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1990 September Council Proceedings ,.,'" r ~ Regular Session, SeJ)!ember 4, 1990 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, September 4, 1990. Council Met at 7:30 p.m., Public Librooy Auditorium. Present: Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, City Manager W. Ken. neth Gearhart, Corporation Counsel Barry A. Lindahl. Absent at roll call: Council Member Voetberg. Mayor Brady read the call and stated this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Pastor Woody Allabough, Pastor of The Third Presbyterian Churcb. PROCLAMATIONS: September 9-15 as "YOUTH LEADERSHIP WEEK". September 13 as "D.A.R.E. DAY" re- ceived by Police Officer Steve Eastvedt. Mayor Brady swore in Council Member Loras Kluesner as Mayor Pro.Tem. Council Member Deich moved thet the rules be suspended to allow anyone pre- sent to address tbe Council if they so desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Nays-None. Absent-Council Member Voetberg. Proof of Publication, certified to by the Publisher, on Notice of Public Hearing to rezone property at 607-609 E. 22nd Street from R2A to C1 zoning. Petition contain. ing 157 signatures objecting to rezoning of property at 607.609 E. 22nd Street from R-2A to C-1 zoning; Petition of Parish CounciI of Sacred Heart Church reo questing City Council deny request to rezone property at 607-609 East 22nd Street, presented and read. Attorney Joe Bitter, representing Ray Fuller, addressed the Council and re- quested rezoning be granted. 483 Frank Miller, Jim Thill, Marcia Ham- mel, Elizabeth Baumhover, Fatber Neil Tobin, Jackie Neal and Mary Ann Miller objected to rezoning as proposed. Council Memher Deich moved that the proof and petitions be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heck. mann, Kluesner, Nicholson, Pratt, Nays-None. Absent.Council Member Voetherg. An ORDINANCE Amending Zoning Ordinance by reclassifying property located at 607-609 E. 22nd Street from R2A Alternate Single Family Residential District to C1 Neighborhood Commercial District, presented and read. Council Member Voetberg entered the Chambers at 7:55 p.m. Council Member Voetberg moved that this Ordinance and Public Hearing be tabled until September 17, 1990. Second. ed by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Council recessed at 9:25 p.m. Council reconvened at 9:40 p.m. Proof of Publication, certified to by tbe Publisher, on Notice of Public Hearing to rezone property at 1660 Asbury Road from R1 and OR District to C2 Diatrict and communication of Anne Lanuner re- questing that property at 1660 Asbury Road be rezoned to C2, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publica. tion be received and filad. Seconded by Council Member Heckmann. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Amending Zoning Or- dinance by reclassifying property located at 1660 Asbury Road from R1 Single Family Residential and OR Office Residential District to C2 Neighborbood Shopping Center District, said Ordinance having been previously presented and read at the Council Meeting of August 20, 1990, presented for further action. Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Heckmann. Carried by tbe following vote: Yeas-Mayor Brady, Council MOmbers Deich, Heckmann, ,'< 484 Regular Session, Sep.tember 4, 1990 Kluesner, Nicholeon, Pratt, Voetberg. Nays-None. (OFFICIAL PUBLICATION) ORDINANCE NO. 69-90 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PRO. VIDING THAT THE CODE OF ORDINANCES, CITY OF DU. BUQUE IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, lOW A, BY RECLASSIFICA. TION OF HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1660 ASBURY ROAD FROM R1 SINGLE FAMILY RESIDENTIAL AND OR OFFICE RESIDENTIAL DISTRICT TO C2 NEIGHBOR- HOOD SHOPPING CENTER DISTRICT. NOW THEREFORE, BE IT O~ DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amend- ed by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from R1 Single Family Residential and OR Office Residential District to C2 Neighborhood Sbopping Center District to wit: Lot 4 of Finley's Addition to the City of Dubuque, and extending to the centerline of abutting right-of- way. Section 2. Thet the foregoing amend. ment has heretofore been approved by the Zoning Commission of the City of Du. buque, Iowa. passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 12th day of September, 1990. Mary A. Davis City Clerk It 9/12 Proof of Publication, certified to by tbe Publisher, on Notice of Public Hearing to consider amending Zoning Ordinance providing for a text amendment, presented and read. There were no written objections re- ceived and no oral objectors present at the time of the Hearing. Council Member Voetberg moved that the proof of publica- tion be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Amending Code of Or- dinances by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, by repealing references therein to "City Development Planner" and enacting in lieu thereof the reference "City Planner"; and by repeal- ing references therein to "Development Services", and enacting in lieu thereof the reference "Planning Services"; and by repealing references to "Planning and Zoning Commission" and "funning Com. mission" and enacting in lieu tbereof the reference "Zoning Commission"; and repealing references therein to "City Plan" and enacting in lieu thereof "Comprehen. sive Plan"; and by adding the reference therein to "Long Range Planning Com- mission", said Ordinance baYing been previously presented and read at the Council Meeting of August 20, 1990, presented for furtber action. Council Member Voetberg moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholeon, Pratt, Voetberg. Nays-None. (OFFICIAL PUBLICATION) ORDINANCE NO. 70-90 AN ORDINANCE AMENDING APPENDIX A, THE ZONING ORDINANCE OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY DE. LETING ALL REFERENCES THEREIN TO "CITY DEVEL- OPMENT PLANNER" AND SUBSTITUTING IN LIEU THEREOF "CITY PLANNER"; BY DELETING ALL REFER. ENCES THEREIN TO "DEVEL- OPMENT SERVICES", AND SUBSTITUTING IN LIEU THEREOF "PLANNING SER. VICES"; BY REFERENCES THEREIN TO "PLANNING AND ZONING COMMISSION" AND "PLANNING COMMIS. SION" AND ENACTING IN Regular Session, September 4, 1990 LIEU THEREOF THE REFER. ENCE "ZONING COMMIS. SION"; AND REPEALING REFERENCES THEREIN TO "CITY PLAN" AND ENACTING IN LIEU THEREOF "COM. PREHENSIVE PLAN"; AND BY ADDING THE REFER. ENCE THEREIN TO "LONG RANGE PLANNING COMMIS. SION." NOW, THEREFORE BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. Thet Appendix A of the Code of Ordinances of the City of Dubuque, Iowa, also known as the Zoning 0r- dinance, ia bereby amended as follows: a) By repealing references to "City Development Planner" at Sections 2.5.3(a), 3.1.6(D)(I)(bl, 3'1.6(D)(6), 3-3.8(D)(I)(b), 3-3.8(D)(61, 3-4.3(D)(II(bI, 3-4.3(D)(6), 3-5.2(DI(I)(bl, 3.5.2(D)(61, 4.2.6(C)(3I, 4-2.7[47], 4.4.3,7.3, and 8 [yard, special], and enacting in lieu tbereof "City Planner". bl By repealing references to "Development Services" at Sections 2.2.1, 3.1,6(DI(I)(al, 3'3.8(D)(I)(al, 3-4.3(D)(I)(a), 3'5.2(D)(1)(al, and 6-3.1, and enacting in lieu thereof" Planning Services". c) By repealing references to "Plan- ning and Zoning Conuniasion" at Sec. tiona 3-1.6(DI(2), 3.1.6(D)(4), 3.1.6(DI (71(b), 3'1.6(DI(7)(c), 3'1.6(D)(7)(e), 3.3.8(D)(2), 3-3.8(D)(4), 3-3.8(D)(7)(bl, 3-3.8(D)(7)(cl, 3.3.8(D)(71(e), 3-4.3(D)(2), 3'4.3(D)(4), 3-4.3(D)(7)(b), 3-4.3(D)(7)(c), 3'4.3(D)(7)(e), 3.5.2(D)(2), 3.5.2(D)(4), 3.5.2(D)(7)(b), 3-5.2(D)(7)(cl, 3.5.2(D) (7)(e), and 4'4.9, and enacting in lieu tbereof "Zoning Commission". d) By repealing references to "Plan. ning Commission" at Sections 3.1.6 (DX3I, 3-3.8(DX3I, 3-4.3{DX3), 3-5.2(DX3), 4.4.9,6-2.1,6-3.1, and enacting in lie(¡ thereof "Zoning Commission". e) By repealing references to "Com. mission" at Sectiona 6-1.4, 6-1.5, 6-2.1, 6.3.1, and 6-3.2, and enacting in lieu thereof "Zoning Commission". ~ By repealing references to "City I Plan" at Section 6-1.1, aodenactingin lieu thereof "Comprebensive Plan". g) By repealing references to "Plan- ning Conunission" at Section 6-1.1, and enacting in lieu thereof "Long Range Planning Commission." -~- 485 Section 2. Thet the foregoing amend. ment bas heretofore been reviewed by the Zoning Commission of the City of Du. buque, Iowa. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald this 12th day of September, 1990. Mooy A. Davis City Clerk It 9/12 Proof of Publication, certified to by the Publisber, on Notice of Public Hearing to vacate a portion of a 20 foot alley in the vicinity of Bodega Street and Adams Street and to consider disposing of said property to Jim & Joho Christensen and Fiscber Inc., presented and read. Tbere were no written objections receiv. ed and no oral objectors present at the time of the Hearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Heck. mann. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Vacating a portion of 20 foot wide alley lying East of the E.P.L. of Bodega Street and running East 115.82 feet, Bodega Street froro the N.P.L. of 5tb Street to the N.P.L. of ssid alley, Bodega Street from the S.W. comer of Lot 2 of Lot 8 Industrial Subdivision No.2 to tbe S.P.L. of 5th Street and Adams Street from tbe E.P.L. of Adams Street extend- ed Nortb to S.P.L. of 5th Street and the subdivision of Lot 11 of Industrial Sub- division No.2, said Ordinance having been previously presented and read at the Council Meeting of August 20, 1990, presented for furtber action. Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Heckmann. Carried by the following vote: Yeas-Mayor Brady, Council Members Deicb, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. (OFFICIAL PUBLICATION) ORDINANCE NO. 71.90 ORDINANCE VACATING A PORTION OF 20' WIDE ALLEY ".. 486 Re¡ular Session, September 4, 1990 LYING EAST OF THE E.P.L. BODEGA STREET AND RUN. NING EAST 115.82 FEET, BODEGA STREET FROM THE N.P.L. OF 5TH STREET TO THE N.P.L. OF SAID ALLEY, BODEGA STREET FROM THE S.W. CORNER OF LOT 2 OF 8 OF INDUSTRIAL SUBDIVI. SION NO.2 TO THE S.P.L. OF 5TH STREET AND ADAMS STREET FROM THE E.P.L. OF ADAMS STREET EXTENDED NORTH TO S.P.L. OF 5TH STREET AND THE SUBDIVI. SION OF LOT 11 OF INDUS- TRIAL SUBDIVISION NO.2 WHEREAS, the City of Dubuque has requested the vacation of a portion of 20' alley, Bodega Street and Adams Street and the subdivision of Lot 11 of Industrial Subdivision No.2; and WHEREAS, the City of Dubuque, Dubuque, Iowa, has prepared and submit- ted to the City Council a plat showing the vacated portion of the 20' wide alley and Bodega Street and assigoed a lot number thereof, which hereinafter shall be known and described as Lot A and Lot B of Lot 11 of Industrial Subdivision No.2 and the vacated portion of Adams Street and assigned a lot number thereof, which hereinafter shall be known and described as Lot A of Lot 2 of Lot 12, of Industrial Subdivision No. 2 and subdivided Lot 11 into Lot 1, Lot 2 and Lot 3 of Industrial Subdivision No.2 all in tbe City of Du- buque, Dubuque County, Iowa; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that this portion of 20' wide alley, Bodega Street and Adams Street and Lot 2 of Lot 11 of Industrial Subdivision No.2 are no longer required for public use and vacat. ing of said portion of 20' alley, Bodega Street and Adams Street known as Lot A and Lot B of Lot 11 and Lot A of Lot 2 of Lot 12 and the subdivision of Lot 11 all of Industrial Subdivision No.2 all in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thet the real estate described as Lot A and Lot B of Lot 11 and Lot A of Lot 2 of Lot 12 all of Industrial Subdivision No.2 in the City of Du. buque, Iowa, be and the same is hereby vacated and the subdivision of Lot 11 into Lot 1, Lot 2 and Lot 3 all oflndus- trial Subdivision No.2 in the City of Dubuque, Iowa, be and the same is hereby approved. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 12th day of September, 1990. Mooy A. Davis City Clerk It 9/12 Regular Session, September 4, 1990 portions of alley, Bodega Street and Adams Streets is hereby approved. Section 2: That the subdivision of Lot 11 of Industrial Subdivision into Lot 1, Lot 2 and Lot 3 is hereby approved. Section 3: That the disposal of the in. terest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot A of Lot 11 and Lot 2 of Lot 11 of Induatrial Subdivision No.2 in the City of Dubuque, Iowa to Jim & John Chris. tensen and Lot A of Lot 2 of Lot 12 of Industrial Subdivision No.2 in the City of Dubuque, Iowa to Fischer Incorporated be and the same is hereby approved for the property exchange agreement for the 5th Street right.of.way shall be by Quit Claim Deed. Lot B, Lot 1 and Lot 3 of Lot 11 all of Industrial Subdivision No.2 will remain as City ownership. Section 4. That the Mayor be authorized and ilirected to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and ilirected to deliver said deed of conveyance to the above named grantee upon receipt of the property ex. change agreement. Section 5. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in tbe Office of the City Asseasor, Du. buque County Recorder and the Dubuque County Treasurer. Passed, approved and adopted this 4th day of September 1990. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kluesner moved edop- tion of the Resolution. Seconded by Coun. cil Member Heckmann. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of publication, certified to by tbe Publisher, on Notice of Hearing on Plans and Specifications for construction of Ice Harbor Parking Lots, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Council Member Heckmano moved that the proof of publication be received and filed Seconded by Council Member Pratt. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, RESOLUTION NO. 367.90 Whereas, pursuant to resolution and published notice of time and plsce of hear- ing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 24th day of Angust, 1990, the City Council of the City of Dubuque, Iowa met on 4th day of September, 1990, at 7:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the vacation, and subdividing of Lot 11 of Industrial Subdivision #2 and proposal for the sale of real estate de. scribed as: Lot B of Lot 11 of Industrial Sub. division No.2 to remain as City of Dubuque ownership Lot 2 of Lot 11 and Lot A of Lot 11 all of Industrial Park Subdivi- sion No.2 in the City of Dubuque to Jim & Joho Christensen and Lot A of Lot 2 of Lot 12 of Industrial Subdivision No.2 in the City of Dubuque to Fischer Incorporated Lot 1 and Lot 3 of Lot 11 of In. dustrial Subdivision No.2 to reo main as City of Dubuque owner- ship Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objection. oral or written, to the vacation and subdividing of Lot 11 and proposal to dispose of interest of the City of Du. buque, Iowa in the herinabove described real estate to Fischer Incorporated and Joho & Jim Christensen. NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the vacation of said 487 Heckmann. Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 368-90 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Wbereas, on the 1st day of August, 1990, plans, specifications, form of con- tract and estimated cost were filed with the City Clerk of Dubuque, Iowa for tbe Ice Harbor Parking Lots. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RE. SOLVED BY TIfE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said im. provements for said project. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mooy A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of Publication, certified to by the Publisher, on Notice to Bidders of the Receipt of Bids for project and com. munication of City Manager recommen. ding to award contract for project, presented and read. Council Member Heckmano moved that the proof and com. munication be received and filed. Second. ed by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicbolson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 368-90 AWARDING CONTRACT Whereas, sealed proposals bave been submitted by contractors for the Ice Har. bor Parking Lots pursuant to Resolution 488 Regular Session, Selltember 4, 1990 No. 330-90 and notice to bidders published in a newspaper published in the City 01 Dubuque, Iowa on the 10th day of August, 1990. Whereas, said sealed proposals were opened and read on the 23rd day 01 Angnat, 1990 and it has been determined that the bid of Tschigglrie Construction Company 01 Dubuque, Iowa in the amount of $979,387.53 was the lowest bid for the furnishings of all labor and materials and perfonning tbe work as pr0- vided for the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Tbat the contract for the above im. proveroent be awarded to Tschiggfrie Con. struction Company and tbe Manager be and is hereby directed to execute a con. tract on behalf of the City of Dubuque for the complete performance of tbe work. BE IT FURTHER RESOLVED: That upun the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and in. structed to return the bid deposits 01 the unsuccessful bidders. passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich. Heckmann, Kluesner, Nicholeon, Pratt, Voetberg. Nays-None. Communication 01 City Manager sub- mitting documents providing for the con' struction of the Cedar Cross Road Sanitary Sewer, presented and read. Coon. cil Memba- Kluesner moved that the com' munication be received and filed. Second. ed by Council Member Pratt. Carried by tbe following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 3711-90 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form 01 contract and estimated cost for the Cedar Cross Road Sanitary Sewer Ex. tension, in tbe estimated amount of $132,838.79, are hereby approved and ordered filed in the office of the City Clerk for public inspection. passed, approved and adopted this 4th day 01 September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Coun' cil Member Pratt. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholeon, Pratt, Voetberg. Nays-None. RESOLUTION NO. 371.90 FIXING DATE OF HEARING ON PLANS AND SPECIFICA. TIONS Whereas, the City Council of the City 01 Dubuque. Iowa has given its prelim' inary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk lor public inspection of the Cedar Cross Road Sanitary Sewer Extension. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 1st day of October, 1990, a public bearing will be beld at 7:30 p.m. in tbe Carnegie Stout Public Library Auditorium at which time interested per' sons may appear and be hearri for or against the proposed plans and specifica. tions, form of contract and cost of said im. provement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circOlation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the bearing, any intereSted person may appear and file objections to the proposed plans, speci' fications, contract, or estimated cost of the improvement. Passed, approved and adopted this 4th Regular Session, September 4, 1990 day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memba- Kluesner moved adop- tion of the Resolution. Seconded by Coon. cil Member Pratt. Carried by the follow. ing Vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 372.90 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by tbe City Council of the City of Dubuque and are now on file in the office of City Clerk show- ing among other things the plans, speci. fications, form of contract, estimated coat and preliminary plat and achedule show. ing the amount proposed to be asseased against each lot and the valuation of each lot as filed by the City Council, for the Cedar Croas Road Sanitary Sewer Extension. NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it ad. visable and necessary for the public welfare to make the herein mentioned im. provements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of neceaaity, they shall be deemed to have waivad all objections pertaining to the regularity of the proceeding and the Iegali. ty of using tbe special assessment procedure. Ssid improvements shall be constructed and done in accordance with the plana and specifications which have been approved by the City Council and now on file with the City Clerk. Thet the cost and expense of making such improvement will be assessed partially or totally agsinst privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in pr0- portion to tbe special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Sanitary fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and 489 accepted, and the proceeds thereof nsed to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 4th day of September, 1990. Approved and placed on file for final action. James E. Brady Mayor Attest: Mooy A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Coun. cil Member Pratt. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Klueaner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 373-90 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, bas given its preliminary approval on the proposed plans, specifications and form of contract and plaœd same on file in the office of the City Clerk for public inspection, for the Cedar Cross Road Sanitary Sewer Exten- aion, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 1st day of October, 1990, a public hearing will be held at 7:30 p.m. in the Carnegie Stout Public Library Auditorium in the City of Dubuque at which time the owners of property sub- ject to assessment for tbe proposed im. provement or any other person having an interest in the matter may appear and be heard for or against the making of the im- provement, the boundaries of the district, the coat, the asseasment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hear. ing to be published in a newspaper bav. ing general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two con. secutive weeks, the firat publication of " 490 Regular Session, September 4, 1990 which shall be not less than ten days prior to the day fixed for its consideration. Unieas property own..-s at the time of the final consideration of tms proposed resolu. tion have on file with the City Clerk ob- jections to the Resolution of N""essity they shall be deemed to have waived all objections thereto. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of tbe Reaolution. Seconded by Coun. cil Member Pratt. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 374-90 NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 1 in. clusive, are hereby determined to be the schedule of proposed assessments for the Cedar Cross Road Sanitary Sewer Exten. sion and the valuations set out herein are hereby approved. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mooy A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Coun. cil Member Pratt. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 375-90 ORDERING BIDS NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,10WA: That the Cedar Cross Road Sanitooy Sewer Extension is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid sball be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 20th day of September, 1990. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 on the 1st day of October, 1990. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Coun- cil Member Pratt. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager sub- mitting docomenta providing for the bid. ding process for the remodeling of the washroom/locker roomlbreakroom at the Keyline Transit Facility, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by the following vote: Y eas- Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 376-90 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the LockerlBreakroom Rehabilitation of Keyline Transit Garage, in the estimated amount of $35,000.00, are hereby ap- proved and ordered filed in the office of the City Clerk for public inspection. --- - ----- Regular Session, September 4, 1990 PasaecI, approvad and adopted this 4th day of Septamber, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner movad adop- tion of the Reaolution. Seconded by Coun. cil Member Pratt. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 377-90 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminæy approval on the proposed plans, specifications, aod f<B"l11 of contract and placed same on file in the office of the City Clerk for public inspection of the Locker/Breakroom Rebabilitation of Keyline Tranait Garage. NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 1st day of October, 1990, a public bearing will be beld at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or againat the proposed plans and specIfications, form of contract and coat of said improvement, and the City Clerk be and is hereby <lirected to cause a notice of time and place of such hear- ing to be published in a newspaper hav. ing general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twen. ty days prior to the day fixed for its con. sideration. At the hearing, any interested person may appear and file objections to the proposed plans, specfficatinna, con. tract, or estimated cost of the improve- ment. Passed, approved and adopted this 4th day of Septamber, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesn... moved adop- tion of the Reaolution. Seconded by Coun. cil Member Pratt. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deicb, Heckmann, Kluesnar, 491 Nicholeon, Pratt, Voetberg. Nays-None. RESOLUTION NO. 378-90 ORDERING BIDS NOW THEREFORE, BE IT RE. SOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the LockerlBreakroom Rehabilita. tion of Keyline Tranait Garage ia hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid sball be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That tbe City Clerk is hereby <lirected toadvertise~bids~theconstru~on of the improvements herein provided, to be published in a newspaper having gen. eral circulation in the City of Dubuque, Iowa, which notice sball not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.rn. on the 20th day of September, 1990. Bids shall be opened aod read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.rn. on the 1st day of October, 1990. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mooy A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Coun. cil Member Pratt. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Klueanar, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager sub- mitting docoments providing for the bid- ding process for rehabilitation of the main entrance from 13th Street and upgrading the stairwell from the 1st to 2nd floor in City Hall; RESOLUTION Preliminary approval of plans and specs. in the estimated amount of $25,000.00; RESO. LUTION Fixing Date of Hearing on Plans and Specs. for project for October 1, 1990; RESOLUTION Ordering Bids for project and directing Clerk to publish notice, presented and read. Council Member Pratt moved that the above mat. ter and docu1nenta be tabled until the next !~. ~ 492 Regular Session, September 4,1990 meeting (Sept. 17). Seconded by Council Member Heckmann. Carried by the fol. lowing vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholeon, Pratt, Voetberg. Nays-None. Communication of City Manager sub- mitting documents providing for the bid. ding process for the restoration of the City Hall Tower, presented and read. Council Member Pratt moved that the communi- cation be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 379-90 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Thet the proposed plans, specifications, form of contract and estimated cost for the City Hall Bell Tower Restoration, in the estimated amount of $85,000.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 380-90 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its prelimi. nary approval on the proposed plana, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of tbe City Hall Bell Tower Restoration. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 1st day of October, 1990, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or agsinst the proposed plana and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hear- ing to be published in a newspaper hav. ing general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twen- ty days prior to the day fixed for its con- sideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvements. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 361.90 ORDERING BIDS NOW THEREFORE, BE IT RE. SOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Hall Bell Tower Restora- tion is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having gen. eral circulation in the City of Dubuque, Iowa, which notice shall not be less tban four days nor more than twenty days prior to the receipt of said bida at 2:00 p.m. on tbe 20th day of September, 1990. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Rllgular Session, September 4, 1990 Council for finaI action at 7:30 p.m. on the 1at day of October, 1990. Passed, _roved and adopf;!<! this 4th day of September, 1990. James E. Brady Mayor Attest: Mooy A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carriad by the follow. ing vote: Yeas-Mayor Brady, Cooncil Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Petition of Wayne A. Norman, Jr.. on behalf of Steven Boge, d/b/a Renaiasance Development Co., requesting Council to permit Mr. Boge to develop the property located at southwest comer of tbe in. tersections of Kaufmann Avenue and Joho F. Kennedy Road for the purpoae of construction of an office building and ap' pealing the moratorium for building per. mits for OR districts, presented and read. Attorney Norman spoke to the petition, as did Don Feldman of Kaufmann Ave. Council Member Pratt moved that the petition be received and filed and Corpora. tion Counsel directed to rewrite the morat<rium Ordinance to allow iseuing of office building permits in O.R. Districts. Seconded by Cooncil Member Heckmann. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholeon, Pratt, Voetberg. Nays-None. Petition of Debra Melloy requesting the abandonment of West 15th Street and Fairview Street sections for various reasons, verbally withdrawn by Pat Melloy. Communication from City Manager recommending additional actions related to the Nordstrom, Inc. project, presented and read. CounciI Member Voetberg mov. ed that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicbolson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 362.90 RESOLUTION AUTHORIZING A SHORT.TERM WAN OF NOT TO EXCEED $230,000.00 OF ECONOMIC DEVELOPMENT FUNDS TO DUBUQUE IN- FUTURO, INC., FOR COSTS 493 RELATED TO GRADING AND DRAINAGE IMPROVEMENTS FOR THE NORDSTROM, INC., SITE Whereas, Nordstrom, Inc., of Seattle, Washington, proposes to locate its midwest distribution center on property in the Dubuque Industrial Center; and Whereas, the City of Dubuque, Iowa, and Dubuque In. Futuro, Inc., have entered into a Memorandum of Agree- ment dated August 17, 1981, and have therein provided for the assigument to Dubuque In. Futuro, Inc., of respon- sibilities for the management and further development of the Dubuque Industrial Center; and Whereas, Dubuque In.Futuro, Inc.. as owner of said property deaires to prepare said property for development by the Nordstrom Company by making certain necessary grading and drainage im- provements thereon; and Whereas, Dubuque In.Futuro, Inc., re- quires short.term financial assistance to pay for these improvements prior to tbe sale of said property; and Whereas, the Nordetrom, Inc., Distribu. tion Center will bring significant benefits to the community in terms of additional employment opportunities, increased private investment, and enhanced tax base; and Whereas, the approved Fiscal Year 1990-91 budget for the City of Dubuque provides funds for economic development activities including the support of Du. buque In. Futuro, Inc. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby detennines that the provision of short. term financial assistance to Dubuque In. Futuro, Inc.. for grading and drainage im. provements for the Nordstrom, Inc.. Distribution Center is necessary and is in tbe best inlereat of the citizens of the City of Dubuque. Section 2. That the City Manager is bereby authorized to provide a abort-term loan of not to exceed $230,000.00 of Economic Development Activity funds to Dubuque In-Futuro, Inc., for costs related to grading and drainage improvements for the Nordatrom, Inc., site. Passed, approved and adopted this 4th day of September, 1990. - '<--'--~- 494 Regular Session, September 4, 1990 James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun. cil Member Pratt. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 383-90 RESOLUTION AUTHORIZING THE PREPARATION AND EX- ECUTION OF AN OPTION AGREEMENT TO PURCHASE LAND IN DUBUQUE INDUS. TRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT FOR THE NORDSTROM, INC.. PROJECT Whereas, On May 2, 1988, the City Council. after public hearing, dilly adopted an Urban Renewal Plan for the Dubuque Industrial Center EconoDÙc Development District; and Whereas, to meet the objectives of said Plan the City Council has detennined that it will assist qualified industries and businesses through the acquisition and sale of land for development purposes; and Whereas, Dubuque In-Futuro, Inc. is the owner of certain hereinafter described property in Dubuque Industrial Center EconoDÙc Development District; and Whereas, the City Council is interested in acquiring an option to purchase said parcel for resale for development by Nord- strom. Inc.; and Whereas, the proposed purchase price of the property, representing 1,391,742 square feet of area for $0.75 per square foot, is $1,043,807.00. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be and he is hereby authorized and directed to prepare and execute on behalf of the Ci. ty an option to purchase the following described real estate from Dubuque In. Futuro, Inc.. for an amount not to exceed $1,043,807.00 to wit: Lot 3 of Dubuque Industrial Center 7th Addition; Lot A to Dubuque Industrial Center 5th Addition and Lot A of Dubuque Industrial Center 7th Addition; and Lot 1 of Lot 2 of Lot 2 of Lot 2 of Dubuque Industrial Center 5th Addition, all in the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mooy A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun. cil Member Pratt. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 364-90 RESOLUTION OF INTENTION TO DISPOSE OF CITY IN. TEREST IN CERTAIN LAND IN DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVEL- OPMENT DISTRICT FOR DEVELOPMENT BY NORD. STROM, INC. Whereas, the City of Dubuque, Iowa, did on May 2, 1988, adopt an Urban Renewal Plan for the Dubuque Industrial Center EconoDÙc Development District; and Whereas, in accordaoce with such Plan, the City is presently pursuing the B<X¡Uiai. tion of the following legally described properties so that it may make them available for sale and development, to wit: Lot 3 of Dubuque Industrisl Center 7th Addition; Lot A to Dubuque Industrial Center 5th Addition and Lot A of Dubuque Industrial Cen. ter 7th Addition; and Lot 1 of Lot 2 of Lot 2 of Lot 2 of Dubuque In. dustrial Center 5th Addition, all in the City of Dubuque, Iowa; and Whereas, Nordstrom, Inc.. has pro- posed the purchase of said properties for the purpose of development as an in- dustrial facility and has agrsed to enter into a written assessment agreement with the City pursuant to Section 403, Code of Iowa, 1989, and the minimum actual value to be contained in the assessment agree' ment will indicate that there will be suf. ficient taxable valuations to permit the collection of incremental taxes as provid. ed in Subsection 2 of Section 403.19 to cause the indebtedness or other costs in. correct by the City with respect to the Regular Session, September 4,1990 property or interest transferred or re- tained to be repayable as to principal within four tax years following the com. mencement of full operations of the development; and Whereas, this Council believes it is in the best interest of the City and tbe Plan to act as expeditiously as possible to ac. quire and dispose of said properties for development as set forth in the Plan; and Whereas, the statutory requirements of Chapter 403, Code of Iowa, 1989, and par- ticolsrly Section 403.8 for competitive hid. ding procedures for the dispoeition of real property in an urban renewal area to pri. vate persons do not apply to real proper. ty disposed of for the purpose of develop- ment as an industrial building or facility. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the proposal of Nord- strom, Inc., to enter into an agreement with the City for the sale and development of said properties is hereby accepted as be- ing in the public interest and in fur. tberance of the purposes of the Plan and Urban Renewal Law. Section 2. That it is hereby determined that Nordetrom, Inc., poaseases the qualifications, financial resources and legal ability necessooy to acquire and develop said properties in accordaoce with the Plan. Sectinn 3. Thet the City Manager is hereby authorized and directed to have prepared for City Council adoption a con. tract for sale of land for private develop. ment by and between the City and Nord. strom, Inc. Sectinn 4. Thet the sale price for said properties, representing 1,391,742 square feet of area, sball be $0.11 per square foot or $153,092.00. Section 5. That the action of this Coun. cil be considered to be and does hereby constitute notice to all concerned of the intention of this Council to enter into a contract for sale of land for private development by and between the City and Nordstrom, Inc.. on or after September 17,1990. Section 6. Thet this Council meet in the Carnegie Stout Public Library Auditorium, Eleventh and Bluff Streets, Dubuque, Iowa, at 7:30 p.m. on the 17th dsy of September, 1990, for the purpose of teking additional action on the disposi- tion of said properties. 495 Sectinn 7. Thet the official notice of the intent of the City to enter into a contract for sale of land for private development by and between the City and Nordatrom, Inc., shall be a true copy of this resolution. Section 8. That the City Clerk is hereby authorized and directed to secure publica. tion of said official notice in the Telegraph Herald, a newspaper baYing a general cir- co1ation in the community, by publication of the text in this resolution on or before September 11, 1990. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mooy A. Davis City Clerk Council Member Voetbergmoved adop- tion of the Resolution. Seconded by Coun. cil Member Pratt. Carried by tbe follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager re- questing Council approval to accept con. veyance of real estate located at 749 Wilson Street, presented and read Council Member Voetberg moved that the com. munication be received and filed. Second. ed by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 385-90 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPER. TY AT 749 WILSON STREET TO THE CITY OF DUBUQUE. Whereas, the City of Dubuque entered into a Contract of Sale with Pall Werni. mont and Donna Wernimont, dated 31 August 1990, pursuant to which Paul and Donna Wernimont agreed to convey pro- perty located at 749 Wilson Street, Du. buque, to tbe City of Dubuque; and Whereas, Pall Wernimont and Dorma Wernimont have executed a conveyance of such property. NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. The City Council of the City of Dubuque, Iowa, hereby approves of, ac. cepts and coriaents to the Warranty Deed ~ Regular Session, September 4, 1990 APPLICATION FEE; AND REEXAMINATION UPON FAILURE OF EXAMINATION, AND BY ADOPTING IN LIEU THEREOF A NEW SECTION 20.I3(j) RELATING TO EX. AMINATION REQUIRED; Ap. PLICATION FEE; AND REEX. AMINATION UPON FAILURE OF EXAMINATION THERE- FOR NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. Section 20.13(j) of the Code of Ordinances of the City of Dubuque, Iowa, is hereby repealed. Section 2. The following new Section 20.I3(j) is hereby adopted: "(j) Examination required; applica. tion fee; reexamination upon failure of examination. Any person desiring to be examined for a license as a journey. man plumber or master plumber as determined by this article, by the Plumbing Board, shall make applica. tion to the Plumbing Board on blanks furnished by the Board, setting forth information necessary to establish such person's qualifications as such; and payment of an examination fee of seventy dollars ($70.00) for examina- tion for a master plumber, and sixty dollars ($60.00) for examination for a journeyman plumber. Applicants will be allowed to take the Practical Por- tion of the exam only after first pass' ing the Written Portion. Applicants falling the Written Portion may be reexamined after first filing an applica- tion and paying the fee therefore as in the first instance, after a period of six. ty (60) days has elapsed from the date of the applicant's last previous ex- amination. Applicants passing the Written Portion. hot subsequently fail. ing the Practical Portion, will be allow- ed to retake the Practical Portion after first filing an application for reex' amination and paying a fee of thirty dollars ($30.00), after a period of six- ty (60) days has elapsed from the date of the applicant's last previous ex. amination. Persons passing the Prac. tical Portion of the Dubuque exam shall not be required to take the Prac' tical Portion in subsequent examine. tions. The fee for an examination shall not include the fee for the issning of the initial license." Section 3. This ordinance shall take ef. fect immediately upon publication as pro' vided by law. 496 from Paul Wernimont and Donna Werni. mont as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun. cil Member Pratt. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholeon, Pratt, Voetberg. Nays-None. Communication of City Manager re- questing approval of changes to the Plumbing Code, presented and read. Cooncil Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholeon. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Amending Code of Or- dinances by adopting in lieu thereof a new Section 20.13(j) Chapter 37, Plumbing, relating to examinetion required; Applica. tion Fee; and reexamination upon failure of examination therefor, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance and that the reqnirement that an 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 Or. dinance. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich. Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. (OFFICIAL PUBLICATION) ORDINANCE NO. 72.90 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, lOW A, BY REPEALING SEC- TION 20.13(j) OF CHAPTER 37, PLUMBING, RELATING TO EXAMINATION REQUIRED; Regular Session, September 4, 1990 Passed, adopted and approved this 4th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Publisbed offficially in the Telegraph Herald newspaper this 12th day of September, 1990. Mary A. Davis City Clerk It 9/12 Communication of City Manager sub- mitting ordinances regarding issuance of building permits and other actions for pro- perties located in the Dodge Street Cor. ridor reconstruction project, presented and read. Council Member Voetberg moved that the communication be re- ceived and filed. Seconded by Council Member Kluesner. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicbolsno, Pratt, Voetberg. Nays-None. An Ordinance Amending Chapter 11 of the Code of Ordinances relating to buildings and building regulations, pro. viding that no building permit shall be issued for work in the U.S. 20 Corridor (Dodge Street) for a period of 45 days from the date of the filing of the spplication for such permit, and further providing tbat notice of the filing of any such application shall be given to the Iowa Department of Transportation, presented and read. Coun- cil Member Voetberg moved that this be considered the first reading of the Or. dinance and that the requirement that an Ordinance be considered and voted on for passage at two Council Meeting prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Second. ed by Council Member Kluesner. Carried by tbe following vote: Yeas-Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. (OFFICIAL PUBLICATION) ORDINANCE NO. 73-90 AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY OF DUBUQUE CODE OF ORDI- NANCES RELATING TO BUILDINGS AND BUILDING REGULATIONS, PROVIDING THAT NO BUILDING PERMIT SHALL BE ISSUED FOR WORK IN THE U.S. 20 COR- RIDOR (DODGE STREET) FOR 497 A PERIOD OF FORTY.FIVE (45) DAYS FROM THE DATE OF THE FILING OF THE AP. PLICATION FOR SUCH PER- MIT, AND FURTHER PRO. VIDING THAT NOTICE OF THE FILING OF ANY 1;UCH APPLICATION SHALL BE GIVEN TO THE lOW A DE. PARTMENT OF TRANSPOR. TATION. NOW THEREFORE, BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 11 of the City of Dubuque Code of Ordinances is hereby amended by adding thereto the following new Section 11.58.1: "In addition to the requirements of Sec- tion 11.58, the building official shall not issue a building permit for any new con. struction or any substantial enlargement, alteration, repair or remodeling of any structure, building or sign in the U.S. 20 corridor (Dodge Street), as shown on the attached drawing, for a period of forty.five (45) days from the date of the filing of an application tberefor. Upon the filing of any such application, the building official shall notify the Public Works Director, who shall send a copy thereof to tbe Iowa Department of Transportation." Section 2. This Ordinance shall take ef. fect immediately upon publication and shall apply to all building permit applica. tions filed after September 4, 1990. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mooy A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 12th day of September, 1990. Mooy A. Davis City Clerk It 9/12 An Ordinance Amending Chapter 42 of the Code of Ordinances relating to sub. division regulations by adding thereto a new Section 42-52.5, providing that no plat shall be approved by the City Coun. cil for property in tbe U.S. 20 Corridor (Dodge Street) for a period of 45 days after the date of the filing of any such plat with the City Council and farther pro- viding that notice of the filing of such plat shall be given to the Iowa Department of Transportatiòn, presented and read. 498 Regular Session, September 4, 1990 Council Member Voetberg moved that this be considered the first reading of the Ordinance and that the requirement that an Ordinance be considered and voted on for passage at two Council Meetinge prior to the meeting at which it is to bo finally adopted be suspended and further moved final adoption of the Ordinance. Second- ed by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heck. mann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. (OFFICIAL PUBLICATION) ORDINANCE NO. 74-90 AN ORDINANCE AMENDING CHAPTER 42 OF THE CITY OF DUBUQUE CODE OF ORDI. NANCES RELATING TO SUB. DIVISION REGULATIONS BY ADDING THERETO A NEW SECTION 42.52.5, PROVIDING THAT NO PLAT SHALL BE AP. PROVED BY THE CITY COUN. CIL FOR PROPERTY IN THE U.S. CORRIDOR (DODGE STREET) FOR A PERIOD OF FORTY-FIVE (45) DAYS AFTER THE DATE OF THE FILING OF ANY SUCH PLAT WITH THE CITY COUNCIL AND FUR. THER PROVIDING THAT NO- TICE OF THE FILING OF SUCH PLAT SHALL BE GIVEN TO THE IOWA DEPARTMENT OF TRANSPORTATION. NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 42 of the City of Dubuque Code of Ordinances is hereby amended by adding thereto the following new Section 42-52.5: "No plat for any subdivision or resuh- division of property in the U.S. 20 corridor (Dodge Street), as shown on the attached drawing, shall be approved by the City Council for a period of forty.five (45) days after the filing of such plat with the City Council Upon the filing of any such plat with the City Council, the City Planner shall notify the Public Works Director, who shall send a copy thereof to the Iowa Department of Transportation." Section 2. This ordinance shall take ef- fect upon publication. Passed. approved and adopted this 4th day of September, 1990. James E, Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegroph Herald newspaper this 12th day of September, 1990. Mary A. Davis City Clerk It 9/12 Regular Session, September 4, 1990 Whereas, they have executed a con. Attest: veyance of such property and an assign. Mooy A. Davis m~ofsuchleaseh~mterestas~ CityCim by the Contract of Sale. Council Member Klueaner moved adop- NOW, THEREFORE, BE IT RE. tion of the ReaoJution. Seconded by Coun. SOLVED BY THE CITY COUNCIL OF cil Member Pratt. Carried by the follow. THE CITY OF DUBUQUE, IOWA: ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Section 1. The City Council of the City Nicholeon, Pratt, Voetberg. N ays- None. of Dubuque, Iowa, hereby approves of, ac. cepts and consents to the Deed and Asaignment from Dubuque Barge and Fleeting Service Company and Gooy W. Newt and Karen M. Newt, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. Tbe Mayor is bereby authorized and dinscted to execute and acknowledge on behalf of the City of Dubuque any instruments in connection therewith. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of tbe Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO, 387.90 WHEREAS, Applications for Beer Per- DÙta have been subDÙtted and filed to this Council for approval and the same bave been examined and approved; and WHEREAS, The preDÙses to be oc- copied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council oftbe City of Dubuque, Iowa, tbat the Manager be authorized to cause to be issued the following named applicants a Beer Permit CLASS "C" BEER PERMIT Iowa Oil Company, Citgo lOCO 1387 Dodge Street MuJgraw Oil Company, Aabury Fastop 3300 Aabury Rd. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor An Ordinance Amending Appendix A of Code of Ordinances by adding thereto a new Section 6-1.5.5, providing that the City Council shall not give final approval to any reclassification request for property in the U.S. 20 Corridor (Dodge Street) for a period of 45 days from the date of the receipt of any recoounendation of the Zon. ing Commission on such reclassification, and further providing that notice of the filing of such request shell be given to the Iowa DOT, presented and read. Council Member Voetberg moved that this Or. dinance be referred to the Zoning Commis. sion. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Member Deich, Heckmann, Kluesner, Nicholeon, Pratt, Voetberg. Nays-None. Communication of Corporation Coonael recommending acceptance of Ice Harbor Urban Renewal District property from Dubuque Barge & Fleeting Service Com- pany, presented and read. Council Member Pratt moved that the com- munication be received and filed. Second. ed by Council Member Deich. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 366-90 A RESOLUTION ACCEPTING A CONVEYANCE OF ICE HAR. BOR URBAN RENEWAL DIS. TRICT PROPERTY AND THE ASSIGNMENT OF A LEASE TO THE CITY OF DUBUQUE. Wbereas, the City of Dubuque, Iowa, entered into a Contract of Sale with Du. buque Barge and Fleetmg Service Com- pany and Gary W. Newt and Karen M. Newt, dated April 2, 1990, pursuant to which Dubuque Barge and Fleeting Ser- vice Company and Gary W. Newt and Karen M. Newt agreed to convey certain property in the Ice Harbor Urban Renewal District to the City of Dubuque and to assign a leasehold interest in certsin real estate owned by the City; and 499 RESOLUTION NO. 388-90 Whereas, applications for Liquor Licenses have been subDÙtted to this Council for approval and the same have been examined and approved; and Whereas, tbe premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named ap' plicanta a Liquor License. CLASS "C" (COMMERICIAL) BEER AND LIQUOR LICENSE Jerry Lee James, Neighbors Tap 1899 Rockdale Rd. Elbo, Inc.. Dr. B's Billiard Parlor 2095 Kerper Blvd. Eagle Point Associates, Inc.. Tollbridge Inn, 2800 Rhomberg Ave. APPLICATION FOR OUTDOOR SERVICE AREA Patricia A. Kelly, Rsinbow Lounge 366 West 4th St. CLASS "E" LIQUOR LICENSE JFT, LTD, Oky Doky #1 250 West 1st St. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the ReaoJution. Seconded by Coun. cil Member Pratt. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Regular Session, September 4, 1990 Council Member Voetberg moved that the communication be received and filed and be made a matter of record. Second. ed by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Heck. mann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Petition containing 9 signatures ..: questing to ban parking on the east side of Cox Street in the 1300 block, presented and read. Council Member Voetberg moved that the petition be referred to the City Manager. Seconded by Council Member Nicholson. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Member Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of Publication, certified to by the Publisher, on List of Claims paid for month of June 30, 1990, presented and read. Council Member Voetberg moved that the proof be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of Publication, certified to by the Publisher, on Notice to file a request for release of funds for the Nordstrom, Inc. project, presented and read. Council Member Voetberg moved that the proof be received and filed. Seconded by Coun. cil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Petition of residents of the 2800 block of Burnswick Street (Fran Goethe St. sooth to Lawther) requesting that this section become a one-way street, presented and read. Council Member Voetberg moved that the petition be referred to the City Manager. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Police and Fire Board of Trustees aubnútting their finan' cial reports for the year ending June 30, 1990, presented and read. Council Member Voetberg moved that the com- munication be received and filed. Second. ed by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heck- mann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Corporation Counsel 500 MINUTES SUBMITTED - Cable TV Regulatory Commission of 8-15; Civil Ser- vice Commission of 7.]] & 26; Electrical Code Board of 8-13; Five Flags Commis. sion of 8-20; Historic Preservation Com. nússion of 7.25 & 8-8; Library Board of Trustees of 7-26; Police Retirement Board of 8-21; Plumbing Board of 8-27; Zoning Board of Adjustment of 7.26, presented and read. Council Member Voetberg moved that the mihutes be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. NOTICES OF CLAIMS/SUITS - Steve Jochum in amount of $84.00 for vehicle damages; Mark Kieffer in amount of $15.75 for damages to car; Greg & Jane Luchsinger in amount of $292.00 for backed up sewer damages; Genevieve Miller in unknown amount for personal in- juries, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Cooncil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. April 24, 1990 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1989 Code of Iowa, the Civil Service Com- mission conducted written examinations on June 29, 1990 and July 19, 1990 with Physical Agility Tests being given on July 19,1990 for the position of POLICE OF- FICER Entrance Level. We hereby certify that the following in- dividuals have successfully passed both the written and physical agility tests and are hereby qualified to be considered for the position of Police Officer for the City of Dubuque, Iowa. Michael Elliott, David Tomkins, Forrest Trausch, James Lembke, Daniel Birdsley, Dave J. Weis II, Jon Roth, Richard Westhoff, Joho Rogan, Nicholas E. Langenderfer, Lome Cullen A second list is available for certifica' tion when needed. Respectifully subnútted, Gerald J. Koppes Chairperson Pat Dillon Robert Miller Civil Service Comnússion. Regular Session, SeJ)!ember 4, 1990 501 recommending to administratively close Personal injury claim of Michael McDonald, presented and read. Council Member Voetberg moved that the com. munication be received and filed. Second- ed by Cooncil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heck. mann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Corporation Counsel recormnending settlement of car damage claim of Margaret Rowan in amount of $25.00 and Car damage clsim of Lori Van N atta in amount of $45.44, presented and read. Council Member Voetberg moved that the communication be approved and Finance Director to issue checks. Second. ed by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heck. mann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. REFUNDS REQUESTED - Revco Discount Drug Center, Inc.. $225.00 on unexpired portion of Class "B" Beer Per- nút, presented and read. Council Member Voetberg moved that the refund be ap- proved and Finance Director to issue checks. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholeon, Pratt, Voetberg. Nays-None. Communication of City Manager recom. mending approval of proposed contract between the Five Flsge Center and the Dubuque Fighting Saints Aasociation and authorize the City Manager to execute, presented and read. Council Member Voetberg moved that the communication be received and filed and approved. Seconded by Council Member Nicbolson. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager recom. mending acceptance of contract for the reconstruction of the sanitary sewer in the alley between Rhomberg A venue and Lin. coln Avenue, from Roosevelt Avenue to Shiras, presented and read. Council Member Voetberg moved that the com. munication be received and filed. Second. ed by Cooncil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heck. mann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 389-90 ACCEPTING IMPROVEMENT Whereas, the contract for the Sanitary Sewer Reconstruction, Alley between Rhomberg and Lincoln, from Roosevelt to Shiras bas been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitooy Sewer Construction Fund in amount equal to the amount of his con. tract,less any reteined percentage provid. ed for therein. Passed, approved and adopted this 4th day of September, 1990. James E. Brady Mayor Attest: Mooy A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun. cil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deicb, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 390-90 FINAL ESTIMATE Whereas, the contract for the Sanitooy Sewer Reconstruction, Alley between Rhomberg and Lincoln, from Roosevelt to Shiras has been completed and the City Engineer has aubnútted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all núsœllaneoua cost; NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improve- ment is hereby determined to be $87,251.91 and the said amount shall be paid from the Sanitooy Sewer Construc. tion Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 4tb 502 Mayor Brady read the call and atated this is a Special Session of the City Coun. cil called for tbe purpose to give direction regarding filling the vacancy for tbe First Ward. Special Session, September 10, 1990 day of September, 1990. James E. Brady Mayor DUBUQUE CITY COUNCIL Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun. cil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager sub- mitting Fiscal Year 1990 incomplete capital projects which will be carried for- ward into Fiscal Year 1991, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann. Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Council Member Heckmann verbally submitted his reeignation from tbe City Council, upon the adjournment of this meeting. Council Member Kluesner moved that they accept the reeignation with regret. Seeonded by Council Member Nicholson. Carried by the followiog vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Corporation Counsel Lindahl advising of Council's alternatives to be used to fill the vacancy for Council Member representing the Firat Ward due to resignation of Council Member Heck. mann, presented and read. Council Member Kluesner moved tbat they go with a Special Election to fill the vacan. cy of Mr. Heckmann. Seeonded by Coun. cil Member Nicholeon. Carried by tbe following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. There being no further buainess, Coun. cil Member Pratt moved tbat tbey ad. journ the meeting. Seeonded by Council Member Heckmann. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Meeting adjourned at 11:21 p.m. OFFICIAL PROCEEDINGS Special Session, September 10, 1990. Council Met at 4:30 p.m., Conference Room "A", City Hall. Present: Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg, City Manager W. Ken- neth Gearhart, City Solicitor William Blum. Attest: H d .J-~ ~Clerk Absent: Corporation Counsel Barry A. Lindabl Council was presented with information regarding alternatives to fill the First Warri vacancy. Council Member Pratt moved that it be resolved that the City advertise for ap' plicants for appointment to the City Coun. cil to fill the vacant First Ward Seat to fill the tenn until the November 5, 1991 election and that thia appointment be made at a Special Meeting on October 8, 1990 at 7:00 p.rn., and so order publica. tion of the notice. Seconded by Council Member Nicholson. Carried by the follow- ing vote: Yeas-Council Membera Deicb, NichoIeon, Pratt, Voetberg. Nays-Mayor Brady. Council Member Nicholson furtber moved it be resolved to encourage the reeidents of the First Ward to exercise their right and privilege to call a Special Electinn if the appointment is not to their liking and not to feel obligated about the cost of the election. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Mem. bers Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. There being no further businesa, Coun. cil Member Voetberg moved to adjourn the meeting. Seconded by Council Mem. ber Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Mary A. Davia City Clerk Approved 9, - .... /1 1991 ."'." 503 Deich, Kluesner, Nicholson, Pratt, Voet- berg. Nays-None. Meeting adjourned- 5:30 p.m. Còuncil Members Attest: ~ ~erka )-~ .,- Regular Session, September 17, 1990 rezoning and recommending approval of rezoning IF Mr. Fuller signs the Agree- ment setting forth the special conditions, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas- Mayor Brady, Council Members Deicb, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Council Member Nicholson moved final adoption of the Ordinance as amended (with conditionsl. Seconded by Council Member Voetberg. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Kluesner, Nicholson, Pratt, Voetberg. Nays-Council Member Deich. 504 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Reglllar Session, September 17, 1990. Council met at 7:30 o'clock p.rn., Public Library Auditorium. Present: Mayor Brady, Council Mem. bers Deich, Kluesner, Nicholeon, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is the REGULAR MONTHLY MEETING of the City Council called for the purpose to act upon such hosiness which may properly come before the Council Invocation was given by Sister Mary Gregor Bergerson O.S.B.. Chaplsin Mercy Health Center. PROCLAMATIONS-Week of Sep- tember 17 thru 23 as "Constitution Week" Week of September 21 thru 28 as "Dubuque Voter Registration Week" and day of September 22, 1990 as "Dubuque Voter Registration Day received by Janet Hefel. Mr. Bob Wild presented a gift to the City.from Pyatigorsk. our Sister City. Council Member Pratt moved to sù.. pend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Nicholson. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nay-None. Public Hearing adjourned from meetiog of September 4, 1990 to consider an Or- dinance amending Appendix A of the Code of Ordinances by reclassifying pro- perty located at 607-609 E. 22nd Street from R2A Alternate Single Family Resi- dential District to C1 Neigbborhood Com- mercial District. Mr. Ray Fuller addressed the Council and requested that they reconsider clos. ing time to 9 p.rn. Communication of City Manager sub- mitting a draft Memorandum of Agree- ment and Ordinance for this conditional (OFFICIAL PUBLICATION) ORDINANCE NO. 75-90 AN ORDINANCE OF THE CITY OF DUBUQUE, lOW A, PRO. VIDING THAT THE CODE OF ORDINANCES, CITY OF DU. BUQUE, lOW A. BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, lOW A, BY RECLASSIFICA. TION OF HEREINAFTER. DESCRIBED PROPERTY LO- CATED AT 607.609 EAST 22ND STREET FROM R2A ALTER. NATE SINGLE FAMILY RESI. DENTIAL DISTRICT TO C1 NEIGHBORHOOD COMMER. CIAL DISTRICT, WITH CON- DITIONS. NOW, THEREFORE, BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Code of Ordinances of the City of Dubuque, Iowa, be amend. ed by revising Appendix A thereof, also known as the Zoning Ordinance of tbe City of Dubuque, Iowa, to reclassify hereinafter-described property from R2A Alternate Single Family Residential District to C1 Neighborhood Commercial District, with conditions, to wit: Lot 10 of Sanford Subdivision in the City of Dubuque, and exten' ding to the center line of abutting right.of.way. Section 2. That the foregoing amend. ment has heretofore been approved by the Zoning Commission of the City of Du. buque, Iowa. .....' Regular Session, September 17, 1990 Pasaect awroved and adopted this 17th day of September, 1990. James E. Brady Mayor Attest: Mooy A. Davis City Clerk Published officially in the Telegrnph H eroJd newspaper this 4th day of October, 1990. Mary A. Davis City Clerk It 10/4 Proof of Publication, certified to by the Publisher, on Notice of Public Hearing to consider allowing a bobby shop as a per- mitted uaein the C-1 Neighborhood Com. mercial District, presented and read. Council Member Kluesner moved that the proof of publication be received and filed. Secnndad by Cooncil Member Pratt. Car. ried by the following vote: Y eas- Mayor Brady, Cooncil Members Kluesner, Nich. oleon, Pratt, Voetberg. Nays-Council Member Deich. Roger Gartner, owner of Hobbies Unlimited, requested Ordinance not be approved. An ORDINANCE Amending Appen. dix A of the Code of Ordinances by enac. ting a new Section 3.3.1(BKI8) to allow a "Hobby Shop" as a permitted use in tbe C.1 Neighborhood Commercial District, (1st reading only given at meeting of 8.2D-90) (Zoning Commission denied re- quest . need 3/4 vote to overrule that denial), presented for further action Coun. cil Member Voetberg movad that this be considered the first reading of the Or- dinance and that the requirement that an Ordinance be considered and voted on for passage at two Council Meetinge prior to the meeting at whicb it is to be finally adopted be suspended and further movad final adoption of the Ordinance. Second. ed by Cooncil Member NichoIeon. Vote on the motion was as follows: Yeas-Mayor Brady, CounciI Members Deich, Voetberg. Nays-Council Members Kluesner, Nich. olson, Pratt. MOTION FAILED. Council Member Kluesner moved to refer to Staff and Zoning to give direction poasibly as conditional use. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Cooncil Members Kluesner, Nicholson, Pratt, Voetberg. Nays-Council Member Deich. Proof of Publication, certified to by the Publisber, on Notice of Hearing on Plans and Specifications for the Dodge Street 505 and Menard Drive- P.C. Concrete Tom Lanes and intersection Lighting, pre- sented and read There were no written ob- jections received and no oral objectors per- sent at the time of the Hearing. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Cooncil Member Pratt. Car. ried by the following vote: Yeas-Mayor Brady, Cooncil Members Deich, Kluesner, Nicbolson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 391.90 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of August, plans, specifications, form of contract and estimated cost were filed with tbe City Clerk of Dubuque, Iowa for the Dodge Street at Menard Drive. P.C. Concrete Tom Lanes and Intersection Lighting. Whereas, notice of bearing on plans, specifications, form of contract, and estimated cost was published as reqWred by law. NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said im. provements for said project. Passed, approved and adopted this 17th day of September, 1990. James E. Brady Mayor Attest: Mooy A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun. cil Member Pratt. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Klueaner, Nicholson, Pratt, Voetberg. Nays-None. Proof of Publication, certified to by the Publisher, on Notice to Bidders of the Receipt of Bids for project and com. munication of City Manager recommen. ding to award contract for project, presented and read Council Member Voetberg moved that the conununication be received and filed. Seconded by Coun. cil Member Pratt. Carried by tbe follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Klueaner, Nicholeon, Pratt, Voetbèrg. Nays-None. - --- Regular Session, September 17, 1990 Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. 506 RFSOLUTION NO. 392-90 AWARDING CONTRACT Whereas,sealedproposalsh~ebeen submitted by contractors for the Dodge Street at Menard Drive. P.C. Concrete Turn Lanes and Intersection Lighting pursuant to Reaolution No. 354.90 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of August, 1990. Whereas, said sealed proposals were opened and read on the 6th day of September, 1990 and it has been deter. mined that the bid of Horsfield Construe. tion, Inc. of Epworth, Iowa in the amoont of $52,180.45 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for tbe above im- provement be awarded to Horsfield Con- struction, Inc., subject to the concorrence of the Iowa Department of Transportation and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and in. structed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 17th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of publication, certified to by the Publisher, on Notice of Hearing to take additional action on the disposition of pr0- perties in Dubuque Industrial Center 5th Addition and Dubuque Industrial Center 7th Addition, presented and read. There were no written objections re- ceived and no oral objectors present at the thne of the Hearing. RFSOLUTION NO. 393-90 RESOLUTION APPROVING THE FORM AND CONTENT OF AN AGREEMENT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT BY AND BE- TWEEN THE CITY OF DU- BUQUE AND NORDSTROM, INC. AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECIITE SAID AGREEMENT WITH SUCH CHANGES AS SHALL BE NECESSARY. Whereas, the City of Dubuque, Iowa (the "City") did on May 2, 1988 adopt an Urban Renewal Plan for the Dubuque In. dustrial Center Economic Development District (the "Plan"); and Whereas, in accordance with said Plan, the City is pursuing the acquisition of the following legally described properties Ithe "Properties") so that it may make tbem avsilsble for sale and development, to wit: Lot 3 of Dubuque IndostriaI Center 7th Addition; Lot A to Dubuque Industrial Center 5th Addition and Lot A of Duhoque Industrial Cen. ter 7th Addition; and Lot 1 of Lot 2 of Lot 2 of Lot 2 of Dubuque In- dustrial Center 5th Addition, all in the City of Dubuque, Iowa; and Whereas, Nordstrom, Inc. of Seattle, Washington (the "Company") has sub- mitted a proposal for purchase of said Pr0- perties for the purpose of development as an industrial facility; and Whereas, under date of September 4, 1990, the City Council by resolution did; 11) establish the disposition price of said Properties to be the amount of $153,092; 12) accept tbe proposal of the Company to enter into an agreement with the City for the sale and development of said Proper' ties as being in the public interest and in furtberance of the purposes of the Plan and the Urban Renewal Law; 13) deter. mine that tbe Company possesses the qualifications, financial resources and legal ability necessary to acquire and develop said Properties in accordance with the Plan; (4) autborize and direct the City Manager to have prepared for City Coun. cil adoption a contract for purchase of Regular Session, September 17, 1990 land for private development by and bet. ween the City and Company; and 15) authorize and direct tbe City Clerk to secure publication of an official notice in the Telegraph Herald, a newspaper baYing a general circulation in the com. munity, of the intent of the City Council to enter into an agreement for purchase of land for private development by and between the City and Company on or before the 11th day of September, 1990; and Whereas, pursuant to City Council direction, the City Manager has caused to be prepared an Agreement for Sale of Land for Private Development by and be- tween the City of Dubuque, Iowa, and Nordstrom, Inc., which Agreement is attached hereto and made a part hereof. NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the form and content of said Agreement, including all attach. ments, be and the same are bereby ap- proved, authorized and confirmed and the Mayor and City Clerk are hereby author. ized, empowered and directed to execute, seal and deliver said Agreement for and on behalf of the City of Dubuque in substantially the form and content now before this meeting but with such changes, additions, modifications and deletions therein as shall to them seem necessooy, desirable or appropriate, their acceptance thereof to constitute con. clusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and conteot of said Agreement now before this meeting. Passed, approved and adopted this 17th day of September, 1990. James E. Brady Mayor Attest: Mooy A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Zoning Commission advising of their approval to rezone pro- perty located at Southwest comer of the intersection of Pennsylvania Ave. and Sylvan Drive from R'1 to R-4, presented and read. 507 Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pratt. Car- ried by tbe following vote: Y eas- Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Revising Appendix A of the Code of Ordinances by reclassifying property located west of Sylvan Drive and South of Pennsylvania Avenue from R.I Single-Family Residential District to R-4 Multi.Family Residential District, presented and read. Council Member Kluesner moved that this be considered tbe first reading of the Ordinance, and that the requirement that a proposed Or. dinance be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be beld on the Pr0- posed Ordinance on the 1st day of Oc. tober, 1990 at 7:30 p.m. in the Public Librooy Auditorium and that the City Clerk publisb notice in the manner prescribed by law. Seconded by Council Member Pratt. Carried by the following vote: Y eas- Mayor Brady, Council Mem. bers Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Zoning Commission advising of their approval to rezone pro. perty located at 601 Garfield Ave. from R-2A to R.3, presented and read. Council Member Voetberg moved that the com- munication be received and filed. Second. ed by Council Member Pratt. Carried by tbe following vote: Yess-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Revising Appendix A of the Code of Ordinances by reclas. sifying property located at 601 Garfield from R.2A Alternate Two-Family Resi. dential District to R-3 Moderate Density Multi.Family Residential District, pre. sented and read. Council Member Voet. berg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordi. nance be considered and voted on for passage at two council meetings prior to the meeting at whicb it is to be finally adopted be suspended and furtber moved that a Public Hearing be held on the Pro- posed Ordinance on the 1st day of Oc. tober, 1990 at 7:30 p.m. in the Public Library Auditorium and tbat the City Clerk publish notice in the manner pre- scribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Mem. bers Deich, Kluesner, Nicbolson, Pratt, Voetberg. Nays-None. , .",' 508 Regular Session, Se)tember 17, 1990 Airport Commission. 1 6.Year term that will expire 9-14.96 (Term of C. Cox) Applicants: Chadwyn D. Cox, Kent Neilson, Craig A. Rose, Mark Schuppener, Engene (Gene) Siegert. Chad Cox spoke requesting reappointment. Kent Neilson spoke requesting appointment. Council Member Pratt moved that Chad Cox be reappointed to a six year term on the Air- port Commission which will expire September 14, 1996. Seconded by Coun. cil Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholeon, Pratt, Voetberg. Nays-None. Petition of Cheryl A. Vandermillen re- questing to address the Council with a personal concern, presented and read. Mrs. Vandermillen spoke requesting in. vestigation of specific departments. Coun' cil Member Pratt moved that the petition be received and filed. Seconded by Coun- cil Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Petition of David Canganelli requesting to address the Council to express a con. cern, presented and read. Mr. Canganelli, 75 S. Grandview, objected to eminent do- main process by IA DOT for Dodge St. reconstruction. Council Member Pratt moved that the petition be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Council recessed at 10:26 p.m. Council reconvened at 10:43 p.m. Communication of Zoning Commission requesting Council to reconsider its pro' poeed action to exempt office development from the recently imposed OR District moratorium, presented and read. Council Member Pratt moved that the communi, cation be received and filed. Seconded by Council Member Kluesner. Council Member Voetberg moved adoption of the Reaolution. Secooded by Council Member Nicholson. Carried by tbe following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Repealing Ordinance No. 64-90 which established a moratorium on the issuance of Building Permits for new contruction in the OR Office Residential District in the City and adopting a new Ordinance amending Section 11.58 pro' viding for a Moratorium on the issuance of building pennits for new construction, other than construction for general offices, in the OR Office Residential District in the City of Duboque, Iowa, presented and read. Council Member Pratt moved that this be considered the first reading of the Ordinance and that the requirement that an 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. Second. ed by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich. Kluesner, Nicholson, Pratt, Voetberg. Nays-None. (OFFICIAL PUBLICATION) ORDINANCE NO. 76-90 AN ORDINANCE REPEALING ORDINANCE NO. 64.90, WHICH ESTABLISHED A MORATORIUM ON THE IS- SUANCE OF BUILDING PER- MITS FOR NEW CONSTRUC- TION IN THE OR OFFICE RESIDENTIAL DISTRICT IN THE CITY OF DUBUQUE, lOW A, AND ADOPTING A NEW ORDINANCE NO. 76.90, AMENDING SECTION 11.58 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, PRO. VIDING FOR A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR NEW CONSTRUCTION, OTHER THAN CONSTRUC. TION FOR GENERAL OF. FICES, IN THE OR OFFICE RESIDENTIAL DISTRICT IN THE CITY OF DUBUQUE, IOWA. Whereas, the City Council is concerned with uses in the OR Office Residential District that permit high density, multi. family uses that may not be consiatent with the general purpose of the OR Office Residential District; and Wbereas, tbe City Council has re- queated the Zoning Commission to stndy the regulations relating to the OR Office Residential District, and to make its recommendation to the City Council for Zoning Ordinance Amendments; and Whereas, the Zoning Commission will form a committee to study the OR Office Residential District for redevelopment 0p- portunities, appropriate use of land and tbe promotion of compatible land uses in, along and adjscent to the OR District; and Regular Session, September 17, 1990 Whereas, tha City Council desires to established a moratorium on the isauance of bnilding permits for new construction, excluding repairs to existing structures, and excluding construction related to general offices, while the OR Office Residential District is being studied by the Zoning Commission and the City Council NOW THEREFORE, BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. Ordinance No. 64.90 is hereby repealed. SeciJon 2. Section 11.58 of the City of Duboque Code of Ordinances is amended by adding thereto the following. "(e) No bnilding permit for new construe. tion within the OR Office Residential District, as shown on the Official Zoning Map, other tban construction relatiog to the principal permitted use of general of. fices, shall be issued by the building of. ficial from the date of the publication of this ordinance for a period of one hundred eighty (160) days tbereafter. The mora. torium provided for herein shall not be construed to deprive any person, firm or corporation of a vested right that such peraon, firm or corporation may have ac. quinsd as a matter of law for the issuance of a building permit as of the effective date of tha adoption of this ordinance. Any person, firm or corporation a¡¡grieved by or adversely affected by the building official's refusal to issue a building per- mit pursuant to this moratorium shall ap- peal tberafrom to the City Council of the City of Dubuque:' Passed, approved and adopted this 17th day of September, 1990. Jam.. E. Brady Mayor Attest: Mooy A. Davis City Clerk Published officially in the TeÚlgrnph Herold newspaper this 21st day of September, 1990. Mooy A. Davis City Clerk It 9/21 Communication of City MIU1IIer re- quaating CounciI approve renovation work at the McAleece Park and Recreation CompIez, oubject to a futura bud¡¡et amendmont. preaented and read Council Membar Pratt moved that the communi. cation be received and filed and approved the request. Seconded by Council Member V ootberg. Carried by the following vote: Yeas-Mayor Brady, Council Members 509 Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager re- questing approval to execute an agree. ment with IDOT for the use of a portion of Central Ave. as a detour routa asso- ciated with the Highway 61 construction project, presented and read. Council Member Kluesner moved that tbe com. munication be received and filed. Second. ed by Council Member Pratt. Carriad by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicbolson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 394-90 AUTHORIZATION FOR DE. TOUR ROUTE FOR PRIMARY HIGHWAY SYSTEM Wbereas, the Iowa Department of Transportation bas requested that tbe City execute an agreement for the use of Central Avenue between 4th and 5th Streets as a detour route for it's primæy highway within the City; and Whereas, the detour is requinsd as a result of construction activities asaocisted witb tbe Higbway 61 Project in the City; and Whereas, traffic currently using the primary highway system would be detoured southbound on Central Avenue between 4th and 5th Streets: and Whereas, an asseasment will be made of the detour route by representatives of I.D.O.T. and the City prior to tha im. plementation of the datoor and on the removal of the detour to detennine what, if any, damages have occurred to the con. dition of the pavement as a result of tha detour; and Whereas, the agreement provides that tha Iowa Department of Transportation will restore the street to its previous con. dition at tbeir coat. NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. Thet the agreement with the Iowa Department of Transportation for the use of Central Avenua between 4th and 5th S- as a detoor routa for the Highway 61 primary system be approved. Section 2. That the Mayor be authorized and directad to axecut4 the attachad _t with the Iowa Department of Tranaportatibn. -~ 510 passed, approved and adopted this 17th day of September, 1990. James E. Brady Mayor Regular Session, September 17, 1990 Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the follow' ing vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholeon, Pratt, Voetberg. Nays-None. Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Coun' cil Member Pratt. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Chairman of DMATS requesting to seek support from tbe City of Dubuque for an initiative to help to complete the Nortbwest Arterial' -one of the vital links in the DMATS 2008 Long Range Transportation Plan, presented and read. Council Member Kluesner moved tbat the communication he received and filed and approved request and join in the request to the IDOT (designate and extend 366). Seconded by Council Member Pratt. Carried by tbe following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Rehabilitation of the msin entrance from 13th Street and upgrading the staIr- well from the 1st to 2nd floor in City Hall (tabled from last meeting) and recom' mending to table to meeting of 10-1.90, presented and read. Council Member Pratt moved that this be tabled to the Oc- tober 1st council Meeting. Seconded by Council Member Kluesner. carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. \ I 1\ RESOLUTION NO. 396-90 NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied witb the provisions of law relating to the sale of Cigarettes within the City of Du- buque, Iowa, be granted a pernùt to sell Cigarettes and Cigarette Papers within said City. Venture Stores, Inc. 255 J.F.KennedY Rd passed, approved and adopted this 17th day of September, 1990. James E. Brady Mayor 'I 'II ,I', Attest: Mary A. Davis City Clerk RESOLUTION NO. 396-90 Whereas, APplications for Beer PernÚts have been submitted and filed to this Council for approval and the same have been examined and approved; and Wbereas, The premises to be occupied by sucb applicsnts were inspected and found to comply with the Ordinances of this City and bave filed proper bonds; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. that the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT pizza Hut of Dubuque No.2, Inc.. Pizza Hut, 320 E. 20th St. (Sunday Sales) Holy Trinity parish 14 Day Permit 1700 Lincoln (Sunday Sales) CLASS "c" BEER PERMIT Dennis A. Althaus, Family Mart, Inc. 3201 Central Ave. (Sunday Sales) Kopple's Market, Inc., Kopples Market 1098 University (Sunday Sales) The Lincoln Company, Casey's General Store, 4003 Peru Rd. (Sunday Sales) Rsinbo Oil Company, KWIK STOP FOOD MART, 2360 Central (Sunday Sales) passed, approved and adopted this 17th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the follow' ing vote: Yeas-Mayor Brady, Council Membera Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 397.90 Whereas, applicationa for Liquor Licenses bave been submitted to this Regular Session, September 17, 1990 511 Council for approval and the same bave 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 thereto and they have filed proper bonda; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Man8ll"r be authorized to cauæ to be issued the following named ap- plicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER A.ND LIQUOR LICENSE Dubuque Motor Hotels, Inc.. Holiday Inn, Dubuque, 1111 Dodge St.(Sonday Sales) CLASS "c" (COMMERCIAL) BEER AND LIQUOR LICENSE Admiral's Hi.Hat West, Inc. 253 Msin St. (Sunday Sales) P.M.8.T. Inc.. Happy's Place, 2323 Rockdale (Sunday Sales) LeRoy A. Miller, Whitey's Bar'X 2616 Windsor (Sunday Sales) Angela Mangeno, Hard Times Tavern 1401 Elm St. (Sunday Sales) Passed, approved and adopted this 17th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. MINUTES SUBMITTED - Akport Commission of 8-14 & 8-20; Historic Preservation Commission of 8.8, 8-22 & 8-29; Housing Code Appeals Board of 8,21; Librooy Board of Trustees of 8.23; Park & Recreation Commission of 8-21; Zoning Commiasion of 8.1; Five Flags Corornission's y""""nd report for fiscal year 1990, presented and read. Council Member Voetberg moved that the minutes be received and filed. Secoad. ed by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. NOTICES OF CLAIMSISUITS- James & Patricia Abitz in estimated amount of $1067.24 for car damages; Tom Bardon in amount of $150.00 for vehicle damages; Wayne Bonnett in amount of $265.40 for vehicle damages; Ramona Hauptman in unknown amount for personal injuries; Joho and Kathy Kapparos in amount of $2000.00 for damages as a result of aotomobile accideo~ James Keanin amount of $67.20 forvehi- cle dam8ll"S; Mae Noel in amount of $40.20 for personal injuries; Dale Schroeder in amount of $250.00 for per. sonal injuries; Betty Vanderloo in unknown amount for personal injuries, presented and resd. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for in. vestigation and report. Seconded by Coon. cil Member Pratt. Carried by tbe follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communications of Corporation Counsel recororoending to administrative- ly close sewer backnp claim of Greg & Jane Luchsinger and personal injury clsim of Genevieve Miller, presented and read. Council Member Voetberg moved that the communications be received and filed and approved reconunendations. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of Publication, certified to by the Publisher, on List of claims for month ending June, 1990, presented and read. CounciI Member Voetberg moved that the proof be received and filed. Seconded by Council Member Pratt. Carried by tbe following vote; Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Dubuque Symphony Orchestra expressing appreciation for sup- port given by Council regarding the Labor Day Weekend Pops Concert, presented and read. Council Member Voetberg moved that the communication be re- ceived and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Mem. bers Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Petition of Bethany Home requesting vacation of the 25 foot Schiller Street from the West property line of Lincoln Ave. to the East property line of High Bluff, presented atld read. Council Member " 512 Regular Session, Se¡>,tember 17, 1990 Voetberg moved that the petition be re- ferred to the City Manager and Staff. Seconded by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Petition of Steven Lampe requesting pennission to construct a stairway and landing at 900 Central, presented and read. Council Member Voetberg moved that the petition be referred to the City Manager and Staff. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Mem. bers Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Petition of Dubuque County requesting suspension or reDÚssion of taxes on ac- count of age or infirmity for a City resi- dent, presented and read. Council Member Voetberg moved that the petition be ap' proved. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Zoning Commission advising of their approval of final plat of the Subdivision of Lot 2 of 2 of 2 of the Dubuque Industrial Center 5th Addition located South of the intersection of Cbavenelle Drive and Radford Road, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Coun- cil Member Pratt. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholeon, Pratt, Voetberg. Nays-None. RESOLUTION NO. 396-90 A RESOLUTION APPROVING THE FINAL PLAT OF LOT 2 OF 2 OF 2 OF THE DUBUQUE INDUSTRIAL CENTER 5TH ADDITION Whereas, there has been filed with the City Clerk a final plat of the subdivision of Lot 2 of 2 of 2 of the Duhoque In. dustriaI Center 5th Addition in the City of Dubuque, Iowa; and Whereas, said final plat has been ex- amined by the City Zoning Commission and they find the same conforms to the statues and or<Ünancea relating thereto: and Whereas, ssid final plat has been ap' proved by the Zoning Commission on the conditions that Lot 1 of 2 of 2 of 2 be com. bined with other contiguous lots under the same ownership at the next sale of those properties unless such combination of lots will materially affect existing restrictive convenance and the seller will need to determine if the convenance will be materially effected; and Whereas, said final plat has been ex. amined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto: and Whereas, City Council concurs in the conditions of the spproval established by the Zoning Commission. NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described finsi plat be and the same is hereby approved and that the Mayor and City Clerk be and are hereby authorized and directed to en- dorse the approval of the City of Du. buque, Iowa upon said final plat provid. ed that the owner of said property shall execute s written acceptance hereto at. tached acknowledging and agreeing that Lot 1 of 2 of 2 be combined with other con- tiguous lots under the same ownership at the next sale of those properties unless such combination of lots will materially affect existing restrictive covenance (the seller will determine if the covenance will be materially affectedl. Section 2. That in the event the owner falls to execute the acceptance provided for in Section 1 herein within 45 days after the date of this resolution the provision herein shall be noll and void and the ap- proval of the plat shall not be effective. Passed, approved and adopted this 17th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 398-90 We, the undersigued, Loras Kluesner and William D. Schrup, officers of Du- buque In.Futuro, Inc. having read the terms and conditions of the Resolution No. 398.90 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions reqnired tberein. Dated in Dubuque, Iowa this 25th day of October, 1990. By sILoras Klueaner By slWilliam D. Schrup Regular Session, September 17, 1990 513 Council Member Voetberg moved edop- tioo of the Reaolution. Seconded by Coun- cil Member Pratt. Carried by tbe follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nay-None. Communication of Zoning Commission advising of their approval of final plat of the Subdivision of Portzen Commercial Pack located on Pennsylvania Avenue be- tween Embassy West and Radford Road, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Coun. cil Member Pratt. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 399-90 A RESOLUTION APPROVING THE FINAL PLAT OF PORT. ZEN COMMERICIAL PARK IN THE CITY OF DUBUQUE, IOWA. Wbersas, there has been filed with tbe City Clerk a final plat of the Subdivision of Portzen Commercial Park in the City of Dubuque, Iowa; and Whereas, said final plat bas been ex. amined by the City Zoning Commission and they find tbat tbe same conforms to the statues and ordinances relating thereto: and Whereas, said final plat has been ap- proved by the Zoning Commission on the conditions that: 11 Lot 5 be combined with Lot 2 of North Range Subdivision No.1 as per the North Range Court Planned District Or- dinance No. 48-90 by December, 1992. 2) Lot 6 be dedicated to public right'of- way by December, 1992. 31 That the developer must provide the City's Engineering staff with detailed plana on how storm water drainage is handled and have those approved before any oonatnIction takes place. Tbeos plans must show that run-off will not be directed to lots downhill or to the north of the subdivision. 4) The developer moat provide City's Engineering staff with plana showing the proposed locations of water and sanitooy sewer service. Whereas, said final plat bas been ex. amined by the City Council and they find that the same conforms to the statues and ordinances relating thereto; and Whereas, the City Council concurs in the conditions of the approval establish. ed by the Zoning Commission. NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectinn 1. That the above-<leacribed finsi plat be and the same is hereby approved and the Mayor and City Clerk be and are hereby authorized and directed to endorse the approval of the City of Duboque. Iowa upon ssid final plat provided that the owner of ssid property shall execute a written acceptance hereto attacbed acknowledging and agreeing. a. That Lot 5 be combined with Lot 2 of North Range No.1 as per the North Range Court Planned District Ordinance No. 48-90 by December, 1992. b. That Lot 6 be dedicated to public rigbt-of.way by December, 1992. Section 2. That in the event the owner fails to execute this acceptance provided for in Section 1 herein within 45 days after the date of this resolution, the provision berein shall be null and void and the ap- proval of the plat sball not be effective. Passed, approved and adopted this 17th day of September, 1990. James E. Brady Mayor Attest: Mooy A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 399-90 I, the undersigned, Mike Portzen, hav. ing read the terms and conditions of the Resolution No. 399-90 and being familiar with the conditiona thereof, hereby accept the same and agree to the conditions re- quired herein. Dated in Duhoque, Iowa this 27 day of September, 1990. I~~I'I~ Þ' ~]. By: s/Mike Portzen Council Member Voetberg moved adop- tion of the Reaolution. Seconded by Coon. cil Member Pratt. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. ~Wj'.ltl IjÍilWr~;~1 :".,,!~lIl:illJl: Petition containing 67 signatures re- questing Citý to install sidewalks on one 514 Regular Session, Sep.tember 17, 1990 Pratt, Voetberg. Nays-None. or both sides of Rockdale Road from Fox Drive to Grandview Ave. for various reasons, presented and read. Mrs. Helen Molo and Dr. Donovan Ward addressed tbe Council voicing their objections to con. struction of a sidewalk in their ",-ea. Council Member Pratt moved that the petition be referred to tbe City Manager and Staff. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager recom. mending acceptance of contract for con. struction of the Nicholas J. Sutton Swim. ming Pool, presented and read. Council Member Voetberg moved that the com- munication be received and filed. Se- conded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. ACCEPTING IMPROVEMENT RESOLUTION NO. 400-90 Whereas, the contract for the MUNICIPAL POOL RECONSTRUC. TION PROJECT has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifica. tions and recommends its acceptance. NOW, THEREFORE, BE IT RE. SOLVED, by the City Council of the City of Dubuque, Iowa, that the recommenda- tion of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Obligation Bonds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed. approved and adopted this 17th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun- cil Member Pratt. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, FINAL ESTIMATE RESOLUTION NO. 401.90 Whereas, the contract for the MUNICIPAL POOL RECONSTRUC. TION PROJECT has been completed and the Engineer has submitted his final estimate showing the cost thereof in. cluding the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said im. provement is hereby determined to be $1,385,884, and the said amount shall be paid from the General Obligation Bonds of the City of Dubuque, Iowa. Passed, approved and adopted, this 17th day of September, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Coun- cil Member Pratt. Carried by the follow. ing vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager presenting Fiscal Year 1992 Budget Policy Guidelines, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Car. ried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Mr. Eldon Pfohl spoke regarding his property on Central and Windsor Ave. 11:37 p.m. Council Member Kluesner moved that they go into Closed Session in accordance with Chapter 20.17(3) of the 1989 Code of Iowa, as amended, for the purpooe to <tiøcuas Colleetive Bargaining Strategy. Seconded by Council Member Voetberg. Carried by the following vote. Yeas-Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. 12:07 a.m. Council reconvened into Regular Session. There being no further business, Coun. cil Member Nicholson moved to adjourn Regular Session, September 17, 1990 the meeting. Seconded by Mayor Brady. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Kluesner, Nicholeon, Pratt, Voetberg. Nays-None. Meeting adjourned - 12:08 a.m. Sept. 18, 1990. 515 ~12~ City Clerk ,- !I'~ ,c' :,' ~i.~1 "