL PLAT OF LOT~ 7 THROUGH 12 INCLUSIVE, OF BLOCK 4, LOTS I THROUGH 13 INCLUSIVE, OF BLOCK $, LOTS I THROUGH 21 INCLUSIVE, OF BLOCK ~, LOTS I THROUGH 12 INCLUSIVE, OF BLOCK 8, LOTS I THROUGH 9 INCLUSIVE, OF BLOCK 9, LOTS I THROUGH 6 INCLUSIVE, OF BLOCK 10, LOTS I THROUGH 2 INCLUSIVE, OF BLOCK 12, LOTS 1 THROUGH 18 INCLUSIVE, OF BLOCK 13, Regular Session, April 20, 1992 158 BLOCK 1], AND LOTS F, G, I~ t, J, K, L, AND M OF SUNNY SLOPE E,~TATES IN THE CITY OF DUBUQUE, IOWA. Whereas, there has bern filed with the City Clerk a final l~at of Lots 7 through 12 inclusive, of Block 4, Lots I tkrough 13 incinaive, of Block 5. Lots 1 through 21 inclusive, of Block 6, Lots I through 12 inclusive, of Block 8, Lots I through 9 inclusive, of Block 9, Lots 1 through 6 inclusive, of Block 10, Lots 1 through 2 inclusive, of Block 12, Lots 1 thnmgh 18 inclusive, of Block 13, Block 11, and Lots F, G, H, I, $, K, L and M of Sunny Slope Estates in the City of Dubuque, Iowa; and Whereas, upon said final plat appear streets to be known a~ Camelot Drive, Hummingbird Drive, Sunny Slops Drive, Notthstst Drive, l~ng View Drive and Radford Road together with ceftin public utility and sanitm~ sewer, storm sewer and water easements which thc owner by said final plat have dedicated to the public forever, and Whereas, said final plat has been examined by the Zoning Commission and had its approval endorsed thereon subject the owner agreeing to the conditions noted in Section 2 below; and Wbereas, said finsi plat has been examined by the City Council and they find Wbeteas, the City Council concurs in the condillons of approval established by the Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That thededlcation of Camelot Drive, Sunny Slope Drive, Hummingbird Drive, Long View Drive, Northstar Drive and Raflford Road, together with the easements for pubhc udiltiez, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the san~ ~ hereby aceopted; and Sontion 2. Tbet theplat ofLo~s 7 through 12 inclusive, of Block 4, LOts I fl~ough 13 inclusive of Block 5, LOts 1 fl~0ush 21 inclhsive of Block 6, LOts I through 12 inclusive of Block 8, Lots 1 through 9 inclusive of Block 9, Lots 1 through 6 inclusive of Block I0, Lots I through 2 inclusive of Block 12, Lots I through 18 inclusive of Block 13, Block 11, and Lots F, G, H, J, K, L and M of Sunny Slope Estates in the City of Dubuque, Iowa is hereby approved and the I~myor and City Clerk tu'e hereby authorized and directed to endorse the apptovel of the City of Dubuque, Iowa, upon said final plat, provided the owner of said property herein named, execute their written acceptance hereto nttechod agreeing: To reduce Sunny Slope Drive, Camelot D~ve, Hummingbird Drive, Northstar Drive, Long View Drive to grade und to consUuct co~crete curb and gutter and to hard sm-face with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications; all in a manner acceptable to thc City Engineer and in confomumco with construction improvement plans approved by the City Engineer. To install sunha~ sewer maim and sewer service laterals into each individual lot, water nmins and water setwice inte~ls into each incfividual lot, storm sewers and catch basins, boulevard sUeet lighting and erosion control devices all in accordance with the City of Dubuque standard specifications and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. To construct sa/d improvements, except sidewalks, prior to one year from thc date of acceptance of this resolution, at the sole expanse of the ~subdivider, as owner, or futu~ 159 Regular Session, April 20, 1992 d, To maintain the public imlx'oven~nts, except sia..walks, a ~ ~ ~o (2) y~ ~m ~ im~v~n~ by ~e Ci~ of Du~q~, low~ at ~ ~le of ~e su~vider, ~ o~r, ~ fu~ To construct sidewalks in acec~ance with the re~luirements of Section 42. 24(e) of the City Code, specifically: Sidewalk insUfllation shall be the respossibility of the owner of the property abutting the public fight-of- way. Thc ~csponsilility shall extend to all successors, htlrs and assignees. Sidewalk installation ~ not be required until the development of the lot has been completed, except as required he.in. In sparsely developed sund/visions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of ~be lots aplgoved by the plat And furt~r provided that said Radford Road Development Company, ss owner of said property, shall secwe the performance of the foregoing conditions provided in Section 2 by providing ~e~mity in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. That in file event the owner shall fall to execute tile acceptance and furnish thc security provided in Section 2 bevY, of within forty-five (45) days after the date of die resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 20th day of April, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEffFANCE OF RESOLUTION NO. 142-92 We, the enderggned, Redford Road Develolm~nt Co., having read the tem~ and conditions of die Resolution No. 142-92 and being famili~x with thc conditions tbemof. hereby accept this same and ague to the conditions xequi~l diemin. Dated in Dubuque, Iowa this 4th day of May, 1992. Redford Road Development Co. By:/s/Ernest M. Qunde By:/si Gene F. Sullivan Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kineaner, Ksing, Nngle, Nicholson, Voe~erg. Nays--None. Communication of Zoning Commission advising of their approval of final plat of Subdivision of Lot I of Archdiocese Place No. 2 at Key West Military Road (Dubuque County), David L & Shirley Lambert, presonwd and re,ed. Council Member Voetberg moved that thc cgmmuniemion be leceived and filed. Seconded by Council Member Nichoison. Carried by the following vote: Yess---Mayor Brady, Council Members Deich, Kluesner, Kring, Nngin, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 143-92 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDWISION OF LOT I OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST IN DUBUQUE COUNTY, IOWA. Wbemas, there has been filed with the City Clerk a final plat of the Subdivision of Lot 1 of Archdiocese Place No. 2 at Key West in Dubuque County, Iowa; and Whereas, said final plat has been examined by the City Planuing and Zouing Commission and h~al its approval endorsed Regular Session, April 20, 1992 160 Whereas, said final plat hu been apl~oved by the City Planning and Zoning Commission on the condition that a 20-foot terninus into Lot 2 of 1 be provided if access is not allowed onto Mili~ Road; and Wberess, said final plat has been examined by the City Counc'fl and the City Council finds that the same co~forms to the statutes ~d ordinances relating thereto. Wbereas, the City Council concurs in the condition of approval established by the City Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. *]Chat the abevc4escribed final plat be and die same is hereby approved and the May~ and City Clerk am hereby authorized and directed to endorse the approval of the City of Dubuque upon said final plat provided that the owner of said property shall execute a vnitten acceptance hereto attached, acknowledging and agreeing: A 20-feet wide all weather road with a onl-de-sac terminus into Lot 2 of 1 be provided if access is not allowed onto Militax~ Road. Section 2. That in file event the owner falls to execute the acceptance provided for in Section I herein wifilin 45 days after die da~e of fills resolution, the provisions herein shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 20th day of April, 1992. Attest: Mary A. Davis City Clerk Jarms E. Brady Mayor ACCEPTANCE OF RESOLUTION NO. 143-92 We, the undersigned, David L. Lambert and Shirley L~qbe~ having read thc terms and conditions of thc Resolution No. 143-92 and being f~lllinr with the conditions thereof, he. by accept this same and ngree-to thc conditions mquixed die~aln. Dated in Dubuque, Iowa this 24th day of April, 1992. By/si)avid L. Lambert By/s/Shirley Lambert Council Member Voetherg moved adoption of the Resdution Seconded by Council Member Nicholson. Carried by the following vote: Yess~Mayo~ Brady, Council Members I~ich, Kineaner, Kring, Nngle, Nicholson, Voefilerg. Nays~None. Communic~ion of Zoning Commission advising of their approval of finalplat of Southgate Center, 2nd Addition, East of Highway 61-151 and South of Highway 52 and 67, Dan Mueller, presonled and ren~. Council Member Vo~tberg moved that die conm~unionfion be received and filed. Seconded by Counc'fl Member Nicholson. Carded by the following vote: Yeas---Mayor Brady, Coune'd Members Deich, Kluesne~, Kriag, Nagle, Hicholson, Voetberg. Nays--None. RF~OLUTION NO. 144-92 A RESOLUTION APPROVING THE FINAL PLAT OF SOUTHGATE CENTER SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA. Wberess, there has been filed with the City Clerk a final plat of Southgate Center Second Addition in file City of Dubuque, Iowa; and Wbereas, upon said final I/at apl~ar with certain public utility easermnts which the Owners, by said final pl~ have dedicated to die public forever, and Whereas, upon said final plat appears certain private streets to be owned by, and maintained to City standards at file sole expense of the owner, Dubuque Southgate Development Corporation, or his successors as assigned; and 161 Regular Sssslon, April 20, 1992 Whereas, said final plat has i~en examined by the Zoning Commission tutti had its approval endorsed thereon subject to thc owners agn~ng to the conditions noted in Section 2 below; and Whe~ls, said final plat has been examined by the City Council and they find cons~ucted or installed; and Whereas, thc City Council concurs in the conditions of approval established by the Zoning Commission. NOW, THEREFORE, BE IT RF. SOLVED BY *FILE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section I, That thc dedications of the easements for public utilities, sanitary sewer, stom~ sewer and water mains as they appear upon said final plat, be and the san-~ are hereby accepted; and Sccllon 2. That the plat of Southgate Center Second Addition is hereby approved and the Mayor and City Clerk arc hereby authorized and directed to endorse the approval of thc City of Dubuque, Iowa, upon said final plat, provided the owners of said property heroin nmned, execute their written acceptance hereto attached agreeing: To reduce Stone Hill Drive to grade and to construct concrete cu~ and gutter and to hard surface with asphaltic concrete, 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 cc~ffommuce with Cons~uction improvement plans approved by the City Engineer. b. To install sarfitaty sewer mains and sewer service laterals into each individoal lot, water maim and water service laterals into each individual lot, stca~m sewers and catch basins, boulevard sweet lighting and erosion conrail devi~ all in accordance with the City of Dubuque standerd specific~tior~ and in accordance with conaV.~uction improvcrc~nt phms approved by thc City Engineer, and inspec~d by the City Engineer. To consffnet aald improveanents, prior to one year f~om the date of acceptance of this resolution, at the sole expense of the subdivider, as owfler, or inRlre ow~el~, That thc streets and utilities located in Stone Hill Drive in the City of Dubuque, Iowa, slmll be private sueets and private utilities as shown up~ the plan and fttrther providing that the city nmy enter such streets to provide necessary emergency services or other services or duties which it may be obligated by law to perform on thc premises; that thc city may cuter the street and perform ne(~ssary maintenance whenever the private owner falls to do so, and assess all costs to timt owner(s) or or service, described herein, performed by the City of Dubuque, lowa, on Stone Hill Drive shall be successors as assigned and a llen placed upon said real property. f, To install temporary cai-dc-sac(s) at the end of Stone Hill Drive, az improvereent plans. That all improvements to said property conform to the eoncoptaal development plan of the Southgate PC Planned Commercial District or its amendments as alrlm~ved by the Dubuque City Council, Resolution 49-90. And further provided that said Dubuque Southgate D~velopn~nt Corporation, as owners of said property, shall secure thc performance of the foregoing conditions provided in Section 2 by providing security in such form and with such sureties as rp~y be acceptable to the City Manager of the City of Dubuque, lowa. Regular Session, April 20, 1992 Section 3. That in tho event the owner shall fail to execute the acceptance and furnish the security provided in Section 2 hereof within forty-five (45) days after the date of the Resolution, the provisions bereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Approved 162 1993. 1993. Passed, approved and adopted this 20th day of Aplil, 1992. Attest: Mary A. Davis City Clerk James E. Mayor ACCEPTANCE OF RESOLUTION NO. 144-92 We, the undersigned, Dubuque Southgate Development Corporation, having read the terms and conditions of the Resolution No 144-92 and being familiar with thc conditions thereof, hereby accept this szmc and agree to thc conditions reqalmd therein Dated in Dubuque, Iowa this 3rd day of June, 1992. Dubuque Southgate Development Corporation By/s/Raymond MneUet By/s/Daniel Mueller Council Member Voetberg moved adoption of thc Resolution. Seconded by Council Member Nicholson. Canind by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kinesner, Krlcg, Nngle, Nicholson, Voetberg. Nays--None. There being no further business, Council Member Voetbeeg moved to adjourn the meeting. Seconded by Council Membe~ Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nichoison, Vo~tberg. Nays--None. Meeting adjourned at 11:18 p.m. Mary A. Davis City Clerk