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1994 November Council ProceedingsRegular Session, November 7, 1994 354 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, November 7, 1994 Council met at 7:30 p m., Public Library Auditorium Present _ Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg, City Manager Michael C Van Milligen, Corporation Counsel Barry A Lindahl Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev Ed Novak, Pastor of St Peter's Lutheran Church PROCLAMATIONS — November 6-12 as "Key Club Week", received by Kara Klass, November 14th as "Operating Room Nurse Day" received by Jane Boge: November 14-20 as "Youth Appreciation Week" received by Steve Boyd & Ron Bock: November 20-17 as 'National Bible Week". Dick Landis introduced Sophie Sakvarelidze from the Republic of Georgia and Mayor Duggan read and presented a proclamation welcoming her to the City of Dubuque MINUTES SUBMITTED — Airport Commission of 8-9, 8-22 & 9-6; Cable TV Regulatory Commission of 10-12: Civil Service Commission of 5-11, 6-20 & 7-18; Environmental Stewardship Commission of 10-11, Five Flags Commission of 10-24: Housing Commission of 10-11: Investment Oversight Commission of 10-20 AND Quarterly Report; Long Range Planning Commission of 10-19; Park & Recreation Commission of 10-15, Plumbing Board of 10-11, presented and read Council Member Nagle moved that the minutes be received and filed Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Convention & Visitors Bureau submitting their quarterly report, presented and read. Council Member Nagle moved that the report be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Substance Abuse Services Center submitting their 1st quarterly report, presented and read Council Member Nagle moved that the report be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None NOTICES OF CLAIMS/SUITS — Roger E & Shirley A. Eppler in unknown amount for personal injuries: Iowa Department of Transportation vs. Carroll C and Judy Clark d/b/a Quick Clean Laundry submitting petition regarding condemnation of land on Dodge St; Iowa Department of Transportation vs. Randall & Mildred Dolter d/b/a Burger Express submitting petition and Notice of Appeal regarding condemnation of land on Dodge St; Lisa M. Lessen in unknown amount for personal injuries: Alfrieda Miersen in amount of $1500 00 for personal injuries: Timothy Rellihan in amount of $371 74 for vehicle damages, presented and read Council Member Nagle moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Corporation Counsel advising following claims have been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool_ Truck damage of David I. Luber; Car damage of Lee Ann Luorrain; Personal injury of William R. Timmerman; Personal injury of Julia A. Von Ah, presented and read Council Member Nagle moved that the communication be received and filed Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Corporation Counsel recommending denials of car damages claim of Thomas V Kelly and property damage of Brian Sullivan, presented and read Council Member Nagle moved that the communication be received and filed and denials approved. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Corporation Counsel recommending settlement of truck damage claim of Timothy Rellihan in the amount of $37174, presented and read Council Member Nagle moved that the settlement be approved and Finance Director to issue proper check. Seconded by Council Member Nicholson. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Barbara I. McDermott appealing denial of car damages claim, presented and read Council Member Nagle moved that the appeal be referred to the City Manager Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Robert C Roethig, Jr, requesting full payment of his claim for vehicle damages, presented and read Council Member Nagle moved that the 355 Regular Session, November 7, 1994 appeal be referred to the City Manager. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None October 17, 1994 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1993 Code of Iowa, the Civil Service Commission conducted written promotional examinations on September 12, & 13, 1994 for the positions of FIRE CAPTAIN, FIRE EQUIPMENT OPERATOR AND FIRE LIEUTENANT. We hereby certify that the following members of the Fire Department have passed these written promotional examinations and promotion for the positions should be made from the appropriate lists_ FIRE CAPTAIN FIRE EQUIP OPER Robert I. Baker JeffUdelhofen Daniel Sullivan Terry Stewart Joseph A Blodgett Christopher A Lawrence Scott A Neyens Frederick C Welke Roger A Voss Mark S Wilson Robert K. Laubscher, Jr Gary Kramer Thomas I. Ready FIRE LIEUTENANT Ieff Udelhofen Christopher I Miller Terry Stewart Michael G_ Knowles Mark S Wilson Michael E. Gabriel Mark Ludescher Respectfully submitted, RI Thomas E Rawson Chairperson is/ John A Markham Civil Service Commission Council Member Nagle moved that the list be approved and resolved to make it a matter of record. Seconded by Council Member Nicholson. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Iowa Department of Transportation submitting Notices in the Matter of Condemnation of certain rights in land owned by University of Dubuque et al: YMCA -YWCA Building Corp_ et al (also amendment): Apex Oil Company et al: Plaza 20, Inc_ et al: Rambo Oil Company et al: Transport Sales Company: Weaver Enterprises, Ltd, et al: Charles I Murphy et al: and Stephen F_ Hardie et al, presented and read Council Member Nagle moved that the Notices be received and filed Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None REFUNDS REQUESTED — Joy Brown, $50 00 on unexpired Cigarette License, presented and read. Council Member Nagle moved that the refunds be approved and Finance Director to issue the proper check. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Proof of Publication certified to by the Publisher on List of Claims paid for the month of September, 1994, presented and read Council Member Nagle moved that the proof of publication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Petition containing appror 20 signatures submitting complaints regarding their neighbor at 1720 Wood St_, presented and read Council Member Nagle moved that the petition be referred to the City Manager Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager advising of receipt of 1994 Public Interest Defense Award from National Association of Telecommunications Officer_ and Advisors, presented and read Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager recommending acceptance of Pennsylvania Avenue at Hempstead High School Traffic Signals, presented and read Council Member Nagle that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 339-94 ACCEPTING IMPROVEMENT Whereas, the contract for the Pennsylvania Avenue at Hempstead High School Traffic Signals 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 tams of the contract, plans and specifications and recommends it acceptance NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the recommendation of the City Manager be approved and that 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 Street Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Regular Session, November 7, 1994 356 RESOLUTION NO. 340-94 FINAL ESTIMATE Whereas, the contract for the Pennsylvania Avenue at Hempstead High School Traffic Signals has been completed and the City Fneineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the cost of said improvement is hereby determined to be $30,525 23 and the said amount shall be paid from the Street Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Nicholson earned by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager recommending acceptance of 1993 Asphalt Paving Project, presented and read Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 341-94 ACCEPTING IMPROVEMENT Whereas, the contract for the 1993 Asphalt Paving 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 terry_ of the contract, plans and specifications and recommends it acceptance NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the recommendation of the City Manager be approved and that 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 Street Construction Fund, the Parking Fund, the General Fund, and the Local Option Sales Tax Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 342-94 FINAL ESTIMATE Whereas, the contract for the 1993 Asphalt Paving Project has been completed and the City Fneineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the cost of said improvement is hereby determined to be $464,10276 and the said amount shall be paid from the Street Construction Fund, the Parking Fund, the General Fund, and the Local Option Sales Tax Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager recommending acceptance of 1993 Asphalt Paving and Alley Reconstruction project, presented and read Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 343-94 ACCEPTING IMPROVEMENT Whereas, the contract for the 1993 Asphalt Paving and Alley Reconstruction 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 tams of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the recommendation of the City Manager be approved and that 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 Tax Increment Financing Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 344-94 FINAL ESTIMATE 357 Regular Session, November 7, 1994 Whereas, the contract for the 1993 Asphalt Paving and Alley Reconstruction Project has been completed and the City Fneineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the cost of said improvement is hereby determined to be $127,995 25 and the said amount shall be paid from the Tax Increment Financing Funds of the City of Dubuque, Iowa Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager recommending support to Dubuque Main Street for the Great American Main Street Award of the National Main Street Center, presented and read Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 345-94 RESOLUTION AUTHORIZING THE SUBMITTAL OF THE GREAT AMERICAN MAIN STREET AWARD APPLICATION TO THE NATIONAL MAIN STREET CENTER Whereas, for the past ten years the City of Dubuque has been a public partner with Dubuque Main Street, Ltd., in the revitalization of downtown Dubuque; and Whereas, the economic health and cultural vibrancy of downtown Dubuque is crucial to the overall well-being of the City of Dubuque; and Whereas, the City of Dubuque wholeheartedly supports the activities of Dubuque Main Street, Ltd, through its technical and financial contributions to the revitalization effort and materially participates in efforts to revitalize downtown Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Mayor is hereby authorized to sign and submit this resolution in support of Dubuque Main Streets application for the Great American Main Street Award of the National Main Street Center Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Robbins moved that the rules be suspended to allow anyone present to address the Council Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Proof of Publication certified to by the Publisher on Notice of Hearing to grant to John N_, James H and Elizabeth B_ Gronen the right to construct and maintain a septic system easement on property located at 4900 Peru Road and communication of City Manager recommending approval of easement, presented and read Council Member Robbins moved that the proof and communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 346-94 Whereas, pursuant to notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation in the City of Dubuque, Iowa on the 28 day of October, 1994, the City Council of the City of Dubuque, Iowa met on the 7th day of November, 1994 at 7 30 p nr in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the proposal to dispose of the Cirys interest in real estate described in the attached Septic System Easement incorporated herein by reference. Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of the City's interest in the real estate described in the attached Septic System Easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 The disposal of the interest of the City of Dubuque, Dubuque County, Iowa in the real property described in the attached Septic System Easement is hereby approved for the cost of publication and filing fees Section 2 The Mayor is authorized and directed to execute the Septic System Easement and the City Clerk is hereby authorized and directed to deliver said easement to John N_, James H., and Elizabeth B. Gronen upon receipt of the above fees. Section 3 The City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and the Septic System Easement at the offices of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Robbins moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Proof of Publication certified to by the Publisher on Notice of Public Hearing to rezone Regular Session, November 7, 1994 358 property at 125 W 9th St from C-4 to OR District and communication of Long Range Planning Commission advising of their support of this rezoning request, presented and read Council Member Voetberg moved that the proof and communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None An Ordinance Amending Zoning Map by reclassifying property located at 125 W 9th Street from C-4 Downtown Commercial District to OR Office Residential District, said Ordinance having been presented and read at the Council Meeting of 10-17-94, presented for further action (OFFICIAL PUBLICATION) ORDINANCE NO. 59-94 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 125 W. 9TH STREET FROM C-4 DOWNTOWN COMMERCIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from C-4 Downtown Commercial District to OR Office Residential District, to wit All of City Lot 168 and City Lot 168A and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2 The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa Section 3 This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 7th day of November, 1994. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of November, 1994 It 11(15 Mary A Davis, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it Is to be finally passed be suspended Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Nicholson, Robbins, Voetberg Nays—None Absent—Council Members Krieg, Nagle. Council Member Voetberg moved final consideration and passage of the Ordinance Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Proof of Publication certified to by the Publisher on Notice of Public Hearing to rezone property at 3049 Asbury Road from C-3 to C-2 District, presented and read Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None An Ordinance Amending Zoning Map by reclassifying property located at 3049 Asbury Road from C-3 General Commercial District, with Conditions, to C-2 Neighborhood Shopping Center District, first reading only given 10-17-94, presented for further action (OFFICIAL PUBLICATION) ORDINANCE NO. 60-94 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3049 ASBURY ROAD FROM C-3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from C-3 General Commercial District, with conditions to C-2 Neighborhood Shopping Center District, to wit Lot 1 of Vonwald Place No 2 and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2 The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa Section 3 This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 7th day of November, 1994. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of November, 1994 It 11(15 Mary A Davis, City Clerk Council Member Kluesner moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it Is to be finally passed be suspended Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Robbins moved final consideration and passage of the Ordinance Seconded by Council Member Kluesner Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Proof of Publication certified to by the Publisher on Notice of Public Hearing to rezone property at northwest corner of IFK Rd. and Sunset Park Circle from R-4 to PR District, presented and read Council Member Kluesner moved that the proof of publication be received 359 Regular Session, November 7, 1994 and filed. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Attomey A Hughes on behalf of Ecumenical Housing, Inc requested rezoning approval. An Ordinance Amending Zoning Map by reclassifying property located at the Northwest corner of John F. Kennedy Road and Sunset Park Circle from R-4 Multi -Family Residential District to PR Planned Residential District and adopting a Conceptual Development Plan, first reading only on 10-17-94, now presented for further action (OFFICIAL PUBLICATION) ORDINANCE NO. 61-94 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE NORTHWEST CORNER OF JOHN F. KENNEDY ROAD AND SUNSET PARK CIRCLE FROM R-4 MULTI -FAMILY RESIDENTIAL DISTRICT TO PR PLANNED RESIDENTIAL DISTRICT AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That in order to accomplish the purposes of the PR Planned Residential District of the Zoning Ordinance of the City of Dubuque, Iowa, the zoning reclassification from R-4 Multi - Family Residential District to PR Planned Residential District and conceptual development plan for Kennedy Manor, a copy of which is attached hereto and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 25, Block 4, Sunset Park Subdivision and to the center line of the adjoining public right- of-way, all in the City of Dubuque, Iowa. Section 2 Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the reclassification, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification A Use Regulations_ The following regulations shall apply to all uses made of land in the above described PUD District 1) Principal permitted uses shall be limited to seventy-eight dwelling units in six (6) buildings on the 4 66 acre parcel. 2) No secondary or contingency uses shall be permitted 3) Accessory uses shall include any use customarily incidental and subordi- nate to the principal use it serves_ B_ Lot and Bulk Regulations_ Development of land in the PUD District shall be regulated as follows 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. 2) All other bulk regulations of the R-4 Multi -Family Residential District shall be met for constmction of all buildings and structures, as established in Section 3-15 of the Zoning Ordinance of the City of Dubuque, Iowa. C Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards 1) Lighting shall be provided per City standards 2) All utilities including telephone and cable television shall be installed underground. 3) Sidewalks shall be placed four (4) feet behind the curb parallel to the street on all public street frontages and constructed in accordance with City standards 4) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to constmction of each building or structure unless otherwise exempted by Section 4-4. D. Open Space and Recreational Areas Those areas not designated on the conceptual development plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association E Sign Regulations_ The sign regulations shall be in accordance with the R-4 Multi -Family Residential District as established in Section 4-3.11 of the Zoning Ordinance. F_ Additional Standards 1) The conceptual development plan shall be valid for a period of five (5) years provided a final site development plan is submitted within two (2) years from the date of approval. 2) That 115 off-street parking spaces shall be provided G_ Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district H Reclassification of Subject Property The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the R-4 Multi -Family Residential District in accordance with Section 6 of the Zoning Ordinance if the property owner(s) fail(s) to complete or maintain any of the conditions of this ordinance L Modifications Any modifications of this Ordinance must be approved by the City Council in Regular Session, November 7, 1994 360 accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. I. Recording. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns_ Section 3 The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa Section 4 The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 7th day of November, 1994. Terrence M. Duggan, Mayor ATTEST: Mary A Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 61-94 I, James L Yeast, representative for Ecumenical Housing, Inc, property owner(s), having read the tams and conditions of the foregoing Ordinance No. 61-94 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein Dated this 9th day of November, 1994 Ecumenical Housing, Inc By RI James L Yeast Published officially in the Telegraph Herald newspaper this 23rd day of November, 1994 It 11!23 Mary A Davis, City Clerk Council Member Kluesner moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Voetberg moved final consideration and passage of the Ordinance Seconded by Council Member Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider disposing of City's interest on property located contiguous to 2461 Kerper Blvd and communication of City Manager recommending approval to dispose of property, presented and read. Council Member Nagle moved that the proof and communication be received and filed. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 347-94 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 28th day of October, 1994, the City Council of the City of Dubuque, Iowa met on the 7th day of November, 1994, at 7:30 p m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as Lot 2A of Block 14 of River Front Subdivision No. 3 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the hereinabove described real estate to Kerper Realty Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot 2A of Block 14 of River Front Subdivision No 3 in the City of Dubuque, Iowa to Kerper Realty Company be and the same is hereby approved for the sum of $4,965.00, plus publication and filing fees: conveyance shall be by Quit Claim Deed Section 2 That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above named grantees upon receipt of the purchase price in full. Section 3 The City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv_ cable and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4 That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor Passed, approved and adopted this 7th day of November, 1994. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Nagle moved adoption of the Resolution Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider disposing of City's interest on property located on Kerper Blvd., and communication of City Manager recommending approval to dispose of property, presented and read Council Member Robbins moved that the proof and communication be received and filed. Seconded by Council Member Voetberg Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 348-94 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general 361 Regular Session, November 7, 1994 circulation published in the City of Dubuque, Iowa on 28th day of October, 1994, the City Council of the City of Dubuque, Iowa met on the 7th day of November, 1994, at 7:30 p m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as Lot 1A of Block 5 of River Front Subdivision No. 3 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the hereinabove described real estate to Whalen Industries, Inc NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot lA of Block 5 of River Front Subdivision No 3 in the City of Dubuque, Iowa to Whalen Industries, Inc be and the same is hereby approved for the sum of $13,000.00, plus publication and filing fees: conveyance shall be by Quit Claim Deed Section 2 That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above named grantees upon receipt of the purchase price in full. Section 3 The City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t _ cable and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4 That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Robbins moved adoption of the Resolution Seconded by Council Member Voetberg Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager responding to University of Dubuque/U.S. 20 Traffic Study (Deferred from meeting held on 10-17-94), presented and read Council Member Nicholson moved that the matter be removed from the table. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Communications received from Bob & Arlene Mentzer, Marcella Tigges, Herman Meier, Mr & Mrs Charles Banwarh, Frederick M & Virginia Rohner, Denice Bergfeld, Richard O. Blum, Glen C. and Jeanne R. Kane, Don & Kay Sloan, William E & Janet L Russell, Dorothy Stmb, Bob & Jeanette Schreiber, Robert W. & Marian R. Gehrig, Leo McCormick, Dorothy & Warren Wick, David M. Hunt, Tom & Aimee Ellis, John Leyland, Harold G. and Kay Borsheim, Carole A. and Thomas I Carroll, Elmer Suter, Rev Lyle Wilgenbusch, Pastor of Sr Joseph the Worker Church, Judith A Seeugling, Patti and Mike Carr, Francis L McDermott supporting the report as submitted by FOR Fneineering Inc and requesting Council to concur with denial of access to Highway 420 as requested by University of Dubuque, presented and read. Council Member Nicholson moved that the communications be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Nicholson amended the motion of 10-17-94 (to receive and file the study received from HDR & State that we - the Council concur with the recommendation), to receive and file the report of FOR, to accept the projected delays to traffic flow in the year 2017: to refer to IDOT and recommend their approval of a full -access, signalized intersection at University Plaza and Plaza 20 with no delays in current construction schedules: and further, if IDOT approves HDRS report, Dial Cory_ & the University of Dubuque file a revised Conceptual Plan showing the access and that Plan shall be subject to Final City Council review at a Public Hearing. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—Mayor Duggan. Council recessed at 8 29 p rn: Council reconvened at 8:48 p m. Proof of Publication certified to by the Publisher regarding a waiver petition on an agreement with TCI Cablevision providing for a series of fiber optic connections to the Iowa Communications Network, and communications from Mercy Health Center, Northeast Iowa Community College, Lords College, Clarke College, Keystone Area Education Agency, Archdiocese of Dubuque Office of Educational Services, Cable TV Regulatory Commission, Cable Community Teleprogramming Commission, Dubuque Community School District and University of Dubuque supporting the proposed agreement, presented and read Council Member Nicholson moved that the proof and communications be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 349-94 RESOLUTION (1) APPROVING AND GRANTING THE OCTOBER 3, 1994 PETITION OF THE CABLE TV REGULATORY COMMISSION AND TCI OF IOWA, INC, (2) GRANTING WAIVERS OF SPECIFIED REQUIREMENTS CONTAINED IN CABLE FRANCHISE ORDINANCE NO. 42-81 SECTION 6.2 TO SEPTEMBER 30, 2001 AS REQUESTED IN THE PETITION, (3) APPROVING AND Regular Session, November 7, 1994 362 AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN TCI OF IOWA, INC. AND THE CITY TO BUILD CERTAIN FIBER OPTIC COMMUNICATIONS SYSTEM COMPONENTS AS REQUESTED IN THE PETITION Whereas, TCI of Iowa, Inc, dba TCI Cablevision of Dubuque, Inc is the Grantee to the Dubuque Cable Services Delivery Franchise, Ordinance No 42-8L and Whereas, the Grantee's representatives have entered into extensive good faith negotiations with the Citys Cable Franchise Administrator and the Cable TV Regulatory Commission to upgrade technology and services required by Ordinance No 42-81 in a manner best suited to present and future community needs as well as the latest economic and technical resources; and Whereas, the Cable TV Regulatory Commission and the Grantee on October 3, 1994 proposed that the City Council to enter into an Agreement with the Grantee by which the Grantee would construct certain new fiber optic communication links and the City would construct a system hub building on City property near the intersection of West Third St and College St_, utilizing Updating Funds contributed by the Grantee; and Whereas, the Grantee and the Cable TV Regulatory Commission also petitioned the City Council to waive certain specific interactive technology requirements contained within Sec 6 2 of Ordinance No 42-81 and further described in sections of the Franchise Application and the 1987 Franchise Transfer Agreement, to the end of the franchise tem, (which is September 30, 2001), and Whereas, the Proposed Agreement and waiver request have received strong endorsement from both Cable Commissions, the City Manager and City Staff, and a host of local educational and health care institutions, and Whereas, the City Council finds the Proposed Agreement and waivers to further the public interest and contribute to future potential for a broad variety of community benefits NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the proposed Agreement between the City of Dubuque and TCI of Iowa, Inc. is hereby approved and agreed to. Section 2 That the October 3, 1994 Petition of the Cable TV Regulatory Commission and TCI of Iowa, Inc to waive certain specific requirements contained within Section 6 2 of Ordinance No 42- 81 and further described in the Franchise Application and 1987 Franchise Transfer Agreement, set forth in the Proposed Agreement, is hereby granted. Section 3. That the Mayor of the City of Dubuque, Iowa is hereby authorized to execute any documents necessary to accomplish the intent of this Resolution Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Nicholson moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager responding to the appeals of Tammy Smith and Robert Hedrick regarding denial of property loss claims, presented and read Council Member Voetberg moved that the communications be received and filed and concurred with denial. Seconded by Council Member Kluesner Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager submitting an amendment to the Dubuque Racing Association lease, 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 Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 350 - 94 RESOLUTION APPROVING THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE RACING ASSOCIATION, LTD. Whereas, the City of Dubuque, Iowa (City) and Dubuque Racing Association, Ltd (Association) entered into a written Lease Agreement on February 28, 1990, which Lease Agreement was amended on July 23, 1990, and October 18, 1993; and Whereas, it is necessary to further amend certain provisions of the Lease Agreement, and Whereas, Association and City now desire, pursuant to the Lease Agreement, to amend the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Third Amendment to the Lease Agreement between the City and the Association is hereby approved and the Mayor is authorized and directed to sign the Third Amendment on behalf of the City Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None An Ordinance Authorizing An Pape Transfer, Inc to construct a Parking Lot on a portion of property located on East 12th Street, first reading only given at meeting of 10-17-94), presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 62-94 AN ORDINANCE AUTHORIZING ART PAPE TRANSFER, INC. TO CONSTRUCT A PARKING LOT 363 Regular Session, November 7, 1994 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That An Pape Transfer, Inc as the owner of the premises known as 1080 East 12th Street, Dubuque, Iowa, and legally described as Riverfront Subdivision be and they are hereby granted the revocable permit and authority to construct and maintain a parking lot under the tams and conditions set forth in this Ordinance Section 2 That such construction shall be done in accordance with plans heretofore submitted by permittee and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque Section 3 That the pemission herein granted is expressly conditioned on permittee' agreement to: a Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said parking lot, and b Art Pape Transfer, Inc further agrees to procure and maintain in force during the tem of this permit a policy of liability insurance insuring the liability of the City of Dubuque, Iowa, from any casualty claims arising out of the pemit for the use of said premises or the operation conducted thereon and said liability policy shall be written with minimal limits of not less than $1,000,000.00 for injuries to any one person and not less than $1,000,000.00 for any one accident and for not less than $1,000,00000 for property damage. c Pay on behalf of the City of Dubuque, all SUMS which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said parking lot sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of parking lot and to pay reasonable attorney fees therefor; and d Pay a lease payment of $450 00 per year, payable in advance on the lit day of each November of each year the lease remains in effect. e Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4 That the permission herein granted is expressly conditioned upon permittee' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittee, or their successors in interest, as owner_ of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said parking lot and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said parking lot at permittee•'' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said parking lot. Section 5. That the City of Dubuque hereby reserves an access easement over and across the leased portion of 12th Street for the purpose of maintaining abutting property owned by the City and/or the State of Iowa Section 6 That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 7 This Ordinance shall become effective and the rights hereunder accrue to An Pape Transfer, Inc when this Ordinance has been adopted by the City Council and the tams and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance Section 8. That the City Clerk be and she is authorized and directed to file at permittee' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of November, 1994. Terence M. Duggan, Mayor Attest Mary A Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 62-94 The undersigned having read and being familiar with the tams and conditions of Ordinance No 62-94, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees By_ RI Lore Pape Title_ President Dated_ 1111194 Published officially in the Telegraph Herald newspaper this 15th day of November, 1994 It 11!15 Mary A Davis, City Clerk Council Member Kluesner moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it Is to be finally passed be suspended Seconded by Council Member Voetberg Coined by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Kluesner moved final consideration and passage of the Ordinance Seconded by Council Member Nicholson Coined by the following vote_ Yeas—Mayor Duggan, Regular Session, November 7, 1994 364 Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voeberg Nays—None An Ordinance Amending certain sections of Chapter 34 of the Code of Ordinances regarding Parks and Recreation, first reading only given at meeting of 10-17-94, presented for further action (OFFICIAL PUBLICATION) ORDINANCE NO. 63-94 AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, PARKS AND RECREATION, BY REPEALING SECTION 34-11 RELATING TO PARK RANGERS AND ADOPTING A NEW SECTION 34-11 RELATING TO PARK RANGERS IN LIEU THEREOF; BY REPEALING SECTION 34- 23 RELATING TO THE POWERS OF THE PARKS AND RECREATION COMMISSION AND ADOPTING IN LIEU THEREOF A NEW SECTION 34-23 RELATING TO THE POWERS OF THE PARKS AND RECREATION COMMISSION; BY REPEALING SECTION 34-26(0 RELATING TO THE EXPIRATION DATE FOR TERMS OF OFFICE OF COMMISSIONERS AND RENUMBERING PARAGRAPHS (c), (d) AND (e) AS PARAGRAPHS (b),(c) AND (d); BY REPEALING SECTION 34-30(e) RELATING TO COMMISSION MEETINGS AND ADOPTING NEW PARAGRAPH 34- 30(e) RELATING TO COMMISSION MEETINGS; BY REPEALING SECTION 34- 41 RELATING TO THE OFFICE OF LEISURE SERVICES MANAGER AND ADOPTING A NEW SECTION 34-41 RELATING TO THE OFFICE OF LEISURE SERVICES MANAGER IN LIEU THEREOF; BY REPEALING SECTION 34-42 RELATING TO THE APPOINTMENT AND TERM OF OFFICE OF THE LEISURE SERVICES MANAGER AND ADOPTING A NEW SECTION 34-42 RELATING TO THE APPOINTMENT AND TERM OF OFFICE OF THE LEISURE SERVICES MANAGER IN LIEU THEREOF; BY REPEALING SECTION 34-52, PARAGRAPHS (c) AND (d) RELATING TO THE USE OR CONSUMPTION OF BEER, INCLUDING KEG BEER, IN CITY PARKS AND ADOPTING A NEW SECTION 34-52, PARAGRAPHS (c) AND (d) IN LIEU THEREOF; BY REPEALING SECTION 34- 64 RELATING TO MOVING BENCHES AND TABLES AND ADOPTING A NEW SECTION 34-64 RELATING TO MOVING BENCHES AND TABLES IN LIEU THEREOF; BY REPEALING SECTION 34- 65 RELATING TO INTERFERING WITH PARK PERSONNEL AND ADOPTING A NEW SECTION 34-65 RELATING TO INTERFERING WITH PARK PERSONNEL IN LIEU THEREOF; BY REPEALING SECTION 34-67(e) RELATING TO MOTORIZED VEHICLES IN PARKS AND ADOPTING A NEW SECTION 34-67(e) RELATING TO MOTORIZED VEHICLES IN PARKS IN LIEU THEREOF; BY REPEALING SECTION 34-68 RELATING TO MEETINGS AND GATHERINGS IN PARKS AND ADOPTING A NEW SECTION 34-68 RELATING TO MEETINGS AND GATHERINGS IN PARKS IN LIEU THEREOF; BY REPEALING SECTION 34- 69 RELATING TO FIRES IN PARKS AND ADOPTING A NEW SECTION 34-69 RELATING TO FIRES IN PARKS IN LIEU THEREOF; BY REPEALING SECTION 34- 71 RELATING TO WASHING VEHICLES IN PARKS AND ADOPTING A NEW SECTION 34-71 RELATING TO WASHING VEHICLES IN PARKS THEREOF; BY REPEALING SECTION 34-73 RELATING TO THE REMOVAL OF UNATTENDED VEHICLES AND ADOPTING A NEW SECTION 34-73 RELATING TO THE REMOVAL OF UNATTENDED VEHICLES IN LIEU THEREOF; BY REPEALING SECTION 34-74 RELATING TO OPEN SEASON AND HOURS OF PARKS AND ADOPTING A NEW SECTION 34-74 RELATING TO OPEN SEASON AND HOURS OF PARKS IN LIEU THEREOF; BY REPEALING SECTION 34-112 RELATING TO RIVERVIEW PARK AND ADOPTING A NEW SECTION 34-112 RELATING TO MILLER-RIVERVIEW PARK; BY REPEALING SECTION 34-113 RELATING TO MAUS PARK; BY REPEALING SECTION 34-120 RELATING TO THE JULIEN DUBUQUE GRAVE SITE AND ADOPTING A NEW SECTION 34-120 RELATING TO THE JULIEN DUBUQUE GRAVE SITE IN LIEU THEREOF; BY REPEALING SECTION 32-231(c) RELATING TO THE SPEED LIMIT ON STREETS AND ROADWAYS IN CITY PARKS AND ADOPTING A NEW SECTION 32-231(c) RELATING TO THE SPEED LIMIT FOR STREETS AND ROADWAYS IN CITY PARKS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L Section 34-11 of the City of Dubuque Code of Ordinances is amended by repealing said section and adopting the following new section in lieu thereof Section 34-11. Park ranger__ Employees assigned duties from time to time as park ranger_ in the Leisure Services Department are designated as law enforcement officer_ subject to the certification of the successful completion of training at an approved law training facility. Section 2 Section 34-23 of the City of Dubuque Code of Ordinances is amended by repealing said section and adopting the following new section in lieu thereof Section 34-23 Powers The responsibilities of the commission are to advise the City Council on (1) The establishment of rules and regulations governing the use of all grounds and facilities that have been or may be set aside as public parks, playgrounds and other such park and recreation facilities Such rules and regulations to include but not limited to: a Establishment of opening and closing hours for the use of all park and recreation facilities by the general public b Establishment and collection of fees, including the issuance of pemits for public use of all park and recreation facilities 365 Regular Session, November 7, 1994 (2) Establish rules and regulations for all recreational programs provided by the city, including the establishment and collection of fees for participation by the public in such activities Other matters pertaining to park and recreation grounds, facilities, programs and needs. Section 3 Section 34-26 of the City of Dubuque Code of Ordinances is amended by repealing Paragraph (b) and renumbering paragraphs (c), (d), and (e) as (b), (c) and (d): (b) The expiration date for all tams of office shall be June 30th of the appropriate year. (c) Membership on the commission shall be limited to persons who are residents of the city. (d) Vacancies caused by death, resignation or otherwise on the commission shall be promptly filled by the city council for the unexpired tem of office. (Code 1976, ¢27-21) Section 4 Section 34-30 of the City of Dubuque Code of Ordinances is hereby amended by repealing Paragraph (a) and adopting the following new Paragraph (a) in lieu thereof (a) The Commission shall meet not less than bimonthly, after 4:30 p m. on a regularly scheduled day Section 5. Section 34-41 of the City of Dubuque Code of Ordinances is hereby amended by repealing said section and adopting the following new section in lieu thereof Section 34-4L Office created, responsibilities generally_ There is hereby created the office of Leisure Services Manager of the city charged with the responsibility of directing and administering the activities of the park and recreation divisions comprising the Leisure Services Department Section 6_ Section 34-42 of the City of Dubuque Code of Ordinances is hereby amended by repealing said section and adopting the following new section in lieu thereof Section 34-42 Appointment tem of office The Leisure Services Manager shall be appointed by the city manager and shall hold office at the pleasure of the city manager Section T Section 34-52 of the City of Dubuque Code of Ordinances is hereby amended by repealing Paragraphs (c) and (d) and adopting the following new Paragraphs (c) and (d) in lieu thereof (c) Where the use or consumption of beer is permitted, no beer in containers commonly referred to as "keg beer" shall be permitted at any time except by a licensedholder of a beer permit who has obtained a park permit from the leisure services department authorizing the use of such container (d) The consumption or use of beer is prohibited in the following -named parks_ Julien Dubuque Grave Site, Jackson Park, Grant Park, Washington Park, Burden Playground, Madison Park, Allison - Henderson Park, Jefferson Park, Hilltop Playground, Oakwood Park, Falk Playground, E B_ Lyons Prairie\Woodland Preserve, Flat Iron Park, Nicholas J_ Sutton Swimming Pool, Comiskey Park, Gay Playground, Avon Park, Caledonia Playground, Waller - (3) Cooper Iot Lot, Cleveland Park, Valley High Playground, and Hillcrest Tot Lot_ Section 8. Section 34-64 of the City of Dubuque Code of Ordinances is amended by repealing said section and adopting the following new section in lieu thereof Section 34-64 Moving benches and tables No person shall move benches, seats and tables from any building or to any building in any park or parkway without first securing permission of the leisure services manager Section 9 Section 34-65 of the City of Dubuque Code of Ordinances is amended by repealing said section and adopting the following new section in lieu thereof Section 34-6i Interfering with personnel No person shall loaf in any park workshop or interfere with or keep any park employee from performing such employee's duties Solicitation of any park employee during working hours by any salesperson, agent or any other person is hereby prohibited. Section 10 Section 34-67 of the City of Dubuque Code of Ordinances is hereby amended by repealing Paragraph (e) and adopting the following new Paragraph (e) in lieu thereof (e) It shall be unlawful for any car, truck, motorcycle or any other type of motorized vehicle to drive on end\or park on any grass area in any park or recreation facility except with the express permission of the leisure services manager's designee Section 11 Section 34-68 of the City of Dubuque Code of Ordinances is hereby amended by repealing said section and adopting the following new section in lieu thereof Section 34-68. Meetings and gatherings Buildings for group gatherings may be reserved during the open park season by contacting the park and recreation office Such reservations can be made after January 1_-t for that year's park season Buildings shall be cleaned up after use by the party reserving the same Litter, cans, paper, waste and refuse shall be deposited in receptacles provided therefor. Section 12 Section 34-69 is hereby repealed, and the following new Section 34-69 adopted in lieu thereof Section 34-69. Fires No person shall start any fire in any park or upon any parkway, except that small fires for culinary purposes may be made by picnic parties in the places in parks provided for that purpose Every person who starts or uses any such fire is hereby charged with the duty of completely extinguishing such fire before leaving it. Section 13 Section 34-71 is hereby repealed, and the following new Section 34-71 adopted in lieu thereof Section 34-7L Washing vehicles No person shall wash any motor vehicle, motorcycle or scooter in any city park Section 14 Section 34-73 is hereby repealed, and the following new Section 34-73 adopted in lieu thereof Section 34-73. Removal of unattended vehicles left after closing house Any motor vehicle left unattended in any of the parks after closing thereof shall be deemed abandoned and the leisure services manager or the park ranger shall cause the same to be towed from such park and the same shall not be redeemed by the owner or the person responsible therefor until Regular Session, November 7, 1994 366 the reasonable towing charges and storage fees are paid. Section 15 Section 34-74 is hereby repealed, and the following new Section 34-74 adopted in lieu thereof Section 34-74. Open season and hours generally_ (a) No person shall enter or remain in any park or park and recreation facility other than during the season and hours designated in this section For purposes of this section, the regular park season shall mean from the first Saturday in May through the fourth Sunday in October. (c) Eagle Point Park and Louis Murphy Park shall be open for use by the public from 7:00 a . to 10:00 p m. Sunday through Thursday, and from 7 00 a m to 11 00 p m. Friday and Saturday during the regular park season (d) Marshall Park and the public use area of Franklin D_ Roosevelt Park shall be open to the general public from 700 a m to sunset daily during the regular park season (e) Gerald "Red" McAleece Park and Recreation Complex and Veterans_' Memorial Park shall be open for use by the public from 700 a m to 1200 midnight daily. Bunker Hill Golf Course shall be open for use by the public from 700 a m to 11 00 p m. daily, April through October. (g) Flora Park Swimming Pool and Nicholas I_ Sutton Swimming Pool shall be open for use by the public from 6 00 a m to 10:00 pm daily, June through August The following parks and park and recreation facilities shall be open for use by the public from 7:00 a . to 10:00 p m. daily: Allison -Henderson Park Avon Park Burden Playground Caledonia Playground Cleveland Park Comiskey Park Falk Playground Flat Iron Park Flora Park Gay Playground Grant Park Hillcrest Tot Lot Hilltop Playground Jackson Park Jefferson Park Madison Park Julien Dubuque Grave Site Oakwood Park Valley High Playground Waller -Cooper Tot Lot Washington Park Miller -Riverview Park shall be open for use by the public from 700 a m until 10.00 p m daily, and only registered campers shall be permitted in the area at all other hours 0) The city manager or authorized representative shall have the authority to close any or all parks, park and recreation facilities, park roadways and park parking lots before scheduled closing hours at ro) (0 m) (i) times it is deemed necessary in the interest and safety of the public Section 16 Section 34-75 is hereby repealed Section 12 Section 34-109 is hereby repealed Section 18. Section 34-112 is hereby repealed, and the following new Section 34-112 adopted in lieu thereof Section 34-112 Miller -Riverview Park The following -described parcel of real estate is and shall be known, called and named as "Miller - Riverview Park" and placed under the jurisdiction of the park and recreation commission That part of Chaplain Schmitt Memorial Lsland located northerly of the Dubuque greyhound racing facility and easterly of the wetlands area extending easterly an average of approximately four hundred (400) feet more or less to the Mississippi River Section 19. Section 34-113 is hereby repealed Section 20 Section 34-120 is hereby repealed, and the following new Section 34-120 adopted in lieu thereof Section 34-120 Julien Dubuque Grave Site The following -described parcel of real estate is and shall be continued to be known, called and named as "Julien Dubuque Grave site and placed under the jurisdiction of the park and recreation commission Lot 1 of Government Lot 1, in Section 5, Lot 2 of Lot 5 of Government Lot 1, in Section 6; Township 88 North, Range 3 East of the 5th P M, in Dubuque County, Iowa, according to the respective recorded Plats thereof (Code 1976, ¢27-122 Section 2L Section 32-231(c) of the City of Dubuque Code of Ordinances is hereby amended by deleting the second unnumbered paragraph and adopting the following in lieu thereof FIFTEEN (15) MILES PER HOUR STREETS AND ROADWAYS IN ALL CITY PARKS. Section 22 Nothing herein shall affect the terms of office of the members of the Park and Recreation Commission serving on the effective date of this Ordinance Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald newspaper this 17th day of November, 1994 It 11/17 Mary A Davis, City Clerk Council Member Kluesner moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by Council Member Voetberg Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Kluesner moved final consideration and passage of the Ordinance Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None An Ordinance Amending Code of Ordinances by adopting in lieu thereof a new Section 44- 103(b)(7)(1) providing for a revision of the Industrial Pretreatment Fee Structure, first reading 367 Regular Session, November 7, 1994 only given at meeting of 10-17-94, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 64-94 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 44-103(6)(7)(1) RELATING TO INDUSTRIAL PRETREATMENT FEE STRUCTURE, AND BY ADOPTING IN LIEU THEREOF A NEW SECTION 44- 103(6)(7)(1) PROVIDING FOR A REVISION OF THE INDUSTRIAL PRETREATMENT FEE STRUCTURE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L Section 44-103(b)(7)(1) of the Code of Ordinances of the City of Dubuque, Iowa is hereby repealed. Section 2 The following new Section 44- 103(b)(7)(1) is hereby adopted_ (1) Beginning August 1, 1994, a general pretreatment administration fee shall be assessed each wastewater discharge permit holder for wastewater discharged into the POTW in the following amounts_ Flow/Day Charges 0 -200,000 gallons $ 012/Ccf 200,000 -1,000,000 gallons $005/Ccf Over 1,000,000 gallons 0 Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald newspaper this 16th day of November, 1994 It 11/16 Mary A Davis, City Clerk Council Member Kluesner moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Kluesner moved final consideration and passage of the Ordinance Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None An Ordinance Amending Code of Ordinances by amending Section 32-262(d) prohibiting parking in designated streets or portions thereof and adding parking on portions of White Street, first reading only given at meeting of 10-17-94, presented for further action (OFFICIAL PUBLICATION) ORDINANCE NO. 65-94 AN ORDINANCE AMENDING SECTION 32-262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF ADDING CERTAIN PORTIONS OF WHITE STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting from Subsection (d) of Section 32-262 the following: White Street, west side, from the north property line of East Fourth Street to a point thirty-seven (37) feet north thereof Section 2 That the Code of Ordinances of the City of Dubuque by adding to Subsection (d) of Section 32-262 the following_ White Street, both sides, from East Fourth Street to East Fifth Street west side, from East Seventh Street to East Eight Street east side, from East Twenty -Fifth Street to East Twenty - Sixth Street Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of November, 1994 It 11/15 Mary A Davis, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Voetberg moved final adoption of the Ordinance. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None An Ordinance Amending Code of Ordinances by revising subsection (c) of Section 32-231 thereof providing for the establishment of speed limits on US_ 61/151/52 from the southerly city limits to the northerly city limits, first reading only given at meeting of 10-17-94, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 66-94 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SUBSECTION (C) OF SECTION 32-231 THEREOF PROVIDING FOR THE ESTABLISHMENT OF SPEED LIMITS ON U.S. 61/151/52 FROM THE SOUTHERLY CITY LIMITS TO THE NORTHERLY CITY LIMITS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting U _ 61/151/52 from Subsection (c) of Section 32- 231 thereof as follows "Sec 32-23L Limits Generally (c) - THIRTY-FIVE (35) MILES PER HOUR U S_ 61/151/52, from a point one hundred fifty (150) feet south of Fourth Street to a point one Regular Session, November 7, 1994 368 hundred twenty-five (125) feet south of the Locust Street Connector FORTY (40) MILES PER HOUR U _ 61!151!52, from a point one -hundred twenty-five (125) feet south of the Locust Street Connector to a point three hundred twenty-five (325) feet south of the Julien Dubuque Bridge. FIFTY (50) MILES PER HOUR U 61!151!52, from a point three hundred twenty-five (325) feet south of the Julien Dubuque Bridge to a point twelve hundred fifty (1,250) feet south of Grandview Avenue FIFTY-FIVE (55) MILES PER HOUR U _ 61!151!52, from a point twelve hundred fifty (1,250) feet south of Grandview Avenue to the southerly City limits Section 2 That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding U _ 61!151!52 to Subsection (c) of Section 32- 231 thereof as follows_ "Sec 32-23L Limits Generally (c) - FORT7'FIVE (43) MILES PER HOUR U S_ 61!151!52, from a point one hundred fifty (150) feet north of Fifth Street to a point eleven hundred (1,100) feet south of the Julien Dubuque Bridge. FIFTY-FIVE (55) MILES PER HOUR U S_ 61!151!52, from a point one hundred fifty (150) feet north of Fifth Street to the northerly City limits on the Dubuquesconsin Bridge, and from a point eleven hundred (1,100) feet south of the Julien Dubuque Bridge to the southerly City limits_ Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Kluesner moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Kluesner moved final consideration and passage of the Ordinance Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays—None An Ordinance Amending Code of Ordinances by revising subsection (c) of Section 32-231 thereof providing for the establishment of speed limits on U S_ 20 from Locust Street to the easterly city limit on the Julien Dubuque Bridge, first reading only given at meeting of 10-17-94, presented for further action (OFFICIAL PUBLICATION) ORDINANCE NO. 67-94 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SUBSECTION (C) OF SECTION 32-231 THEREOF PROVIDING FOR THE ESTABLISHMENT OF SPEED LIMITS ON U.S. 20 FROM LOCUST STREET TO THE EASTERLY CITY LIMIT ON THE JULIEN DUBUQUE BRIDGE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding U _ 20 to Subsection (c) of Section 32-231 thereof as follows_ "Sec 32-23L Limits Generally (c) - FORTY (40) MILES PER HOUR U _ 20, from Locust Street to the easterly City limit on the Julien Dubuque Bridge Passed, approved and adopted this 7th day of November, 1994. Terrance M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of November, 1994 It 11(15 Mary A Davis, City Clerk Council Member Kluesner moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager recommending approval of codification of all ordinances to the City Code of Ordinances, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None An Ordinance Readopting the Codification of all ordinances of the City of Dubuque passed and adopted to August 1, 1994, presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 68-94 AN ORDINANCE READOPTING THE CODIFICATION OF ALL ORDINANCES OF THE CITY OF DUBUQUE, IOWA, OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE IOWA CODE; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO AUGUST 1, 1994, EXCEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND CONTINUED IN FORCE BY REFERENCE THEREIN; PROVIDING PENALTIES FOR THE 369 Regular Session, November 7, 1994 VIOLATION OF THE SEVERAL SECTIONS THEREOF; AND PRESCRIBING THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. Whereas, pursuant to Ordinance No 55-76 adopted November 1, 1976, after a duly convened public hearing, the City Council of the City of Dubuque, Iowa, adopted a Code of Ordinances with an effective date of December 3, 1976, as provided in Section 380.8 of the Iowa Code; and Whereas, Section 3808 of the Iowa Code provides that at least once every five years, a city shall compile a set of ordinances to be adopted by an ordinance; and Whereas, pursuant to Ordinance No 63-81, adopted November 6, 1981, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances with an effective date of December 3, 1981, as provided in Section 380.8 of the Iowa Code; and Whereas, pursuant to Ordinance No 93-86, adopted November 3, 1986, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances, with an effective date of November 17, 1986, as provided in Section 380.8 of the Iowa Code; and Whereas, pursuant to Ordinance No 34-89, adopted July 17, 1989, the City Council of the City of Dubuque, Iowa readopted the said Code of Ordinances, with an effective date of July 20, 1989 as provided in Section 380 8 of the Iowa Code; and Whereas, The City Council has determined that the Code of Ordinances should be adopted, as edited and compiled without change in substance, as provided in Section 380 8 of the Iowa Code NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 Code of Ordinances Readopted That the proposed Code of Ordinances of the City of Dubuque, Iowa printed by the Municipal Code Corporation, Iallahassee, Florida, and Sterling Codifier_, Inc, Weiser, Idaho, heretofore filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 through 46, with Appendix A, Appendix B, Appendix C, and Appendix D and including references to codes adopted by reference, a printed copy of which is attached hereto and incorporated herein by reference the same as if set out in herein, is hereby adopted as the "Code of Ordinances, City of Dubuque, Iowa." Section 2 Ordinances Repealed That all ordinances of the City of Dubuque, Iowa, of a general and permanent nature, enacted on or before August 1, 1994 and not contained in said Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of said Code, except as hereinafter provided. Section 3 Effect of Repeal; Ordinances Saved. That the repeal provided for in Section 2 hereof shall not affect any of the following- (a) Any offense or act committed or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of said Code_ (b) Any ordinance promising or guaranteeing the payment of money to or from the City, or authorizing the issuance of any bonds or other evidence of indebtedness; (c) Any appropriation or budget ordinance; (d) Any ordinance establishing the compensation of any City officer or employee; (e) Any contract or obligation assumed by the City; (0 Any ordinance relating to the purchase, condemnation, acquisition or dedication of property for public use; (g) Any ordinance dedicating, establishing, opening, reopening, naming, renaming, widening, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rights- of-way (h) Any ordinance establishing or changing the grade of any street, avenue, boulevard, trafficway or other public way; (i) Any ordinance authorizing, directing or otherwise relating to any public improvements; 0) Any ordinance establishing or changing the limits of the City or pertaining to consolidations, annexations or exclusions; (k) Any ordinance levying general or special taxes or special assessments; (1) Any ordinance granting pensions for retired officers and employees; (m) Any ordinance granting any right, privilege, easement or franchise to any person, fin m or corporation; (n) Any zoning ordinance, or amendment of the City's zoning map; (o) Any ordinance prescribing traffic regulations for specific streets or areas, such as ordinances designating one-way streets, arterial highways, through streets, stop intersections or intersections where traffic is to be controlled by signals, and ordinances prohibiting restriction, limiting or otherwise regulating the stopping, standing or parking of vehicles on specific street or in specific areas; (p) Any ordinance establishing rates and charges for, or fees for connection to any utility service, not inconsistent with this Code; (q) Any ordinance which, by its own tams, expires after a specified time, or on the prescribed date; and (r) Any ordinance enacted on or after August 1, 1994. The repeal provided for by Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance repealed by this ordinance. The above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention of this ordinance to exclude from repeal any and all ordinances not of a general nature. Section 4 Severability of Provisions That each chapter, and any and all subdivisions of said Code hereby readopted, is independent of every other chapter and subdivision thereof, and the invalidity of any other chapter or subdivision thereof, shall not invalidate any other chapter or subdivision thereof Section 5 Official Copy That the City Clerk shall attach to the official copy of the Code of Ordinances hereby readopted and attached hereto, the City Clerk's official certificate showing readopnon and the effective date thereof, and shall retain the said copy and certificate on file in this office where copies of the same shall be subject to public inspection and for sale to the public Section 6_ Amendments That any additions or amendments to this Code when passed as ordinances amending this Code and which indicate Regular Session, November 7, 1994 370 the intention of the Council to make the same a part hereof shall be deemed to be incorporated in this Code so that a reference to the Code of Ordinances, City of Dubuque, Iowa, shall be understood to include thea Section 7 Distribution of Copies That all printed copies of the Code shall be deposited with the City Clerk for distribution The City Clerk may sell printed copies of said Code at the cost established by the City Clerk Section 8. General Penalty. That the doing of any act prohibited or declared to be unlawful or an offense by said Code of Ordinances, or the commission or failure to peforrm any act or duty required by said Code, shall unless another penalty is specified, be punishable by a fine in a sum not exceeding one hundred dollars ($100 00) or imprisonment not to exceed thirty (30) days The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this Code provided for violation thereof or for civil penalties or violations of municipal ordinances Section 9 Effective Date That this ordinance consisting of Sections 1 through 9, inclusive, readopting the proposed Code of Ordinances of the City of Dubuque, Iowa, heretofore filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 through 46, with Appendix A, Appendix B, Appendix C, and Appendix D and including codes adopted by reference and all subdivisions, of the same, the same being designated as the "Code of Ordinances, City of Dubuque, Iowa, is in full force and effect from and after the passage and publication of this ordinance, according to law, and the "Code of Ordinances, City of Dubuque, Iowa, shall be in full force and effect from and after the publication of this Ordinance No 68-94_ Passed, approved and adopted this 7th day of November, 1994. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk Published officially in the Telegraph Herald newspaper this 16th day of November, 1994 It 11!16 Mary A Davis, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it Is to be finally passed be suspended Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 351-94 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, RE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C BEER PERMIT IOWA OIL COMPANY IOCO SPFPDE SHOPPE 3270 DODGE MOLO OIL COMPANY BIG 10 MART & CAR WASH 1875 IF K RD Passed, approved and adopted this 7th day of November, 1994. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Robbins moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 352-94 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License CLASS "C (COMMERCIAL) BEER AND LIQUOR LICENSE ARAGON TAP INC. ARAGON TAP 1103 IOWA ST SAM W CHRI LONG YUEN CHINESE RESTR. 2600 DODGE ST SUNS CORP YEN CHING RESTR. 926 MAIN ST Passed, approved and adopted this 7th day of November, 1994. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk Council Member Robbins moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager recommending a public hearing to held on November 21, 1994 for the purpose to consider a Driveway and Parking Easement to Iohn N., fames H. and Elizabeth B. Gronen on property located at 4900 Peru Rd., presented and read. Council Member Voetberg moved that the communication be received and filed and set for Public Hearing on Nov_ 21, 1994 at 7 30 p nr in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, 371 Regular Session, November 7, 1994 Nicholson, Robbins, Voetberg Nays—None Absent --Council Member Nagle PUBLIC INPUT - Tom Carroll, 141 Princeton PI., commented that the possibility of the University of Dubuque land being used for a Cultural Arts Center would be agreeable but does not want to see commercial development, also urged zoning to be kept institutional and that attention should be paid to the 14DR proposal At 9 23 p nt, Council Member Voetberg moved to go into Closed Session in accordance with Chapter 215 1 (1) To discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Nicholson Carried by the following vote Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council reconvened regular session at 935 P m. There being no further business, Council Member Voetberg moved to adjourn. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Meeting adjourned at 9:36 p m. Mary A Davis CMC City Clerk Approved 1995. Adopted 1995. Mayor Council Members Attest City Clerk Regular Session, November 21, 1994 376 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Meeting, November 21, 1994 Council Met at 730 p nr at the Public Library Auditorium. Preset: Mayor Duggan, Council Members Kluesner, Nagle, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A Lindahl Absent at Roll Call_ Council Member Krieg Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Father Florian Schmidt, Pastor of St_ Marys Catholic Church Council Member Krieg entered the Chambers at 732 pnr PROCLAMATIONS — Week of Nov_ 20th as "Family Week". MINUTES SUBMITTED — Airport Commission of 9-13, 9-29 & 9-30; Cable Community Teleprogrammnng Commission of 11- 1, Cable TV Regulatory Commission of 11-9, Electrical Code Board of 11-7; Environmental Stewardship Commission of 11-1, Housing Code Appeals Board of 10-18, Housing Commission Trust Fund Committee of 11-3, Human Rights Commission of 10-10, Library Board of Trustees of 10-17; Park & Recreation Commission of 11-8; Plumbing Board of 11-9, Transit Trustee Board of 10-6 & 11-10, Zoning Commission of 11-2, presented and read Council Member Voetberg moved that the minutes be received and filed Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None NOTICES OF CLAIMS/SUITS —Douglas Brimeyer vs City in unknown amount for personal injuries and property losses, Tom Hines in amount of $290 00 for vehicle damages, Ric Jones in est amt of $200 00 for vehicle damages, Laura A & Jaclyn A. Mickelson in undetermined amount for personal injuries, presented and read Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Corporation Counsel advising the following claims have been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool_ Personal injury of Lisa M Lessen, Personal injury of Alfrieda Miersen, presented and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Brian C Sullivan appeal the denial of his claim regarding property damages, presented and read Council Member Voetberg moved that the appeal be referred to the Legal Staff Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Finance Director submitting financial reports for October, 1994, presented and read Council Member Voetberg moved that the reports be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Communication of Hank Koester, owner of St Marys Place No 5 requesting an extension of 180 days or May 15, 1995 to provide necessary security as required in Resolution No 326-94 and communication of City Manager recommending approval of request, presented and read Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 353-94 A RESOLUTION RESCINDING RESOLUTION NO. 326-94 AND REAFFIRMING THE FINAL PLAT OF LOTS 1 AND 2 AND LOT A OF ST. MARY'S PLACE NO. 5 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots 1 and 2 and Lot A of St Mary's Place No 5 in the City of Dubuque, Iowa, and Whereas, upon said final plat appears a private street to be known as Virginia Court, together with certain public utility and sanitary sewer easements which the owners by said final plat have dedicated to the public forever; and Whereas, the conceptual plan has been examined by the Zoning Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the Zoning Commission and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that the grades have not been established and not all paving constructed or installed, and Whereas, the City Council in Resolution 326- 94 on October 17, 1994 has previously approved the final plat, 377 Regular Session, November 21, 1994 Whereas, the City Council concurs in the conditions of approval established by the Zoning Commission and the City Planner NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the final plat of St Mary's Place No 5, as set forth in Resolution No 326-94 is hereby rescinded Section 2 That the easements for public utilities, sanitary sewer, as they appear upon said final plat, be and the same are hereby accepted; and Section 3 That the final plat of Lots 1 and 2 and Lot A of St Mary's Place No 5 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a To reduce Virginia Court to grade and to hard surface the private street with bituminous concrete, or with concrete paving, all in accordance with the plans and specifications submitted to the City Fncineer. b To install sanitary sewer mains and sewer service laterals, water mains and water service laterals, stone sewers and catch basins and erosion control devices,all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Fneineer, and in accordance with constmction improvement plans approved by the City Fneineer, and inspected by the City Fncineer. c To constmct sidewalks within one year as shown on the approved conceptual development plan adopted by Ordinance 45-93. d To constmct said improvements within one year of the date of adoption of this resolution by the City of Dubuque, Iowa_ e The City of Dubuque, Iowa shall have a perpetual easement to enter, and pass over and upon said real property for such ordinary services and emergency services as are regular and customarily provided by the City of Dubuque, Iowa, in the City of Dubuque, Iowa, and for such services or duties which the City of Dubuque, Iowa, may be obligated by Law to perforin on said premises. f That the streets and parking areas shall be private streets and parking areas and shall be held with other common property shown upon the plat within the jurisdiction of and further providing that the city may enter such streets and parking areas to provide necessary emergency services or other services or duties which it may be obligated by law to pefoi-m on the premises, that the city may enter the street and pefonn necessary maintenance whenever the private owner fails to do so, and assess all costs to the owners g All assessable costs for maintenance or service, described herein, performed by the City of Dubuque, Iowa, on, or directly benefitting Lot 1 and 2 and Lot A of St Mary's Place No 5, shall be assessed against the owner or successors as assigned and a lien placed upon said real property. Section 4 That if the owners, Hendee, Inc. shall fail to execute the acceptance and furnish the security provided for in Section 3 within 180 days after the date of this resolution the provisions thereof shall be null and void and the acceptance of the dedication and approval of the final plat shall not be in effect. And further provided that said Hendee, Inc, as owners of said property, shall secure the performance for the constmction of sanitary sewer by providing guarantees in such fonn and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 4 That final acceptance of all public improvements shall occur upon certification of the City Fneineer that public improvements have been completed in accordance with the improvement plans and City standard specifications Passed, approved and adopted this 21st day of November, 1994. Terence M. Duggan, Mayor ATTEST: Karen M Chesterman, Deputy City Clerk ACCEPTANCE OF RESOLUTION NO. 353-94 We, the undersigned, Henry K Koester for Hendee, Inc, having read the terms and conditions of the Resolution No. 353-94 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein Dated in Dubuque, Iowa this day of ,1994. NOT SIGNED AS OF JULY 14, 1995. By Henry F_ Koester Hendee, Inc. Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Zoning Commission advising of their approval of final plat for property located North of Lake Ridge Drive, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 354-94 A RESOLUTION APPROVING THE FINAL PLAT OF CEDAR LAKE - EAST THRID ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Cedar Lake - East Third Addition in the City of Dubuque, Iowa; and Whereas, upon said final plat appears two private streets to be known as Windmill Lane and North Cedar Court, together with certain public utility easements which the owners by said final plat have dedicated to the public forever; and Whereas, the conceptual plan has been examined by the Zoning Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the Zoning Commission and had her approval Regular Session, November 21, 1994 378 endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that the grades have not been established and not all paving constructed or installed, and Whereas, the City Council concurs in the conditions of approval established by the Zoning Commission and the City Planner NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the easements for public utilities, as they appear upon said final plat, be and the same are hereby accepted; and Section 2 That the final plat of Cedar Lake - East Third Addition in the City of Dubuque is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a To reduce Windmill Lane and North Cedar Court to grade and to hard surface the private streets with bituminous concrete, or with concrete paving, all in accordance with the plans and specifications submitted to the City Fn_cineer. b_ To install sanitary sewer mains and sewer service laterals, water mains and water service laterals, storm sewers and catch basins and erosion control devices,all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Fncineer, and in accordance with construction improvement plans approved by the City Fncineer. c To construct said improvements within one year of the date of adoption of this resolution by the City of Dubuque, Iowa. d The City of Dubuque, Iowa shall have a perpetual easement to enter, and pass over and upon said real property for such ordinary services and emergency services as are regular and customarily provided by the City of Dubuque, Iowa, in the City of Dubuque, Iowa, and for such services or duties which the City of Dubuque, Iowa, may be obligated by Law to perform on said premises e That sidewalks will be installed to the rear of the property similar to other lots in the Cedar Lake development. f That the streets and parking areas shall be private streets and parking areas and shall be held with other common property shown upon the plat within the jurisdiction of and further providing that the city may enter such streets and parking areas to provide necessary emergency services or other services or duties which it may be obligated by law to perform on the premises, that the city may enter the street and perform necessary maintenance whenever the private owner fails to do so, and assess all costs to the owners g All assessable costs for maintenance or service, described herein, performed by the City of Dubuque, Iowa, on, or directly benefitting Cedar Lake - East Third Addition shall be assessed against the owner or successors as assigned and a lien placed upon said real property. Section 3 That if the owner, Hansel Builders, Inc, shall fail to execute the acceptance and furnish the security provided for in Section 2 within 45 days after the date of this resolution the provisions thereof shall be null and void and the acceptance of the dedication and approval of the final plat shall not be in effect And further provided that said Hansel Builders, Inc, as owner of said property, shall secure the performance for the construction of sanitary sewer and water by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa_ Section 4 That final acceptance of all public improvements shall occur upon certification of the City Fncineer that public improvements have been completed in accordance with the improvement plans and City standard specifications Passed, approved and adopted this 21st day of November, 1994. Terrance M. Duggan, Mayor ATTEST: Karen M Chesterman, Deputy City Clerk ACCEPTANCE OF RESOLUTION NO. 354-94 I, the undersigned, Jeffrey S Hansel for Hansel Builders, Inc, having read the terms and conditions of the Resolution No 354-94 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 4th day of January, 1994. By ls/effrey S Hansel Hansel Builders, Inc To_ Mary A Davis City Clerk This is to certify that the necessary security for the foregoing Resolution No 354-94 has been properly filed. Dated at Dubuque, Iowa this 16 day of January, 1995. /5/ Michael C Van Milligen City Manager Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Communication of the City Manager recommending approval of plat for Paisley Place 42, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Coined by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None. RESOLUTION NO. 355-94 A RESOLUTION APPROVING THE PLAT OF SURVEY OF LOTS 1 AND 2 OF PAISLEY PLACE NO. 2 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a plat of survey of Lots 1 and 2 of Paisley Place No 2 in the City of Dubuque, Iowa; and Whereas, said plat has been reviewed by the City Planner and had its approval endorsed thereon, and 379 Regular Session, November 21, 1994 Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the plat of Lots 1 and 2 of Paisley Place No 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat Passed, approved and adopted this 21st day of November, 1994. Terrance M. Duggan, Mayor ATTEST: Karen M Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Communication of City Manager recommending approval of plat of Survey of Ohmert's Hilltop Farms, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 356-94 A RESOLUTION APPROVING THE PLAT OF SURVEY OF LOTS 1-1 AND 2-1 OF OHMERT'S HILLTOP FARMS IN THE DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk a plat of survey of Lots 1-1 and 2-1 of Ohmert s Hilltop Farms in the Dubuque County, Iowa; and Whereas, said plat has been examined by the City Planner and had its approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the plat of Lots 1-1 and 2-1 of Ohmerr s Hilltop Farms in Dubuque County, Iowa is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat. Passed, approved and adopted this 21st day of November, 1994. Terrance M. Duggan, Mayor ATTEST: Karen M Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Council Member Nagle moved that the rules be suspended to allow anyone present to address the Council if they so desire Seconded by Council Member Voetberg Carried by the following vote: Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Proof of Publication on Notice of Hearing to grant to John N_, James H and Elizabeth S_ Gronen a Driveway and Parking Easement located at 4900 Peru Road and the communication of the City Manager recommending approval of easement, presented and read Council Member Voetberg moved that the proof and communication be received and filed. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION 357-94 Whereas, pursuant to notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation in the City of Dubuque, Iowa on 11th day of November, 1994, the City Council of the City of Dubuque, Iowa met on the 2lst day of November, 1994 at 7 30 p nr in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the proposal to dispose of the City's interest in real estate described in the attached Driveway and Parking Easement incorporated herein by reference. Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of the City's interest in the real estate described in the attached Driveway and Parking Easement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 The disposal of the interest of the City of Dubuque, Dubuque County, Iowa in the real property described in the attached Driveway and Parking Easement is hereby approved for the cost of publication and filing fees Section 2 The Mayor is authorized and directed to execute the Driveway and Parking Easement and the City Clerk is hereby authorized and directed to deliver said easement to John N_, James, H., and Elizabeth B. Gronen upon receipt of the above fees Section 3 The City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and the Driveway and Parking Easement at the offices of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor Passed, approved and adopted this 21st day of November, 1994. Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Communication of the City Manager recommending acceptance of Warranty Deed from Martin J & Nancy A. Comer McNamer for property known as Lot A and Lot B of Mama Ridge Estate 2, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Regular Session, November 21, 1994 380 Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION 358-94 RESOLUTION ACCEPTING WARRANTY DEED FROM MARTIN 7. McNAMER AND NANCY A. COMER McNAMER FOR LOT A AND LOT B OF MARNA RIDGE ESTATES 2 IN THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque has among other things agreed to accept a Warranty Deed from Martin I. McNamer and Nancy A. Comer McNamer for Lot A and Lot B in Mama Ridge Estates 2 in the City of Dubuque, Iowa: and Whereas, all tams and conditions of both parties with respect to Declaratory Statement Imposing Restrictive Covenants have been satisfied, and the Warranty Deed dated November 4, 1994 has been delivered to the City NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Council of the City of Dubuque, Iowa hereby approves, accepts and consents to the Warranty Deed from Martin I McNamer and Nancy A. Comer McNamer for Lot A and Lot E of Mama Ridge Estates 2 in the City of Dubuque, Iowa. Section 2 That the City Clerk be and is hereby authorized and directed to file a copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 21st day of November, 1994. Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager responding to petition from neighbors regarding property at 1720 Wood St, presented and read Council Member Kluesner moved that the communication be received and filed Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager submitting comments on storage of vehicles in residential areas, presented and read Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Communication of the City Manager submitting a Downtown Comprehensive Traffic Analysis and Management Plan, presented and read Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays—Council Member Nagle RESOLUTION NO. 359-94 Whereas, proposals were solicited from various engineering and planning firms for the Downtown Comprehensive Traffic Analysis and Management Plan; and Whereas, the finn of Ament Fneineering Associates, Inc provided the best overall proposal for studying the various issues identified in the City's Request for Proposals NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Manager be authorized to negotiate and execute a contract with Ament Fneineering Associates, Inc of Cedar Rapids, Iowa for the Comprehensive Traffic Analysis and Management Plan Passed, approved and adopted this 21st day of November, 1994 Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Council Member Krieg moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nicholson, Robbins, Voetberg Nays—Council Member Nagle Communication of the City Manager recommending approval of agreement for Highway 20 reconstruction project, presented and read Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Krieg Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 360-94 RESOLUTION APPROVING PROSECT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE U.S. 20 CONSTRUCTION PROSECT FROM DEVON DRIVE TO U.S. 61 Whereas, the Iowa Department of Transportation is developing plans for the reconstruction of U S_ Highway 20 from Devon Drive to U.S. 61; and Whereas, the Iowa Department of Transportation has prepared and submitted to the City Council for approval, a Project Agreement relating to the construction, cost participation, and respective maintenance responsibilities of the construction project: and Whereas, the City of Dubuque approves the tams and conditions of said Project Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That Agreement 495-3-033 consisting of an agreement providing for the construction of U S_ Highway 20 in the City of Dubuque from Devon Drive to U.S. 61 be approved. Section 2 That the Mayor be authorized and directed to execute two copies of this agreement and forward the executed copies to the Iowa Department of Transportation for their approval. 381 Regular Session, November 21, 1994 Passed, approved and adopted this 21st day of November, 1994 Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Council Member Kluesner moved to adopt the Resolution Seconded by Council Member Krieg Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager submitting supplemental report on U S_ 452 Corridor Study, presented and read Council Member Voetberg moved that the communication and study be received and filed and authorized the Staff to get figures on Traffic Signal Synchronization on this project and report back what that figure is and to not approve other improvements at this time Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Communication of the City Manager requesting approval of ISTEA funds for Mississippi Riverwalk and Boat Dock Construction project, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 361-94 A RESOLUTION APPROVING THE SUBMITTAL OF AN APPLICATION FOR STATEWIDE ENHANCEMENT PROSECT FUNDING TO THE IOWA DEPARTMENT OF TRANSPORTATION Whereas, the Iowa Department of Transportation has allocated $20,000,000 over a six year period for Transportation Enhancements, and the development of pedestrian and bicycle facilities, landscaping and other scenic beautification, and construction costs are eligible for such funding: and Whereas, the City has an adopted Riverfront Plan that places high priority on hike/bike trail development along the Mississippi River and in the Ice Harbor, including a transient boat dock facility; and Whereas, the City of Dubuque recognizes the commercial and recreational potential of the riverfront and especially the 4th Street Peninsula, and construction of this Mississippi Riverwalk and Transient Boat Dock project will enable development of these recreational amenities for not only the community, but for the region and the state NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Mayor is hereby authorized to sign and submit this application to the Iowa Department of Transportation for Statewide Transportation Enhancement Funds Section 2 That in the event that said application is approved, the City Manager is hereby authorized to utilize budgeted Capital Improvement Program funds to provide the financial match required for this project Section 3 That in the event said application is approved, the City Manager is hereby authorized to negotiate a maintenance agreement with the Dubuque County Historical Society to ensure that the Mississippi Riverwalk and Transient Boat Dock project will be adequately maintained for its intended public use for a minimum of twenty (20) years following project completion Section 4 That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed projects Passed, approved and adopted this 21st day of November, 1994. Terrance M. Duggan, Mayor Attest Karen Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager recommending approval of McAleece Park and Recreation Complex Concession Agreement and authorizing the City Manager to execute agreement, presented and read Council Member Voetberg moved that the communication be received and filed and authorized Manager to execute. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager recommending approval for Healthy Dubuque 2000 request for funding, presented and read Council Member Voetberg moved that the communication be received and filed and concurred with recommendation. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 362-94 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C BEER PERMIT TFM Co_ Oky Doky 6 1256 Iowa St Rambo Oil Co. Kwik Stop Food Matt 2997 University Ave Passed, approved and adopted this 21st day of November, 1994. Terrance M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Council Member Kluesner moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Regular Session, November 21, 1994 382 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None RESOLUTION NO. 363-94 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE RONALD KAHN (KAHN FAMILY ENTPR) PASTA O'SHEAS 359 W. 9TH ST. PAUL F. RASCH RASCH'S (-OUTDOOR SERVICE) WH171331.HQY7SH ST. THOMAS SCI€NKE' INSTANT REPLAY, INC. 1602 CENTRAL AVE Passed, approved and adopted this 21st day of November, 1994. Terrence M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Council Member Kluesner moved adoption of the Resolution Seconded by Council Member Nicholson Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Zoning Commission advising of the denial to reclassify property West of Radford Road adjoining Wolff Road from U to C-3 District, presented and read Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None. An Ordinance Amending Zoning Map by reclassifying property located West of Radford Road and adjoining Wolff Road from U Light Industrial District to C-3 General Commercial District, presented and read Council Member Kluesner moved that a Public Hearing be held on the proposed Ordinance on the 19th day of December, 1994, at 7:30 o'clock p m. at the Public Library Auditorium and that the City Clerk be directed to publish notice in the manner prescribed by law. Seconded by Council Member Nagle Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Zoning Commission submitting their comments regarding the request for secession from Cathedral Historic District from 16 properties in the Emmett/St Marys Street area and recommending all owners within 200 feet adjoining the district be notified of this request and Historic Preservation Commission requesting a public hearing on the petition be held on January 16, 1995, or thereafter, and further recommending to notify all property owners in the District but not require the 200 foot additional notification, presented and read Council Member Voetberg moved that the communications be received and filed and set Public Hearing for January 16, 1995 at 7:30 p m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law and also direct that notification be only within the District Seconded by Council Member Krieg Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None City Manager requesting a public hearing be held for a Budget Amendment for FY'95, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Member_ Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None. RESOLUTION NO. 364-94 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PROPOSED AMENDMENT TO THE FISCAL YEAR 1995 BUDGET AND DATE OF PUBLIC HEARING Whereas, it is proposed that the City of Dubuque amend its Fiscal Year 1995 budget: and Whereas, Section 384.16 of the Code of Iowa stipulates that a public hearing must be held on such a budget amendment NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the City Clerk by and is hereby directed and authorized to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of November, 1994. Terrence M. Duggan, Mayor Attest Karen M Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution, setting the matter for Public Hearing on 12-5-94 at 7 30 p nr in the Public Library Auditorium and directed the City Clerk to publish notice in the manner prescribed by law Seconded by Council Member Nagle. Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None PUBLIC INPUT Bob Schreiber, 40 Devon Drive, objecting to proposed UDS development on Hwy 20 and especially to the traffic signal 700' east of the one at Devon Dr. There being no further business, Council Member Nagle moved to adjourn the meeting. Seconded by Council Member Robbins Carried by the following vote_ Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg Nays—None Meeting adjourned at 8:44 p m. Karen M Chesterman Deputy City Clerk 383 Regular Session, November 21, 1994 Approved Adopted 1995. 1995. Mayor Council Members Attest City Clerk