Loading...
1992 November Council Proceedings427 Special Session, October 29, 1992 Approved ~ ~._~_~._., 1993. Adopted ~, 1993. Council Members Regular Session, November 2, 1992 428 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, City Council, November 2, 1992. Council met at 7:30 p.m., Public IAbrary Au&tofium~ Present: Mayor Brady. Council Members Dcich, Klansner, Krleg, Nagle, Nicholson, Acting City Manager Stephani Johnson, Corporation Counsel Barry A. LindahL Absent: Council Member Voetberg. Mayor Brsdy re. ed the call and stated this is the Regular Meeting of the City Council called for the purpose to act upon such business which n~y properly come befca'e the Council, Invocation was given by Father Norm White, Rural Life Director of the Archdiocese. PROCLAMATIONS -- Month of November a~ "Alzhalmer Diseme Public Awareness Month" received by Karl Kohnen; Nov. 7 0~ "ABATE Toy Ride Day" received by KeBy Boyce; Nov. 8-14 az "Youth Apprcciadon Week" received by Jane Smith of the Morning Optimist~, Dave Fcipel of the Noon Optimists and Jim Evitts of the Evening Optimists; Nov. 15-21 as "AIDS Information and Education Week" received by P. Alexander, Nov, 18 as "Philanthropy Day" received by Karl Kohnun. Tom Graham introduced Cynthia Steinhauser, Executive Director of Dubuque Main S~xeet, Ltd. who submitted their Annual Repot fc~r FY '92 and Financial Investments and job~ created in Downtown District Comparison Chart fo~ the past seven Council Member Kluesner moved that the rules be suspended to ul~ow anyone to address the Council if they so desire. Seconded by Council Member Nicbolson. Carried by tho following vote: Yeas~Mayor Brady, Council Members Dcich, Kluesncr, Krieg; Nagie, Nioholson~ Nays--Nqne. Absent--Council Member Voctbe~g~ Proof of Publication certified to by the Publishe~ ca Notice of Heroine on Plans and Specifications for Coustrucilon of Main Street at 3hi Slreet Traffic Signals, presented and read. There were no written objections received at the lime of the Hearing. Council Member Kluesner moved that the proof of publication be rectdved and filed. Seconded by Council Member Nagie. Carried by the following vote: Yeas--May~ Brady, Council Members Dcich, Kluesner, Nagie, Nicholsun. Nays--Council Member Krleg. Ab~nt---Conncil Member Vo~tberg. RESOLUTION NO. 338-92 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 30th day of September, 1992, plans, spccificadons, form of unnlxact and estimated cost were filed with the City Clerk of Dubuque, lowa for the Main S~eet at 3rd Street Traffic Signals. Whereas, notice of he. ming on plans, specificailons, form of contract, and nsilmated cost waz published as required by law, NOW THF~R 'F~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contxact and estimated cost are hereby approved az the plans, specificadons, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 2nd day of November, 1992. Attest: Mary A. Davis City Clerk Council Member lar~s E. Brady Mayor adoption of the Resolution, Seconded by Comlcil Member Nagie. Canled by the following vote: Ye. sa--Mayor Brady, Council Members Deloh, Kluesner, Nagle, Nicholson. Nays--Council Member Krieg. Ab~unt--Cunncil Member Vuntberg. Proof of Publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids for project and communication of City Manager reconm~nding to award conuact for project, presented and read. Council Member 429 Regular Session, November 2, 1992 Kluesner moved tbut the proof ned communication be ~e~ved and filed. Seconded by Council Mem~e~ Nngis. Carried by the fofiowing vo~: Yean~Mayor Brady, Council Members D~ch, Kluesner, Nagle, Nieholann. Nays--Council Member Krleg. Absont---Councfi Member Vnet~rg. RESOLUTION NO. 339-92 AWARDING CONTRACT Wbereas, sealed proposals have been submitted by contractors for the Main Strnet at 3rd Street Traffic Signals pursuant to Resolution No. 319-91 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of October, 1992. Wbere~, said sealed proposals were opened and rend on the 22nd day of October. 1992 and it has been determined that the hid of Westphai and Company of Duboqne, Iowa in the amount of $22,231,15 was the lowest bid for the furnishings of all labor and matefiais and pe~fon~ng tho work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Wastphal and Company and the Manege~ be and is hereby directed to execute u contract on beh~f of the City of Dubuque for tbe complete peff~ce of the work. BE IT FURTHER RESOLVED: That upon the signing of said conuect and the approval of the cona~otor's bond, the City Treasurer is authorized and instructed to return the hid deposits of the unsuccessful hidde~s. Passed, approved and adopted this 2ad day of November, 1992. Jam~s 15. Brady Mayor ARe. at: Mmy A. Davis City Clerk Council Member Kluesecr moved adoption of the Resolution. Seconded by Council Member Nngle. Canied by the foBowing vote: Yces--Mey~ Brady, Council Member Deich, Kluesner, Nag, lc, Nichoison. Nays--Council Member Krleg. Absent--Council Member Vontberg. Proof of Publication certified to by thc Publish~ on Notice of Public He. ming to consider vacating an unused utility and driveway easement in Stonehiil Community Subdiv~aion No. 1, presanted and read. Thewo were no vnittea objections received and no oral objectors pmseot ut the time of the Heating. Council Member Krieg moved that the proof of pubfication be received and filed. Seconded by Council Member Nagie. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klnesner, Krieg, Nagie, Nicholson. Nays---None. Absant--Councll Member vnethers. RE~OLUTION NO. 340-92 Whereas, pursuant to resolution and published notice of time and place of besting, puhiished in tho Tdegmph Heraid, a newspaper of general circulation puhiisbed in the City of Dubuque, Iowa on 23gl day of October, 1992, the City Council of the City of Duboqec, Iowa met on the 2nd day of November, 1992, at 7:30 p.m. in the Public Libra~ Aediuytium, llth and Locust, Dubuque, Dubuque County, Iowa to couaidar the proposal for tho vacation and release of mai estete described as: A 10 foot wide utility easement and a 60 foo~ wide driveway easement on Lot 1 of 1 of 3 of Stone. hill Community Subdivision No. I and Lot 3 of 1 of Block 7 in Phase I of Stonchifi Community Subdivision No. I in the City of Duboq~, as shown on the plats filed April 25, 1979 and October 21, 1975 reoorded as Insuameot No. 3173-79 and 78'/0-75 respectively, in the office of the Recorder of Dubuque County Whereas, the City Council of the City of Dubuqne, Iowa oven'uled any and all objections, oral or written, to the proposal to dispose of interest of thc City of Dubuque, lows, in the beretnebove described real NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the int~ect of the City of Dubuque, Dubuque County, Iowa in real prapetty described as a 10 foo~ wide utility easement and 60 foot wlda driveway easement on Lot 1 of 1 of 3 of Stonehill Community Subdivision No. 1 and Lot 3 of 1 of Block 7 in Phase I of Regular Session, Stonehill Community Subdivision No. I in the City of Dubuque, Iowa be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be authorized and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to A.E. Realty Company upon receipt of the above fees. Section 3. That the City Clerk be and is hereby andiofized and directed to record a certified copy of this resolution in the office of die City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed, approved and adopted this 2ed day of November, 1992. Jam~s E. Brady Mayor Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesner, Krieg, Nagle, Nicholson. Nays--None. Absent--Council Member Voetbea'g. Proof of Publication certified to by the Publisher on Notice of Public tlearlng to consider reclassifying properties at 83 Locust Street and 301, 305, 309 and 313 Jones Street from C-4 to OR District and an Ordinance amending Zoning Ordinance by reclassifying properties located at 83 Locust Street, 301,305, 309 and 313 Jones SUcet from C-4 Downtown Commerciai District to OR Office Residential District, first reading only given at meeting of 10-19-92, presented for further action. There were no writmn objections received and no oral objectors present at thc time of the Hearing. Council Member Nicholson moved that this matter be tabled. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Kfieg, Nagie, Nicholson. Nays--None. Absent--Council Member Voetberg. Pr(of of publication certified to by the Publisher on Notice of Public Hearing to consider an Ordinance amending Section 3- 4.2 HI Heavy Industriai District and proof of publicailou certified to by die Publisher on Notice of Public Hearing to consider an Ordinance establishing an Mill District, November 2, 1992 430 presented and read. There were no written objectioos received and no oral objectors pre~ent at the time of die Hearing. Council Member Kileg moved that the proofs of puhiication be ~ceived and flied. Seconded by Council Member Nicholson. Canied by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesuer, Krieg, Nagle, Nicholson. Nays--None. Absent--Council Members Voetberg. An Ordinance amending Zoning Ordnance by establishing an MHI Modified Heavy Industrial District under Section 2-1, a new Section 3-4.4 MHI Modified Ileavy Industrial Disttlct, and Sign Regulations for an MHI Modified Heavy Industrial District in Section 4-3.11, first reading only given on 10-19-92, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 78-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THERFX)F, ALSO KNOWN AS THE ZONING ORDINANCE, BY ESTABLISHING AN MHI MODIFIED HEAVY INDUSTRIAL DISTRICT UNDER SECTION 2-1, A NEW SECTION 34A MHI MODIFIED HEAVY INDUSTRIAL DISTRICT, AND SIGN REGULATIONS FOR AN MHI MODIFIED HEAVY INDUSTRIAL DISTRICT IN SECTION 4-3.11. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIl. OF THE CITY OF DUBUQUE, IOWA: Section 1. ApFendix A of die Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by amending Section 2-1 Establishment of Districts by including under Industrial Districta the following: "Mill Modified Heavy Industrial Distdct ". Section 2. Appendix A of the Code of Ordinances of the City of Dubuque, Iowa, is hereby stranded by adding Section 3-4.4 MHI Modified llcevy ledusaiai Dis~ct, as shown on Exhibit A, Section 3. Appendix A of the Code of Ordinances of thc City of Dubuque, Iowa, is hereby amended by amending Section 4-3.11 Schedule of Sign Regdiafions, as shown on Exhibit B. 431 Regular Session, November 2, 1992 Section 4, That the fomgolng amendment has beretofo~ been reviewed by the Zoning Commission of ll~ City of Dubuque, iowa~ Section 5. That this or~onnco shall take effect immediately upon publicatiom Passed, approved and adopted this 2nd day of November, 1992. Jan~s E, Brady Mayor Attest: Mary A. Davis City Clerk EXHIBIT A "3-4,4 MHI Modified Heavy Industrial District (A) General purpose and descllption. The MHI Modified Heavy Industrial Dis~ct is intended to provide appropriate locations for most heavy industrial usus, while also serving a~ a buffer for transitional and redeveloping areas, partionlarly along the U.S. 61/131 freeway corridor, from those moat intense industrial usus which by their nature tend to generate levels of smoke, dust, noise, or odors or buvo visual impacts that lender them incompatible with virtually till other land usus. For this reason, the Mill Modified Heavy Industrial Dis~iet will be mapped only in cress wbere topographic featems or adjacent zoning districts mitigate the effects of the zone upon nearby uses. This disMot is nl$o designed to accommodate the expansion of existing uses and provide for infill of vacant parcels but is not generally intended to be an expandable dis~¢t other than throngh the use of a planned unit devniopn~nt as provided in this ordinance. (B) Principal permitted uses. The following uses shall be permitted in the Mill District. (I) Railroads and public et quasi-public utilities including substatioas [47], (2) General offices [47]. O) Medicnl/dentel lab [8]. (4) Personal services [14]. (5) Off-Steer l~king lot [N/Al. (6) Gas station [18]. (7) Bakery (wbolosale/commereial) [191. (8) Indoor restaurant [20]. (9) B~r~vom [20]. (10) Automated gas station [18]. (11) Service station [21]. (12) Drive-up autonm~t bank teller [8]. (13) Self-service carwash [8]. (14) Animal hospital/clinic [23]. (15) Fureitum uphoisterytYepair [18], (16) Business services [29]. (17) Banks, savings and loans, and credit uni~ms [31]. (18) Vcnding/gan~ machine sales/service [19]. (19) Indoor recreation facilities [37]. (20) Mall-order houses [23], (21) Lumbe~yardsjboilding materials sales [19]. (22) Cous~cetion supplies, sales and service [19]. (23) Printing and publishing [32]. (24) Moving/storage facllitius [33]. (25) Foil-service eanvash [8]. (26) Auto service contem [34]. (27) Auto sales and services [38]. (28) Auto repair/body shop [35]. (29) Truck sales, serviea and repair [39]. (30) Faun iroplcment salcs, services and repair [39]. el) Auto parts/supply [7]. (32) Mobile home sales [40], (33) Motorcycle sales/service [41]. 04) Bo~ snlee/sorvice [40]. 05) Recreation vehicle sales/service [38]. 06) Vehicle rental [47]. 07) Upholstery shop [42]. Regular Session, November 2, 1992 08) Pafifing structure [N/Al. (39) Contractors shop~ard [33]. (40) Wholesale snies/distributor [29]. (41) Freight transfer facilities [44]. (42) Fuel and lea dealers [33]. (43) Agilculiural supply sales [19]. (44) Cold storage/locker plants [15]. (45) Packing and processing of meat, dalt3~ or food products, but not to include slaughtelhouses or stockyards [33]. (46) Compounding, processing, and packaging of chemical products, but not including highly flammable or explosive materials [33]. (47) ManufacUu~, assembly, repair or storage of electrical and electronic products, components, or equipment [33]. (48) Laboratories for research or engineering [33]. (49) Warehousing and storage facilities [33]. (50) Manufacture or assembly of musical instalments; toys; watches ~x~ clocks; medlcni, dental, optical, or similar scientific insRuments, oxthopedic or medical appliancos; signs or billboards [33]. (51) 432 Manufacturing, compounding, assembly or treatment of articles or products from the following substances: clothing or textiles; rubber, precious or semiprecious stones tn meads; wood; plastics; paper; leather; fiber, glass; hair; wax; sheet metal; feathers; fur, and cork [331. Manufactme, storage or processing of the following products or materials: glue, petroleum products or any flanmmble liquid, asphalt or coocrete products; explosive materials of any type; sffuctural s~el and foundry products; f~rdlizer, pharmaceutical products, including cosmetics, toiletries, and soap; and stone products, inciuc~ng brick, building tone, and similar masonry materials; [33]. [ ] Parking g~oup--S~e section 4-2. of this ordinance. (C) Accessory uses. Thc following uses shall be pemtitted as accussc~y uses as provided in Seclion 4 of this (1) Any use customarily incidental and subordinate to thc l~incipal use it serves. (D) Condititmni uses. (1) Gmap day cme center provided that: (a) Fern/ (40) square feet of indoor floor area excluding halls and bathrooms) is provided per child in areas occupied by cribs; (b) Thirty-five ('35) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in mas not occupied by cribs times the licensed capacity; (c) Seventy-five (75) square feet of fenced outdoor rearealion space is provided par child using the space at a given time; (d) Such facility shall provide for the loading and unloading of cldldmn so as not to obstruct public streets or create uaffic or safety hazards; (e) All licenses have been issued or have been applied for awaiting the outcome of the board's decision; (0 No group daycare center may be located within the facility selling, servicing, repairing or renting vehicles; (g) The parking group [8]; and (h) The conditional use applicant certifies that the premises on which thc group daycare center will be 4,33 Regular Session, November 2, 1992 located complies with, and will for so long as the group daycare center is so located continue to comply with all 1o~1, state and federal regulations governing hazardous conditions, hazardous wastes, and hazardous materials, including but not limited to Iowa Code Chapter 455B(1991); 42 U.S,C. Section 9601 of the Federal Comprehensive Environmental Response Compensation, and Liability Act; 40 C.F.R. Section 302.r; and Section 302 of the Superfund Amendments and Reauthorizatia~ Act of 1986. (i) If the applicant is subject to the requirements of Secllon 302 of the Super fund Amendments and Reauthofizafion Act of 1986, tho emergency management director shall certify whether or not the applicant has submitted a current inv~ntaty of extremely hazardous substances kelX or stored on the premises. If any such extremely hazardous substances are kept or stxned on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. (E) Temponu'y uses, The following uses shall he permitted as temporaxy uses in the MH! District: (1) Batch plants (asphalt or (F) Bulk regulations: (1) Maximum building height: One hundred fifty (150) feel (G) Parking requirements. See section 4- 2 of this ordinance. (H) Signs. See section 4~3 of this Regular Session, November 2, 1992 434 EXHIBIT B 4-3,11 Schedule of sign regulations Zoning Allowable Max{mum Area Max{mum 435 Regular Session, November 2, 1992 EXHIBIT B 4-3,11 Schedule el sign regulations Zoning Regular Session, November 2, 1992 436 Published offici011y in the Telegraph Herald newspaper this 12th day of November, 1992. Mary A. Davis CMC It 11/12 CiO/Clerk Council Member Kfieg moved that this be the second reading of the Ordinance, and that the rcxldimmcnt that a proposed Ordinanc~ be considered and voted on for passage at two Council meetings I~iOr to the meeting at which it is to be finally adopted be suspended and further moved final adoptiun of thc Ordinance. Seconded by Conncil Member Nicholsun. Can-led by the following vote: Yeast-Mayor Brady, Council Members Dcich, Khiesner, Kfieg, Nagle, Nicholson. Nays---None. Absent~Cunncil Member Vactberg. Petition of Interstate Power Company and FDL Foods, Inc. requesting a variance for a private sewage disposal system at the Municipal Ai~ott which adjoins their hangers and communication of Acting City Manager recommending approval of ~Atuest, presented and read. Mr. Richard Ewers of Interstate Power Co, spoke to the request, Council Member Kluesanr moved that the petition and communication be n~oivad and filed and recommendation approved. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klucsner, Kring, Nagin, Nicholson. Nays--None. Absent--Council Member Voctbetg. RESOLUTION NO. 341.92 RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO TRANSFER OF JURISDICTION OF PORTIONS OF EXISTING U.S. Whereas, the Iowa D~partmunt of Transportation is nearing completion of the U.S. 61 highway construction project; and Whereas, previous agreements with the Iowa Department of Transportation provided for transfer of jmisdiction of former highway route to the City of Dubuque upon completion of the U.S. 61 project; and Whereas, the Iowa Department of Transportation has prepared un agreement setting forth the terms and conditions of the transfer of juristhcrion, including payment of $80,000.00 to the City of Dubuque at the time of teamfer. NOW, TDEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Agrocn~nt g93-TJ-004 with the Iowa Department of Transportation rolating to the transfer of jurisdiction to the City of Dubuque of the foilowing portions of U.S. 52161]151 be approved: 1. Locust Street, from the Locust Street Connector to 4th Street 2, Bluff Sweet, from Dodge Street to 5th Street 3. 4th Sweet, from Locnst Sweet to White St~et 4. 5th Street, from Bluff Street to Central Avenue 5. White Street, fi.om 4th SWeet to 9th Street 6. Central Avenue, from 5th Sweet to 9th Sweet 7. 9th Sweet, from the east 911 Connector to Kerper Boulevard 8, llth Street, fi.om the eaat 911 Connector to Kerper Bunhivard 9, Keeper Boulevard, from 9th/llth Street to 16th Street 10. 16th Street, fi.om Keq',er Boulevard to Oreyhunnd Park Rood Section 2. That the Mayor be authorized and directed to execute two copies of the agreement and forward the executed copies to the Iowa Department of Tronsportation for their approval. Passed, approved and adopted this 2nd day of November, 1992. James E. Brady Mayor Attest: Mmy A. Davis City Clerk Council Member Ktieg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: yem-q2ounoiI Members Deich, Kluesn~, Kfieg, Nicholsun. Nays---Mayor Brady, Council Member Naghi. An Ordinance Amending the Code of Ordinances by adding uew intersections to subsection (b) of Section 32-214 thereof providing for thc addition of STOP SIGNS at the intersections of Marion Street, Concord SWeet, Concord Cour~ and Stetmorc Struet, with first reading only given on 10- 19-92, presunted for further action. Council Member Kluesncr moved that tiffs be conaldgred the second reading only of thc Ordinance. Seconded by Council Member 437 Regular Session, November 2, 1992 Nagle. C~r by the following vo~e: yea~--Mayor Brady, Cconcfl Membe~ Deich, Kluesner, Nngle, Nicholson. Nays--Council Member Kriog. Absent--Council Member Voetberg. An Ordinance amending thc Code of Ordinances by modifying subsectieu CO) of Section 32-216 thereof providing for the addition of YIELD SIGNS at die intersection of Arbor Hills Drive and Highland Park Drive (Recommended by Staff), first reading given at the weeting of 10-19-92, presented for further action. NO FURTHER ACTION WAS TAKEN AT THIS TIME. An Ordthanco mending Code of Ordinances by modifying suhaectioo CO) of Section 32-214 thereof Inoviding for the addition of STOP SIGNS on Arbor Hills Drive and Highland Park Drive, (this ~equested by residents), ~aJd first reading only given 10-19-92, l~esented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 79-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY MODIFYING SUBSECTION CO) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS ON ARBOR HILLS DRIVE AND HIGHLAND PARK DRIVE NOW, THEREFORE, BE IT ORDAIHED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L Tbat the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Arbor Hills Drive to Subsection (b) of Section 32-214 thereof as follows: "Sec. 32-214. ~. (b) *** EASTBOUND AND WESTBOUND Arbor Hills Dflve and Highland Park Drive. Passed, approved and adopted this 2nd day of November, 1992. lames E, Brady Mayor Att~t: Mary A. Davis City Clerk Puhlishcd officially in the Telegraph Herald newspaper this 9th day of November, 1992. Mary A. Davis CMC It 11/9 City Clerk Council M©mbor Kluesncr moved that this be considered die second reading of the Ordinance, and that tho requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to thc meeting at which it is to be finally adopted be suspended and further moved fianl adoption of the Ordinance. Seconded by Council Member Nngle. Carried by tho following vote: Yeas---Mayor Brady, Council Members Deich, Klansnor, Krieg, Nagle, Nicholson. Nays--None. Absent--Council Members Voetberg. An Ordinance amending Code of Ordinances by adding a new intersection to subsection (b) of Section 32-214 thereof providing fc~ tho Addition of a STOP SIGN at tho intersection of Cascelot Drive and Eadford Road, first reading only given 10- 19-92, presented for further action, (OFFICIAL PUBLICATION) ORDINANCE NO. g0-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING A .NEW INTERSECTION TO SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF A STOP SIGN AT THE INTERSECTION OF CAMELOT DRIVE AND RADFORD ROAD NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CH'Y OF DUBUQUE, IOWA; Section 1. That tho Code of Ordinances of thc City of Dubuque, Iowa be awended by adding tbe following intersection to Subsection (b) of Section 32-214 thereof as follows: "Sec. 32-214, StoO Imersnctions. WESTBOUND Camelot Drive and Radford Road." Regular Session, November 2, 1992 438 Passed, approved and adopted this 2nd day of November, 1992. Jarc~s E. Brady Mayor Attest: Mary A. Davis City Clerk Publisbed officially in the Telegraph llerald newspaper this 9th day of November, 1992. Mary A. Davis CMC It 11/9 City Clerk Council Member Kluesner moved that this be considered the second reading of tho Ordinance, and that the requiren~nt 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 Nieholson. Carried by the following vote: Yeas~May~ Brady, Council Members Deich, Klueaner, Krieg, Nagle, Nicholson. Nays--None. Absent--Council Member Voetbsrg. An Ordinance amending Code of Ordinances by modifying subsection (b) of Section 32-214 thc~of providing for the addition of STOP SIGNS at tbe intersection of Pasadena Drive and Foothill Court, first reading only given 10-19-92, presentad for further action, (OFFICIAL PUBLICATION) ORDINANCE NO. 81-92 AN ORDINANCE AMENDING TIlE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION Co) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS AT THE INTERSECTION OF PASADENA DRIVE AND FOOTHILl. COURT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tho Code of Ordinances of tho City of Dubuque, Iowa be amended by adding Pasadena Drive to Subsecti~ (b) of Section 32-214 thereof as follows: "Sec. 32-214. Stop Intersections. CO) *** Northbound and Southbound Pasadena Drive and Foothill Court. Passed, approved and adopted this 2nd day of November, 1992. Jan~s E. Brady Mayor Mary A. Davis City Clerk Published officially in the Telegraph Herald newspape~ this 9th day of November, 1992. Mmy A, Davis CMC It 11/9 City Clerk Council Member Kluesner moved that this be considered the second reading of the Ordinance, and that the reqcimn~nt that a proposed Ordinance be considered and vo~l on for passage at two Council meetings prior to th~ meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Nngle. Carried by tho following vote: yeas--Mayor Brady, Council Members Dcich, Klue~ner, Krieg, Nagle, Nicholson. Nays--None. Absent--Council Member Vc~therg. An Ordinance amending Cod~ of Ordinances by modifying subsection (b) of Section 32-216 thereof providing for the addition of a YIELD SIGN at the intersection of Hillcmst Road (North) and Pasadena Drive, first reading odiy given on 10-19-92, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 82-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF TIH~ CITY OF DUBUQUE, IOWA BY MODIFYING SUBSECTION Co) OF SECTION 32-216 THEREOF PROVIDING FOR THE ADDITION OF A YIELD SIGN AT THE INTERSECTION OF HILLCREST ROAD (NORTH) AND pASADENA DRIVE NOW, q~EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the C~de of Ordhiances of the City of Dubuque, Iowa bo amended by adding Hiilcrest Road to Subsection (b) of Section 32-216 thereof as follows: *'Sec. 32-216. Yield Intersections, CO) *** (3) Eastbound Vehicles 439 Regular Session, November 2, 1992 Hilicrnst Road (North) and Pasadena Drive. Passed, w~oved and adopted this 2ed day of November, 1992. James E. Brady Mayor Attest: Mama A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 9th day of November, 1992. Mama A. Davis CMC It 11/9 City Clerk Council Member Klneaner moved that this be considered the second reading of the Ordinance, and that the requiren~nt that a proposed Ordinance be considered and voted on for passage at two Council m~tings prior to the meeting at which it is to be finally adopted be suspended and fu~ber moved final adoption of the Ordinance. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Membe~ Deich, Klecsner, Kfieg, Nagle, Nicholson. Nays--None. Absent--Council Member Voetberg. An Or/finance establishing a Community Development Commission, with first reading only given 10-19-92, presented for further action. (OFFICIAl. PUBLICATION) ORDINANCE NO. 83-92 AN ORDINANCE ESTABLISHING A COMMUNITY DEVELOPMENT COMMISSION Whereas. the City of Dubuque, Iowa has entered into Grant Agreement Number B-92- MC-19~004 ("Agreement") with thc U.S. Department of Housing and Urban Development under Title I of the Housing and Commu~Aty Development Act of 1974, Whereas, said Agmmont ~quires the development of a Citizen participation Plan (the "Plan") to provide for citizen participation in thc development and evaluation of the City of Dubuque's Conaamuity Development Block Gr~t program; and Whereas, said Plan, adopted by Rnsolution Number 287-92 on September 8, 1992. requires thc establishment, by ordiannc~, of a Community Development Cormnission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: CHAPTER 15 ARTICLE IV. COMMUNITY DEVELOPMENT COMMISSION Sec. 15-46. Community Development Commission created; composition. There is hereby created a Commuuity Development Commission whose primary purpose shall be to provide for citizen participation in the development and evaluation of the City of Dubuque's Community Development Block Grant CCDBG") program. The Commission shall consist of nine (9) membem; five (5) of which shall be residents of one of each of the five census tracts with the lowest me, an household income as determined by the U.S. Department of Conuner~. Bureau of thc Census; three (3) of which shall be residents of the community at-large; and one (1) of which shall be a member of the Housing Commission designated by the }lousing Commission. Sec. 15-47. Application and appointment process. The process of appointment to the Commission by thc City Council shall include at least the following elements: (1) Submission of an application form containing the requested information on the qualifications and expectations of the applicant; and (2) Notice to and an opportunity tbr the general public to comment, in writing, on the qualifications of each applicant; and (3) A formal interview by the City Council to determine the applicant's qualifications and ability to serve effectively on thc Commission. Individuals who, by their professional or parsonal experience or interest, arc knowledgeable of thc devalopn~nt needs of the community at-large and of low and moderate income persons in particular shall be considered qualified to se~e on the Commission, subject to City Conecil review and consideration of other applicable information. Sec. 15-48. Term; filling of vacancies; compensation, Regular Session, November 2, 1992 440 The term of office for a Commission member shall be three (3) years except as set forth below. The iuifiai terms of thc Commission shall be as follows: (1) For each of the five (5) residents of the five census tracts with the lowest median household income as determined by the U.S. Department of Commerce, Bm'eau of the Census; one (1) shall be appointed for an initial term of one year, two (2) shall be appointed for an initial term of two ye~s; two (2) shall be appeinwA for an initial term of three years. (2) For the three (3) commuuity at-large residents; one (1) shall be appointed for an initial term of one year, one (1) shall be appointed for an initial term of two years, and one (1) shall be appointed for an initial term of three years. (3) For the one (1) member of the Housing Commission designated by the Honsing Cowmission, the initial term shall be one year. A Commission member may be removed at any time with or without cause by a vote of two-thirds (2/3) of all members of the City Council. A vacancy neeun'ing on the Commission caused by resignation or otherwise, shall be filled by appointment of the City Council for the remainder of the unexpired terw. Members of the Commission shall serve without compensation except for actual expenses, which shall be subject to approval by the City Council, Sec. 15-49. Duties and responsibilities: general. The Commission simll have the following dtmes and tesponsib/ildes: (1) To conduct public hearings in accordance with the minimum standards established in the CDBG program's Citizen Participation Plan to ensure meaningful citizen input in the planning, implementation and assessment of the City of Dubuque's CDBG prngran~; (2) To provide for and encourage the participation of low nd medemte income parsons who wside in designated are~ of slum and blight and residents of low and moderato income neighborhoods, aa defined by tho City Council, in the planning, implemantadon and assessment of thc CDBO prngran~; (3) To identify community development needs, pm~ticuiarly the needs of parsons of low and moderate income; (4) To serve in an advisory role upon the reXlnest of the City Council in policy decisions regarding funding priorities and program development and implementation; (~) To rnonitor and evaluate program activities to advise whether identified cormntmity development objccfivns have been met; (6) To undertake public information efforts to educate the citizenry of the availability of CDBG funded programs and to provide for a greater understanding of the City's community development efforts; and (7) To assist in the preparation of the Statement of Commucity Development Objectives and Projected Use of Funds, amendments thereto and required repots including, but not limited to, the annual Cyrantee Performance Repo~ (GPR) and the annual Comprehensive Housing Assistance Strategy (CHAS); (8) To serve in an advisory role to the City Managns in the review of complaints and grievances t~ceived in accordance with the procedures established he~in in Section VII. (9) To suppor~ upon request, the efforts of the City Council and other City commissions in the assessment of the general developmant needs of the community. The City Council shall have the authority to establish or ~evise the psiodfies of lhe Commission. Sec. 15-50. Duties and ~esponsihiliiles; appeal process. The Commission shall participate in the following descritn~'d grievance procedure established by the City Council ibr ~he Community Development Block Orant program. (l) All complaints regarding the Commmtity Dewlopment Block G~ant (CDBG) program shall bu bundled in accordance with the following described grievance procedure. 441 Reguler Session, November 2, 1992 (a) Any aggrieved person shall file · grievance with the City Manager. C~evances shall be filed in · dmuly manner and must be ~elved by ~e City M~mager within one (1) year of Ihe (b) Grievances sl~ll be ~ed in rotting and shall contain a concise statement of the grievance and an eXldanation of the action desired. (c) The City Manager shall forward the grievance to the Comn~saion within seven (7) working days of its receipt. (d) The Conuntssion shall, within fifteen (15) working days of the l~_.eipt of the 8rievance~ set a tmmmable time for a hea~ng, The complainant shall be notified in writing of the time and place of the heating, If a grievance is resolved prior to the date of the hearing, the aggrieved patty shall request in vnltlng that the grievance be withdrawn, (e) The Commission shall conduct hearing to review the filed con.plaint. The heating shall be open to the public. A quorum of the Commission shall be Inesent. The coffq~leinant amy appear in person, by agent, or by attm-ney. All persons wisi~ing to appear befere the Commission shall have an oppm~eity to be heard regarding the ~*opleint. Minutes shall be kept of the peoceedlngs of the heating. (0 The Commission shall forward its recommendation, in writing, to the City Manager within t~n (10) working days following the hearing. (S) The City Munnger shall receive und review the recommendation of the Commission and shall respond to the complainant within ten (10) v,~rking days of the receipt of the recommandatlon. The Comn'dssion shell be advised of the (2) The recommendations of the Commission shall con~y with the regulations established by the Department of Housing and Urban Development for the Community Development Block Gmat Program under Tide I of the Housing and Community Develolm~nt Act of 1974, us amended, and the Code of Ordinances of the City of Dubeqac, lows. (3) If the onmplainant is unzatisfied with the response of the City Manager, an appeal may be made to the City Council, Such an appeal shall be filed, in writing, with the City Ciesh. City Hall - 50 West 13th Street, Dubuque, iow& The appeal shall be forwarded by the City Clerk to the City Council. The City Counell may, at its dictation, hold a hearing to consider the concerns of the complainant. Upon the completion of their review of the al~, the City Council shall move m either (a) accept the response of the City Manage~, (b) me. fy the response of the City Mannge~; e~ (c) tatum tho co~pleint to the City Mannger for fiuther review. If the ontcome of such an appeal is unsmisfactmy, the complainant may file a wsitton appeal with the U.S. Deparuncnt of Housing and Urban Development (HUD). Se~. 15-$1, Organization. The Commission shall choose annually, at its first regular meeting of the fiscal year, one of its ir, umbers to act us chairperson, and another of its members to act ss vice- chahpe~on, to perform all of the duties of the cheiq~erson dining the cbeiq~son's absence or disability. The Commission shall adopt such talus and regulations governing its organization and pmcedus~ us it may be deemed necessary, conslstom with the following: (1) The Commission shall meet as necesse~ to fulfill the proposes for which the Commission wm oeated. (2) Members of the Commission shall attend at least two-thirds (2/3) of all regularly scheduled meetings within any twelve month period. If any member fails to attend such pres~ihed number of nm.tings, such failure shall constitoto grounds for the Commission to recommmd to the City Council that said member be replaced, Attendance of all members shall be entered in the n~nutus. (3) All meetings shall be held in accordance with the provisions of the Iowa Opan Meetings Law. (4) The Commission shell ~e with thc City Cietk a copy of the minutes of each regular and special meeting of the Cmmrdssion within ten (10) working days ·fter such mcotlng. Sec. 15-52, Peocedu~es for operation, The Commission shal~ operate in Regular Session, November 2, 1992 442 procedures set fo~h in the City's Community Block Grant (CDBG) pre. ram's Citizen Pardcipefion Plan. All administrative, personnel, accounting, budgetary and procurement policies of the City shall govern the Commission in ell its operations. Passed, approved and adopted this 2nd day of November, 1992. James E. Brady Mayor Mary A. Davis City Clerk Published officially in thc Tetegraph lterald newspaper this 10th day of November, 1992. Mary A. Davis CMC It 11/10 City Clerk Council Member Nagle moved dmt this be considered the second reading of thc Ordinance, and that thc lequiren~nt that a proposed Ordinance he considered and vo~l 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 Mcmher Kluesner, Carded by thc following vote: Yeas--Mayor Brady, Council Members Delch, Kluesncr, Kring, Nagle, Nicholson. Nays--None. Absent---Connci[ Member Voetherg. RESOLUTION NO. 342-92 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIl. OF THE CITY OF DUBUQUE, IOWA: That thc following having complied with the provisions of law reM/ting to the sale of Ciga~ttes within the City of Dubuque, Iowa, be granted a penrdt to sell Cigarettes and CigareRe papers within said City. Plaza "20" AMOCO Foodshop Melgrew Oil Company 2600 Dodge St. passed, approved and adopted this 2ad day of November, 1992. James E. Brady Mayor Mary A. Davis City Clerk Council Member Nagle moved adoption of thc R~olufion. Seconded by Council Member Klunsner. Carried by the following vote: Yeas--M~yor Brady, Council Members Deich, Kluesn~r, Kring, Nagle, Nicholson. Nays--None. Absent--Council Member V~therg. RESOLUTION NO. :M3-92 Where.~, applications for Beer Permits have been submitted nnd filed to this Council for apptovai and thc same have been examined and ap~ved; and Whereas, the pmnise~ to be oconpled by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to he issued the following named applicants a Beer Permit. CLASS "BE'* BEER PERMIT Hartig Drag Co. Hanig Drug Company 703 Town Clock Plaza CLASS "C" BEER PERMiT Ha~dg Drug Co. Sunday Sales Hartig Drug Co. Sunday Sales Hardg IMug Co. Sueday Sales Maigrew Oil Co, Hatdg Drug Company 157 Locust Ha~tig Drag Company 2255 J. F. K. tlardg Drug Company 2225 Central Ave Plaza 20 Amoco Foodshop Sunday Sales 2600 Dedge St. passed, approved and adopted this 2nd day of November, 1992. James E. Brady Mayor Attest: M~y A. Davis City Clerk Council Member Nagle moved adoption of rite Resolution. Seconded by Council Me~nber Kluesner. Carried by thc following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Kfic8, Naglc, Nicholson. Nays--None. Absent--Council Membe~ Voetberg. 443 Regular Session, November 2, 1992 RESOLUTION NO. 344-92 Whereas, applications for Liquor Licenses have been submitted to this Council for appl'ovai and the sam= have been examined and approved; and Whev~ms, the premisce to be occulied by such applicants were inspected and found to convply with thn State Law and all City Or~anncus relevant thereto and they have filed proper bonds. NOW, THERENORE, BE IT RESOLVED BY TI-I~ CITY COUNCIL OF *lite CITY OF DUBUQUE, IOWA: That the Manager be authmized to cause to be issued the following named applicants a Liquor Licensn. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE David L. Lyons River City Tap & Grill Sunday Sates 1406 Pine Sun's Corp Yen Chine Restaurant 926 Main Sam Chin Long Ynen Chlnesc Restaurant Sunday Sales 2600 Dodge St T & T Welsh, Inc. Finale Lounge Sunday Sales 1701 Central Passed, approved and adopted this ?ad day of November, 1992 James E. Brady Mayor Attest: Mmy A. Davis City Clerk Council Member Nngle moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesncr, Krlng, Nngle, Nicholsou. Nays~None, Absent--Council Member V~etber8. Two Twenty Five, Ltd. requesting to ~ransfer their liquor license from 225 W. 6th S~reet to CyCa~ Plaza on November 30, 1992, presented and read. Council Member Nagle moved that the h'ansfer be apl~oved. Seconded by Council Membs~ Kluesanr, Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nngle, Nicholson. Nays--None, Absent~-Cunncil Member Voetberg. MINUIES SUBMITrED - Civil Sen, ice Commisalou of 9-16 & 10-20;, Five Flags Commission of 10-26; Historic Preservation Commission of 10-14; Housing Code Board of Appeals of 10-7; Housing Commission of 10-13; Library Board of Trusteus of 10-22; Transit Trustee Board of 9-10, pl~sented and rend. Council Membe~ Nngle moved that the minutes be l, ecnived and filed. Seconded by Council Member Kluusner. Canded by the following vote: Yeas~Mayor Brady, Council Members Daich. Kluesner, Kfing, N&gle, Nicholson. Nays--None. Absout---Ceancil Member Voetberg. Printed Council Proceedings for months of November and December, 1991 for Council approval, presented and rend. Council Member Nagle moved that ~he proceedings be approved u printed. Seconded by Council Member Klnesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Klncsner, Kriag, Nngle, Nicholson. Nays--None. Absent---Council Member Vuntberg. NOTICES OF CLAIMS/SUITS -- Shams Clark in amount of $43.00 for personal injuries; Anna Duchr in unknown amount for personal injesies; Joseph W. Featherston in unknown an'mum for becked up sewer danmges; Louise Wozniak Lo,hz vs. City of Dubuque et al, in unknown amount for vmious discrimination charges; Sister Julia Luntkenhaus. OSF, tn amount thus far of $15,118.51 for personal injuries; Robert Simon in amount of $1,250.00 for property losses, p~sented and read. Council Member Nngle moved that the olsims and suits be sef~red to the Legal Staff for investigation and ~ Seconded by Council Member Kluesn~r. Canind by the following vote: Yeas--Mayor Brady, Council Members Deich, Klansner, Krieg, Nagle, Nicholaon. Nays--None, Absent--Council Member Voetberg. Communications of Corpora~ou Counsel advising following deltas have heen sefened to Iowa Communilius Asst~unce Pool; Car damage of Kelly Haiderscheit: Louise Woznink Lorenz cha~ges against City in Iowa District Court for Dubuque County; Personal injury of Mary K. Madigan; Property damage of James & Patdcia O'Briep; Property damage of Pusaterl Restaurant: Personal injm'y of Denise Scbeenberger Personal inju~ of Since Inse~ance; Property damage of Beverly Vamh preseoted and read. Cound] Member Nngle moved that the communications be received and filed. Seconded by Council Membo' Klansner. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesunr, Kring, Nngle, Regular Session, November 2, 1992 444 Nicholson. Nays--None. Absent-Council Member Voetberg. Communication of Corpemtion Counsel recommending settlement of following claims and directing Finance Director to issue proper checks: Car damage of Darwin Ku~th in amount of $26.50; Car damage of Kmen A. Feller in amount of $21.20 and C~r damage of Tim Biases in amount of $26.50, presented and read. Council Member Nagle moved that the settlement be approved and Finance Di~ctor to issue proper checks. Seconded by Council Member Kluesnes. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nngle, Nicholson. Nays--None. Absent--Counail Member Voetberg. Petition containing 38 signatures requesting enforcement of violations being made at Hank's Auto Repair at 2819 Pinard St. presented and ~ead. Council Member Naglo moved that the petition be refex~ed to the City Manager for investigation and report. Seconded by Council Member Kluusncr. Ca~ied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesncr, Krieg, Nagla, Nicholsou. Nays--None. Absent--Council Member Voetberg. October 26, 1992 Honorable Mayor and Members of the City Council In accordance with the provisions of Chapter 400, Cede of lowa, 1991 as amended, the Civil Service Commission conducted written examinadons for the position of Water Plant Operator on October 20, 1992. The following named individuals are on the first list to be certified for aplx~intment- Donald J. Chaplin Pete Eivins Steven T. Cox Richard S. Hillard Eric J. Winistorfer Gerald J. Roth Scott M. Brener Cad E. Stange Francis A. Kalb James G. Cashman James R. Lyon John W. Leppert We request the apr, ointment to he made from this list. Respectfully submiRed Robert M. Miller Chairperson Tom eawson Pat Dillon Civil Service Commission Council Member Nagle moved that the communication be received and filed and made a matter of record. Seconded by Council Member Kluesner. Canied by the following vole: Yeas--Mayor Brady, Council Members Deich, Klnesner, Kring, Nagle, Nicholson. Nays-None. Absent---Council Memher Voetberg. REFUND REQUESTED: Donald Bemboom, $75.00 on unexpired Cigm~tte License, presented and read. Council Member Nagle moved that file refund be approved and Finance Direcior to issue proper check. Seconded by Council Member Kluesner. Canted by the following vote: Yees--Mayor Brady, Council Members Deich, Klnesncr, Kfing, Nagle, Nicholsou. Nays--None. Absent~Junncli Member Voetberg. Marie Pusateri requesting permission to construct an awning/sign on Pusatefi's Restaurant at 2400 Cenlrai Ave., presented and read. Council Member Nngle moved that the petition he referred to City Manager and Staff. Seconded by Council Member Kluusncr. Carded by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesncr, Kfing, Nngle, Nicholsou. Nays--None. Absent--Council Member Voetberg. Communication of Acting City Manager submitting FY'92 City Enterlnlse Fund Audits, p~sented and read. Council Member Nngle moved that the communication be received and tiled. Seconded by Council Member Kluesner. Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesner, Kdng, Nagie, Nicholson. Nays--None. Absent--Council Member Vcetberg. Petition of Mike Remakel requesting an extension of lime of 150 days to provide necessary security required for plat of "Northwest Ridge" and communication of Acting City Manager recommending approval of requested 150 days extension for security reqciieA, presented and read. Council Member Naglo moved that the petition and communication be received and fried and recommendation app~ved. Seconded by Council Member Kidesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Kfieg, Nagie, Nicholsou. Nays None. Absent--Council Member Voetherg. 445 · Regular Session, November 2, 1992 RESOLUTION NO. 34~-92 A RESOLUTION RESCINDING RESOLUTION NO. 327-92 AND REAFIqRMING THE FINAL PLAT OF NORTHWEST RIDGE IN THE CITY OF DUBUQUE, IOWA. Who:r~, them has bee~ fled with the City Clerk a final plat of Northwest Ridge in the City of Dubuque, Iowa; and Whorezz, upon said final plat appems a street to be known as Remsburg Drive, together with certain public utility and sanitary and storm sewer ca~ments winch the Owners by said final plat have dedicated to the public forever; and Wbezeas, said final plat has been examined by the City Planner and said l/at is in suhotantlal conformance to the preliminary l/at for tho prope~y, the City of Dubuque Code of Ordinance and the Comprehensive Plan and had its approval endorsed thereon subject to the owners ag~eiag to the conditions noted in Section 3 below; and Whon~ts, said final plat has I:n~n examined by the City Counoll and they find that it confo*ms to the statutes and ordinances relating to it, cxc~pt that no stn~ts o~ public utilities have yet bc~n constructed or installed; and Whereas, the City Council concurs in the conditions of approval e~tablished by the City Planner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1, That Resolution No. 32%92 is hereby resdnded. Section 2. That the dad/cation of Rernsberg Drive, together with thc e~ements for public util/ties, sanita~ sewer, st/mn sewer and water mains as they appear upon said final plat, I~ and thc sam~ ar~ bemby accepted; and Section 3. That the plat of Northwest Ridge ia hcaeby approved and the Mayor and City Clerk arc hereby anthorized and directed to endorse tho approval of the City of Dubeqce, Iowa, upon said final I/at, provided the owners of said prop~ herein named, execute their written acceptance hereto attached ngmeinli: ' ~. To reduce Remsberg Drive to grade and to consUuct c~creto curb and 8utt~ and to hard surface with uplmlfic concrete, o~ with concrete paving with integral curb, all in accordance with the City of Dubuque standard specificefions~ all in a manner acceptable to the City Engineer and in conformance with construction improvement plans apla0OVed by the City Eagincer. b. To install sanitary sewer nmins and sower s~vicc laterals into e~h indlvidua] lot, water mains and water service laterals into each individual lot, stem sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with thc City of Dubeque standard spucificetions and in accordance with consuuction improvement plans approved by tho City Engineer, and inspuctad by the City Engineer. c. To constxuct said improvements, except sidewalks, prior to one year ftore the date of acceptance of this resolution, at the rain expense of the subdivider, as owner, or future owanr, To maintain the public improven~nts, except sidewalks, for u period of two (2) years from thc date of the acceptance of those improvan~nts by the City of Dubuque, Iowa, at the anle expunsc of tho subdivider, as owner, or future owner~ To construct sidewalks in accordance with thc reqalrement~ of Section 42- 24(e) of thc City Code, specifically: Sidewalk installation shall be thc responsibility of Ibc owner of the property abulfing the public fight-of- way. Tho responsibility shall extend to all successors, heirs and a~signecs. Sidewalk installation will not be ~uqui~d until thC developmont of the lot has been completed, except as rextdix'ed herein. In aparscly developed subdivisions, sidewalks on tievclop~d lots ~ not b~ reqvJ~ed unth 50% o£ th= loia api~owd by ti~ plat have hoan dcveioped. All vacant lots shall have sidewalks installed upon development of 80% o~flre lots alri~oved by the plat. Regular Session, November 2, 1992 446 And further provided that ~ald Michael and Mary Beth Remakei and Michael and Sally Bergmann, as owners of said property, shall secur~ the performance of the foregoing conditians provided in Section 3 by providing se~mity in such form and with such sttmfies as may ho acceptable to the City Manager of the City of Dubuque, Section 4. That in thc event thc owners shall fail to cxecu~ the acceptance and furaish the security provided in Section 3 hereof within one hundred fifty (150) days after the date of the Rasointion. thc provisions hereo~ shall be null and void and the acceptance o£ thc dedinatico and approval tho plat shall not ho e£fcctiv~. Passed, approved and adopted this 2nd day of November, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 345-92 We, thc undersigned, Michael and Ma~ Beth Remakel and Michael and Sally Bergmann, having read the terms and conditicns of thc Resolution No. 345-92 and being familiar with thc conditions thereof, hereby accept this same and ngm0 to the conditions required therein. Dated in Dubuque, Iowa this day of , 1993. ByM By/s/ By M By Is/ Council Member Nagle moved adoption of the Resolution. Seconded by Coune'fl Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Couneil Members Deich, Kluesner. Ksing, Nagle, Nicholson. Nays--None. Absent-~Coancil Member Voetberg. Communication of Acting City Manager the 1992 Sidewalk Repair Project //3 - Floodwall, presented and read. Council communication ho l~ceivcd and filed. Seconded by Council Member Kluesner. Yeas--Mayor Brady, Council Members Deich, Klnesner, Kriag, Naglc, Nicholson. Nays--None. Absent--Council Member Voetberg. RESOLUTION NO. 344-92 ACCEPTING IMPROVEMENT Whereas, the contract for thc 1992 Sidewalk Repair Project//3 - Flcodwail has been coml/eted and the City Manager has examined thc work and liled ins celfificate stating that the same has hoen convicted according to the terms of the contr~t, plans and specifloatioas and recommends it acceptance. NOW TItERE~ORE, BE IT RESOLVED BY TI~E CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That thc ~.commendafion of the City Manager ho approved and that said improvement be and the sawe ia hereby accepted, BE IT FURITIER RESOLVED that the City Treasurer ho and he is hereby directed to pay to the contractor from the Local Option Sales Tax Fund in amount equal to the amount of his contract, less any retained percentage provided for the~in. Passed, approved and adopted this 2nd day of November, 1992. James E, Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Memlyers Deich, Kluesner, Kncg, Naglc, Ninholaon. Nays--None. Absent---Council Member Vcetherg. REqOI,UTION NO. 347-92 FINAl, ESTIMATE Whereas, the con~'act for the 1992 SidewaLk Relxa/r Project #3 - Floodwall has been completed and the City Engineer h~ submitted his final estimate showing rite cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; Board of Health, November 16, 1992 448 447 Regular Session, November 2, 1992 NOW 'FI~Ri~ORE, Bi{ IT RESOLVED Aplxoved 1993. BY Ti~ CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Adopted~ J-9~93. improvement is be~uby dater~ned to be $38,113.80 mad Ibe said imount sladl be !Mid from the Local Opfiou S~les Tax Fund of the Ciiy of Dubuque, low~. Y Passed, approved and adopted this 2nd day of November, 1992. {ames F. Brady Attest: iay~ Mary A. Davis City Clerk Council Member Naglo moved adoption of the Re. solution. Seoonded by Counoil Member Kluesr~r. Canied by tho following vote: Yeas---Mayor Brady, Council Council Members Members Deich, Kluesner, Krieg, Nagle, Nioholson. Nays--None. Abaunt---CouneB Attest: Member Voetberg. The~ being no further bminess. Council Mem~a' Nagle moved to adjourn the ~2ByClerk meeting. Seconded by Council Member Kluosner. Carried by the following vo~: Yea~--Mayor Brady, Cmmcll Members Deioh, Klnesne~, Krlog, Nagle, Niehol~on, Nays--None. Absent--Council Member Voetber8. M~ting adjourned at 9:05 p,m. M~'y A. Davis CMC City Clerk CITY OF DUBUQUE BOARD OF HEALTH QUARTERLY MEETING Special Session, November 16, 1992. Board met at 7:25 p,m., Public Library Auditorium. Present: Chalqoerson Brady, Board Members Dcich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Chairperson Brady read the call and stated this is a Special Session of the Board of Health called for the purpose to act upon such business which may properly come before the Board. Communication of Acting City Manager requesting the Board of ltealth authorize its Cbalrperson to sign the Iuterageney Agreement between the Iowa Department of Public Health and the City of Dubuque Board of Health for the inspection and enforcement of swimming pool and spa rules in Dubuque County, presented aud read. Board Member Krieg moved that tho conwaunication be received and Bled and agreement approved. Seconded by Board Member Nagle. Canied by the following vote: Yeas~bairperson Brady, Board Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays---None. There being no further business, Board Member Voetberg moved to adjourn. Seconded by Board Member Nagle. Carried by tho following vote: Yeas..~Chairperson Brady, Board Members Deich, Kluesner, Krleg, Nagle, Nicholson, Voetberg. Nays---None. Tile meeting adjourned at 7:30 p.m. Mary A. Davis CMC Secretary, Board et lleMth Bo~d Membem Attest: Secr~.t&y, Board of llealth 449 Regular Session, November 16, 1992 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, November 16, 1992. Council met at 7:30 p.m., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Khiesner, Krieg, Nagle, Nichol~on, Voetberg, Acting City Maunget Stephani Johnson, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is die Regular Session of the City Council called for the purpose to act upon such business which may properly come before thc Council. Invocation was given by Paztor George Bauman of Holy Trinity Lutheran Chumh. Council Member Voetberg gave an orul presentation on his trip to China and also requesting Mayor be authorized to fo;ward a communication to Governor Terry Branstad endorsing relationship between Handan City of P.R. China, upon concurrence executed intention on the friendly cooperation and exchange between Handan City of P.R. of China and City of Dubuque, USA and further encouraged Governor Bransted to attend China in 1993, 10th Anniversary of Association with China. Council Member Kluesner moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Council Member Vcetherg. Carded by the following vote: Yeas--Mayor Brady, Council Members Dnich, Klnesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Proof of Publication certified to by the Publisher on Notice of continued Adjourned Public Hearing from October 21, 1991 to t~classify properties at 1105-1155 Lores Boulevard, presented and read. Council Member Krieg moved that this matter be removed from the table. Seconded by Council Member Nagle~ Carried by the foliowing vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Krieg, Naghi, Nicholson, Voetberg. Nays--None. Council Member Kfieg moved that the proof of publication be received and filed. Seconded by Council Member Nagln, Canled by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kfieg, Nagla, Nicholson, Voetberg. Nays--None. An Ordinance amending Code of Ordinances by reclassifying properties at I105-1155 I.oras Boulevard from C-1 Neighborhood Commerdal District to C-2 Neighborhood Shopping Center District, said Ordinance denied by the Zoning Commission at their meeting held in August, 1991 but given first reading on September 16, 1991, presented for further action, Counnil Member Krieg moved that they concur with Zoning Commission to deny the rezoning. Seconded by Council Member Nagle. No Council Member Nagle moved to reject the Zoning's denial aad grant zoning as requested to C-2 classification, and further moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council me,tings 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 Kluesner. Carried by die following vote: Yeas,--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Naghi, Nicholsun, Voetberg. Nays--None. (OFFICIAL PUBLICATION) ORDINANCE NO. 84-92 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, OF THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1105-1155 LORAS BOULEVARD, FROM C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DLRT~ 1( yr. NOW THERF~ORE, B~iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of tho City of Dubuque, Iowa be amended Regular Session, November 16, 1992 450 by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa to reclassify hereinafter described property from C-1 Neighborhood Comraerciul District to C-2 Neighborhood Shopping Center Disffict, to wit: Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 16, Lot 1 of Lot 2 of Lot 2 of Lot 1 of LOt 1 of LOt 16, Lot 2 of Lot 1 of Lot 2 of Lot I of Lot 1 of Lot 16, Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 16, and the East 55 feet of Lot 2 of Lot 2 of Lot I of Lot 16, all in Mount Pleasant Addition to the City of Dubuque, Iowa, and extending to the center line of the abutting public right-of-way. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of November, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of November, 1992. Mary A. Davis CMC It 11/23 City Clerk An Ordinance amending Zoning Ordinance by adopting Bulk Regulations for the Table Mound Mobile Home Park PR Planned Residential District West of Rockdale Road in the City of Dubuque, Iowa, said Ordinance given first & second reading at meeting of 9-14-92 and tabled at meeting of 10-19-92, presented for further action. (This Ordinance denied by Zoning Commission). Council Member Voetberg moved to remove this item from the table. Seconded by Council Member Klnesner. Canled by the following vote: Yeas~Mayor Brady, Council Memhers Dcich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. (OFFICIAL PUBLICATION) ORDINANCE NO, 85-92 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 BULK REGULATIONS FOR THE TABLE MOUND MOBILE HOME PARK PR PLANNED RESIDENTIAL DISTRICT WEST OF ROCKDALE ROAD IN THE CITY OF DUBUQUE, IOWA. Wbemas, Table Mound Mobile Hon~ Park hez filed an application for approval of an amended conceptual development plan for hereinafter described property in accordance with provisions of the PR Planned Residential District regulations as set forth in Section 3-1.6 of the Code of Ordinances, Appendix A thereof, of die City of Dubuque, Iowa; and Whereas, the Zoning Commission and City Council have held a public hearing on said application for an amended conceptual development plan pursuant m required published notice; and Whereas, the Zoning Commission and City Council have approved said amended conceptual development plan subject to specific conditions and restrictions having found that said plan conforms with the review standards appliembhi to such plans as set forth in Section 3-1.6D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa. NOW TtlEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordinances of the City of Dubuque, Iowa, be amended by ~evising Appendix A thereof, also known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, by adopting and approving the amended conceptual development plan for the followlng described property, to wit: Lot2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Annie Waller Subdivision No. 2 in the City of Dubuque, Iowa, and extending to the center line of any abutting public right-of-way. Section 2. That in order m accomplish the purposes of the PR Planned Residential Districh and tho Zoning Ordinance of the City of Dubuque, Iowa, the use and improvement of the hereinabeve described PR Planned Residential District shall be subject to the amended conceptual development plan with the following conditions and res~ctiuns: 451 Regular Session, November 16, 1992 The following ragalafion~ shall apply to all uses made of land in the above described PR Planned Residential District. 1) Tbe pelnciple permltted usc shnil be limited to mobile home perk/subdivision as permitted by Section 3-1.6B of the Zoning Ordinance of the City of Dubuque, Iow$. 2) Accesscxy uses shall be limited to any uso customarily incidental and subordinate to the principle 3) No contingency uses will be allowed. The bulk regulations in this particular PR Planned Residential District shall be as follows: Lot Area 5,000 sq. ft Lot Frontage 50 ft. Lot Coverage ~s % Lot Ama 40% Setbacks: Front 10 ft. Side 6 ft~ Rear 8 ft. Building Height 20 ft. Accessory detached garages or carports shall be a minimum of 20 feet from die front property line when accessing the street. C. Parkin Re uirements Tho following regulations shall apply to all perking areas in the above described PR Planned Residential District: 1) The off-street parking requirements for the Ininciple permitted use shall be two (2) spaces/dwelling un/t. The sign regulations in this particular PR Planned Residential Dis~'ict shall be the same as that which is allowed in the R-4 Multi-Family Residential District as estahlisbed in Section 4- 3.11 Schedule of Sign Regulations of die Zoning Ordinance of the City of Dubuque, low~. E. Site Devoiop__ment Standards The site development standards for this PR Planned Residential Distdct shall bo as follows: l) All outside rubbish, storage and garbage collection areas shall be permanently screened from view to a height of at least six (6) feet, as set forth in Section 4- 4.6(3) of the Zoning Ordinance of the City of Dubuque, Iowa, 2) All utility transmission systems shall be placed under ground. 3) Adequate illumination shall be provided to sireets, sidewalks, and all mas for vehicular and pedestrian circulation, and shall be directed so as not to interfere with the use and enjoyment of adjacent properties. F. Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be established in conformanc~ with the standards of Section 3-1.6D of the Zoning Ordinance of the City of Dubuque, Iowa. Transfer of Ownershi~ Transfer of ownersMp or lease of property in this PR Planned Residential District shall include in Planned Residential District shall be maintained as paved, private streets. ~n accordance with the City of Dubuque specifications by the property owner andlor assoulafion. If not so malnta/ned, the City of of the property owner and/or Section 3. No consiruction may teke place except in substantial conformance with this amended conceptual development plan. Regular Session, November 16, 1992 452 Passed, approved and adopted this 16th day of November, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph HeraM newspaper this 23rd day of November, 1992. Mary A. Davis CMC It 11/23 City Clerk Council Member Voetberg moved that this be considered the third reading of the or'dinance and final adoption. Secoedcd by Council Member Delch. Carried by the following vote: Yeas Mayor Brady, Council Members Delch, Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays---None. Proof of Publication certified to by die Publisher on Notice of Public Hearing to consider reclassifying property at 1818 Asbury Road from R-I to R-2 District, presented and read. Council Member Nicholson moved that the proof of publication be medived and filed. Seconded by Council Member Kluesner. Canied by the following vote: Yeas -Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Al Hughes, attorney for Michael and Theresa Hesselmml, submitted a petition containing 17 signatures supperting the request to rezone. An Ordinance amending Zoning Ordinance by reulasslfying property located at 1818 Asbury Road fi'om R-1 Single- Family Residential District to R-2 Two- Family Residential District, first reading oniy given at meeting of 11)-19-92, (denied by Zoulng Commission), presented for furdier action. (OFFICIAL PUBLICATION) ORDINANCE NO. 86-92 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1818 ASBURY ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT. NOW THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TIIE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of tile City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the Zoning Ordinance of tile City of Dubuque, Iowa, to reclassify hereinaficr described property from R-1 Single-Family Residential District to R-2 Two-Family Residential District, to wit: Lot I of the Subdivision of Lot 13 of Finiey's Addition and to tho center line of the adjoining public right-of-way all in the City of Dubuque, Iowa. Section 2, 'llmt the foregoing amendreent has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Passed, approved and atiopted this 16th day of November, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph lterald newspaper this 23rd day of November, 1992. Mary A. Davis CMC It 11/23 City Clerk Council Member Deich moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings lx4or to the meeting at which it is to be finally edopted be suspended and further moved final adoption of the Ordinance. Seconded by Counoll Member Nicholson. Carried by the following vote: Ye~--Mayor Brady, Commil Members Deich, Khiesner, Krieg. Nagle, Nicholson, Voetberg. Nays--None. Proof of publication certified to by the Publisher on Notice of Meeting of the Council on the matter of the proposed authorization of a Loan mad Disbursement Agreement and the issuance of not to exceed $5,000,000 Sewer Revenue Capital Loan Notes, and the Public tlearlng on the authorization and issuance thereof and communication of Acting City Manager requesting Council to conduct public heating on the matter and then to adjourn and defer action on the Resolution and the proposal to institute proceedings to the meeting to be held on December 7, 1992 and a Resolution I lllll Regular Session, November 16, 1992 Auo.,ey Wayne Normam Jr., requested deferrment of action. Paul Schuirz, 1008 Victoria, stated that a citizens' group should be involved for health and safety r~sois CounciI Member Voetberg moved that the proof and communication be received and Bled and Resolution deferred to the Council Meeting of 12-7-92. Seconded by Council M~mber N~gte, Carried by the fvltu-~'ing Comncli recessed at 8:56 p,m.; Council reconvened at 9:15 p.m. BOARDS AND COMMISSIONS: Plumbing Board: One unexpired term which will expire 11- 2-93 for a Master Plumb~ (term,, of A, Bracke0. Applicmtts: Leonard Rhornberg. Council Member Kluesner moved that Leonard gh~mbea-g be appointed to fill the unexpired term on the Plumbing Board which wilt expire 11-2-93. Seconded by Council Member Naghi. Carried by the renewing vote: Ye~--Mayor Brady; Council Members Dcich, Kluesner, Krleg, Nagle, Nicholson, Voetberg. Nays--None. Zoning Board of Adjustment: One unexpired term which will expire 3-25-95 (term of T. Duggan). Applicants: Jim Corbett, Richard D. Stein, C. Jane Ucinor. Vote on the appointment was as follows: Mayor Brady voted for CorbeR. Council Member Dcich voted for Uciner. Council Member Kluesner voted for Uelner. Council Member Krieg vo~d for Uelner. Council Member Nagle voted for Stein. Council Member Nicholson voted for Stein. Couan'd Member Voetberg voted for Uelnor. Therefore Jayne Uelner be appointed to tho Zoning Board of Adjustment to 'Fill an unexpired term which will expire 3-25-95. Petition of 31 residents of Woodland Arms requesting consideration be given to eliminate parking on both sides of tho streets one block we~t on Keyway Dr. from Kennedy Road to Woodland Drive and one block on Woodland Drive from Keyway to Foothill Road, pre~ented and re, ad. Betty McCormicK 2160 Woodland Dr., spoke to the petition requesting consideration of following vote: Yeas, Mayor Brady, Coancil Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. An Ordinmme amending ti~e Code of Ordinances by adding new intersections tu subsection (bi of Section 32-214 thereof providing for the addition of Stap Signs at the intersections of Marion Street, Concord libel r~ading given ou 10 i9 92 and second rcadlng on 11-2-92, pre~ented fu~ ~nai action. (OFFICIAL PUBLiCATiON) ORDINANCE NO, 87-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE~ IOWA BY ADDING NEW INTERSECTIONS TO SUBSECTION (bi OF SECTION 214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS AT THE INTERSECTIONS OE MARION STREET, CONCORD STREET~ CONCORD COURT, AND STETMORE STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of th~ City of Dubuque, Iowa be amended by adding the following intersections to Subsection (bi of Section 32-214 thereof as follows: "Sec. 32-214. S~. (bi *** NORTItBOUND AND SOUTHBOUND Concord Street and Marion S~eet. EASTBOUND Concord Court and Marion Street. 'WESTBOUND Stetmom Street and Marion Street. Passed, approved and adopted this 16th day of November, 1992. Mary A. Davis City Clerk James E. Brady Mayor 1- L Regular Sesslo., November 16, 1992 Communicauon oi Acang City Manager received and filed. Seconded by Council Deich, Kiuesner, Knot, Nagle, Nicholson. An Ordinm~ce repealing .%title IV el Chapter 33 of the CSty of Dubuque Cede of Ordinances regulating noises, alld ~li)pt~llg (OFFICIAL PUBLICATION) ORDINANCE NO. 88-92 AN ORDINANCE REPEALING ARTICLE IV OF CHAPTER 33 OF THE CITY OF DUBUQUE CODE OF ORDINANCES REGULATING NOISF.% AND ADOPTING 1N NOW, 'I'HERF~FORE, BE l'l' ORDAINED BY 'ritE cYry COUNCIl. OF THE CITY OF DUBUQUE, IOWA: (3) Animals and fowl The kccpi.g sensibilities. (4) Loading, unloading, opening bores The creation of any loud and excessive noise in connection with (5) The creation of any loud and adjacent to any school, lnslimlxm of 453 Regular Session, November 16, 1992 Instituting proceedings to tak~ additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $5,000,000 Sewer Revenue Capital Loan Notes, presented and read. Attorney Wayne Norman, Ir., requested defernnent of action. Paul Sehditz, 1~08 Victoria, sated that a citizens' group should be involved for health and safety reasons. Council Member Voetberg moved that the proof and communication be received and filed and Resolution deferred to the Council Meeting of 12-7-92. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Naghi, Nichoison Voetberg. Nays--None. Council recessed at 8:56 p.m.; Council reconvened at 9:15 p.m. BOARDS AND COMMISSIONS: Plumbing Board: One unexpired term which will expire 11- 2-93 for a Master Plumber (term of A. Bracke0. Applicants: Leonard Rhomberg. Council Member Kluesner moved that Leonard Rhomberg be appointed to fill the unexpized term on thn Plumbing Board which wlil expire 11-2-93. Seconded by Council Member Nagie. Carded by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nagie, Nicholmn, Voetbe~g. Nays--None. Zoning Board of Adjustment: One unexpired term which will expire 3-25-95 (term of T. Duggan). Applicants: Bm Corbett, Richard D. Stein, C. Jane Udinar. Vote on tho appointment was as follows: Mayor Brady voted for Corbett. Council Member Delch voted for Uelner. Council Member Kluesner voted for Ueiner. Council Member Krieg voted for Uelner. Council Member Nagle voted for Stein. Council Member Nicholson voted for Stein. Council Member Voetberg voted for Ueiner. Therefore Iayne Ubincr be appointed to the Zoning Board of Adjustment to fdl an unexpixed term which will expire 3-25-95. Petition of 31 residents of Woodland Arms requesting consideration be given to eliminate parking on beth sides of the streets one block west on Keyway Dr. from Kennedy Road to Woodland Drive and one block on Woodland Drive from Keyway to Foothill Road, presenWal and read. Betty McCormick, 2160 Woodland Dr., spoke to the petition requesting consideration of parking for south side of Keyway and Woodland Dr. on West side. Council Member Voetberg moved that tho petition be received and flied and referred to the City Manager for investigation. Seconded by Counull Member Kinesnex. Carried by the following vote: Yeas--Mayor Brady, Cotmcil Members Deich, Kluesner, Krleg, Naghi, Niehoison, Voetberg. Nays--None. An Ordinance amending the Cede of Ordinances by adding new intersections to subsection (b) of Section 32-214 thereof providing for the addition of Stop Signs at the intersections of Marion Street, Concord Street, Concord Court, and Stetrnore Street, first reading given on 10-19-92 and second reading on 1D2-92, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 87-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING NEW INTERSECTIONS TO SUBSECTION (b) OF SECTION 32- 214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS AT THE INTERSECTIONS OF MARION STREET, CONCORD STREET, CONCORD COURT, AND STETMORE STREET NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding the following intersections to Subsection (b) of Section 32-214 thereof as follows: "sec. 32-214. St~ lntarsectinns. (b) *** NORTHBOUND AND SOUTHBOUND Concord Street and Marion Street. EASTBOUND Concord Coart and Marion Stscet. WESTBOUND Stetraore Street and Marion Street. Passed, approved and adopted this 16th day of November, 1992. Mary A. Davis City Clerk James B. Brady Mayor Regular Session, November 16, 1992 454 Published officially in the Telegraph tlerald newspaper this 23rd day of November, 1992. Mary A. Davis CMC It 11/23 City Clerk Council Member Nagle moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Nagie, Nichoison. Nays-42ouncil Members Krieg, Voetbevg. Communication of Acting City Manager submitting revision of the Noise Ordinance, presented and read. Council Member Voetbevg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nagle, Niehulson, Voetberg. Nays--None. An Ordinance repeuling Article IV of Chapter 33 of the City of Dubuque Cede of Ordinances regulating noises, and adopting in lieu thereof a new Article IV of Chapter 33, regulating noises and providing the procedure for variance peredits; repealing Artiehi IV of Chapter 32, Relating to Noise Control; and repealing Section 32-t11, relating to mufflers on motor vehicles, and adopting in lieu thareof a new Section 32- 111, relating to mufflers on motor vehicles, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 88-92 AN ORDINANCE REPEALING ARTICLE IV OF CHAPTER 33 OF THE CITY OF DUBUQUE CODE OF ORDINANCES REGULATING NOISES, AND ADOPTING IN LIEU THEREOF A NEW ARTICLE 1V OF CHAPTER 33, REGULATING NOISES AND PROVIDING THE PROCEDURE FOR VARIANCE PERMITS; REPEALING ARTICLE IV OF CHAPTER 32, RELATING TO NOISE CONTROL; AND REPEALING SECTION 32-111, RELATING TO MUFFLERS ON MOTOR VEHICLES, AND ADOPTING IN LIEU THEREOF A NEW SECTION 32-111, RELATING TO MUFELERS ON MOTOR VEHICLES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section l. Article IV of Chapter 33 of the City of Dubuque Cede of Ordinances (Sections 33-46 through 33-68) is hereby Section 2. The following new Article IV of Chapter 33 is hereby adopted: ARTICLE IV. NOISES Sec. 33-46, Prohibited noises. No person shall cause or permit any loud and excessive noise that results in annoyance or discomfort to a reasonable person of normal sensitivities. Without limiting or precluding enforcement of any other provision of this Article or this Cede. file following are hereby prohibited: (1) Horns, signaling devices, etc. The sounding of any hem or signaling device such a~ that on mxy automobile, motorcycle, bus or other velficle on any street or public place of the city, except as a danger warning, or the sounding of arty such device for an unnecessary and unreasonable period of time. (2) Crying of wares. The sale by outcry within any area of the city zoned for residential uses. Ilowever, this paragraph shMI not be construed to prohibit the s~iling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events, nor to prohibit the selling of newspapers by outcry. (3) Animals and fowl. The keeping off upon any premises, owned, occupied or controlled by any person, any animal or fowl otherwise permitted to be kept which, by any sound or cry, shall cause annoyance or discomfort to a reasonable person of normal sensihigfies. (4) Loading, unloading, opening boxes. The ereallon of any loud mid excessive noise in connection with loading or unloading any veificle or tile opening and destruction of bales, boxes, crates and containers. (5) Schools, courts, churches, hospitals. The creation of any loud and excessive noise on any street adjacent to any school, institution of learning, church or court while tile same is in use, or adjacent to any 455 Regular Session, November 16, 1992 hospital, which unreasonably intearferas with the workings of such institution, or which disturbs or unduly annoys patients in the hospital. (6) Construction or repair of buildings. The creation of any loud and excessive noise resuIting from erection, excavation, demolition, alteration or repair of any stmetare or building except between the hours of 7 a.m. and 8 p.m., Monday through Friday, and 9 a.m. and 6 p.m. on Sat~day and Sunday. (7) Pile drivers, hammers, etc. The operation of any pile driver, pneumatic hammer, derrick, power hoist or other construction equipment, except between the hours of 8 a.m. and 6 p.m., Monday through Friday, and 9 mm. and 6 p.m., Saturday and Sunday, and when so permitted, only if equipped with an effective muffling device. (8) Refuseorrecyclables collection. Thn collection of garbage, hash, mfu~e or recyclables in any area zoned residemial except between the hours of 6 a.m. and 9 p.m. of any day and, when so permitted, only in a manner SO a8 not to create a loud or (9) Vehicle repairs. The creation of loud and excessive noise resulting from the ~puir or rebuilding of any motor vehicle within any residential area of the city except between the hours of 9 a.m. and 9 p.n~ dally but only in such a manner ~hat a reasonable person of normal sensitivities residing in the area will not be caused discomfort or annoyance. (10) Exhausts. The discharge into the open air of the exhaust of any engine, including a steam engine, internal combustion engine, motor beat or motor vehicle or the disebexge of air ca' other gases except through a muffler or other device that will effectively prevent loud or explosive noises therefrom. (Il) Stationary machinery, equipment, and fans. The operation of any immobile machine, equipment, pump, fan, or similar mechanical device in any manner so as to create any loud and excessive noise. (12) Loud, unnecessary or unusual noise. Notwithsmuding any other provision of this Article or Code and in addition thereto, it shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary, or unusual noise in any park or othar public place or which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivities. Sec. 33-47. Unlawful Use of Buildings. No person owning or in possession of or in control of any building or premises shall use the same, peri. it the use of the same, or rent the same to be used by any business, employment or other use, or for any purpose of pleasure or recreation, if such use shhil, by the noise generated therefrom, disturb or interfere with the peace of the neighborhood in which such building or prentises is situated. Sec. 33-48. Exempt Noises. (1) Emergency operations. Emergency short-term operations that are necessary to protect the health and welfare of the citizens, such as emergency utility and streetrepalr, fallen tree removal or emergency fuel oil delivery, shall be exempt from the prohibition of Sec. 33-46, provided that reasonable steps shall be taken by those in charge of such operations to minimize noise emanating from the same. Noise required by law. The prohibition of Section 33-46 shall not apply to any noise required specifically by law for the protection or safety of people or property. (3) Powered equipment, such as lawn mowers, small lawn and garden tools, riding tractors and snow removal equipment that is necessm'y for the maintenance of property, if kept in good mpalr and maintenance, shall be exempt from the prohibition of Section 33-46. No person shall with the exception of snow removal Regular Session, November 16, 1992 456 (4) Residential air conditioners, Noise emitted by residential air conditioners shall be governed by Section 33-49. (5) Airplanes. Aircraft operations that are controlled specifically by federal law shall be exempt from the prohibition of this Article. (6) Disorderly conduct. Noise crea~ed by human behavior and generally considered to be disorderly conduct shall be exempt from the provisions of this chapter and regulated under sections 33-1 through 33-5 of this chapter. (7) Bells, chimes. Bells, chimes, and similar devices that signal the time of day and operate during the daytime hours for a duration of no longer than five (5) mluutes in any given one-hoar period shall be exempt from the prohihition of Sec. 33-46. Sec. 33-49. Residential air conditioners. No person shall install, operate or use any residential air conditioner, or combination of residential air coudifioners, that creates a loud and excessive noise level at a lot line of any dwelling unit located on any adjacent premises. Sec. 33-50. City contracts, contractors and subcontractors. It is the policy of thc city to comply with the noise st.'mdards, as set forth in this Article, in its own operations and the operations of its contractors and subcontractors. All contractors and subcontractors shall be required to comply with the provisions of this Article. Sec. 33-51. Enforcement. It shall be the duty of the City Manager or the City Manager's designee to enforce the provisions of this Article. Sec. 33-52. Variance Permits. (1) Variance permits may be issued, pursuant to the provisions of fltis Article, by the City Manager or the City Manager's designee from the noise prultibifions of this article. (2) A temporary variance permit may be issued upon request, provided tlmt the work producing such ndise is necessary to promote the public health and'or welfare and reasonable steps are taken to keep such noise at the lowest possible practical level. (3) A temporary variance permit may be issued for special events, such as circuses, Fourth of July celebrations and similar community events that are limited in duration and are generaRy acceptable to the peeple of the comnmnity; provided that precaodous are taken to maintain the noises produced at the lowest practical level. (4) Applications for tempormy variance permits shall be made in writing to the City Manager or the City Manager's designee and shall contain such information as requested by the City Manager or the City Manager's designee, including but not limited to the following: (a) Dates requested. (b) Time and place of operation. (e) Equipment and operation involved. (d) Necessity for such permit. (e) Steps to be taken to minimize noise, and (f) Name and telephone number of responsible person(s) who will be present at the operation site while the .oise is produced Section 3. Article IV of Chapter 32 of the City of Dubeque Code of Ordinances and specifically Sections 32-56 through 32- 61 are hereby repealed, Section 4. Section 32-111 of the City of Dubuque Code of Ordinances is hereby repeal~l and the fbllowing mw Section 32 111 is hereby adopted: 457 Regular Session, November 16, 1992 Sec. 32-111. Mufflers, prevention of Ewry motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive noise or annoying smoke. Notwithstanding the foregoing, no person shall use a muffler cutout, bypass or similar device upon a motor vehicle upon a street. Section 5. This Ordinance shall take effect immediately upon publication. Passed, approved and adopted this 16th day of November, 1992. lames E. Brady Mayor May A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of November. 1992. Mary A. Davis CMC It 11/23 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 Ordinauce. Seconded by Council Member Nagle. Carded by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesnor, Krlng, Nagle, Nicholson, Voetberg. Nays--None. Communication of Acting City Manager recommending to grant Midwest Gas permission to construct two observation wells within public right-of-way of Bissell Lane, presented and read. Council Member Kluesner moved that the communication be received and l'ded, Seconded by Council Member Voetberg. Carded by tho following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfing, Nngle, Nicholson, Voetberg. Nays--None. An Ordinance authorizing Midwest Oas/A division of Midwest Power Systems to construct two flush mount observation wells in Bissell Lane, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 89-92 AN ORDINANCE AUTHORIZING MIDWEST GAS, A DIVISION OF MIDWEST POWER SYSTEMS TO CONSTRUCT TWO FLUSH MOUNT OBSERVATION WELLS IN BISSELL LANE NOW TIIEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That Midwest Gas as lessers of the promises known as 351 Dodge Street, Dubuque, Iowa, and legally described as City Lots 585, 585A, 585B, 585C, and northerly 55 feet of City Lot 584 be and they are hereby granted the revocable permit and authority to construct and maintain two flush mount observation wells in Bissell Lane under the tern~ and conditions set for in this Ordinance. Section 2. That such constmedon shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expr~sly conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said observation wells; and Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said observation wells in Bissell Lane (2) sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of two observation wells in Bissell Lane (2) and to pay reasonable attorney fees therefor; and Regular Session, c. Indamaify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur az a result of or in connection with the location, installation, construction, malntanance and repair of the facility, work or improvement pelrnltted herein, Section 4. That the permission herein granted is expressly conditioned upon permlttees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, pennlttees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said flush mount observation wells in Bissell Lane (2) and in the event of their failure so to do, the City of Dubuque shail be authorized to remove said flush mount ob~ervadon wells (2) at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said flush mount observation wells (2). Section 5. That pormittees covenant and agree that the revocable permit herein granted does not consfiiute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, constmctlon, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Midwest Gas, a Division of Midwest Power Systems when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permlttees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permlttees' expense a copy of this Ordinance in the of Bce of thc Recorder in and for Dubuque County, lowa. November 16, 1992 458 passed, approved and adopted this 16th day of November, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEYrANCE OF ORDINANCE NO. 89-92 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 89-92 hereby, for then~elves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreen'~nts therein contained to be performed by pennlttees. By:/s/Robert R. Buschbom Tide: Environmental Project Mgr. Dated: 9/30/92 Published officially in the Telegraph Ilerald newspaper tids 23rd day of November, 1992. Mary A. Davis CMC It 11/23 City Clerk Council Member Kluesner 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 Ordluance. Seconded by Council Member Voetberg. Carried by the following vote: Ynas~Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nichoison, Voetberg. Nays~None. Communication of Acting City Manager approving request of Pusateri's Restaurant to constxuct a canopy at 2400 Central Avenue, presented and road. 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 Daich, Kluesner, Kfing, Nngle, Nichoison, Voetberg. Nays--None. An Ordinanc~ authorizing Pasatefi's Restaurant to construct aa Awning/Sign at 2400 Central Avenue, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 90-92 AN ORDINANCE AUTHORIZING PUSATERI'S RESTAURANT TO Regular Session, November 16, 1992 460 459 Regular Session, November 16, 1992 CONSTRUCT AN AWNING/SIGN AT/A00 CENTRAL AVENUE NOW TtlEREFORE, BE IT ORDAINBD BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That Gus Pusateri as owner of the prenfises known as 2400 Central Avenue, Dubuque Iowa be and they are hereby granted die revocable permit and authority to construct and maintain an awning/sign under the terms and conditions set for in this Ordinance. Section 2. That such constroction shall be done in accordance with plans heletofore submitted by pormittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with ail applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That tile permission herein granted is expressly conditioned on pemtittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said awning/sign; and b. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, maintenance of said awning/sign sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, awning/sign and to pay reasonable attorney fees therefor; and c. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to propm'ty of third persons, or for damage to any property of tho City of Dubuque which may occur as a ~esult of or in connection with the location, installation, construction, nmintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the light and privilege herein granted be rescinded or revoked by the City Council, permlttees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said awning/sign and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said awning/sign at permitteea' expense and dispose of thc same, and file permittee sludl have no claim against thc City or its agcets for damages resulting from thc removal of said awning/sign. Section 5. That porntittees covenant and agree that the revocable permit herein granted does not constitute m~ approval of the design, erection, location, construction, repair or maintenance of said facility and said permlttees beroby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permlttees arising out of or in any way connected with the lccafion, installation, construction, design, repair and maintenance of the facility heroin permitted. Section 6. This Ordinm~ce shall become effective and the rights hereunder accrue to pasateWs Restaurant when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by acceptance endorsed on this Ordinance. Section 7. Tbat the City Clerk be and she is authorized and directed to file at pennittees' expense a copy of ~fis Ordinance in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of November, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 90-92 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 90-92 hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By: M Gus Pusaani Title: Owner Dated: 11-18-92 Published officially in the Telegraph Herald newspape~ this 25th day of November, 1992. Mary A. Davis CMC It 11/25 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 bo suspended and further moved final adoption of the Ordinance. Seconded by Council Member Ninholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Communication of Acting City Manager submitting an ordinance providing for a two hour parking zone on the east side of Jackson Street between 1 lth & 12th Streets, presented and read. Council Member Voetherg moved that the eommanination be received and filed. Seconded by Council Member Nagin. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesner, Krieg, Nagin, Nicholson, Voetborg. NaysNone. An ordinance amending the Code of Ordinances by adding part of Jackson Sue. et to the Two Hour Time Zones designated in subsection (c) of Section 32-262 providing for Two Hour Parking, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 91.92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING PART OF JACKSON STREET TO THE TWO HOUR TIME ZONES DESIGNATED IN SUBSECTION (c) OF SECTION 32- 262 PROVIDING FOR TWO HOUR ?ARKING NOW, TIIEREFORE, BE 1T ORDAINED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting Jackson Street from Subsection (c) of Section 32-262 thereof as follows: See. 32-262. ~ str~ons thereof. (c) Tira~ zones designated. Two tloor Time Zones Jackson Street, west side, from one hundred forty (140) feet north of East Tenth Street to East Twelfth Street; both sides, from East Ninth Street to East Tenth Street. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Jackson Street to Subsection (c) of Section 32-262 thereof as follows: Sec. 32-262. Prohibited on desi hated s~ns thereof. (c) Time zones designated. Two Hour Time Zones Jackson Street, west side, from one hundred forty (140) feet north of East Tenth Street te East Eleventh Street; both sides from East Ninth Street to East Tenth Street and from East Eleventh Street to East Twelfth Street. passed, approved and adopted this 16th day of November, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of November, 1992. Mary A. Davis CMC It 11/23 City Clerk An Ordinance amending Code of Ordinances by deleting pints of East 12th Street from subsection (d) of Section 32-262 thereof providing for the prohibiting of Regular Session, November 16, 1992 462 461 Regular Session, November 16, 1992 parking and by adding parts of West 12th Street to subsection (d) of Section 32-252 tbex~of providing for the prohibiting of parking, pl~untod and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 92-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING PARTS OF EAST TWELFTH STREET FROM SUBSECTION (d) OF SECTION 32- 262 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING AND BY ADDING PARTS OF WEST TWELFTH STREET TO SUBSECTION (d) OF SECTION 32- 262 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting Bnst Twelfth Street and West Twelfth Street from Subsection (d) of Section 32-262 thareof as follows: "Sec. 32-262. Prohibited on D~ Streets ac ~ns~ (d) No-parkiag-ut-uny-firr~ designated zones Twelfth Street, East, south sade, from Jackson Street to Elm Street. Twelfth Street, West, nacth and east sides, from Bluff Street to Grove Terrace, south side, from Bluff Street to a point approximately eno hundred sixty (160) feet west of Bluff Street; north sade from Central Avenue to Main Street. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding West Twelfth Street to Subsection (d) of Section 32-262 the~anf as follows: Twelfth Sleet, West, north and east sides from Bluff Street to Grove Ten'ace, south side, from Bluff Street to a point approximately one hundred saxty (160) feet west of Bluff Street;, north side from White Street to Main Street Passed, approved and adopted this 16th day of November, 1992. Jare~s E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of November, 1992. Mary A. Davis CMC It 11/23 City Clerk Council Member Voetberg moved that this be consademd the first reading of thc Ordinance, and that the requirement that a proposod Ordinance bo 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 fmlber moved final adoption of the Grdinunce~ Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klucsncr, Krieg, Nagle, Nicholson, Voetherg. Nays--None, Communication of Acting City Manager requesting Council's concurrence in the City's proposed 1993 Legislative Statements to be submitted to the League of Iowa Municipalities, presented and read. Council Member Krieg moved that the communication be received and filed and authorized submission to the League on behalf of the City and further added objections to the Gift Law and also that gambling lin~ts be reviewed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas---Mayor Brady, Council Members Klunsner, Krieg, Nag!e, Nicholson, Voctberg. Nays--Council Member Deich. RESOLUTION NO. 348-92 Whereas, applications fac Be~r Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE rf RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That file Manager be authorized to cause to be issued the following named applicants a Boer Permit. CLASS "C" BEER PERMIT Rainbo Oil Co. KWIK Stop Food Ma~ Sunday Sales 2297 University TFM Co. Oky Doky # 6 Sunday Sales 1256 Iowa Street Passed, approved and adopted this 16th day of November, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor adoption of the Resolution. Seconded by Council Member Naglc. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kfiag, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 349-92 Whereas, applications for Liquor IAccnscs bevc beun submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thar'cto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the Manager be autho~zcd to cause to be issued the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Aragon Tap Aragon Tap Sunday Sales 1103 Iowa Ground Round, Inc. Ground Round Sunday Sales 50 I.F.K. Donna Rolting/Gary P. Pfeiler Donna's Dip Tap 1689 Elm Kahn Family Enterprises, Inc. Pasta O'Sheas Sunday Sales 395 W. 9th Passed, approved and adopted this 16th day of November, 1992. Attest: Mary A. Davis City Clerk Jam~s E. Brady Mayor Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Naglc. Carded by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kriag, Naghi, Nicholson, Voetberg. Nays--None. Communication of Zoning Commission advising of the approval to rezone properties on Corner of Asbory Road and Kennedy Road from C-2 and R-3 to C-3. presented and read. Council Member Voetberg moved that the communication be received and filed, Seconded by Council Member Carried by the following vote: yeas--Mayor Brady, Council Members Klunsner, Kfieg, Nagle, Nicholson, Voctberg. Nays.--Council Member Dcich. An Ordinance amending Zoning Ordinance by reclassifying properties located at 3385, 3333, 3305, 3350 and 3330 Asbury Road and 2120, 2140, 2200, 2260, 2300 and 2255 Kennedy Road from C-2 Ncighberhood Shopping Center District to C-3 General Commercial Dis~ct and reclassifying 2180 Kennedy Road from R-3 Moderate Density Malti-Family Residential District to C-3 General Commercial District~ presented and reed. Courier Member Voutberg moved that this be eonsadared the first ~ading of the Ordinance, and that the requirement that a : 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 Hearlag be held on fl~e Proposed Ordinance on the ?th day of December, 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: yeas--Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays---Council Member Deich. Communication of Zoning Commission advising of their approval to rezone property West of Freeway 61/151 from 4th Street to Jones and East of Locust from LI to C-4 District, presented and read. Council 463 Regular Session, November 16, 1992 Member Voetberg moved that the communicagon be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members De. ich, Kluesner, Kring, Nagle, Nicholson, Voatberg. Nays--None. An Ordiannce amending Zoning Ordinance by reclassifying property located West of Freeway 61/151 from 4th Street to Jones Street and East of Locust Seeet from LI Light Industrial Distriat to C-4 Downtown Commercial District, presented and reaui. Council Member Voetberg moved that this be considered the first toadlng 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 fasther moved that a Public Heating be held on the Proposed Ordinance on the 7th day of December, 1992 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish noilee in the manner prescribed by law. Seconded by Council Member Kleeseer. Carded by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Kring. Nngle, Nicholson, Voetberg. Nays--None. Communication of Zoning Commission advising of their approval to amend Section 5-3 of the Zouing Ordinance to allow Special Exceptions aa approved by the Zoning Board of Adjustment, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Nngle. Carried by tho following vote: Yeas~Council Members Deich, Kfieg, Nngle, Nicholson, Voerberg. Nays--Mayor Brady, Council Member Kluesner. An Ordinance amending Zoning Ordinance by adding a new Section 5-3.3(D) to allow Special Exceptions and adding a new Section 5-3.7 to establish procedm-e.a for granting Special Exceptions, presented and read. Council Member Kring moved that this be eoasidared~ the first xeadlng of tho Ordinance, and that the requirement that a proposed Ordiannee be conaidetod and voted on for passage at two Coundl meetings prior to thc meeting at which it ia to be finally adopted be suspended and ftmber moved that a Public Hearing be held on the Pn)posed Ordinance on the 7th day of December, 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 Nagle. Vote on the motion was as follows: yeas-Council Members Duich, Krieg, Nngle, Nicholsoni Voerberg. Nays--Mayor Brady, Counuil Member Kluesner. Motion failed due to lack of 3/4 vote. Council Member Krieg moved that this be considered thc first reading only of the Ordinance and that it be sot for Public Hearing on 12-7-92 at 7:30 p.m. in thc Public Libraxy Auditorium and that thc City Clerk publish noilee in the manner )reacfibed by law, Seconded by Council Member Nagle. Canied bythe following vote: Yeas--Mayor Brady, Council Members Kleesner, Krieg, Nagle, Nicholson, Voetberg. Nays--Council Member Duich. Communication of Zonhlg Commission advising of their approval to amend the Sign Regulations in Warren Plaza PC District, presented and read. Council Member Kluesner moved that the communication be received and £iled. Seconded by Council Member Nicholson. Carded by the following vote: Yeas-Mayor Brady, Council Members Dcich,. Kleesner, Kfieg, Nagle, Nicholson, Voetherg. Nays--None. An Ordinance providing for the amendment of Ordinance No. 43-91 which ordinance amended the PC Planned Commcruial District for War~en Plaza, presented and read. Council Member Klucsner moved that this be considered thc first reading of tho Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Counuil meetings prior to tho meeting at which it is to be finally adopted be suspended and further moved that a Public Heating be held on the Proposed Ordinance on the 7th day of December, 1992 at 7:30 ).n~ in tho Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Carri ~ed by the following vote: Yeas--Mayor ' Brady, Council Members Duich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. MINUTES SUBMITTED -- Historic Preservation Commission of 10-28; Housing Cede Appeals: Board of 10-20; Human Rights Commission of 10-12; Long Range Planning Commission of 10-21; Park & Recreation Commission of 10-13 & 10-27, presented and read. Council Member Voctbcrg moved that the minutes be received and filed,. Seconded by Council Member Naglc. Carded by the following vote: Yeas--Mayor Brady, Council Members Duich, Kluesner, Krieg, Nnglc, Nicholson, Voetberg. Nays--None. Regular Session, NOTICES OF CLAIMS/SUITS -- Don)thy Augustin in unknown amount for personal injuries; Iuiie Davis vs. City of Dubuque et al in unknown amount for persoanl injuries; Alice M. Jack in amount of $58.85 for personal injuries; Dolores C. Petralds vs. City of Dubuque in unknown amount for personalinjuries; t firomi Yamada in unknowo amount for auto damages, presented and toad. Council Member Voetbevg moved that the claims and suits be referred to thc Legal Staff for investigation and report. Seconded by Council Member Nagle. Carried by file following vote: Yeas--Mayor Brady, Council Members Delch, Klucsncr, Krieg, Nagle, Nichdison, Voetberg. Nays--None. Communications of Corporation Counsel advising of rcfencal of following claims to Crawford & Company, thc agent for thc Iowa Cormnunifies Assurance pool: personal injm'y for Ms. Shams Clark by SISCO Insurance; Personui injury for Ms. Anna Duehr by SISCO Insurance; property damage of Joseph Featherston; Personal injury of Sister Julia Luethenhaus, O.S.F,, presented and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Nngle. Carded by the following vote: yeas--Mayor Brady, Council Members Dcich, Kluesner, Kfieg, Nagle, Nieholson, Voetberg. Nays--None. Communications of Corporation Counsel recommending following aluims shouid be administratively closed as they have been referred to various other insurance comptofies; Car damage of Mrs. W. Heberluin; Car damage of Shawna Sehroeder and property damage of Robert Simon presented and read. Council Member Voctberg moved that the communications be received and filed and recommendations approved. Secoaded by Council Member Na~Ie. Car~ied by the following vote: yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. proof of Publication certified to by the Publisher on Notice of List of Claims paid for the month of September, 1992, presented and mad. Com~uil Member Veetberg moved that file proof of publication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: yeas--Mayor Brady, Council Members Dcich, Kluesner, Kring, Nngle, Nicholson, Voetberg. Nays--None. November 16, 1992 464 Communication of Robert C. Stelnmann and Bruce McCann, adjoining lot owners, going on record, requesting Council to deny the request of Mr. Richard Schultz to vacate the lot at Cleveland and Pear between Cleveland and Oak, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Brady, Council Members Duich, Kluesner, Kring, Nngle, Nieholson, Voetberg. Nays--None. Petition of Ron Smith requesting extension of 75 days to provide necessary security required with approval of final plat of Lores Estates and communication of Acting City Manager recommending Council approve request of Mr. Ron Smith, presented and read. Council Member Voetberg moved that the petition and communication be received and filed and recommendation approved. Seconded by Council Member Nngle. Carried by the following vote: yeas--Mayor Brady, Council Members Duich, Kluesnar, Krieg, Nagle, Nicholson, Voetberg. Nays--None. RF.,SOLUTION NO. 350-92 A RESOLUTION RESCINDING RESOLUTION NO. 336-92 AND REAFFIRMING THE FINAL PLAT OF LORAS ESTATES IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lores Estates in the City of Dubuque, Iowa; and Whereas, upon said final plat appear certain public utility easement which the Owner, by said final plat, has dedicated to the public forever;, and Whereas, upon said final plat appears a certain private street to be owned by, aud maintained to City standards, at the sclc expense of the owner, Rou and Jan Smith, or successors as assigned; Whereas, said final plat has been examined by the Zoning Commission and had its approval endorsed thereon subject the owner(s) agreeing to the conditions noted in Sccbon 3 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 the drive grades have not been established nor all 465 Regular Session, driveways been bwught to grade and no~ all of the paving installed, 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 Resolution No. 336-92 is hereby resdnded. Section Z That the easements for public utilities, sewer, and water as they appear upon said final plat, be and the san~ are hereby accepted; and Section 3. That the final plat of Lotus Estates in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Chitk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execate their written acceptance hereto attached agreeing: a. To reduce Justin Lane to grade and to hard surface the street of Lotus Estates with bituminous concrete or with concrete paving, all in accordance with approved plans on file in the Office of the City Engineer, City of Dubuque, Iowa. b. To install smtitary sewer mains and sewer service laterals into each individual lei, water mains and water seawice laterals in~ each individual lot, storm sewers and catch basins, and erosion conuol devices all in accordance with the City of Dubuque standard specifications and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. c. To Frovide perpetual maintenance of all detention areas and erosion control devices at the sole expense of the owners, Ron and Jan Smith, or successors as assigned. d. To provide the foregoing construction and maintenance of all said improvements at the sole expense of the owners, Ron and Jan Smith, or his successor, as assigned. November 16, 1992 e. To consteuct said improvements within one year from the date of adoption of this resolution, by the City of Dubuque, Iowa. f. Sidewalks shall be provided adjoining the slrect. e. That all improvements of said property conform to the conceptual development plan of Loras Estates PR Planned Residential District or its amendments as approved by the Dubuque City Council by Ordinance 56-92. Section 4, That Rea and Jan Smith, as owner, shall secure the foregoing conditions by providing secmity in such form and with such surety that may be approved by the City Manager, the City of Dubuque, Iowa. Section 5. That in the event Ron and .lan Smith shall fail to execute the acceptance and furnish the security provided for in Section 3 within 75 days after the date of this resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval oftbe final plat shall not be effective. Passed, approved and adopted this 16th day of November, 1992. .lames E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 336-92 We. the undersigned. Ron and Jan Smith, having read the terms and conditions of the Re~olution No, 350-92 and being familiar with the conditions d~ereof, hereby accept this same and ngme to the conditions required therein. Dated in Dubuque, Iowa this day of , 1992. By (Not Signed) Ron Smith By (Not Signed) Jan Sn~fith Regular Session, Council Member Voetberg moved adoption of the Resolution, Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Brady, Coancil Members Deicb, Kluesner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. Tbere being no further business, Council Member Voetherg moved to adjourn the meeting. Seconded by Council Member Kinesner. Carried by the following vote: Ye&s--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagie, Nicholson, Voetberg. Nays--None. Meeting adjourned at 10:28 p.m. Mary A. Davis CMC City Clerk November 16, 1992 466 Approved__ ~ 1993. Adopted ~~. Mayor Council Members Attest: City Clerk 467 Special Session, November 20, 1992 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, November 20, 1992. Council met at 4:30 p.m. in Jerry Oldani's suite in Room g152 at the Clarion Hotel, 450 Main St. Present: Mayor Brady, Council Members galeg, Nagle, Nichuison, Voetberg, Acting City Manager Stephaui Johnson, Corporation Counsel Barry A. Lindciil. Absent at Roll Call: Council Member Kluesner. Absent: Council Member Deich. Mayor Brady read the call and stated this session is called for the purpose to begin the process regarding the interviews of Final Candidates for the position of City Manager for the City of Dubuque, IA. Council Member Klunsner entered the room at 4:48 p.m. Discussion was held with Jen)' Oldarfi of Jensen, Oldani & Cooper to begin the process regarding interviews of final candidates for the position of City Manager for the City of Dubuque, IA. Council Member Voetberg moved to recess this session to 7:30 a.m., Saturday, November 21, 1992. Seconded by Council Member Nicholson. Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Absent---Council Member Deieh. Meeting recessed at 5:14 p.m. Spoeiui Session, Reconvened at 7:41 a.m. November 21, 1992, Sprague Room in the Clarion Hotel. Mayor Brady announced this is a reconvened session of the Nov. 20, 1992 meeting called at 4:30 p.m. Present: Mayor Brady, Council Members Kluesner. Kfieg, Nagle, Nichuison, Voetberg, Randy Peck, Human Services Manager, Stephanl Johnson, Acting City Manager. Absent: Council Member Deich. Council received further information from Randy Peck and Mr. Oldani regarding interviews. At 7:58 a.m. Council Member Kluesner moved to recess this session to 12:00 noon, November 21, 1992. Seconded by Council Member Voetberg. Yeas--Mayor Brady, Council Members Kluesner, I~hieg, Naghi, Nicholson, Voetberg. Nays--None. Absent~ouncil Member Deich. Special Session Reconvened at 12:07 p,m. November 21, 1992 Spragu¢ Room in the Clarion Hotel. Mayor Brady announced this is a reeonvened session of the November 20. 1992 meeting eallad at 4:30 p.m. which was reconvened on November 21, 1992 at 7:41 a.m. and recessed at 7:58 p.m. Present: Mayor Brady, Council Members Kluesner, Kriag, Nagle, Nicholson, Voetberg, Acting City Manager Stephaal Johnson, Human Services Manager Randy Peck. Absent: Council Member Deioh. Council met with Mr. Oldani to discuss upcoming panel interviews. At 12:41 p.m. Council Member V~etherg moved to recess this session to 1:15 p.m. November 21, 1992. Seconded by Council Member Nicholann, Yeas--Mayor Brady, Council Members Kluesner, Krleg, Naghi, Nicholson, Voetberg. Nays--None. Absent--Council Member Deich. Special Session Reco0vened at 1:20 p.m., November 21, 1992, Sprfigue Roon% Clarion Hotel. Mayor Brady announced this is a reconvened session of the November 20, 1992 meeting called at 4:30 p.m., reconvened at 7:41 a.m. on November 21; recessed and reconvened at 12:07 p.m. on November 21. Present: Mayor Brady, Coaneil Members Klunsner, ICqeg, Nagle, Nicholson, Voetberg. Acting City Manager Stephadi Johnson. Absent--Council Member Deieh. Council Member Kfieg moved to go into Closed Session in accordance with the Code of Iowa Chapter 21.5(1)(a) to review or discuss records that are required or Special Session, November 20, 1992 468 authorized by state or federal law to be kept confidential; and Chapter 21.5(1) (i) To evaluate the professional competency of an individual wlmse appointment hiring, performance or discharge is being considered, when necessary to prevent needless and irreparable injury to that indlvidual's reputation, and those individuals have requested a C'losed Session. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kaieg, Nagle, Nichuison, Voetberg. Nays--None. Absent~Councll Member Deich. The foregoing being an affirmative vote of two- titirds of the members of die City Council or all of the members present, tile City Council held tbe Closed Session. Interviews were held with candidates for the position of City Manager for the City of Dubuque. 6:54 p.m. November 21, 1992, Council reconvened in Regular Session. Mayor announced the Council had narrowed their decision to two candidates and that a press release would be at the Clarion at 1:00 p.m. on Sunday (next day). There being no further business. Council Member Voetberg moved to adjourn. Seconded by Council Member Nicholson. Carried by the followiag vote: Yeas--Mayor Brady, Council Members Kluesner, Kriag, Nagle, Nicholson, Voetherg. Nays--None. Absent--Council Member Deich. (At Press Conference held on 1:00 p.m. November 22, 1992 it was announced that Michael C. Van Milllgen was appointed City Manager effective January 1, 1993). Mary A. Davis CMC City Clerk Council Members Attest: .// . ~ :/ . /~y Clerk