The URL can be used to link to this page

1992 June Council Proceedings213 Regular Session, May 18, 1992 FIRE F~UIPM~NT OPERATOR Robert Baker Kenneth Metz Christopher Miller Robert Laubscher, Jr. Ronald Swarlz FIRE LIEUTENANT Joseph Blodgett Robert Baker Eugene Hudek Rick Bankson Robert I~ubscber, Jr. Tenyl Stewart Thomas Ready Daniel Gansen FIRE CAPTAIN Rick Steines Michael Weidemann Michael Burds Roger Voss James Imhoff Dardel Sullivan E. Daniel Brown James Potter Richard Jones Council Membex Krlag moved that it be resolved to send letter to legislatures snd govcraor stating our objections to proposed tax fix~ze. Seceded by Council Member Voetberg. Can'led by the following vote: Yeas---Mayor Brady, Council Mumbers Dcich, Kluesner, Kfiag, Nagle, Nicholson, Vuntberg. Nays--None. There being no further business, Council Member Kluesner moved ~o ~jom'n the meeilng. Seconded by Council Member Na~le. Canted by the following vote: Yeas--Mayor Brady, Conner Members Deich, Khiesner. Kriag, Nagin, Nicholaon, Voetbegg. Nays--Noun. Meeting adjourned at 11:02 p.m. Mary A. Davis City Clerk Approved 1993. FIRE CAPTAIN INSPECTOR Robert Waddick Respectfully submilted, Robert M. Miller Pat Dillon Tom Rawson Civil Service Commission Mayor Council Member Voetberg moved that the communicallon be mccived and filed ~md mada a nmtter of record. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesunr, Kriag, Nagle, Nicholson, Voetherg. Nays--Noun. Communication of City Manager requesting approval of Cash Matching Funds in an amoum not to exceed $645.00 to assist with microfilming of original City Records for the period of 1837 to 1900, prezented and mad. Council Member Voetberg moved that the communication be received and ftied and fund request approved. Seconded by Council Member Nicbolsc~. Carried by the following vote: Yeas---Mayo~ Brady, Council Members Deich, Klu~sner, Ktfag, Nagle, Nicholson, Voetberg. Nays--None. Attest: Regular Session, June 1, 1992 214 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, June 1, 1992. Council met at 7:30 p.m., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nicholson, Voetbevg, City Manager W. Kenneth Gearhart, Corporation Counsel Ban~ A. Liadahl. Mayor Brady read the call and stated this is the Regular Session of the City Council called for the pttrpese to act upon such business which may properly come before the Council. Invocation wa given by Colin Wheatiey, Eider of the Church of Jesus Christ of Latter Day Saints. PROCLAMATIONS -- June 7th as "National Cancer Survivor's Day" received by Lea Ge~loff; June 20th as "Dollars Against Diabetes Day" received by Bill Ilerrig. Council Member Kluesner moved to suspend the rules to allow anyone present to address the Council if they so desire. Secondad by Council Member Nicbolson. Carried by the following vote: Yeas~Mayor Brady, Council Members Ddich, Kluesner, Krleg, Nagle, Nieholson, Voetberg. Nays--None. PUBLIC HFdkRING DEFERRED FROM NOVEMBER 18, 1991 ON 1991 SIDEWALK CONSTRUCTION PROGRAM; EQUESTRIAN HEIGHTS SUBDIVISION #1 AND #2; SUNSET PARK SUBDIVISION #4 AND CLARKE CREST ESTATES SUBDIVISION. Communication of Gerald Finzel submitting his comments regarding installation of sidewalks in the above project and communication of Attorney William Maiers, representing homeowners in Sunset Park Subdivision #4 and requesting to address the Council regarding objections to proposed Resolution of Necessity, presented and read. Council Member Kluesner moved that the communlcafions be received and filed. Seconded by Council Member Nieholson. Carried by the following vote: Yeas~Mayor Brady, Council Members Dcich, Kluesner, Nagle, Nichoison, Voetbevg. Nays~ouncil Member Krleg. Attorney Bill Mainrs, representing owners of Sunset Park #4, requested deferring of project. Ien'y Finzel and Curule Swift endorsed sidewalk project. RESOLUTION NO. 185-92 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 16th day of October, 1991, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 1991 Sidewalk Construction Program; Equestrian Iieights Subdivision #1 and #2. Sunset Park Subdivision #4, and Clarke Crest Estates Subdivision. Whereas, notice of heating on plans, specificmions, form of contract, and estimated cost was published as required by NOW THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvemente for said project. Passed, approved and adopted this 1st day of June, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicbolson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Nagle. Nicholson, Voetberg. Nays--Council Member Kfieg. 215 Regular Session, June 1, 1992 RESOLUTION NO. 186-92 RE~OLUTION WITH RESPECT TO THE ADOPTION OF Tlt~ RESOLUTION OF NECESSITY PROPOSED FOR THE 1991 SIDEWALK CONSTRUCTION PROGRAM; EQUESTRIAN HEIGHTS SUBDIVISION #1 AND g2, SUNSET PARK SUBDIVISION #4, AND CLARKE CREST ESTATES SUBDIVISION Whereas, the City Council has proposed a Resolution of Necessity for the 1991 Sidewalk Constr~ction Program; Equeslrian Heights Sub, vision #1 and #2, Sunset Park Subdivision #4, a~d Clarke Crest Esta~s Subdivision, has given notice of file publiv hearing filereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is penc~ng before this Council; and Whereas, this is file time and place set as provided for file taking of action on file proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted as amended by the Schedule of Assessments attached hereto ~s Exhibit A, and made a pag hereof by reference. All objections filed or made having been duly considered are oven~led. Passed, adopted and approved this 1st day of June, 1992. James E. Brady Mayor Attest: Mary A. Davis CBy Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicholson. Canied by file following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Nnglc, Nicbelson, Voetherg. Nays--42oancfl Member Kfing. RESOLUTION NO. 18%92 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 1991 Sidewalk Conslxuction Program; F~uestriun Heights Subdivision #1 and #2, Sunset Paxk Subdivision #4, and Clarke Crest Estates Subdivision is hereby ordered to he advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall he in an amount which shall conform to the provisions of the notice to bidders bel~by approved as a ~ of file plans and specifications heretofore adopted. That the City Clerk is hereby directe~ to advertise for bids for file construction of file improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, lowa, which notice shall not he less than four days nor more than twenty days prior to file receipt of said bids at 2:00 p.m. on the day of December, 1991. Bids shall be opened and reed by the City Clerk at said time and will be submitted to file Council for final action at 7:30 p.m. on file 16ill day of December, 1992. Passed, approved and edopted this 1st day of .lune, 1992. Attest: Mary A. Davis City Clerk Ian~s E. Brady Mayor Council Member Klunsncr moved edoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members D~ich, Kluesner, Nagle, Nicholson, Voetberg. Nays---Council Members Krlng. Mayor Brady moved that it he resolved to adjust the assessment of propeay owner Del Tucker as that sidewalk runs into the paved portion of file cul-de-sac. Seconded by Coancil Member Kluezner. Carried by the following vote: Yens--Mayur Brady, Council Members Deich, Klunsner, Nicbeison, Voetberg. Nays~uncil Members Kfieg, Nagle. Regular Session, June 1, 1992 216 Prcof of Publication certified to by file Publishc~ on Notice of Hcadng on Plans and Specifications for conslruction of Center Grove [hive Sanitary Sewer Extension, and petitions of Edward J. Zaiaznick and Center Grove Land Co. and Gary's Automotive by Gray Pfab objecting to proposed Resolution of Necessity and requesting the proposed improvement be nbamloned, presented and reed. Council Member Voetberg moved that the prcof be received and filed. Seconded by Council Member Nngle. Carded by file following vote: Yeas--Mayor Brady, Council Members Dcich, Fduosner, Kfieg, Nagle, Nicbelson, Voetberg. Nays None. RESOLUTION NO. 188.92 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereto, on the 29fil day of April, 1992, plans, specifications, form of contract and estimated cost were filed with file City Clerk of Dubuque, Iowa for the Centex Grove Drive Sanitary Sewer Extension. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by NOW THEREFORE, BE IT RESOLVED BY TtlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That file said plans, specifications, form of contract and estimated cost am bemby approved ss the plans, specifications, form of contract and estimated co~t for said improvements for said project. Passed, adopted and approved this 1st day of June, 1992. Atte$t: Mary A. Davis City Clerk Council Member James E. Bredy Mayor Voetherg moved adoption of the Resolution. Seconded by Council Member Nagle. Caniad by file following vote: Yeas--Mayor Bredy, Council Members Dcich. Kluesner, Kring, Nngle, Nichulson, Voetberg. Nays--None. Proof of Publication certified to by file Publisher on Notice to Propexty Owners on hearing of proposed Resolution of Necessity for project and certificate of City Clerk stating cextified notices were sent to property owners on May 15, 1992, presen~l and reaul. Council Member Voetberg moved that file proof and certificate be received and filed. Seconded by Council Member Nngin. Carried by the following vote: Yeas~Mayor Bredy, Council Members Deinh, Kluesnor, Kiing, Nagi¢, Nieholson, Voetherg. Nays--None. RESOLUTION NO, 189-92 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE CENTER GROVE DRIVE SANITARY SEWER EXTENSION Whereas, the City Council has proposed a Resolution of Necessity t~' the Center Grove Drive Saaitmy Sewer Extension, has given notice of file public hearing thereon az required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is file tim~ and plac~ set as provided for the taking of action on file proposed Resolution of Necessity. NOW TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That file proposed Resolution of Necesaity described above is hereby: Adopted, without amendment, and all objections filed or made having been dully considered ate ovemfled. Passed, edopted abd approved this 1st day of June, 1992. Jnmes E. Brady Mayor Atr~t: Mary A. Davis City Clerk Council Member Voetberg moved edoption of the Resolution. Seconded by Council 'Member Nagie. Can'ied by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nicbelson, Voetberg. Nays--None. Council Member Nicholson moved to amend tbe description of file property to reath N. Balance of Lot 28 Center Grove Addition (file easterly 83 feet only). 217 Regular Session, June 1, 1992 Seconded by Council Member Kring. Carried by the following vote: Ye~s--Mayor Brady, Council Members Deich, Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 190-92 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Center Grove Drive Sanitary Sewer F~tension is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the ~carity to accompany each hid shall be in an amount which shall conform to the provisions of the notice to hidders be~eby approved as a pa~ of the plan~ and ~pecifications hemtofo~ adopted, That the City Clerk is hereby directed to adverti/e for hids for the construction of the improveav, outs hercin provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which no,ce shall not be less than four days nor more than twenty days prior to the reculpt of said hids at 2:00 p.m. on the 18th day of lune, 1992. Bids shall be opened and read by the City Clerk at said tin~ and will be submitted to the Coundl for final action at 7:30 p.m. on the 6th day of July, 1992. Ps.ad, adopted and approved this 1st day of June, 1992, James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nag!e. Canicd by the following vote: Ye.as~Mayor Brady, Council Members Dnich, Kluesner, Kfing, Nagle, Nicholson, Vcetberg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Pubric Hearing to consider an O~dinance amending Ordinance No. 75-90 by amending hems of operation for property at 60~-609 E. 22ad Street, presented and toad. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Faing, Nagle, Nicholson, Voetberg. Nays--None. Ray Fuller, 653 W. llth St. ~.xluested favorable consideration of the Ordinance. Tom Swift stated that there was no problems with the hours. Attoruny Stuart Hoover, 216 CyCare Plaza, stated that the additional hours arc needed for the muning of the restaurant by his client. Jim Thill, 531 E. 22nd, stated no objections if used for restaurant only. Robert Williams, 567 University, requested that the hours be granted. Mary Ann Miller, 602 E. 22nd St., stated that 8 of 12 neighboring households not in favor of addifioual hours. An Ordinance Amending Ordinance No. 75-90 which established a C-I Ncighberhoed Commercial District, with Conditions, for property located at 60%609 E. 22nd Street, by deleting (3) in the Memorandum of Agreement and adopting in lieu thereof, a new (3) for Hours of Operation, first reading only given at the meeting of 5-18-92, presented for final action. Council Member Klncsner moved that this be considered the second reading only of the Ordinance, and stated specific hours of being open be from 10 a~m. to 10 p.m. Seconded by Council Member Nagle. Carried by the following vote: Yem--Mayor Brady, Council Members Deich, Kluesner, Nagle, Voetberg. Nays--Council Members Kfieg, Nicbelson. Council recessed at 9:26 p.m.; Council roconvened at 9:44 p.m. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider an ordinance providing for a Conceptual Development Plan for property located on Kelly's Bluff, presented and read. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by CounCil Member Nicholson. Carried by the following vote: Ye~--Mayor Brady, Council Members Dcich, Klucsunr, Kring, Nagle, Nicholson, Voetbe~g. Nays--None. Judy Bakey, 155 St Mary's St. and Brace Oestreich, 189 St. Mary's objected m development because of possible mn-off problems. Wayne Norman, Jr., Jeff Nagle, Warner Wright requested adoption of the Ordinance. An Ordinance 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 adopting a Conceptual Development Plan for property Regular Session, June 1, 1992 218 lo~ated ou Kelly's Bluff, first reading only given at the meeting of 5-18-92, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 39-92 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 ADOPTING A CONCEPTUAL DEVELOPMENT PLAN FOR PROPERTY LOCATED ON KELLY'S BLUFF. Whereas, Jeffrey Nagle, inoperty owner, has riled a conceptual development plan for hereinafter described property in acce~dance with the provisions of the PR Plan,ed Residential District regulations as set forth in Section 3-1.6(D) of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Com~ulssiou has held a public heating on said amended conceptual development plan pursuant to required publisbed notice; and Whereas, the Zoning Commission has approved said conceptual development plan subject to specific conditions and restrictions having found that said plan conforms with thc review standards apl~icabhi to such plans as set forth in Section 3-1.6(D) of thc Cede of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa. Whereas, the Zoning Commission has reconunended the concurrence of the City Council in approval of said conceptual devciopmcnt plan; Whereas, the City Council has received the recommendation of the Zoning Commission and held its own public heating on said conceptual development plan pursuant to reqaimd published notice. Where~s, thc City Council has approved said conceptual development plan subject to the same specific conditions and resections. NOW, TDEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That in order to accomplish the purposes of the PR Planned Residential District of the Zoalng Ordinance of the City of Dubuque, Iowa, a conceptual development plan for "Kelly's BlufF, a c~py of which is att$ched hereto ~nd made a pm't be~cof, is beteby adopted and approved for the following described property, to wit: Lots 1, 2, 4, 5 and 6 of Kelly's Bluff, and to the center line of the adjoining public fighi-of-way, in the City of Dubuque. Iowa. Section 2. That in order to accomplish the purposes of the PR Planned Residential District and of the Zoning Ordinance, the property bercinabeve described is subject to the following conditions and resn'ictions. A. Use Regulations. The following regulations shall apply to all uses made of land in the following described PR Planned Residential District. 1) Principal penmttod uses shall be limited shall be limited to three single-family residential structures and six additional townhouse units; 2) No secondary or contingency uses shall be permitted; 3) Accessory uses shall include any use customarily incidental and insuhordiunte to the principal B. Lot and Bulk Developm~at of land in this PR Planned Residential District shall be regulated as follows: 1) All buildings, structures and activities shall be located in substantial conformance with the attechad conceptual development plan and all final site development plans are to be approved in accordance with the provision of the PR Planned Residential District regulations; 2) All buildings and structures shall provide a minimum front ya'd setback of 20 feet from the fa)hr property line. No maximum front yard setback is established. 219 Regular Session, June 1, 1992 All buildings and structuras shall be a minimum 6 feet from the side property line and have a maximum building hnight of 30 feet. 3) A hard surfaced driveway will and public sidewalks, 4 feet in thc north side of Kelly's Bluff, single-family hon~ on the 4) The minimum lot frontage shall 5) Each dwelling unit shall provide a minimum of 2 off-stte~t parking spaces. 6) The single-family home shall be constructed no lower than a grade of 760 to minimize impact on the bluffs. 7) Lot I and Lot 6 shall be combined into one lot. C. Performance Standards. Thc davclopn~at and maintenance of uses in this PR Planned Rcsidentini District shall be established in conformance with thc following standards, as well as with thc ragnlations of Section 3-1.6 of thc PR Planned Residential District: 1) A potent cul-de-sac shall be created at the end of Kelly's Bluff as per City Engineer's specification; Two (2) silt fences shall be provided during coastmodon, and 12 months following constrecfion, beginning at an elevation of 760, a minimum of 10 feet apart, according to IDOT specifications, and located from thc south property line of Lot 1 to thc west property llnc of Lot 3, to control runoff and {nosion; 3) Sod shall be installed within 3 months, weather permitting, of completion of the single-family homes to stabilize die soil and create adequate ground cov~r for water absorption and erosion control; 4) Wamr, sanitary scwc~ and storm water improvements shall meet City Engine~ng apexification, if required; 5) A final site development plan shall be submitted in accordance with Section 4-4 of the Zoning Ord~annce of the City of Dubuque, Iowa prior to construction; 6) No dynan~ting or blasting on the site. Open Space Areas. Tho~c areas not designated on a conceptual development shall be maintained as open space as defined by Section 8 of tho Zoning Ordinance of the City of Dubuque, Iowa. Addifonal Standards. A conceptual devalopmont plan shall be valid for a period of 5 years provided a final site development plan is submitted within one year from the date of approval, Transfer of Owaership. Transfer of ownership or lease of property in this PR Planned Residential District shall include in the transfer or lease agreement a provision that thc purchaser or lease~ acknowledges awareness of thc conditions authorizing the establishment of this district Passed, approved and adopted this 1st day of June, 1992. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 39-92 I, Jeffrey Nagle, having toad thc terms and conditions of thc foregoing Ordinanc~ No. 39-92 and being familiar with thc conditions thereof, hereby accept this same and agree to the conditions required thernin. Dated in Dubuque, Iowa this 3rd day of June, 1992, By/s/Jeffrey Naglc Regular Session, June 1, 1992 220 Publlsbed officially in the Telegraph Herald newspe~r this 9th day of June, 1992. Ms~y A. Davis It 6/9 City Clerk Cotmcil Member Kluesnex moved that this be considel~l the second reading of the Ordinance, and that the reqni~n~nt that a proposed Ordinance be considered and voted on for pelage at two counted m~efings prior to the meeting at which it is to be finally adopted be suspended and furthe~ moved final adoption of the ordinance. Seconded by Coun~l Momber Nicholson. Ca~ed by the following vo~: Ye~s--Mayor Brady, Council Member~ Dnich, Klue~ner, Krleg, Nicholaon, Vontberg. Nays--None. Abstain--Conn~l Member Nagle. Proof of Publication c~n'fified to by the Publisher on Notice of Public Hearing to consider an Ordinance umeeding Chapter 42 known as Subdivision Regulations, p~esented and read. Council Member Krieg moved that the proof of publication be received and filed. Seconded by Council Member Nichol~on. Carried by the following vo~: Yeas--Mayor Brady, Council Members Dnich, Kluesn~, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Warner Wright of BW Engineers supported Ordinance and recommended passage. An Ordinance providing that the Code of Ordinances by amended by amond~ng Chapter "Subdivision Regulations" by repealing Section 42-14(d) and adopting a new Section 42-14(d) in lieu thereof pertaining to eliminating the review of major final subdivision plats by the Zoning Commission, said O~dinance having been presented and read at the Council meeting of May 18, 1992 presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 40-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUF~ IOWA, BE AMENDED BY AMENDING CHAPTER 42 SUBDIVISION REGULATIONS BY REPEALING SECTION 42-14)(d) AND ADOPTING A NEW SECTION 42-14(d) IN LIEU THEREOF PERTAINING TO ELIMINATING THE REVIEW OF MA~OR FINAL SUBDIVISION PLATS BY THE ZONING COMMISSION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 42 Subdivision Ragulations of die City of Dubuque Code of Ordinances is hereby amanded by repealing Section 42-14(d) and adopting thc following new S~fion 42-14(d): "(d) Major subdivisioPs (1) Tho owuer of a major sub&vision shall comply with tho rcqnimments for u lm'.application confe~nce as stated in Section 42-15Co). (2) An approved preliminary plat shall be required for a major sub&vision. After the pre-application conference, the owner shall submit twenty (20) copies of the preliminary plat as required by th~ City Planner. Tho prmiiminmy plat must show all information required in Section 42- 15(c) of the Subdivision Ordinance, the prniimnia~y plat shall be reviewed by the Zoning Commission only. Tho review shall be to determine compliance with all relevant sections of the Subdivision and Zoning Ordlnanc~s and shall be approved or denied within sixty (60) days of the filing of the preliminary plat with the City Planner. Approval of the Commission shall remain in effect for a period of two (2) ye~rs. No City Council review of preliminary plat is required. (3) Upon receipt of the preliminary or final plat application, the City Planner shall distribute copies of the plat to the affected City departments and utility companies for review and shall file the preliminary plat with the Commission. (4) The owner shall submit twenty (20) copies of the final plat to the City Planner. The final plat must show all information required in Section 42-15(d) of the Subdivision Ordinance. The City Planner shall review final plats to determine whether or uot said plat is in substantial conformance to the preliminmy plat for the proper~y, the City of Dubuque Code of Ordinanc/~s 221 Regular Session, June 1, 1992 and the comprehensive plan. If the City Planner finds thst the plat conforn~ to all applicable city and s~nte codes, the con~rebensive plan and the preliminary plat, the City Planner shall approve the plat. The City Planner shall submit its findings on the final plats to the City Council, who must act within sixty (60) days of the filing of the final plat with the City Planner. (5) If the City Phinn~r approves tbe final pla~, the approval shall be endorsed on the pint. If the City Planner fails to approve the final plat findings and regsons for its denial shall be submitted to the owner, and the owner shall revise the final plat to correct the reasons for ref..oaur~nding denial or can appeal the stuff's decision to the Zoning Commission and then to the Zoning Board of Adjustment. (6) The City Council shall review final plats to determine conformance to the Dubuque Code of Ordinances. If the pint conforms to the statutes of tho Code of Iowa and the City of Dubuque Code of Ordlnances, and if the plat is in conformity with the comprehensive plan for the City of Dubuque, then the City Council shall approve thc plat and shall cause its approval to be en~red on the plat. The City Council may require as a cooditio~ of approval of the pint that the owner of the land bring all slxeets to a grade acceptable to the City Council~ and comply with snch other reasonable requirements in regard to installation of public utilities or other improvements as the City Council may deem pequisite f~ the protection of the public intere~st. (7) The Commission and City Council must approve an identical plat If conditions are impusnd upon or changes required to the plat by the City Council after the Commission's mvlew and action, the pint shall be r~submitted to the Commission for signatote. (8) Preliminary and final plats shall not be submitted in combination. Section 2. This ordinance has heretofore been revinwed by thc Zoning Commission of thc City of Dubuque, Iowa. Section 6. This oedimmce shall ts~e effect immediately upon publication. Passed, approved and adopted this 1st day of June, 1992. lar~s E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 9th day of June, 1992. Mary A. Davis It 6?9 City Clerk Council Member Krieg moved final adoption of the Ordinance. Seconded by Council Member Nicbolson. Carried by the following vote: Yeas---Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider an Ordinance to reclassify prepay located at 2005 Asbmy Road, presented and read. Council Member Voetberg moved that the proof of publication be ~eceivnd and fried. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kinesner, Krieg, Nagle, Ninholson, Voetberg. Nays--None. Don Lewis of Hillcrest Family Services requested adoption of the Ordinance. An Ordinance Providing thnt the Code of Ordinances by amended by w, blassifying property on Asbury Rood from R-3 Multi- Family Residential Distrct and C-1 Neighborhood Commercial District to ID Institutional Distrct, and to amend the Conceptual Development Plan for Hillerest Family Services ID Institutional District at 2005 Asbmy Road, said Ordinance having been presented and read at thc Council meeting of May 1S, 1992, presented for final action. (OffICIAL PUBLICATION) ORDINANCE NO. 41-92 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 Regular Session, June 1, 1992 222 THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING PROPERTY ON ASBURY ROAD FROM R-3 MULTI-FAMILy RESIDENTIAL DISTRICT AND C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO ID INSTITUTIONAL DISTRICT, AND TO AMEND THE CONCEFrUAL DEVELOPMENT PLAN FOR HILLCREST FAMILY SERVICES ID INSTITUTIONAL DISTRICT AT 2005 ASBURY ROAD. Whereas, IEIlcmst Family Services, owner and ~ppfic, m~t, bes filed an application for zoning recinssific~ion and an amended conceptual development plan for eer~in properties hereinafter described in accordance with provisions of the ID Institutional Distrct regulations as set forth in Section 3-5.2 of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, lowa; and Whereas, the Zoning Commission has held a public hearing on said zoning classification and amended conceptual development plan pursuant to required published notice; and Wbere~s, the Zoning Comntission has approved said zoning reclassification and amended conceptual development 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 3-5.2(D)(4) of tho Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa. Whereas. the Zoning Commission reconurended the approval of said zoning reclassification and amended conceptual development plan and concun~nce of the City Council. Whereas, the City Council has recnived the recommendation of the Zoning Commission and held its own public heating on said zoning reclassification and arcwodod conceptual development plan pursuant to required published notice. Whereas, thc City Council has approved said zoning reclassification and amended conceptual development plan subject to thc same specific conditions and restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of thc City of Dubuque, Iowa, be an~nded by revising Appendix A the~gof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, by reclassifying fiom Multi-Fro'oily Residential District and C-I Nulghb~hood Commemial Distrct to ID Institutional Di~trot the following pmpel~y, to wit: All of Lot 2 of Lot 2 of Lot I of Lot 1 of Link's Subdivisica except tbe Southeast- erly 38 feet thereof, in the City of Dubuque, Iowa. Section 2. That in o~der to accomplish the purpose of the ID Institutional District of the Zoning Ordinance of the City of Dubuque, Iowa, the amended conceptual development plan for Hillcrest Family Services, a copy of which is attached to and made a part hereof, is hereby adopted and approved for thc following described prope~y, to wig Lot 2 of the Subdivision of Lot I of Lot 2 of Mineral Lot 261; Lot 1 of tho Subdivision of Lot 1 of Lot 2 of Mineral Lot 261, Mettel Link Place; Lot 2 of LOt 2 of Lot 1 of LOt 2 of LOt I of Lot I of Link's Subdivision; Lot 1 of Lot I of Lot 2 of Lot I of Lot 1 of LOt 2 of Lot I of Lot 1 of Link's Subdivision; and Lot I of Lot 1 of LOt 1 of Lot I of Lot 1 of Lot 2 of Lot I of Lot 1 of Link's Subdivision; Lot 1 and Lot 2 of PetersoWs Subdivision; all of Lot 2 of Lot 2 of Lot 1 of Lot I of Link's Subdivision except the Southeasterly 38 feet thereof, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 3. That in order to accomplish the purposes of thc ID Institutional Distrct and of the Zoning Ordinance, the above described property is subject [o the following cooditioos and restrictions: A. Use Reg~on~. The following regulations shall apply to all uses made of innd in tbe above described ID Institutional District: 1) Principal pexmlitod uses shall be limi~l to the following: a) Residential care fadlifies [181 223 Regular Session, June 1, 1992 b) Offices for administrative personnel or other institutional employees o~ affiliates [14] c) Single-family, two-family [11] or multi-family dwellings for the honalng of institutional residents or affiliates [9] d) Off-street pa~king and loading [N/Al e) Reo'eational or athhitie facilities for the ptimary uae and benefit of institutional residents or affiliates [45] 0 Existing private usus of stzuctures situated within an ID Dis~ict for which the R- 3 District standards shall apply [N/Al 2) Accessory uses. The following uses shall be permitted as accessory uses in the above described ID Institutional District: a) All uses customarily incidental to thc lnincipal permitted use in conjunction with which such aceessoty use is operated or m~intalned, bet not to include histitutionni uses ou~de a p~ncipni building. B. Lot and Balk R~ l)~vni~nt of laud in the ID Institetionni Dis~ct shall be ~gniatud a~ follows: 1) All building structm~s and activities shall be l~atud in cnnfon~tncc with the a~ached amended conceptual development plan. 2) ^ minimum front yaxd ~tbeck of ~ feet is requlieA for a~ 3) Public sidewalks sbeli installed adjacent to Hiliorest Road and Wilbricht Lane. 4) All final site devalopracnt plans shall be approved in accordanc~ with thc ID Institutional District regniafions as provided in thc Zoning Ordinance of thc City of Dubuque, low0. Performance Standards. The development and nadntonance of uses in this ID Institutional DisUict shall be established in c~oformance with the regulations of Section 3-5.2 of the ID Institutional District. S~i~ Dev~.~ment Standards. The site development stundards for this ID Institutional District shall be established as follows: 1) Landscaping and screening requirements shall be established in accordance with the requirements of Section 4-5 of the Zoning Ordinance of City of Dubuque, lows. All other site development standards or Section 4-4 shall aFply. 2) When residential units 2 and 3 are constructed, 8 additional off- street parking spaces shall be provided during Phase 1; and an additional 8 off-street parking spaces shall be provided during Ph~e 2 prior to occupancy. s~ The sign regulations shall be the san~ as that which a~ allowed in Section 4-3.11 of the Zoning Ordinance of the City of Dubuque, Iowa. Additional Standard& The off-street parking mquhemont for the Inincipal permitted uses for the herein described ID institutional DisRict which shall be denignatud by a bracket cncioaed number next to the use as descsibed in Section 4-2.7 of the Zoning Ordinance of the City of Dubuque, Iowa, but in no case less than shown on tha conceptual plan adopted by Coundl on Jonc 1, 1992. G, The amended conceptual development l~an shall be valid for a period of three years provided a final site development plan is submitted within mac year of the date of approval. H. Transfer of Ownership. 1) Transfer of ownership or lease of proper~y in this ID Institutional District shnil include the transfer or lease agreement, the provision that the purchaser or lessee Regular Session, June 1, 1992 224 acknowledges awareness of thc conditions autbo~izing thc establishment of the district Passed, aplxoved and adopted this 1st day of June, 1992. Jarms E. Brady Mayor Atsest: Mmy A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 41-92 I, Don Lewis, Hillcrest Family Services, having ~ thc tc~ms and conditions of the foregoing Ordinance No. 41-92 and being familiar with tbe coeditio~s thereof, har0by accept this same and agree to thc conditions reqnired therein. Dated in Dubuque, Iowa this 5th day of June, 1992. By M Don Lewis Hiltcrest Fan~ly Services Council Member Voctberg moved final adoption of the Ordinance, as an~ndcd. Seconded by Council Memix~r Nag, lo. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nagle, Nicholson, Vc~therg. Nays--None. Proof of Publication certified to by thc Publisher on Notice of Public Hearing to consider vacating and disposing a po~don of an existing alloy between Asbuty Road and Avoca Sueet, from Cherry Street nortberly to an existing alley, inesentod and read. There were no written objections received and no oral objectors present at the time of th~ Heating. Council Member Voetberg moved that the proof of publication be received and fried. Seconded by Council Member Kfing. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nnghi, Nichoison, Voetberg. Nays None. An Onflnanc~ vacating a txmion of an existing alley between Asbury Reed and Avoca Sh~eet, from Cherty Street Northerly to an existing alley, said Ordinance having been presented and read at the Council meeting of May 18, pre~cnted fo~ final (OFFICIAL PUBLICATION) ORDINANCE NO. 42-92 ORDINANCE VACATING A PORTION OF AN EXISTING ALLEY BETWEEN ASBURY ROAD AND AVOCA STREET, FROM CHERRY STREET NORTHERLY TO AN EXISTING ALLEY Whereas, Sc. oR F. Hcn~sath has requested the vacating of a Ixmion of an existing alley between Asbmy Road and Avoca Street, from Cben~ Sue. ct northerly to an existing alley; and Whereas, IIW Engineers and Surveyors, PC, Dubeque, Iowa, bevc Fteparcd and submitted to the City Council a plat showing thc vacated portion of an existing alley between Asbery Road and Avoca Street from Cherty northedy to an existing alley, and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 166A, Lot 166B and Lot 166C in Finlcy's Addition in thc City of Dubuque, Dubeque County, Iowa; and Whereas, tho City Council of thc City of Dubuque, lowa has determined that this po~ion of an existing alley between Asbury Road and Avoca Street from Cherry Street northerly to an existing alley, is no longer rcqnired for public use except for easements as shown on the attached plat, and vacating of said alley known as Lot 166A, Lot 166B and Lot 166C in Finley's Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW TItEREFORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. ~hat the real estate described as Lot 166A, Lot 166B. and Lot 166C in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted th/s 1st day of June, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 9th day of Jan~, 1992. Mary A. Davis 1 t 6/9 City Clerk 225 Regular Session, June 1, 1992 Council Member Voetberg moved final adoption of tbe Ordinance. Sc~onded by Council Member Krieg. Carried by thc following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesanr, Kfing, Nngle, Nicbolson, Voetberg. Nays--None. RESOLUTION NO. 191-92 Wbereas, pursuant to ~csolution and published noilce of time and plac~ of hearing, published in thc Telegraph Herald newspaper, a newspaper of general circulation published in the City of Dubuque, Iowa on 22nd day of May, 1992, the City Council of the City of Dubuque, Iowa met on the 1st day of June, 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 leal estate described as: Lot 166A in Finley's Addition to Scott F. &Roberta A. Hemcsath Lot 166B in Fiuley's Addition to Jan~s L Smith Lot 166C in Fiuley's Addition to Wayne & Denis Freibuxger Whereas, the City Council of die City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of die City of Dubuque, Iowa in the herelnabove described real estate to Scott F. & Roberts A. Hemesath, James L. Smith, and Wayne & Donla Frdiburger. NOW THERF~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of tho interest of the City of Dubuque, Dubuque County, lows in iv, al property described as Lot 166A in Finloy's Addition in Fiuley's Addition to Scott F. & Roberts A. Hemesath be and die same is he,by approved for the sum of $99.00, plus die c~yst of publication and filing fees, Lot 166B in Finley's Addition to James L. Smith be and the same is hereby approved for the sum of $38.50, and Lot 166C in Fiuley's Addition to Wayne & Dodia Frelburger be and the same is bereby approved for the sum of $60.50; conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be unthori/~d and directed to execute Quit Claim Deeds and the City Clerk be and is hereby authc¢ized and directed to deliver said deed of conveyance to the above nan,s grantees upon receipt of the purchase price in full. Section 3. That the City Clerk be and ia bercby authorized and directed to te~x~rd a cexiified copy of this msotufion in the office of thc City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed, approved and adopted this 1st day of June, 1992. Jalr~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Mcmbex Y~ieg. Canled by die following vote: Yeas--Mayor Brady, Council Members Delch, K]uesner, Kricg, Nnglc, Nicholson, Vo~tberg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Public Heating to consid~' vacating and disposing of a portion of Carter Road on the Easterly side of Carter Road approximately 300 feet North of Kanfnmnn Avenue, presented and read. Council Member Voetberg moved that thc proof of publication be received and filed. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Kluesanr, Kring, Naglc, Ninholson, Voetbeeg. Nays--None. An Ordinance vacating a portion of Carter Road on die Easterly side of Carter Road approximately 300 feet North of Kanfmann Avenue, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 43-92 ORDINANCE VACATING A PORTION OF CARTER ROAD ON THE EASTERLY SIDE OF CARTER ROAD APPROXIMATELY 300 FEET NORTH OF KAUFMANN AVENUE Wbereas, Thomas E Leibold has ruqucsted die vacating of a portion of Carter Road on the easterly side of Carter Road approximately 300 feet nm'th of Kaufmann Avenue; and Whereas, Buesing & Associates of Dubuque, Iowa, has prepared and submitted to the City Council a plat showing die vacated portion of Caster Road and assigned lot numbexs thereof, which hereinafter shall Regular Session, June 1, 1992 226 be known and described as Lot A of SC Mary's Place in the City of Dubuque, Duboque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this pordon of Cattex Road is no longex ~exlcired for public use, and vacating of said potion of Caxt~ Road known as Lot A of St. Mary's Place in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREIqORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the ~ estate described as Lot A of St. bla~'s Place in the City of Dubuque. lows, be and thc same is hereby vacated. Passed, approved and adopted this 1st day of June, 1992. James E. Brady Mayor Attest: Ma~y A. Davis City Clerk Published officially in the Telegraph HeraM newspaper this 9th day of June, 1992. Mary A. Davis It 6/9 City Clerk Council Member Voetberg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kaieg, Nagle, Ninhulson. Voctberg. Nays--None. RESOLUTION NO. 192-92 Wh~, pursuant to resolution and published notice of time and place of hearing, publishing in die Telegraph Herald newspaper, a newspaper of general circulation publisbed in the City of Dubuque, lows on 22nd day of May, 1992, the City Council of the City of Dubuque, Iowa met on the 1st day of June, 1992, at 7:30 p.m. in the Public I~bra~ Auditorium, llth and Locust, Dubuque, Dubuque County, Iowa to consid~ the proposal for die sale of estate described as: Lot A in St. Maxy's Place in the City of Dubuque, Iowa to Thomas F. Lcibuld Whereas, the City Council of the City of Dubuque, Iowa overruled any und ali objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, lows, except for easements as noted, in thc hcmiunbove described ~ estate to Thomas F. Ldibold. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot A in St. Mary's Place in the City of Dubuque. Iowa to Thomas F. Ldibold be and the same is bereby approved for the sum of $699.00 plus cost of publication, platting and filing fees; convcynnce shall be by Quit Claim Deed. Section 2. That thc Mayor be authoriz~l and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above named grantee upon receipt of the pureha~ price in full, Section 3. That thc City Clerk be and is hereby authorized and directed to record a certified copy of this msulufion in the office of the City Assessor, Dubuque County Recorder and thc Dubuque County Auditor. Passed, approved and adopted this 1st day of June. 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Vc~tberg moved adoption of the Resolution. Seconded by Council Member Nngle. Carried by die following vote: Yea.v--Mayor Brady, Council Members Dcich, Klunsner, Kricg, Naghi, Nicholson, Voetberg. Nays--None. Communication of Council Member Don Deich submitting his resignation of thc Solid Waste Agency and verbal resignation to Operation: NeW View effective immediately, n~sented and read. Council Member Krlng moved that thc communication be received and filed and rcsignatlons accepted with Egret. Sc~ondcd by Council Member Nngle. Carried by the following vote: Ye, as--Mayor Brady, Council Members 227 Regular Session, June 1, 1992 Deich, Kinesner, Kriag, Nagie, Nicholson, Vo~therg. Nays--None. Communication of Chnii~pr~on of Dubequ~ Memapolitan Area Solid Waste Agency Board Iv. questing that Memher Don Doich be replaced as an Agency Board member, presented and read. Council Member Krieg moved that the comraunication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nicholaon, Voetberg. Nays--None. Council Member Voetbe~g moved th&t Council Member Bob Nagle be appointed to the Solid Waste Agency. Seconded by Council Memher Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. Petition of Gary Pfab Ieque~tiag to address the Council regarding an ordinance ~egulating the s~wer hook-up charge of $30.00, presented and read. Council Member Kluesner moved that the petition be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kriag, Nagle, Nicholson, Voetberg. Nays--None. Communication of Glenn Fuhrrran requesting to address the Council regarding his response to the public hearing held on May 21st by the lows DOT regarding construction of Dodge Street, presented and read. Council Member Vc~tberg moved Ihat the communication be ~eceived and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesecr, Kfieg, Nagle, Nicholson, Voatherg. Nays--None. Communication of George Chevalier requesting to address the Council regarding installation of handicapped ramps on street corners; Landscaping in Flat Iron Park; "S" Curve on lgth Street to be marked off; and executing a contract for Sunday afternoon concerts in the Park, presented and read. Mr. Chevalier spoke to the communication. Council Member Voetb~rg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kinesner, Krieg, Nagle, Nicholson, Voetherg. Nays--None. Communication of Zoning Con~isslon advising of their approval of final plat of Lots 2 through 19, Block 2 and Lot C of Sunset Park, Seventh Addition; noting that a stonu sewer shall be required in the ~ar yards of Lots 12, 13 and 14 to eliminate open ditch drainage, and improvement plans need to he approved by the City Engineer, p~ented and read. Council Member Kfieg moved that the communication be received and filed. Seconded by Council Memher Nagle. Carried by the following vote: Yem--Mayor Brady, Council Members Deich, Kluesner, Kfiag, Nagle, Nicholson, Voetherg. Nays--None. RF~OI.UTION NO. 193-92 A RESOLUTION APPROVING THE FINAL PLAT OF LOT 2 THROUGH 19, BLOCK 2 AND LOT C IN SUNSET PARK, 7TH ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a ilnal plat of Lot 2 through Lot 19, Block 2 and Lo~ C in Sunset Park, 7th Addition, in the City of Dubuque, lowic and Whereas, upon said final plat appear a street to he known as Cora Drive, together with co,lain public utility 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 the Zoning Commission and had its approvni endorsed thereon subject the owner(s) agreeing to the conditions noted 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 relating to it, except that no streets or poblic utilities have yet been conshqtoted or installed; and Whereas, the City Council concurs in the conditions 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 the dedication of Cora Drive, together with the easements for public utilities, sanitary sewer, storm sewer and water mnins aa they appear upon said final plat, he and the same are bereby accepted; and Regular Session, June 1, 1992 228 Section 2. That the plat of Lot 2 tiuoagh 19, Block 2 and Lot C in Sunset Pa~k, 7th Addition, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approvni of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property helvin named, execute tbeir written aec~tance hereto atlached agreeiag: A. To reduce Cora Drive to grade and to coostxuct concrete ctwb and gutter and to hard surface with asphelilc with integral cuffo, all in accordance with the City of Dubuque standard specifications; all in a manner acceptable to the City Engineer and in conformance with consUuction improvement plans approved by the City Engineer. B. To install 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 street lighting and erosion control devices all in ~ccordance 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. C. A storm sewer shall be installed in the rear yards of Lots 12, 13 and 14 to eliminate open ditch drainage. D. To maintain the public improvements, except sidewalks, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, lows, at the sole expense of the subdivider, as owner, or futu~ E. To construct sidewalks in accordance with the requirements of Section 42- 24(0) of the City Code, including sidewalks along Pennsylvania Avenue on Lots 8, 9 and 10, specifically: Sidewalk installation shall be the responsibility of the owner of the lXoperty abuUiog the public fight-of-way. 'the responsibility shall extend to ail succes- sors, belts and assignees. Sidewnik installation will not be required until the development of the lot h~z been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lo~s will no~ be reqdimd un~l 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed UlXm development of 80% of the lots approved by the plat. And further provided that ~aid Carl Bmbaeh, aa owner of said pro~rty, shall secure the peffoommnee of the foregoing conditions provided in Section 2 by providing security in such form and with such sureties m may he acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Thet in the event Cml Burbach shall fall to execute the acceptanee and furnish the security provided in Section 2 hereof within forty-five (45) days after the date of the 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 1st day of June, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF R ~ESOLUTION NO. 193-92 We, the undersigned, Cad J. Burba~h and Mary Ann Burbach, having ~ the terms and conditions of the Resolution No. 193-92 and heing familiar with the conditions thereof, hereby accept this same and agree to the conditions wqui~d therein. Dated in Dubuque, Iowa this 2nd day of July, 1992. By/s/Carl 1. Burbach By/s/Mary Ann Burbech To: Ma~y A. Davis City Clerk This is to ce~fy that the required security for th~ foregoing Resolution No. 1~3-92 has been properly provided. Dated at Dubuque, Iowa this 2nd day of July, 1992. Acting City Manager 229 Regular Session, June 1, 1992 Council Member Krieg moved adoption of the Resolution. Seconded by Courwd Member Nagle. Canied by the following vote: Yeag--Mayor Brady, Council Members Deich, Kluesner, Krieg, Naglc, Nicholson, Voetberg. Nays--None. Communication of City Manager requesllng approvni to acquire rea] estate located at 659 West Eighth Street, presented and mad. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vole: Yeas--Mayor Brady, Council Members Kinesner, Kriag, Nicholson, Voetharg. Nays-Council Members D~ioh, Nagin. RESOLUTION NO. 194-92 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE AT 659 WEST EIGHTH STREET, IN THE CITY OF DUBUQUE Whereas, the City of Dubuqu~ is committed to enforcement of housing quality standards and to tho provision of assistsnc.~ toward tha addition of housing units to the City's inventory; and Whereas, acquisition of suitable properties, in specific instances, is an appropriate means of achieving these goals. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque bemby approves the acquisition of the following legally described property from the sellers. Dubuqu~ County: The South One Hundred-Five feet (105") of Lot Two (2) of Lot 18-19-20 of Kelly's Subdivision, and the South 84-feet three inches (84'3") of Lot 18- 19-20 of Kelly's Subdivision, in the City of Dubuque, Iowa, according to the recorded plat thereof. at the c, oat of One Dollar ($1.00). Section 2. That the City Manger be and he is ben.~by anthofized and directed to accept a Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa, for the herein described real estate. Section 3. That the City Clerk be and she is hereby anthodzed and directed to cause said Deed to be recorded in the Offion of the Dubuque County Reconfer, together with certified copy of this Resolution. Section 4, That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assesso~' and th~ Dubuque County Auditor. Passed, approved and adopted this 1st day of June, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Niohoison, Voetherg. Nays--Council Members Dnich, Nagle. Proof of Publication certified to by the Publisher on Notice to Bidders on the Receipt of Bidders for construction of Inwoed Avenue Sanitary Sewer Extension and conuonnicafion of City Manager recommending to award comract for project to Stewart Construction, presented and read. Council Member Nicholson moved that the proof of publication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nioholson, Voetberg. Nays--None. RESOLUTION NO. 195-92 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Inwood Avenue SaniUu3, Sewer Extension pursuant to Resolution No. 150-92 and notice to bidders published in a newspaper published in thc City of Dubuque, Iowa on tho 7th day of May, 1992, Whereas, said sealed proposals were opened and read on the 21st day of May, 1992 and it has been determined that the bid of Stewart Consmaellon Company of East Dubuque, illinois in the amount of $114,969.04 was the lowest bid for the furnishings of all labor and materials and pefforn~ing the work as provided for in the plans and specifications. Regular Session, June 1, 1992 230 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 Stewart Construction Company and the Manager be and is bereby thrected to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon thc signing of said contract and the approval of the contraetor*s bond, the City Trcasure~ is authorized and instracted to reran the bid depouits of tha unsuccessful bidders. Passed, approved and adopted this 1st day of June, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Nicholson moved adoption of the Resolution. Seconded by Council Member Kdeg. Carded by the following vote: Yeas~Mayc~ Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays--None. BUSINESS LICENSES - Application for Outdoor Service Aves for Square Meals for Class "BW" Liquor License, presented and read. Council Member Kluesner moved that the application be approved. Seconded by Council Member Deich. Carried by the following vote: Yeas--Maya Brady, Council Members Deich, Kluesner, Krieg, Nagin, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 196-92 Where,. Applications for Beer Permits have been submitted and filed to this Council for al~provui and the sam~ have been examined and approved; and Whereas, The pren~ses to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That the Munager bo authorized to cause to be issued thc following named applicants a Be~r Permit, CLASS "B" BEER PERMIT Golinvaux Inc. Pizza Hut # 1 Sunday Sales 2075 J. F. Kennedy Rd James V/John Golinvaux Pizza Hut # 2 Sunday Sales 320 E. 20th SL CLASS BEER PERMIT (Five Day) Donna M,Ointer Special Events Sunday Sales Ke~er/Hawthome St. CLASS "C" BEER PERMIT Reliable l)mg Stores, Inc. Sunday Sales 3049 Asbury St. Passed, approved and adopted this 1st day of June, 1992. Attest: Mary A. Davis City Clerk Council Member Jara~s E. Brady Mayor adoption of the Resolution. Seconded by Council Member l~ich. Carried by the following vote: Yeas~Mayor Brady. Council Members Deich, Kluesner, Krleg, Nagle, Nieholson, Voetberg. Nays--None. RESOLUTION NO. 19%92 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the san~ have been examined and approved; and Whereas, the premises to be o~cupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 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 L1QUOR LICENSE James E. Bauer Jimmy B'S Sunday Sales 431 Rhombexg Ave House of China House of China Sunday Sales 801 Town Clock Plaza 231 Regular Session, June 1, 1992 passed, approved and adopted this 1st day of June, 1992 James E. Brady Mayor Attest Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Deich. Canied by the following vets: Yeas--Mayor Brady, Council Members Deich, Klueaner, Kdng, Nngle, Nicholson, Voetberg. Nays--None. Communication of City Manager submit~g doonrmuts providing for public bidding procedu~ for the 1992 Sidewalk Repair Project No. 3 - Floedwall, p~seeted and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesnor, Kfing, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 198-92 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tho proposed plans, specifications, form of contract and esfima~t cost for thc 1992 Sidewalk Repair Project No. 3 - Floodwall, in the asilmated amount of $31,395.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and apploved this 1st day of June, 1992. James E. Brady Mayor Attest: Ma~y A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by thc following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Kfieg, Nagle, Nicholson, Voefilerg. Nays None. RESOLUTION NO. 199-92 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its prulin~nary approval on the proposed plans, specifications, and form of contract and placed s~an~, on file in the office of the City Clerk for public inspection of the 1992 Sidewalk Repair Project No, 3 - FloodwalL NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of July, 1992, a public hearing will bo 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 contract and cost of said improverr~nt, and tho City Clerk be and is hereby directed to cause a nollce of time and place of such heming to he published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the heating, any interested person may appear and file objeelions to the proposed plans, specifications, contract, or estimated cost of the improvement Psssed, adopted and approved this lat day of lune, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetherg moved adoption of the Rcsolullon. Seconded by Council Member Nicholson. Carded by thc foliowing vote: yeas--Mayor Brady, Council Members Dcich, Klansner, Kdeg, Nngle, Nicholson, Voethorg. Nays--None. RESOLUTION NO. 200-92 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 1992 Sidewalk Repair Project No. 3 - Floodwall is be~by ordered to be advertised for bids for construction. Regular Session, June 1, 1992 232 BE IT FURTHER RESOLVED, thal the amount of the security to accompany each bid shall be in an amount which shell conform to the provisions of the notice to bidders hereby wffproved as a pa~t of the plans and specifications heretofore adopted. That the City Clerk is hezeby directed to advertise for bids for the conslamction of the improvements here4u provided, W he published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor mo~ than twenty days prior to thc receipt of said bids at 2:00 p.m. on the 25th day of Jane, 1992. Bids shall be opened and reed by the City Cl~rk at said tin~ and will he submitted to the Council for final action at 7:30 p.m. on the 6th day of July, 1992. Passed, adopted and approved this 1st day of June, 1992. Attest: Mapy A. Davis City Clerk Council Member Jam~s E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Canied by thc following vote: Yeas~Mayor Brady, Council Members Deich, Kinesner, Krlag, Nagle, Nicholson, Voetberg. Nays--None. communication of City Manager responding to request from Donald Hertst for the sale and disposal of Lot 281 of East Dubuque Addition #2 and abutting Maple Street and the adjacent alley and recommending to dispose of said propelS, presented and read. Council Member Voetherg moved that thc communication he recdived and filed. Seconded by Council Member Nichulson. Canied by file following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Kricg, Nagle, Nicholson, Voetherg. Nays--None. An Ortinance Vacating a portion of E. 14th Street, Maple Street and Adjacent Alley to he known as Lot 1 of Juanita Place in the City of Dubuque, presen~l and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance, and that file requirement that a proposed Ordinance be considered and voted on for passage at two council m~etings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Heating he held on the Proposed Ordinance on the 15th day of June, 1992 at 7:30 p.m~ in the Public Library AudiRnium and that the City Clerk publish notice in thc manner p~rihed by law. Seconded by Council M~mher Nicholson. Carried by the foliowing vote: Yeas--Mayor Brady, Council Member~ De/ch, Kluesner, Kfing, Nngle, Nicholson, Voetherg. Nays--None. RESOLUTION NO. 202-92 RESOLUTION DISPOSING OF CITY INTEREST IN LOT I OF JUANITA PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, Donald J. Herbst has requested the vacating of a portion of E. 14th Street, Maple Street and adjacent alley; and Whereas, B~eslng & Associates of Dubuque, Iowa llas prepa~i and submitted to the City Council a plat showing the vacated portion of E. 14th Sheet, Maple S~ceet and adjacent alley and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 1 of Juanita Place in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this porton of E. 14th Street, Maple Street and adjacent alley is no longer required for public use, and vacadng and sale of said portion of E. 14th Street, Maple Street and adjacent alley known as Lot I of Juanita Place 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. '[hat the City of Dubuque intends to dispose of its interest in Lot I of Juanita Place in file City of Dubuque, Iowa. Section 2. That file conveyance of Lot 1 of Juanira Place in the City of Dubuque, Iowa to Donald J. & Juanita K. Herbst be contingent upon the payment of $21,745.00, plus publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. passed, approved and adopted this 1st day of June, 1992. James E. Brady Mayor Attest: Map/A. Davis City Clerk 233 Regular Session, June 1, 1992 Council Member Voetherg moved adoption of the Resolution. Semunded by Council Member Nicbeison. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klunsner, IG-ing, Nngla, Nicholson, Voetherg. Nays--None. MINUTES SUBMITFED - Alqxnt Commission of 5-12; Five Fl~s Commission of $-lg; Investment Task Force meetings of 5-5, 5-12 & 5-18, presented and read, Council Member Voethcrg moved that the minutes be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas~Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagla, Nicholsoa, Voetberg. Nays--None. NOTICES OF CLAIMS/SUITS - Rachel Droste in amount of $2,702.00 for vehicle damages; Kelly Frick in amount of $2167.68 plus repairs for ail hidden damages for vehicle damages; Attorney Joseph Bitter, Attotuny for Ronald C. Fuorst in unknown amount in violation of civil rights; Gertfld Hirsch, in unknown amount for shtue of pension funds; Jo Lenox in amount of $5000.00 for personal injuries; Diane TeKippe in amount of $150.00 for personal injuries, presented and read. Council Member Voetberg moved that the clain~ and suits be referred to the Legal Staff for investigation and repo~ Seconded by Council Member Nicholson. Caroled by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klncuner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Communications of Corporation Counsel Lindahl advising of referral of following claim to Crawford & C~opany, the agent for the Iowa Communities Assurance Pool: Car damages claim of Daniel Beck; Personai injuries claim of Julia Scholi; Car damages claim of Sisters of the Presentation; Property damage claim of John Zurcher, presented and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Nicholson. Caltind by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesne~. Krieg, Nagle, Nichoisoa, Voetberg. Nays--None. Communication of Alan Israel, General Parmer Hillcmst Apartments advising of their desire to receive benefits of the Low Inc.4~nc Housing Preservation and Resident Hom~ Ownership Act to continue to operate the project for the benefit of low incon~ tenants, pre.~ented and mad. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by thc following vote: Yeas--Mayor Brady, Council Mcmber~ Deich, Klu~sner, Krieg, Nngle, Nichoison, Vuntberg. Nays--None. Communic~on of Director of Public Housing Division of HUD advising of their acceptance of the audit for the period ending June 30, 1991, presented and ~ad. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas Mayor Brady, Council Members Deich, Khiesner, Kficg, Nngle, Nicholson, Voetberg. Nays--None. Communication of Co~ation Counsel Lind~hi advising that the Consent ~ and Agreement between Midwest Gas, the Iowa Department of Transponatioa, the City of Dubuque and Enron Corp. have been finaiized and signed by ail of the parties., presenW. A and read. Council Member Voetbe~g moved that the communication be received and filed. Seconded by Council Member- Nicholson. Carried by thc following vote: Yeas--Mayor Brady, Council Members Deich, Klncsner, Krieg, Nagle, Nichoison, Voetberg. Nays--None. Communications of City M~nager requesting approval of the Purchase of Services Agreement for the fiscal year beginning July 1, 1992 and anthofize the Mayor to execute the contracts/ngrecrnonts: Retired Senior Volunteer Program (RSVP) in amount of $6,750.00;Dubeque Area Labor- Management Council in the mnount of $13,334.00; Subslance Abuse Services Center in the amount of $11,250.00; Helping Services for Northeast Iowa, Inc. in the amount of $1,800.00; Operation: New View in the amount of $13,500.00, presented and read. Council Member Voetberg moved that the communications be received and filed and approved the requests and Mayor to execute ag~ements. Seconded by Council Member Nichoison. Canied by the following vote: Yeas~Mayor Brady, Council Members Delch, Klncsncr, Krieg, Nagle, Nichoison, Voatberg. Nays--None. Conununication of City Manager requesting aFpe~vai of the Fundhig Agreen~nt between the City of Dubuque and the Washington Neighborhood Tool Library in the amount of $10,000.00, presented and read. Council Member Voetherg moved that the communication be ~eceived and filed. Seconded by Council Member Nicholson. Carried by thc following vote: Yens--Mayor Brady, Council Members Deich, Kluesncr, Kfieg, Nnglc, Nicholson, Voetber~. Nays--None. Regular Session, June 1, 1992 234 RESOLUTION NO. 203-92 Wberea~, the City of Dubuque, Iowa has negotiated with the Washington Neighbor- hood Tool Libra~, Inc. to provide previously supplied services for the exlnnsaed pmlx~e of aiding thc City of Dubuque to prevent the sl~ead of slum and blight within the City; and Whereas, thc terms and conditions under which the Washington Neighborhood Tool Library, Inc. will be funded for providing the se~ices am set forth in a Funding Agreement, a copy of which Agreement is attached hereto and by this reference made a pm thereof and Whereas, the activities as delincawx[ in the Funding Agreement comply with the ixlmary objectives of the Housing and Community Developmunt Act of 1974, as amended [570.2], and comply with one or mow of the "Nationai Objectives" [570.208(a)], NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Funding Agreermnt by and between the City of Dubuque, Iowa, and tho Washington Neighborhood Tool Library, Inc., be and the same is hereby approved. Section 2. That the City Manager be and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Dubuque, lows. Passed, approved and adopted this Ist day of June, 1992. Attest: Mary A. Davis City Clerk Council Member Jmr~s E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Courted Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Kfieg, Nngla, Nieholson, Voetherg. Nays--Noun. Refunds Requested: James Bainbridge, dfo/a Ryun Honse in the amount of $211.25 for uncxplred Liquor License, Ixnscnted and read. Council Member Voethetg moved that the refund be approved with Financ~ l)hecter to issue proper check. Seconded by Cooncil Member Nichoison. Canied by the folk>wing vote: Yeas---Mayor Brady, Council Members l~ch, Kluesner, Krleg, Nagle, Nichohion, Voctberg. Nays--None. Petition of residents of Southway Street, containing 40 siguntures rexluesting that a 25 mile per hour speed limit be adopted for Southway S~t and signs be installed posting the speed limit and aiso to place a stop sign at the comer of Dana & Southway Streets, presented and read, Council Member Voetberg moved that the petition be referred to the City Manng~. Seconded by Council Member Nicholson. Carded by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesner, Kring. Nngle. Nichoison, Voetberg. Nays None. Petition of St. Anthony*s Church requesting approvai of the constlucfion for proposed pedestrian island within Roscdalc Street and requesting that thc Council provide the funding to accomplish this wo~k, presented and ~ai. Council Member Voetberg moved that the petition be referred te the City Manager. Seconded by Council Member Niehoison. Canied by the following vote: Ye. ns--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. There being no fmtber business, Council Membea' Voetberg moved to adjourn. Seconded by Council Member Nicholsoo, Canied by the following vote: Ye~s--Mayor Brady, Council Members Deich, Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays--None. Meeting adjourned at 11:49 p.nx Mary A. Davis City Clerk 235 Regular Session, June 1, 1992 1993. 1993. Council Members Attest: Regular Session, DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular City Council Meeting, June 15, 1992. Council met at 7:30 p.m., Public Library Auditorium. Present: Mayc~ Brady, Council Members Ddich, Klnesner, Krleg, Nagle, Nicholson, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Absent: Council Member Voetherg. Mayor Brady read the ca21 mad sated this is the Regular Session of the City Council called for die purpose to act upon such business which may properly come before die Council. Invocation was given by Rev. Loren Hirschy, Pastor, Word of Life Ministries. PROCLAMATIONS -- June 22nd as "Key City Rotary Club of Dubuque Day" received by Les Oakley; June 22-26di as "Elderhostel Week" received by Rosemary Cronin; June 22-28 as "Amateur Radio Week" received by Mike Josefowciz. Council Member Krieg moved that the niles be suspended to allow anyone present to address die Council if they ~o desire. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kdeg, Nagie, Nicholson, Voetherg. Nays--None. Petition of Thomas G. Swift requesting to appear before die Council to submit signed petitions asking for die resignation of die City Manager, presented and mad. Council Member Krieg moved that the petition be received and fried and deferred to the June 29th special meeting. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krleg, Nagle, Nicholson. Nays--None. Absent~ouncll Member Vcetberg. June 15, 1992 236 Thomas G. Swift, 1845 Old Mill Rd. presented petitions contalding approximately 2290 signers. Petition of Ruth Clark and Ruby Sutton ~,quesfing to present a petition to Council ~egarding their desire that Ken Gearhart not be ~rnoved from office and conm~unication of Alfred Hughea urging the Council to continue to employ Mr. Gearhart as our City Manager, presented and read. Council Member Krieg moved that the petition and communication be received and tiled and defercad to the June 29th special meeting. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnieh, Kluesner, Krleg, Nagle, Nicholson. Nays--None. Absent~Councll Member Voetbexg. Ruby Sutton and Ruth Clark submitted petitions with unnumbered amount of signed petitions. Ric Jones, Dunleith Court, and Charles Azebeokhal spoke in support of the City Manager. Prcof of Publication certified to by file Publisher on Notice of Hearing on Plans and Specifications for the P. C. 1992 Concrete Paving Project consisting of Altura Drive, from Mesa Drive to North Grandview Avenue; Cerro Drive, from Mesa Drive to North Grandview Avenue; Mesa Drive, from Kane Street to the south; Orandview Avenue from Loras Boulevard to Dexter Street and Tyler Drive, from St. Anne Drive to the north end, and Erie Court, from 'l~ler Drive to the easterly end, P~of of Publication certified to by the Publisher on Notice to Property Owners on hearing of Plans and Specs. for project, Commuhlcadon of City Clerk certifying notices were sent to known property owners advising of hearing on plans and specs, on May 28, 1992, Communication of Catherine Ashland objecting to the paving of Cerro Drive and Mesa Street, Communication of Daniel McAuliffe expressing his concerns regarding the proposed reconstruction of North Grandview, presented and read. Council Member Nicholson moved that the proofs of publication and communications be received mid flied. Seconded by Council Member Kluesner. Carried by the following vote: Yeas~Mayor Brady, Council Members Dalch, Kluesner, Krieg, Nagle, Nicholson. Nays--None. Absent--Coancil Member Voetberg. Daniel McAdiiffe, 1738 bi. Grandview, requested ~lief from a storm water problem. Bill Walsh, 1220 Cerro Dr. spoke in favor of project. Linda Luedilce, 1475 N. Grandview, 237 Regular Session, June 15, 1992 objected to co~t Tracey Lang, 3165 Erie Ct. and Bob Lange, 1900 Erie, requested specifics of project. RESOLUTION NO. 204-92 RESOLIYFION ADOPTING PLANS AND SPECIIrlCATIONS Whereas, on the 13th day of May, 1992, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 1992 P.C. Concrete Paving Project. Whereas, notice of heating on plans, specifications, form of contract, and estimated cost was published as required by NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hc~eby approved as the plans, specifications, form of contract and estimated c~t for said improvements for said project. Passed, adopted and approved this 15th day of June, 1992. Jam~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Kluesner. Caroled by the following vote: Yeas~Mayor Brady, Council Members Delch, Kinesner, Krieg, Nagle, Nicholson. Nays--None. Absent--Council Member Voetherg. RESOLUTION NO. 205-92 RESOLUTION WITH RESPECT TO THE ADOPTION OF TtH/ RESOLUTION OF NECESSITY PROPOSED FOR THE 1992 P.C. CONCRETE PAVING PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the 1992 P.C, Concrete Paving Project, has given notice of the public hearing thereon as vequi~cd by law; and Whereas, the public heating has been held, all persons offering objections have been heard and consideration given to all objections and is pending hefom this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THERNPORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendrc~nt, and ail objections filed or made having hecn dully considered are ovenuled. Passed, adopted and approved this 15th day or June, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Klunsner. Carried by the following vote: Ye~--Mayor Brady, Council Members Dulch, Kluesner, Krieg, Nagle, Nicholson. Nays--None. Absent-4~ouncll Member Voetberg. RESOLUTION NO. 20~-92 ORDERING BIDS NOW THERF~ORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 1992 P.e. Concrete Paving Project 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 shaB 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 constralction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than iwenty days prior to the receipt of said bids at 2:00 p.m. on the 30th day of June, 1992. Bids shall be opened and Regular Session, June 15, 1992 238 read by the City Clerk at said tim~ and will be subnittod to the Coundl for final action at 7:30 p.ro. on the 6th day of July, 1992. Pas~ed, adopted and approved this 15th day of June, 1992. Jam~s E. Brady Mayor Attest: M~ A. Davis City Clerk Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Kluesner. Can4ed by the following vote: Yeas--Mayor Brady, Council Members Dulch, Kluesner, Kfieg, Nagle, Nicholson. Nays--None. Absent-Council Member Voetherg. Proof of Pubfieation certified to by the Publisher ma Notice of Hearing on Plans and Specifications for the Construction of the Central Avenue A.C.C. Resurfaulng Project from 4th Sueet to 1 lth Street and from 20th Street to 32nd Street, presented and read. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yens--Mayor Brady, Council Members Dbich, Kluesner, Kfieg, Nagle, Nicholson. Nays--None. Absent~ouncll Member Voetberg. RESOLUTION NO. 207-92 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas. on the 13th day of May, 1992, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for tho Central Avenue A.C.C. Resurfacing Project from 4th Street to llth S~e. ct and from 20th Street to 32nd Whereas. notice of hearing on plans. specifications, fonn of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contrect and estimated cost are hereby approved as the plans, specifications, form of Passed, adopted and approved this 15th day of JuRe, 1992, James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Dcich, Kluczner, Kring, Nagle, Nicholson. Nays--None. Absent--Council Member Veetberg, Proof of Publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids for project and communi- cation of City Manager recommending to award camtract for project, presented and read. Council Member Kluesner moved that the proof of publication and communication be received and filed. Seconded by Council Member Nichoison. Carried by the following vote: Yeas~Mayor Brady, Council Memhers Dcich, Kluesner, Krieg, Nagle, Nicholson. Nays--None. Absent-q2ouncil Member Voetberg. RESOLUTION NO. 208-92 AWARDING CONTRACT Where~s, sealed propomls have been submitted by contractors for the Central Avenue A.C.C. Resurfa¢ing Project from 4th S~cet to llth Street and from 20th S~.,et to 32nd Street pursuant to Resolution No. 178- 92 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 22nd day of May. 1992. Whereas, said scaled propesais were opened and read on the 4th day of June, 1992 and it has been determined that the bid of River City Paving, a Division of Mathy Construction Company of Kiuler, Wisconsin in the amount of $?30,73035 was the lowest bid for the fumisbings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THER ~EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement he awarded to River City Paving, a Division of Mathy Constr~ction Company, subject to th~ concuncnce of the Iowa Department of Transportetion, and thc 239 Regular Session, June 15, 1992 Manager be and is hereby direoted to execute a contract on behalf of tbe City of Dubuque for the complete p~rfotnmnce of the wo~k. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid depe~its of tho unsuccessful bidders. Passed, approved and adopted this 15th day of June, 1992. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nichelson. Carded by the following vote: Yeas---Mayor Brady, Council Members Dnich, Kluesner, Ksieg, Nagl¢, Nicholson. Nays--None. Absent--Council Member Voetherg. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider vacating and disposing of portion of E. 14th Street, Maple Street and adjacent alley to hereinafter be known as Lot I of Jualilta Place, presented and read. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Couned Member Nichulson. Canied by the following vote: Yeas--Mayor Brady, Council Members Delch, Kinesner, Kfieg, Nagle, Nieholson. Nays--None. Absent--Council Member Voetberg. An Ordinance vacating a portion of E. 14th Street, Maple Street and Adjacent alley, said Ordinance having been presented and read at the Council meeting of June 1, 1992. presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 44-92 ORDINANCE VACATING A PORTION OF E. 14TH STREET, MAPLE STREET AND ADJACENT ALLEY Whereas, Donald L Herbst has requested the vacating of a portion of E. 14th Street, Maple Street and adjacent alley; and Whereas, Buesing & Associates, Dubuque, Iowa, has prepared and submitted to the City Council a plat showing the vacated portion of E. 14th Street, Maple Street and adjacent alley and ~seigned lot numbers thereof, which hereinafter shall bo known and described as Lot I of Juanite Place in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, lows has determined that this portion of E. 14th Street, Maple Street and adjacent alley is no longer requhed for public use, and vacating of said portion of E. 14th Street, Maple gm,et and adjac4mt alley known as Lot 1 of Juanita Place in tho City of Dubuque, Dubuque County, Iowa, should be approved. NOW TItEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L ~hat the real ostate described as Lot 1 of Juanite Place in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 15th day of June, 1992. Jarces E. Brady Mayor Attest: Mazy A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 24th day of June, 1992. Mary A. Davis It 6/24 City Clerk Council Member Klueancr moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Carried by the following vote: Yeas---Mayor Brady, Council Members Dnich, Kluesner, Kring, Nagle, Nicholson. Nays--None. Absent--Council Member Voetberg. RESOLUTION NO. 209.92 Wherea~, pursuant to re~olution and published notice of time and place of hearing, published in thc Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 5th day of Jurle, 1992, the City Council of tbe City of Dubuque, Iowa met on the 15th day of June, 1992, at 7:30 p.m. in the Public Library Auditorium, llth and Locust. Dubuque, Regular Session, June 15, 1992 240 Dubuque County, Iowa to consider the proposni for the sale of real estate described as: Lot I of Juardta Place in the City of Dubuque, Iowa to Donald $. & Juanita K. Herbst Whereas, the City Council of the City of Dubeq~e, Iowa ovemfled any and all objections, real ~ written, to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereiuabove deacribed real estate to Donald J. & Juanita K. Herbst. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot 1 of Juanita Place in the City of Dubuque, Iowa to Donald J. & Juanite K. He~bst, be and the same is hereby approved for the sum of $21,745.00, plus pubiication and filing fees; conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authoilzed and directed to deliver said deed of conveyance to the above named grantees upon ~ceipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to ~cord a ce~dfied copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed, approved and adopted this 15th day of June, 1992. Iames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Ninholson. Carried by the following vote: Yeas---Mayor Brady, Council Members Dnich, Kluesner, Kileg, Nagle, Nicholson. Nays--None. Absent---Council Member Vo~therg. An Ordinance amending Ordinance No. 75-90 which established a C-I Neighborhood Commercial District, with conditions, for property located at 607-609 E. 22nd Street, by deleting (3) in the Memorandum of Agmera~nt and adopting, in lieu thereof, a new O) for hours of operation, said Ordinanc4~ edjoumed from meeting of June 1, 1992 with first reading given May 18, 1992 and ~eond reading on lune 1, 1992, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 45-92 AN ORDINANCE OF THE CITY OF DUBUQUE~ IOWA AMENDING ORDINANCE NO. 75-90 OF THE CITY OF DUBUQUE, IOWA, WHICH ESTABLISHED A C-I NEIGHBORHOOD COMMERCIAL DISTRICT, WITH CONDITIONS, FOR PROPERTY LOCATED AT 607-609 F~ 22ND STREET, BY DELETING (3) IN THE MEMORANDUM OF AGREEMENT AND ADOPTING, IN LIEU THEREOF, A NEW (3) FOR HOURS OF OPERATION. Whereas, thc City Council of the City of Dubuque on September 17, 1990, adopted Ordinance No. 75-90 rez~ning 607-609 E. 22nd Street from R-2A Alternate Two~ Family Residential District to C-1 Neighborhood Commemial District, with conditions as established in the attached Memorandum of Agreement; and Whereas, the property owner, Raymond H. Fuller, has requested the hours of operation as established in the Memorandum of Agreement to he changed; and Whereas, the Zoning Commission has approved the requested change in conditions for the C-1 Neighborhood Commercial District at 607409 E. 22nd Sm:ct; and Whereas, the City Council concurs in amending Ordinance No. 75-90 as requested. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIIE CITY OF DUBUQUE, IOWA: Section 1. Ordinance No. 75-90 is amended by deleting (3) "Hours of Operation" in the Memorandum of Agreement and adopting in lieu thereof, the following: "(3) ~rallon. The hours of operation shall he limited from 10:00 mm to 10:00 p.m." Section 2. This amendment shall take effect immediately upon publication. The 241 Regular Session, June 15, 1992 CRy Clerk is hereby directed to lmblish fids ordinance and record ~ ordiannce with the County Recorder. Passed, approved and adopted this 15th day of June, 1992. James E. Brady Mayor At.st: Mary A. Davis City Clerk MEMORANDUM OF AGREEMENT Pursuant to Iowa Code Section 414,5 (1989), and aa an express condition of the rezoalog of the property at 607-609 East 22nd Smoot, legally described as Lot l0 of Sanford Subdivision in the City of Dubuque, and extending to the center line of abutting right-of-way, which is the subject of Ordinance No. 45-92, a copy of which is attoched hereto and incoqlorated herein by reference, the undersigned, being all of the property owners of the fcacgoing property, hereby agree to the following conditions, all of which the property owners further ague are re~sonabin and are imposed to satisfy public needs that are caused directly by the rezoniog. 1. Prohibited Uses. The following uses shall he prohibited: (1) Railroads and public or quasi-public utilities including substations; (2) Oas station, including service stations; (3) Grocery store; (4) Drag stor~/bealth ca~ supplies; (5) TVBedio/vidao sales and services; (6) Any uae that includes the selling or providing of beer, wine or alcoholic beverages.. 2. Conditional U~es. No conditional uses shall he permitted except an indoor restaurant, provided that the parking group ~equirements can he met. 3. Hours ~ration. The hems of operation shall he limited from 10:00 a.m. to 10:00 p.m. 4. Sale of Beer. Wine and Alcoholic Beve~Prohibitod. The selling or providing of beer, wine or alcoholic beverages on the property shall be prohibited. 5. ~ A copy of this Agreement shall be recorded by the property owners with the Dubuque County Recorder as a permm~nt record of thc conditions accepted as a part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 45-92, and the properly owners shall provide a copy of this Agreement, showing its recording, to the City Clerk within such ten days. 6. ~ Successors. This Agreer~nt shall he hinding upon thc undersigned and the property owners' heil~, successors and assigns. Construction. This Agreement shall be consUcued and interpreted as though it were a part of Appendix A of the Cede of Ordinances of thc City of Dubuque, Iowa, also known a~ the Zoning Ordinance of the City of Dubuque, lows. ACCEPTANCE OF ORDINANCE NO. 45-92 I, Raymond Fuller, having read thc terms and conditions of the foregoing Ordinance No. 45-92 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 10th day of June, 1992. By:/s/Raymond Fuller Published officially in the Telegraph Herald newspaper this PAth day of June, 1992. May A. Davis It 6/24 City Clerk Council Member Ninholson moved final adoption of thc Ordinance. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Nagle, Nicholson. Nays~mmcil Member Krieg. Absent---Council Member Vc~therg. Commualcalion of City Manager submitting an amended resolution establishing a specific construction and bidding procedure for the 1991 Sidewalk Construction Program, presented and read. Council Member Niehoison moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klecsner, Kricg, Nagle, Nicholson. Nays--None. Absent--Council Member Voetberg, Regular Session, June 15, 1992 242 RESOLUTION NO. 210-92 RESOLUTION RESCINDING RESOLUTION NO. 187-92 AND FURTI~R DIRECTING TI~ CITY CLERK TO ADVERTISE FOR BIDS FOR THE 1991 SIDEWALK CONSTRUCTION PROGRAM Wbemas, Resolution No. 187-92 was passed by the City Council on the 1st day of June, 1992, which Resolution disccted the City Clerk to advertise for bids for the 1991 Sidewalk ConsUuction Program; and Whereas, said R~ointlon incorrectly stateA the date for the receipt of bids and award of the each-act. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIl. OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolulion No. 187-92be and is hereby rescinded. Section 2. Thet the 1991 Sidewalk Coastruclion Program: Equesuian Heights Subdivision #1 and #2, Sunset Park Subdivision #4, and Clarke Crest Estates Subdivision, is hereby ordered to be constructed. Section 3. That thc City Engineer/Public Works Director is hereby authorized to negotiate individual contracts and/or solicit informal bids in conformance with the Cede of Iowa, Chapter 384, for the conslxuction of individual sidewalks included in the 1991 Sidewalk Construction Program as appropriate to meet the needs of the abutdng property owners included in the sidewalk prograrm Section 4. That thc City Clerk is hereby authorized and directed to'advertise for bids for the construction of the sidewalks included in the 1991 Sidewalk Construction Program which are not completed by Jaly 17. 1992, to be published in a newspaper having genend circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids. Bids shall be opened and read by the City Clerk at said lime and submitted to the City Council fm final action at the next regular City Council meeting thereafter. Passed, approved and ~optod this 15th day of June~ 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nicholson moved adopthm of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kriog, Nagle, Nicholson. Nays--None. Abaent~onncil Member Voetherg. Communication of City Manager requesting approval of a change order in an amount not to exceed $45,000 for the wall replacement project at thc Water Plant sludge handling building increasing the contract from $137,800 to $182,800, presented and read. Council Member Nichoison moved that the communication be received and filed and approved change order. Seconded by Council Member Khiesner. Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nagle, Nichrdson. Nays--None. Abaent~ouneil Member Voetherg. Communication of City Manager submitting two (2) ordinances establishing a Housing Trust Fund and creating a Housing Trust Fund Commission OR a Housing Commission Trust Fund Committee and requesting adoption of one of them. Also submitting an Ordinance increasing the membership on the Housing Commission if Ordinance "B" is approved. Council Memb~ Nichoison moved to recelve and file thc communications and refer to the Council for discussion. Seconded by Council Member Kriog. Carried by the following vote: Yeas---Mayor Brady, Council Members Kluasner, Krieg, Naghi, Nicholson. Nays--Council Member Deich. Absent~ouncil Member Voetherg. An Ordinance "A" Adding a new Arliole 111 to Chapter 26 of the City Code of Ordinances providing for the establishment of a Housing Trast Fund for the collection and disbursement of funds to me~t the housing needs of the City's low and moderato income residents and oreafiog a Housing Trust Fund Commission; OR Ordinance "B" Adding a new Article III to Chapter 26 of the City Code of Ordinances providing for the establishment of a Housing Trust Fund for the collection and disburse- ment of funds to meet the housing needs of 243 Regular Session, June 15, 1992 the City's Iow and moderate income residents and creating a Housing Commission Trust Fund Committee, presented and read. IF ORDINANCE "B" IS ADOPTED THE FOLLOWING ORD1- NANCE IS PRESENTED FOR APPROVAL. An (hdinance Amending the Code of Ordinances, City of Dubuque, by en$cting new paragraphs (a) relating to the number of Housing Conunia$ion~rs; (b) relating to appointments due to vacancies; and re. ne paragraph (c) relating to appuintmants due to vacancies, presented and read. Council Mumber Voetberg moved to bring this matter back to the July 20th City Council me, ting. Seconded by Council Member Kfieg. Carried by the fullowing vote: yeas--Mayor Brady, Council Members l)cich. Kinesner, Krieg, Nagle, Ninholson. Nays--None. Absent--Council Memhe~ Vcetberg. Communication of City Manager submitting an ordinance providing for relocation benefits to tenants displaced by economic development activities and an Ordinance Amending Chapter 2fi of the City Code of Ordinances by adopting a new Article B, establishing the Residential Relocation Assistance program to assist tenants who are displaced aa a result of Economic Development of Rental Housing, presented and read. Council Member Kinesner moved that the communication and Ordinance be deferred to the Council meeting of July 20, 1992. Seconded by Council Member Nicholson. Carried by the following vote: yeas-Mayor Brady, Council Members Deich, Kluesner, Kcing, Nagle, Nicholson. Nays--None. Absent~ouncil Member Voetberg. Communication of City Manager requesting approval to participate in the Department of HUD supporting Housing Demonstration: Transitional Housing Program and a Resolution Authorizing the Mayor to exucute an Application to partidipate in the Department of Housing and Urban Development Supportive Housing Demonstration: Transitional ltousing Program in an amount not to exceed $80,000.00, presented and v~d. Council Member Krieg moved that thc communication be received and filad and adopt the Resolution. Seconded by Council Member Noghi. Vote on the motion was as follows: yeas--Council Members Klucsner, Kriog, Nicholson. Nays--Mayor Brady, Council Members Dcich, Nagle. Motion failed. Communication of City Manager requesting Council approval of an application to the Iowa Department of Economic Development for HObiE [nvestmant Partnership Program funding, pre~ented and ~vaul. Council Member Kinesner reeved that the communication be ~eceivad and filed. Sec~mdod by Council Member Nicholson. Carried by tho following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kiiog, Nagle, Nicholson. Nays--None. Absent--Council Member Voetberg. RESOLUTION NO. 211-92 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE IOWA HOME INVESTMENT PARTNERSHIP PROGRAM. Whereas, the City of Dubuque recognizes a continuing need to assist rental unit owners in improving their properties occupied by lower-iucome families; and Whereas, the City recognizes thc benefit of such assistance, in the form of neighborhood impact and increased tax base; and Whereas, the City has successfully administered State and Federally funded Rental Rehabilitation Programs, totaling $1,196,395 in grant funds and matched by $4,050,158 in private reinvestment, since 1984. NOW, THEREFORE, BE IT RESOLVED BY TtIE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized and directed to execute an application to the Iowa Dqx~'tment of Economic Development for participation iu thc HOME Investment Partnership Program. Section 2. That the City of Dubuque Housing Commission is hereby directed to conduct the necessary public hearing regarding this application in accordance with requirements of Chapter 403.A.28 of the Code of Iowa, and to review and/or approve or suggest modifications of thc plans for program design and admitdstcadon of this proposed program. Section 3. That the City Manager is hereby by authorized and directed to forward said application and resulting standard Regular Session, June 15, 1992 244 exccuted contract to thc respective agencies in a timely fashion and as required by the Iowa Department of Economic DevdiopmanL Passed, approved and adopted this 15th day of June~ 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved ndoptico of the Resolution. Seconded by Council Member Ninhulson. Canied by the following vote: Yeas--Mayo~ Brady, Council Members Deich, Kluesuer, Krieg, Nagle, Nicholson. Nays--None. Absent---Council Member Voetherg, Communication of City Manager requesting authorization for tho City Manager and Staff to par~cipate in the upcoming Economic Development Summit and adding it to the 1992 list of City Council goals and priorities, presented and read. Council Member Nicholson moved that the communication he l~xeived and £dad and approved. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krieg, Nnghi, Nicholson. Nays--None. Absent~ouncil Member Voetberg. RESOLUTION NO. 212-92 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That thc following having complied with thc provisions of law relating to the sale of Cigarettes within thc City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. AMOCO Food ShopMulgrew Oil Company 1450 Loras Blvd Aragon Tap Myra Woodman 1103 Iowa SL Asbury Fastop Malgrew Oil Company 3300 Asbm~ Rd. Beecher's Beverage Store Beecher Co., Inc. 1691 Asbury Rd. Big "10" Mart Mole Oil Co. h & Cenlxal Big "10" Mart Mc4o Oil CO. 2100 J. F. K. Big "10" Mart Car Wash Mole Oil Co. 1875 I. F. K. Bunker tlill Golf Shop George Stephanson 2200 Bunker tlill Rd Busy Bee Cafe Butters Bar Casey's General Store Casey's General Ste~e The Monday Compm~y Central Tap Club House Gecage K. Arvani~ 1958 Central Michael John Sawvell 1700 Central Angel Investment 2699 Rockdale Rd 4003 Peru Rd. Myra Woodman 1046 Central Ave Wayne J. Krarmr 2364 Washington St. Coastal Service StationHoliday Oil Dist inc 400 Rhomherg Ave Coastal Service StationHoliday Oil Dist lnc 1401 Central Ave Coastal Se~ice StationHoliday Oil Dist I~ 1685 J. F. K. Copper Kettle Country Kitchen Cozy Comer Cremer Grocery Co. Cue Master Billiards Dodge House Rest. Dr. B's Bilii&rds Eagle Country Market 8018 Eagle Food Centers, Inc. Eaghi Food Center# 130 Eagle Food Centers, Inc. Eagle Food Center # 320 Eagle Food Centers, Inc. David A. Ungs 2987 Jackson St. C. K. of Dubuque 3187 University David Fuerstenberg 201 E. 22nd St Cremer Grocery Co. 731 Rhomherg Ave Cue Master Ltd 900 Central Ave Dodge House Corp 701 Dodge SC Elbe, Inc. 2095 Kerper Bird 300 S. Locust 1800 ~m St. 2050 L F. K. Econofcods # 471 Nash-Finch Company 3355 J.F,K. Circle FDL Retail Market FDL Foods, Inc. 701 E, 16th St Family Beverage & Video Family Beverage Center 3400 Ccnffal Fanfily Convenience & De~amily Mart,Inc. 3201 Central Finale Lounge T & T Welsh, inc. 1701 Con.al Gene's Main Street Tap Eogene/Catheriue Ecchen 1007 Main St. Grandview Drug Store Charles Wiebke/Clifford Hartl705 Delhi St. Grandview Milk HouseDelmar/Ma~ O'Hea 620 Grandview Ave Happy's Place p.m. S.T., Inc. 2323 Rockdale 245 Regular Session, June 15, 1992 Harrig Drug Store Harllg l~ug Stye Hm'dg Drug Sto~e Harfig Dn~g Stole Hy-Vee Food Stove Instant Replay IOCO Spe~de Shoppe IOCO Speede Shoppe IOCO Speede Shoppe IOCO Speede Shoppe IOCO Speede Shoppe IOCO Speede Shoppe KWIK Stop Food Marx Rainbo Oil Company KWIK Stop Food Mart Rainbo Oil Company KWIK Stop Food Mart Rainbo Oil Company KWIK Stop Food Mart Rainbo Oil Company KWIK Stop Food Mart Rainbo Oil Company K-Mart # 4018 Harllg Dmg Company 703 Town Clock Phza Hafllg Drug Company 157 Locust St. Hmtlg Drug Company 2255 J. F. K. Hartig Drug Company 2225 Central Hy-Vee Food Stores 3500 Dodge St. Jude Brashaw 1602 Cenlmi Iowa Oil Company 1998 Jack~c~ Iowa Off Company 3200 Central Iowa Oil Company 2335 University Iowa Oil Compeny 3250 Dodge St. Iowa oil Compeny 1481 l~dge St. Iowa Oil Compeny 1387 Dodge St. 1075 Dodge St. 2360 Central 2320 Hy 61 2297 University 2255 Kerper Blvd K-Mar~ lnc 2600 Dodge St. Long Yuen Chinese Resta~ant Sam W. Chiu 2600 Dodge St. Martin Oil at Dubuque Pride Service, Inc. 280 Locust SL Marlin Automngi¢ Carwash Pride Service. Inc. 2175 Central Mike's "76" Auto Center Michael J. Remakel 2205 Carter Rd Miracle Car Wash Ron Pothoff 255 Locust St Miracle Car Wash Ron Pothoff 3199 University Monte Cglo Restat~ant Chung Lim Gee 370 Main St. Murph's South End Tap Laura A. Murphy 55 Locust St. Neighbor's Tap Jerry Lee James 1899 Rockdale Rd Oky Doky Foods # 6 TFM Co. 1256 Iowa St, Oky Doky Foods # I JFT Ltd 250 West 1st St. Oky Doky Foods Hill Street Plaza, Inc. 535 Hill SC Oky Doky Foods # 9 Robert 3. Br~itbach 51 West 32nd SC Oky Doky Foods # 21 Trans-Miss Investments, Inc. 2010 Keq~er Oky Doky Foods # 14 Krisllna L. Chapman 1050 University Oky Doky Foods # 15 Jena, Inc. 1101 Rhomborg Old Shang Palmer Drug Pasta O'Shea Pipe Inn Quick Clean Laundry Reliable Drag # 5209 Reliable Drag Stores,Inc. Nelda L. Bennett 1091 Main St. Palmer Drug Co., Inc. 2600 Dodge St. Kahn Family Enterprises 395 West 9th St. BeRy Krerr~r Kennedy Mail C. C. Clark 1313 Dodge St. 3049 Asbury Riverside Bowl Riverside Bowl, Inc. 1860 Hawthorne Sfikas Restaurant Grandma's Pas~-y, Inc. 401 Central Ave Sid's Beverage, Inc. Silver Dollar Camina Target Retail Vendors Unlimited Beverly Miller 2727 Dodge St. M M and H Inc. 342 Main St. Dayton Hudson Coqo 3500 Dodge St. Vendors Unlimited Venture Store # 27 Walgreen Co. Walnut Tap Wareco # 662 West Locust Mart Whitoy's Bar-X Dubuque Inn Best Western 3434 Dodge St. Veedors Uniimited Fischer Bowling Lanes 880 Locust St. Vendors Unlimited Portalde Lounge 400 E. 3rd St Vendors Unlimited Cy-Care Plaza Town Clock Plaza Vendors Unlimited Dubuque Casino Belle P.O. Box 447 Vendors Unlimited Days Inn llll Dodge St. Julien Motor Inn 200 Main St. Venture Stores, Inc. 255 LEK. Walgreen Co. 555 J.F.K. Craig J. Weiner 709 University Ave Wareco System of Iowa 700 Rbomberg Le~ W. Potter, Sr. 408 West Loct~t LeRoy A.Miller 2616 Windsor Regular Session, June 15, 1992 246 Windsor Milk House White House Tap Woolworth Co. Ye Old Brunswick Lotnn E. Zihike 2311 Windsor Ave David H. Hoffman 450 West Locust F. W. Woolworth Co. 555 J. F. K. Joyc~ Lol~nz 3203 Jackson St, American L~gion Dubuqan Post 6 My-Cap 1306 Delhi St. Billy Bucks East St.Tap Bffiy Buck's Inc. My-Cap 521 E. 22nd St. Betsy's Judy Bots f~d My-Cap 1027 Rhombe~g Budde's Sports Bar T-MPR, Inc. My-Cap 660 Iowa St Chi-Cid's Chi Chi's Mexican Rest My-Cap 800 Wacker Drive Clarion Hotel Blue Moon Development My-Cap 450 Main St. Denny's Lux Club Beverly Larsen My-Cap 1050 Asbmy Rd Dog House Lounge Robert Leytem My-Cap 1646 Asbuty Rd Dot,o's Cafe Dorothy Thomas My-Cap 504 Central Ave Dubuque Mining Company Apartments Ltd My-Cap 555 J. E K Fat Tuesday's Pen'on Enterprises My-Cap 1121 Univ~sity Fraternal Order of Eagles F.O.E # 568 My-Cap 1175 University Grand Tap James Kohl/K. Love My-Cap 802 Central (3round Round Ground Round. Inc. My-Cap 10 J.F.K. Heartland Inn Joc Minard My-Cap 4025 Dodge Idle Hour Jeannine Kersch My-Cap 1555 Central Imperial Lanes Key City Bowling, Inc. My-Cap 3505 Stoneman Jimmy B's James S. Bauer My-Cap 431 Rhomberg Jim's Web Jim Webb My-Cap 2093 Washington King of Clubs Sharyl Ann Shlreman My-Cap 1902 Central Kirk's Avenue Top Oldham, Inc. My-Cap 1080 University anos Italian Rest/Lounge My-Cap Angelina A.Bertolmi 1298 Main St. Midway Me,or Lodge William Brown Co. My-Cap 3100 Dodge Mike's Ten Pin Tap Mike Weber My-Cap 601 Rbomberg AVe Myers-Cox Company Myers-Cox Co. My-Cap 175 West 32nd Noonan's Tap John W. Noonan My-Cap 1618 Central Pa~k Square Tavern Debra George My-Cap 600 Central Pelican Pier Don Bemboom My-Cap 1635 E 16th St Perkins Restaurant Perkins' lnc My-Cap 3500 Dodge St P.J.'s Peggy Schaller My-Cap 500 Rhombo~g River City Tap & Grill David Lyons My-Cap 14~6 Pine Town Clock Inn Stephanie Nelson My-Cap Town Clock Plaza West Dubuque Tap Donna Ginter My-Cap 1701 Asbmy Whiskey River My-Cap GaD' Kuperschmidt/Ch~d Al~d~/~Inive~ity Passed, approved and adopted this 15th day of June 1992 James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Klncsner moved adoption of the Rcsolullon. Seconded by Council Member Nicholson. Canied by the following vo~e: Yeas---Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nagle, Nicholson. Nays--None. Absent--Council Member Voetberg. 249 Regular Session, June 15, 1992 Nagle. Carried by the following vote: Ye~--Mayor Brady. Council Members Dinch, Kluesnc~, Kring, Nagin, Nicholaon. Nays--None. Absent--Council Member Voethe~g. An Ordinance Amending Zoning Ordinance by ~cl~ssifying property located Northwest of Crescent Court fmra R-1 Single-Family Residential District to C-3 General Commercial District, with conditions, presented and read, Council Member Faieg moved that this be considered the first reading of the Ordinance. and that the requirement that a proposed Ordinance be considea~l nod voted on fcc passage at two council me, tings prior to the meeting at winch it is to be finally adopted be suspended and further moved thnt a Public Hearing be held on the PrOlX~ed Ordnance on the 6th day of July, 1992 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in tbe rmnner prescribed by law. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members D~ich, Kluesner, Ksieg, Nagle, Nicholson. Nays~Noue. Absent--Council Member Vcetberg. Conmmnicatiou of Zoning Commission recommending the City Council approve the zoning reclassification from C-2 to C-3 for 2050 Kennedy Road, presented aed read. Council Member Kluesner moved that the communication be rcceivad and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klucsner, Kriag, Nagin, Nicholaon. Nays--None. Absent~ouncil Member Voetbevg. An Ordinance Amending Zoning Ordinance by reclassifying property located at 2050 John F. Kennedy Road from C-2 Neighborhood Shopping Center Distrct to C- 3 General Cmnmercial I)istrct, presented and ~.ad. Council Member Kinesner moved that this be considered the first reading of the Ordinance, and that the reqcireraent that a proposed Ordinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the Proposed Ordinance on the 6th day of Sdiy, 1992 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Carried by the following vote: Ye~z--Mayor Brady, Council Members Dinch, Kluesner, Kriag, Nagle, Nicholson. Nays--None. Absent--Council Member Voetberg. Communication of Zoning Commission recommending Council approve thc zoding reclassification for Loras Estates from R-1 to PR District and approve Conceptual Devalolxn~m Plan for 15 Single-Fam~y Hordes as requested by Ron Smith, presented nod read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Council Members Dcich. Kluesner, Krieg, Nichulson. Nays--Mayor Brady, Council Member Nagle. Absent---Council Member Vectherg. An Ordinance Amending Zoning Ordi- nonce by ~ezoning from R-1 Single-Family Residential District to PR Planned Residential District and adopting a Conceptual Devulopn~nt Plan for property located South of Roosevelt Rd. and known as Lot 1 of Lot I of Lot 2, both of Loras Place, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance and that it be set for Public Heating on laly 6, 1992 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the numncr prescribed by law. Seconded by Council Member Nicholson. Carried by the followiug vote: Yeaz--Council Members Ddich, Kluesner. Krieg, Nicholson. Nays--Mayor Brady, Council Member Nagle. Ab~ent~Couned Member Vc~tborg. Communication of Zoning Commission approving text araendment to thn Zoning Ordinance for the revised C-I District, presented and read. Council Member Kluesncr moved thnt the communication be rcf.:eived and filed. Seconded by Council Member Kring. Carried by the following vote: Yum--Mayor Brady, Council Memi~'xs Deich, Kluesner, Krieg, Nagle, Nicholson. Nays--None. Absent~CoanciI Member V~etberg. An Ordinance Attending Zoning Ordi- nance by enacting a new Section 3-3.1 C-I Neighborhood Commercial District, presented and ~ead. Council Member Kluesner moved that tins be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinnoce be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the Propozed Ordinance on the 6th day of July, 1992 at 7:30 p.m. in the Public Library Audignium and that the Regular Session, June 15, 1992 250 City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Kring. Carried by thc following vote: Ye.u--Mayor Brady, Council Membe~ Deich, Kluesner, Kriag, Nagle, Nicholson. Nays--None. Absent--Council Member Vontberg. MINUTES SUBMTYFED - Cable Community Teleprogramming Commission of 6-2; C~nagie-Stout Public Libraxy Board of Trustees of 5-27 & 5-28; Handicapped Parking Review Committee of 5-19; Hintesic Preservation Commission of 4-22, 5-20 & 5- 27; Housing Code Appeals Beard of -21 & 5-19; Long Range Planning Commission of 5-20; Riverfront Development Subcommittee of Long Range Planning Commission of 5- 20 & 5-26; Park & Recreation Commission of 5-12; Zoning Commission of 6-3, presented and read. Council Member Nicbolson moved that the minutes be received and filed. Seconded by Council Member Kluesncr. Carried by the fogowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Ksiag, Nngle, Nicholson. Nays--None. Absent--Council Member Vc~tberg. NOTICES OF CLAIMS/SUITS--Jc~n Armbruster in unknown amount for property damages; Kevin Eipperie in an~ount of $581.70 for vehicles damaged; James Hanson in amount of $50.00 for veincin damages; Beverly Vans in amount of $250.00 for property damages; Nancy Lee Wallace in unknown amount for personal injuries; Albert F. Weber, Jr. in amount of $17.50 for personal concerns, presented and read. Council Member Nicholson moved that the claims and suits be referred to die Legal Staff for investigation and mi~rt. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich. Klnesne~, Kriag, Nagle, Nicholson. Nays--None. Absent=Council Member Voetberg. Communications of Corporation Counsul advising of refemd of following cialms to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Cars damaged of Rachel Droste; Car damage claim of Kelly Frick; Civil Rights violation of Ronald C. Fncrst; Personal injury claim of Jo Lenox; Personal injury cialm of Diane TeKippe, presented and read. Council Member Nichulson moved that the communications be received and filed. Seconded by Council Member Kinesnor. Carried by the following vote: Ye0s--Mayor Brady, Council Members Deich, Kluesner, Kriag, Nagle, Nicholson. Nays--None. Absent--Council Member Voethnrg. Communicadon of Corporation Counsel ref. onumnding deinal of cialm of Gerald R. Hirsch, Sr., presented and Iv. ad. Council Member Nicholson moved that the communication be received nod filed and approved denial. Seconded by Council Member Kluesner. Ca~ried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krlag, Nagle, Nicholson, Nays--None. Absent--Council Member Voetberg. Communication of Bryan Mihalnkis advising of a road lnobiem on Salinas Street and requesting s~-ne a~sisntnce, presented and read. Council Member Nicholson moved that the ccmmualcafi~m be referred to the City Manager. Seconded by Council Member Krieg. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesnor, Krieg. Nagle, Nicholson. Nays--None. Absent--Council Member Vontberg. Proof of Publication certified to by the Publisher on List of Claims paid for the month of April, 1992, presented and read. Council Member Nichulson moved that the proof of publication be ~.cinved and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Kriag, Nagle, Nicholson. Nays--None. Absent~ouncil Member Voetberg. REFUNDS REQUESTED -- Anderson Ma.dna in the amount of $37.50 on unexpired Beer Permit Ground Round tloldlngs, Inc. in the amount of $633.75 on unexpi~l Liquor License, presented and read. Council Member Nichoison moved that the refunds be approved and Hnonce Dil-ectc~ to issue proper checks. Seconded by Council Member Klncsner. Canied by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Kring, Nagle, Nicholson. Nays--None. Absent~ouncll Member Voetberg. Communication of Al Bracket submitting bis resignation from the Plumbing Board effective July 1, 1992, presented and re~d. Council Member Nichulson moved that the communication be ~ecelved and filed and accepted with Egret. Seconded by Council Member Kluesn~r. Cmried by the following vote: Yeas---Mayor Brady, Council Members Deieh, Riuesner, Ksiag, Nagle, Nieholson. Nays--None. Absent--Council Member Voetberg. 251 Regular Session, June 15, 1992 Communication of Harold McCormick submitting his resignation from the Long Range Planning Commission as of June 30, 1992, presented and read. Council Member Nicholson moved that thc communication be ~exeived and filed ~nd accepted with n~groC Seconded by Council Member Klueseer. Carried by thc following vote: Yeas--Mayor Brady, Council Members Deich, Klaesne~, Kring, Nagle, Nicbolsou. Nays---Noue. Absent---Council Member Voutberg. Communication of Zoning Commission advising of their approval of plat of MarNa Ridge Estates as requested by Marry McNamer and communication of Bernard Nccas submiVJng ins concerns regarding approval of the plat, presented and reed. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nag, lo, Nieholson. Nays None. Absent~ouneil Member Voetbevg. RESOLUTION NO. 216-92 A RESOLUTION APPROVING Ting FINAL PLAT OF LOTS 1 THROUGH 27 INCLUSIVE OF BLOCK 1 AND LOT A, LOT B, LOT C, AND LOT D OF MARNA RIDGE ESTATES, IN THE CITY OF DUBUQUE, IOWA. Wbemas, them has been filed with the City Clerk a final plat of Lots I through 27 inclusive of Block I and Lot A, Lot B, Lot C and Lot D of Mama Ridge Estates, in the City of Dubuque, Iowa; and Whereas, upon said final plat appear streets to be known as Valentine Drive and ttunter's Ridge, together with ccrtinn public utility and water, sanitary sewer and storm sewer easements which the Owners by said final plat have dedicated to the public forever;, and Whe~as, said final plat has been examined by the Zoning Commission and had its approval endorsed thereou subject the owner(s) agreeing to thc conditions noted 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 relating to it, except that no stseets or public utilities have yet been constructed or installed; and Wberes$, the City Council c~curs in the eoedifious of approval established by the Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. 'Ihat the dedications of Valentine Drive and Hunter's Ridge, together with thc easen~nts for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said finin plat, be and the same are hereby accepted; and Section 2. That the final plat of Lots 1 through 27 inclusive of Block l, Lot A, Lot B, Lot C and Lot D of MarNa Ridge Estates, is hereby approved and the Mayor and City Clerk are hereby unthod~xxl and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto atlached agreeing: a. To reduce Valentine Drive and Hunter's Ridge to grade and to construct concrete curb and gutter and to hard surface with a~pheitic 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 conformance with consWaetion improvement plans approved by the City Engineer. b, To install 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 street 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 in~pectad by the City Engineer. c. To construct said improvements, except sidewalks, prior to one year from the date of acceptance of this resolution, at the sole expense of the subdivider, as owner, or future owno~, d. To maintain the public improvements, except sidewalks, for a period of two (2) years from the date of the acceptance of those improvereents by the Ci~y of Regular Session, June 15, 1992 252 Duhutue, lowa; at the sole expense of the subdivider, as owuer, or furore e. To construct sidewaila in acc~dance with the requirements of Section 42- 24(0) of the City Code, specifically: Sidewalk insbdledou shall be the responsibility of the owner of the property abutting the public fight-of- way. The responsilility shall extend to all successors, heirs and assignees. Sidew~dk installation will not be requi_m.d until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be requh-ed until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon deveiopn~nt of 80% of the lots approved by the plat. f. That when 60 percent of the lots a~ sold, a street connection must be platted and approved between Geraldine Drive and Valentine Drive. And further provided that said Marty and Nancy McNamer, as owners of said property, shall secure the performance of thc foregoing conditions provided in Section 2 by providing security 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 the event Many and Nancy McNamer 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 hereof shall be null and void and the aeeeptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 15th day of June, 1992. lames E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 216-92 We, the undersigned, Marty and Nancy McNanmr, having re. ad the terms and conditions of the Resolution No. 216-92 and being familiar with the conditions thereof, hereby accept fids sarce and a~e to the conditions required therein. Dated in Dubuque, Iowa this 25th day of June, 1992. By:/s/Many McNamel~ By:/s/Nancy McName~ TO: Mary A. Davis City Clerk This is to certify that the rexluired security for thc foregoing Resolution No. 216-92 has been prol~fly filed. Dated at Dubuque, Iowa figs 26th day of June, 1992. W. Kenneth Gearhart City Manager' Council Member Kficg moved adoption, as amended (strike June Dr. from Section 2(0) of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady. Council Members Deich, Kluesunr, Krieg, Nagle, Nicholson. Nays--None. Absent--Council Member Voetberg. Communication of Zoning Commission advising of their approval of a Subdivision located South of Highway 20 as requested by Interstate Power Company, presented and read. Council Member Nicbolson moved that thc communicavJon be received and fried. Seconded by Council Member Klueseer. Carried by the foUowing vote: Yeas--Mayor Brady, Council Members Deich, Klueseer, Kfieg, Nagle, Nicholson. Nays None. Absent---Council Member Voetberg. RESOLUTION NO. 217.92 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVISION OF LOT 1 OF LOT 1 OF LOT 1 OF LOT I OF LOT 2 OF LOT I OF LOT I OF THE SE 1/4 OF THE SE 1/4 OF SECTION 29, T89N AND R2E OF THE 5TH PM, DUBUQUE COUNTY, IOWA. Wberem, them has been filed with the City Clerk a final plat of the Subdivision of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 2 of Lot 1 of Lot I of the SE 1/4 of the SE 1/4 of Section 29, T89N and R2E of the 5th p.m., Dubuque County, Iowa; and 253 Regular Session, June 15, 1992 Whereas, said final plat he~ been examined by ~he Zoning Commission of the City of Dubuque, and had its approval endorsed thereon; and Whereas, said final plat hes been examined by the City Council and the City Council finds that the same unoforms to tho stamtas and ordinances relating ther0m. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described f'mai plat he and thc same is hereby approved and thc Mayor and City Cictk am hereby authorized and directed to cndorac the approval of the City of Dubuque' upon said final plat. Passed, approved and adopted this 15th day of June, 1992. James E. Brndy Mayor Attest: Mary A. Davis City Clerk · Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady/ Council Members Deich, Kluesner, Kriog, Nagle, Nicholson. Nays--None. Absent--Council Member Vootberg. Communication of Zoning Commission advising of their approval of plats located in Country Spriogs Subdivision and Countsy Springs Subdivision No. 2, pr~sentad and read. Council Member Nichoison moved that the communication he received and filed. Seconded by Council Momher Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagie, Nichoison. Nays None. Absent--Council Memher Voetherg. RESOLUTION NO. 218-92 A RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDIVISION OF LOT 7-3 IN BLOCK 1 OF COUNTRY SPRINGS SUBDIVISION IN THE CITY OF DUBUQUF~ IOWA~ Whereas, there has been filed with the City Clerk a final plat of the Subdivision of Lot 7-3 in Block 1 of Counwy Springs Subdivision in the City of Dubuque, Iowa; and Whereas, said final plat has been examined by thc Zoning Commission and had its appmvai endorsed thereon; and Whereas, said final plat has been examined by the City Council and thc City Council find that the same conforms to thc slatutas and ordinances relating thereto. NOW, THERF~ORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That thc final plat of the Subdivision of Lot 7-3 in Block 1 of Count~7 Springs Subdivision in the City of Dubuque, Iowa he and the sam~ is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque upon said final plat and Whereas, said final plat has been examined by tho Zoning Comn~ssion and had ill approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and the City Council find that the same conforms to the statutes and ordinances relating thereto. P~ssed, approved and adopted this 15th day of tune, 1992. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Membur Nicholson moved adoption of the Resolution. Seconded by Council Member Klunsner. Carried by thc following vote: Yeas--May~ Brady, Council Members Dcich, Kluesunr, Krieg, Nagle, Nicholson. Nays--None. Absent---Council Member Voetherg. RESOLUTION NO. 219-92 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THROUGH ti, BOTH INCLUSIVE, AND LOT A OF COUNTRY SPRINGS SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, IOWA. Regular Session, June 15, 1992 254 Whereas, Ibure has been filed with thc City Clgk a final plat of Lots I through 6, both inclusive, and Lot A of Country Springs Subdivision No. 2 in the City of Dubuque, Iowa; and Wheseas, upon said final plat appears a sUeet to he known as Pasadena Drive together with certain public utility and storm sewer e~em~nts which the Ownexs by zaid final plat have dedicated to the public forever, and Wbumas, said final plat has been examined by the Zoning Commission and had its approval endorsed thereon subject the owner(s) agreeing to the conditioas noted in Semtion 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 relating to it, except that no streets or public utilities have yet been conslmcted or installed; and Whereas, the City Council concurs in the conditions 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 the dedications of Pasadena Drive, together with thc easements for public utilities and storm sewer as they appear upon said final plat, be and the sam~ ate hereby accepted; and Section 2. That the plat of Lots I through 6, both inclusive, and Lot A of Countsy Springs Suhelivision No. 2 is hereby a~ved and the Mayor and City Cietk are hereby authorized and directed to end.se the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said properly herein named, execute their written acceptance hereto attached agreeing: To reduce Pasadena Drive to grade and to construct concreta curb and gutter and to hard surface with asphaltic concmta, or with concteta paving with integral crab, all in accordance with the City of Dubuque standard specifications; all in a manner acceptable to the City Engineer and in ccnformance with cons;=rucfion improvement plans approved by the City Engineer, and inspected by the City Engineer;, b. To instail sanitary sewer mains and gwex setvic~ ]at,ntis into each individual lot, watar maim and water sendee laterals into each individual lot, storm sewers and catch basins, boulevard stseet lighting and erosion control devices all in sccordance with the City of Dubuque stsndard specifications and in accordance with constmchon improvement plans approvnd by the City Engineer, and inspected by the City Engineer. c. To consmset said improvements, except sidewalks, prior to one year from the date of acceptance of this resolution, at the sole expense of thc subdivider, aa owner, or future ownc~ To maintain the public improvements, except sidewalks, for a period of two (2) years from the data of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the subdivider, as owner, or future owner;, To constxnet sidewalks in accotdanc.~ with the requirements of Section 42- 24(e) of the City Code, specifically: Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of- way. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not bu requited until the development of the lot has been completed, except as requited herdn. In sparsely developed subdivisions, sidewalks on developed lots will not he mqnimd until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat· And further provided that said Benknl, Inc. as owner of said property, shall secure the performance of the foregoing conditions provided in Section 2 by providing security in such form and with such sureties aa may he acceptable to the City Manager of the City of Dubuque, lowa. Section 3. That in the event the owners shall fail to execute the acceptance and furnish the security providnd in Section 2 hereof within forty-five (45) days after the data of the Resolution, the provisions hereof shall be null and void and the acceptance of 255 Regular Session, June 15, 1992 the dedication and approval the plat ahtdl not be effective. Passed, approved and adopted this 15th day of Juna, 1992. Ian~s E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 219-92 I, the undersigned, Floyd Kunkel, President of Benkcl. Inc., having wad the terms and conditions of the Resolution No. 58-92 and being fanfiliar with the conditions thereof, hereby accept this same and ague to the conditions required therein. Dated in Dubuque, Iowa this 17th day of July, 1992. Bcokel, Inc. By:/si Floyd Kunkel, President To: Ma~y A. Davis City Clerk This is to certify that the re~luimd security for tho foregoing Resolodon No. 219-92 has been properly filed. Da*ed at Dubuque, Iowa this 17th day of June, 1992. W. Kenneth Gearhart City Manager Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Kinesner. Carried by the following vo~: Yeas---May0~ Brady, Council Members Dc'ich, Kluesner, Kriag. Nagle, Nicholson. Nays--None, Absent~ouncil Member Voetberg. Communication of City Manager recommending approval of Funding Agreement with Dubuque Main SUeet, Ltd. for Fiscal Year 1993, presented and reed. Council Member Nichulson moved that tho communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kfieg, Nagin. Nicholson, Nays None. Absent~ouncil Member Voetberg. RESOLUTION NO. 220-92 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE MAIN STREET, LTD., AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECU'I~ SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has negotiated with Dubuque Main Strut, Ltd. to implement and oversee a Downtown Revitalization Program; and Whereas, the terms and conditieos under winch Dubuque Main Street, Ltd. will be funded for providing such services are set forth in a Funding Agreement, a copy of which is hereto aUached and by this reference made a part thereof; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the atlached Funding Agreement by and between the City of Dubuque, Iowa, and Dubuque Main Street, Ltd. be and the same is hereby approved. Section 2. That the City Manager be and the same is hereby authorized and directed to execute said Agreement for and eo behalf of the City of Dubuque, lowa. Passed, approved and adopted this 15th day of Juna, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nich61son moved adoption of the Resolution. Sexonded by Council Member Kluesner. Canled by the foilowiag vote: Yeas.~Mayor Brady, Council Members Daicb, Kluesner, Kfiag, Nagle, Nicholson. Nays--None. Absent--Council Member Voetberg. Communications of City Manager recommending approval of following Purchase of Service Agreements and authorizing Mayor to execute agreements: Project Concern/Phone-A-Friend, Inc. in amount of $25,000.00; Chamber of Commerce, covering the City's financial participation in the oper~on of the Regular Session, Juno 15, 1992 256 Chamb~'s Convention and Visitors Bttreau in amount of $284.281,00; Dubuque County Fine Aria Society (DCFAS) for the Kaleidoscope Project in amount of $1,000.00; Land of Festivals in the amount of $8,270.00, presented and rend. Council Member Nieholson moved that the communications be received and filed and aplxoval of the Purchase of Service Agreements with Mayor authorized to execute Agreements. Seconded by Counc'd Member Kluesner. Cmried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Nagin, Nicholson. Abstain--Council Member Krieg. Nays--None. Absent--Council Member Voetherg. Communication of City Manager reconm~ending approval of an agreement between the Dubuque ltumane Society for animal shelter services through June 30, 1993, presented and read. Council Member Nicholson moved that the communication be received and fried. Seconded by Council Member Kluesner. Carried by the followiug vote: Yeas--Mayor Brady, Council Members Dcich, Klueancr, Krieg, Nagle, Nicholson. Nays None. Absent---Council Member Voeth~g. RESOLUTION NO. 221-92 APPROVING A PURCHASE OF SERVICES AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE DUBUQUE HUMANE SOCIETY AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque dees not oparate its own shelter for dogs, cats and other animals which may be taken up or mcdived pursuant to Article II of Chapter 7 of the Code of Ordinances of the City; and Whereas, the Dubuque Humane Society is an incorporated society for the prevention of cruelty of animnis and does maintain a shelter for the custody of lost, smtyed or homeless dags, cats, or other animals and for the disposition and/or destxuction of such animals not redeemed and/or diseased; and Wbemas, it is deemed to be in the best in,mst of the City of Dubuque to enter into an agreement with the Dubuque Humane Society to provide alfimal shelter services for the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached P~chase of Services Agreement by and between the City of Dubuque, Iowa and Dubuque Humane Society be and the same is hereby approved. Section 2. That the Mayor be and be is hereby authorized and ~L, ccted to execute said Agreement for and on behalf of the City of Dubuque, Inw$. Passed, approved and adopted this 15th day of Juna, 1992. James E. Brady Mayor Attest: ' Mary A. Davis City Clerk Council Memher Nicholson moved adoption of the Resolution. Seconded by Council Member Kluesnor. Canied by the following vo~: Yees--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nagle, Nicholson. Nays--None. Absent--Council Member Voetberg. Communication of City Manager submitting Collective Bargaining Agreement between the City and the Dubuque Professional Fimfighters Association, Local #353, presented and read. Council Member Nicholson moved that the communication be received and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nicholson. Nays--None. Absent-~ouncil Member Voetberg. RESOLUTION NO.222-92 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL #353, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly edopled the Public Employment Relations Act, Chapter 20, Code of lowa~ and Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and 257 Regular Session, June 15, 1992 Whereas, the Dubuque Professional Flrefighters Association, Local #353, is sa employee organization within the meaning of Section 3 (4) of the Public Employment Relations Acl; and Whereas, the Dubuque Professional Firefighters Association, Local #353, submitted a request to bargain collectively on behalf of tho employees within its represeetation; and Whereas, bargaining between the patties has occurred and an agreement has been concluded. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement he accepted and the Mayor authorized to sign the collective bargaining aglv. ern~nL Passed, approved and adopted this 15th day of June. 1992. James E. Brady Mayor Thc~e being no further business, Council Member Nicholson moved to adjourn the meeting. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kleesner, Krieg, Nagie, Nicholson. Nays--Noee. Absent---Council Member Vo~tberg. Meeting adjoumad at 11:16 p.m. Mary A. Davis City Clerk 1993. Attest: Ma~ A. Davis City Clerk Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Kinesner. Carried by the following vote: yeas--Mayo~ Brady, Council Members Deich, Kluasner, Krieg, Nagle, Nicholson. Nays--None. Absent--Council Member Voetherg. Communication of Pat Crahan, Vice President/General Manager advising of periodic flooding problem and advising of need for immediate corrective action under sa economic development program to prevent flooding on the Flexsteel property, presented and read. Council Member Nicholson moved that the communication be referred to the City Manager. Seconded by Council Member Kkiesner. Carded by the following vote: yeas--Mayor Brady, Council Members Deich. Kluesner, Kfieg, Nagle, Nicholson. Nays--None. Absent--Council Member Vontherg. Council Members Special Session, June 29, 1992 258 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, June 29, 1992. Council met at 10:43 p.m. Public Library Auditorium (Following a Work Session on the Investment Policy.) Present-Mayor Brady, Council Members Deich, Kleesnes, Kfieg, Nagie, Nicholson, Voetherg, City Manager W. Kenneth Gearhart, Co~0oradon Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is a Special Session of the City Council called for the purpose to discuss petitions deferred from the Council meeting of Jtme 15th regarding employment of the City Manager. The following were deferred from the Council meeting of June 15, 1992: Signed petitions asking for the resignation of the City Manager, Ken Gearhart; Signed petitions requesting Ken Gearhart not be mmovad from office; Communication of Alfred Hughes urging Council to continue m employ Mr. Gearhart as City Manager;, Communication of Rick Jones supporting Ken Geerbart as City Manager. Following were received on June 25th and June 29th: Communication of Charles Jacobs requesting Council retain Ken Gearhart as City Manager, Communications of Eldon Herdg and Alan Msaternach urging Coundl m retain Mr. Gearhari as City Manager, presented sad read. Mayor Brady advised those present that no public comments would he received at this session. Council Member Voetherg moved that the petitions sad communications were received and IBed. Seconded by Council Member Nicholson. Carded by the following vote: Yeas Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nagie, Nichol~on, Voetherg. Nays--None. Correct Member Vootherg moved that the "Dubuque City Council ask for the resignation of Mr. Gearhart because we ~ulinve that he no longes has tho public ~onfidcnee or backing necessary to administrat~ and Icad the City effectively in the future and further that this resignation is to be effect no later than end of close of business tomorrow June 30, 1992 and he be given 6 months severance pay plus benefits and he be allowed ~o have the use of word processor and copier in City Hall to further his job search - Use machinery vs. personnel - Added that he be terminated if resignation is not submitted". Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kfieg, Naghi, Nicholson, Vootberg. Nays-Council Member Klueseer. Council Member Voetberg moved that it he resolved that ti~ "Council name itself as a Committee as a whole to he the Sea~h Committee and at next regular scheduled meeting, all come with our calendars so we can start our organizational sessions'*. Seconded by Council Member Nicholson. Carded by the following vote: Yeas--Mayor Brady, Council Memhers Deich, Kleesner, Krleg, Nagie, Nicholson, Veetbe~. Nays--None. Upon further discussion it was approved that Stephani Johnson become interim City Managea'. There being no further business, Council Member Voctherg moved to adjourn tho meeting. Seconded by Council Member Nicholson. Carded by the following vote: yeas--Mayor Brady, Council Members Deich, Kluesnes, Kfieg, Nagie, Nicholson, Voetberg. Meeting adjourned at 11:09 Mary A. Davis City Clerk 259 Special Session, June 29, 1992 1993, Council Members Attest: Regular Session, July 6, 1992 260 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, July 6, 1992. Council met at 7:30 p.m. Public Library Auditorium. Present-Mayor Brady, Council Members Dulch, Kluesner, Krleg, Nagle, Vc~tberg. Acting City Manager Stephaul Johnson, Corporation Counsel Bany A. Lindahl. Absent-Counull Member Nicholson. Mayor Brady read the call and stated this is tile Regular Meeting of the Ci[y Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Marlene Novak, Pastor Summit Congregational United Church of Christ. Proclamations proclaiming month of July as "Month of die Tri-State Veterans' Memorial"; tlonorlng Miss Amanda Marie Kennedy as "Miss Iowa Teenage, Jr." was received by Ms. Kennedy. Bruce Wentworth and Norma Denllnger, members of the Dubuque Racing Association, presented a dividend check in the amount of $337,500. Council Member Kfieg moved to suspen~t die rules to allow anyone present to addxess the Council if riley so desire. Seconded by Council Member Voetberg. Carried by the following vote: Yeas~Mayor Brady, Council Members Deich, Kluesner, Krleg, Nagle, Voetberg. Nays--None. Absent--Council Member Nichoison. BOARDS AND COMMISSIONS Civic Center Commission Three Terms which will expire June 29, 2995 (Tenm of D. Bennett, E. Perry R. Bakke); Applicants: Rod Bakke, Dave Bonneth Michael p. Brannon, Timothy Goon. Mike Brannon and Tim Goen spoke requesting appointment. Vote on the appointments was as follows: Mayor Brady votad for Bennett, Brannon and Goen. Council Member Doich voted for Bakke, Bennett and Brannon. Council Membex Kluesner voted for Bakke, Bennett and Brannon. Council Member Krleg voted for Bakke, Brannon and Goon. Council Member Nicholson voted for Bakke, Brannon and Goon. Council Member Voetberg voted for Bakke, Bennett and Brannon. Therefore, Rod Bakke, Dave Bennett and Michael Brannon appointed to three year terms on tile Civic Center Commission which will expire June 29, 1995. Historic Preservation Commlsalon Two terms wiilch will expire 7-1-95 (Terms of G. Naughten & M. Sehiesl) - Must be from Jackson Park area and W. 1 ldi St. Area. Applicants from Jackson Park: Gaff Naughten. Appiicaats AtLarge: Kevin Eipperle (unexpired term to expire 7-1-94 if appointment of Sue Wilke is accepted for the W. llth St. opening); Applicants from W. llth St.: Sue Wilke (resigning from at-large opening if appointed to represent W. lldi St.). Council Member Krleg moved that Gaff Naughten be appointed for the Jackson Park area for a term that will expire July 1, 1995, that Kevin Eipperie be appointed for the At Large area for a term that will expire July 1, 1994, und that Sue Wilke be appointed for the W. 1 ldi St. area for a term that will expire July 1, 1995. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Voetberg. Nays--None. Absent~ounall Member Nicholson. Library Board Appointment to be by Mayor with approval of Council in accordance widi Sec. 304 of Ciiy Cede of Ordinances. One unexpired term which will expire July 1, 1993. Helen liantelmann addressed the Council on behalf of herself. Mayor's recornmendailon was Helen Hantulmann. Council Member Vootberg moved diat they concur widi the Mayor's recommendation of file appointment of Helen Hantelmann. Seconded by Coundfl Member Deich. Car~ed by the following vote: Yeas--Mayor Brady, Council Members Deich, Nagle, Vootbe~g. Nays--Council Members Kluesner, Faleg. Absent-~Jounoil Member Nicholson. Long Range Planning Commission Two three year terms which will expire July 1, 1995 (Terms of C. Crahan and H. McCormick) Also a re. ember of the City Council to be designated annually and an