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1995 November Council ProceedingsBoard of Health, November 6, 19952 Section 2. The City of Dubuque Board of Health encourages health care professionals and CITY OF DUBUQUE agencies within the community to strive to reach the goals of Healthy Dubuque 2000. Passed, approved and adopted this 6th day of BOARD OF HEALTH November, 1995. Dirk N. Voetberg, Vice Chairperson, Board of Health QUARTERLY Attest: MEETING Mary A. Davis, City Clerk Board Member Nicholson moved adoption of the Board of Health Resolution. Seconded by Special Board of Health Meeting, Monday, Board Member Kluesner. Carried by the following November 6, 1995 vote: Yeas—Vice Chairperson Voetberg, Board Board met at 6:50 p.m., Public Library Members Kluesner, Krieg, Nicholson. Auditorium. Nays—None. Absent—Chairperson Duggan, Present: Vice-Chairperson Voetberg, Board Board Member Nagle. Members Kluesner, Krieg, Nicholson, Robbins. Absent: Chairperson Duggan, Board Member There being no further business, Board Member Nagle. Board Member Robbins entered at 6:52 Nicholson moved to adjourn. Seconded by Board p.m. Member Krieg. Carried by the following vote: Yeas—Vice Chairperson Voetberg, Board Vice Chairperson Voetberg read the call and Members Kluesner, Krieg, Nicholson. stated this is a Special Session of the Board of Nays—None. Absent—Chairperson Duggan, Health called for the purpose to act upon such Board Member Nagle. The Board of Health business which may properly come before the Meeting adjourned at 6:57 p.m. Board. Mary A. Davis CMC City Manager recommending approval of Secretary, Board of Health Healthy Dubuque 2000 plan, presented and read. Board Member Nicholson moved that the communication be received and filed. Seconded by Board Member Kluesner. Carried by the following vote: Yeas—Vice Chairperson Voetberg, Board Members Kluesner, Krieg, Nicholson. Nays—None. Absent—Chairperson Duggan, Board Member Nagle. BOARD OF HEALTH RESOLUTION NO. 1-95 A RESOLUTION SUPPORTING HEALTHY DUBUQUE 2000, A COMMUNITY-BASED PLAN FOR HEALTH PROMOTION AND DISEASE PREVENTION FOR THE CITIZENS OF DUBUQUE FOR THE YEAR 2000. Whereas, the U.S. Public Health Service has developed Healthy People 2000 for the nation, and the Iowa Department of Public Health has developed Healthy Iowans 2000 for the state, and both have encouraged local boards of health to develop health plans for their own communities; and Whereas, the City of Dubuque has worked with the County Board of Health, the Tri-State Health C.A.R.E. Coalition, Mercy Health Center, and Finley Hospital to develop a Healthy Dubuque 2000 Plan. Whereas, the Plan was formed through community-based participation, surveys, and input Approved ______________________, 1996. from citizens and professionals in the health and social fields; and Whereas, the City of Dubuque Board of HealthAdopted _______________________, 1996. encourages health care providers in Dubuque County to collectively work towards the goals in the Healthy Dubuque 2000 Plan. ____________________________________ NOW THEREFORE, BE IT RESOLVED BY Chairperson THE CITY OF DUBUQUE, IOWA BOARD OF HEALTH: Section 1. That the City of Dubuque, Iowa ____________________________________ Board of Health supports the Healthy Dubuque 2000 Plan. ____________________________________ 3Board of Health, November 6, 1995 ____________________________________ ____________________________________ ____________________________________ ____________________________________ Board Members Attest: ____________________________________ City Clerk Regular Session, November 6, 19954 NOTICES OF CLAIMS/SUITS — Brent Brown in amount of $249.00 for personal injuries; DUBUQUE Jack Frain in amount of $251.00 for personal injuries; Karla Gabriel in amount of $219.50 for personal injuries; Debra Hauber in amount of CITY COUNCIL $113.00 for personal injuries; Amy Hird in amount of $61.80 for personal injuries; Tony & Melinda Kramer in unknown amount for personal OFFICIAL injuries; Robert Schiel in amount of $194.68 for vehicle damages, presented and read. Council PROCEEDINGS Member Kluesner moved that the claims be referred to the Legal Staff for investigation and report. Seconded by Council Member Robbins. Regular Session, Monday, November 6, 1995 Carried by the following vote: Yeas—Mayor Pro- Council Met at 7:00 p.m., Public Library Tem Voetberg, Council Members Kluesner, Krieg, Auditorium. Nicholson, Robbins. Nays—None. Present: Council Members Kluesner, Krieg, Absent—Mayor Duggan, Council Member Nagle. Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Assistant City Attorney Corporation Counsel advising following claims James O'Brien. have been referred to Crawford & Company, the Absent: Mayor Duggan, Council Member agent for the Iowa Communities Assurance Pool: Nagle. Property damage of Neil E. Kelley; Personal injury of Tricia Tiedt, presented and read. Council Mayor Pro-Tem Voetberg read the call and Member Kluesner moved that the communication stated this is the Regular Session of the City be received and filed. Seconded by Council Council called for the purpose to act upon such Member Robbins. Carried by the following vote: business which may properly come before the Yeas—Mayor Pro-Tem Voetberg, Council Council. Members Kluesner, Krieg, Nicholson, Robbins. Nays—None. Absent—Mayor Duggan, Council Invocation was given by Rev. Woody Member Nagle. Allabough, Pastor of the Third Presbyterian Church. Corporation Counsel recommending settlement of car damage claim of Cathy Bowman in amount PROCLAMATIONS — Nov. 5-11 as "Key of $304.68 and authorizing payment be made by Club Week" received by representatives of the Finance Director, presented and read. Council three high schools; Nov. 6-12 as "Youth Member Kluesner moved that the communication Appreciation Week" received by Bill Funke, Pres. be received and filed and approved settlement. of the Morning Optimists and representatives of Seconded by Council Member Robbins. Carried the Noon and Evening Optimists Club. by the following vote: Yeas—Mayor Pro-Tem Voetberg, Council Members Kluesner, Krieg, MINUTES SUBMITTED — Cable TV Nicholson, Robbins. Nays—None. Regulatory Commission of 10-12; Citizens with Absent—Mayor Duggan, Council Member Nagle. Disabilities Parking Review Committee of 10-10; Civil Service Commission of 8-30; Five Flags Corporation Counsel recommending denial of Commission of 10-23; Housing Code Appeals following claims: property damage of Mary J. Board of 9-19 & 10-17; Housing Commission Anthony; property damage of Rose Brandenburg, Trust Fund Committee of 10-26; Human Rights presented and read. Council Member Kluesner Commission of 9-11; Library Board of Trustees of moved that the communication be received and 9-28; Transit Trustee Board of 9-14; Zoning filed. Seconded by Council Member Robbins. Board of Adjustment of 10-26, presented and read. Carried by the following vote: Yeas—Mayor Pro- Council Member Kluesner moved that the minutes Tem Voetberg, Council Members Kluesner, Krieg, be received and filed. Seconded by Council Nicholson, Robbins. Nays—None. Member Robbins. Carried by the following vote: Absent—Mayor Duggan, Council Member Nagle. Yeas—Mayor Pro-Tem Voetberg, Council Members Kluesner, Krieg, Nicholson, Robbins. Proof of Publication certified to by the Nays—None. Absent—Mayor Duggan, Council Publisher on Combined Public Notices on Finding Member Nagle. of No Significant Effects on the Environment for Davis Ave. Sanitary Sewer Extension and Site GDDC submitting their quarterly report; preparation for Habitat for Humanity, presented Substance Abuse Services Center submitting their and read. Council Member Kluesner moved that quarterly report; Proof of Publication on printed the proof be received and filed. Seconded by Council Proceedings for 10-2-95; Finance Council Member Robbins. Carried by the Director submitting financial reports for following vote: Yeas—Mayor Pro-Tem Voetberg, September, 1995, presented and read. Council Council Members Kluesner, Krieg, Nicholson, Member Kluesner moved that the report be Robbins. Nays—None. Absent—Mayor Duggan, received and filed. Seconded by Council Member Council Member Nagle. Robbins. Carried by the following vote: Yeas—Mayor Pro-Tem Voetberg, Council Dubuque County Board of Supervisors Members Kluesner, Krieg, Nicholson, Robbins. submitting "Abstract of Votes" for City Primary Nays—None. Absent—Mayor Duggan, Council election held on the 10th day of October, 1995, Member Nagle. presented and read. Council Member Kluesner 5Regular Session, November 6, 1995 moved that the Abstract of Votes be received andDirk N. Voetberg, Mayor Pro-Tem filed. Seconded by Council Member Robbins.Attest: Carried by the following vote: Yeas—Mayor Pro-Mary A. Davis, City Clerk Tem Voetberg, Council Members Kluesner, Krieg,Council Member Kluesner moved adoption of Nicholson, Robbins. Nays—None.the Resolution. Seconded by Council Member Absent—Mayor Duggan, Council Member Nagle.Robbins. Carried by the following vote: Yeas—Mayor Pro-Tem Voetberg, Council Mark Wirtz expressing his "Thanks" to serve asMembers Kluesner, Krieg, Nicholson, Robbins. Legal Intern for the City this past summer withNays—None. Absent—Mayor Duggan, Council Bill Blum and Barry Lindahl, presented and read.Member Nagle. Council Member Kluesner moved that the communication be received and filed. SecondedCity Manager recommending acceptance of by Council Member Robbins. Carried by theWarranty Deed for property deeded from the State following vote: Yeas—Mayor Pro-Tem Voetberg,of Iowa, presented and read. Council Member Council Members Kluesner, Krieg, Nicholson,Kluesner moved that the communication be Robbins. Nays—None. Absent—Mayor Duggan,received and filed. Seconded by Council Member Council Member Nagle.Robbins. Carried by the following vote: Yeas—Mayor Pro-Tem Voetberg, Council City Manager requesting non-substantialMembers Kluesner, Krieg, Nicholson, Robbins. amendment to final statement for FY'95, presentedNays—None. Absent—Mayor Duggan, Council and read. Council Member Kluesner moved thatMember Nagle. the communication be received and filed. Seconded by Council Member Robbins. Carried RESOLUTION NO. 369-95 by the following vote: Yeas—Mayor Pro-TemRESOLUTION ACCEPTING Voetberg, Council Members Kluesner, Krieg,CONVEYANCE OF A PARCEL OF LAND Nicholson, Robbins. Nays—None.LOCATED IN LOT 1 OF LOT 44 IN Absent—Mayor Duggan, Council Member Nagle. BABCOCK'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, RESOLUTION NO. 368-95AS SHOWN ON RIGHT-OF-WAY PLAT RESOLUTION APPROVING A NON-EXHIBIT "A" ATTACHED HERETO Whereas, the City of Dubuque, in consideration SUBSTANTIAL AMENDMENT TO THE FINAL STATEMENT OF COMMUNITYof mutual benefit, is desirous of obtaining a parcel DEVELOPMENT OBJECTIVES ANDof land located in Lot 1 of Lot 44 in Babcock's Addition in the City of Dubuque, Dubuque PROJECTED USE OF FUNDS FOR THE County, Iowa, as shown on right-of-way plat COMMUNITY DEVELOPMENT BLOCK GRANT 20TH PROGRAM YEAR (FISCALExhibit "A" attached hereto; and YEAR 1995)Whereas, the State of Iowa has executed a Whereas, the City of Dubuque prepared andWarranty Deed conveying said right-of-way to the filed a Final Statement of CommunityCity of Dubuque, Iowa. Development Objectives and Projected Use ofNOW, THEREFORE, BE IT RESOLVED BY Funds for the Community Development BlockTHE CITY COUNCIL OF THE CITY OF Grant 20th Program Year ("Statement") on orDUBUQUE, IOWA: before June 1, 1994; andSection 1. That the City Council of the City of Whereas, the City of Dubuque now desires toDubuque, Iowa hereby approves of, accepts and amend said Statement to transfer up to $25,000consents to the Warranty Deed from the Iowa from one activity to another activity; andDepartment of Transportation conveying a parcel Whereas, said amendment is a non-substantialof land located in Lot 1 of Lot 44 in the City of amendment as provided in the City's citizenDubuque, Dubuque County, Iowa as shown on participation plan and must therefore be approvedright-of-way plat Exhibit "A" attached hereto and by resolution of the City Council after review andby reference made a part hereof. Said parcel is recommendation by the Community Developmentmore particularly described is as follows: Commission; andBeginning at the NW'erly Corner of Lot 1 of Whereas, the Community DevelopmentLot 44 of said Babcock's Addition; thence Commission reviewed the proposed amendment atS72E32 3/4'E, 14.08 ft., along the north line of a special meeting on October 31, 1995, and hassaid Lot 1 of Lot 44; thence southwesterly voted to approve said amendment and to35.16 ft. along a 367.64 foot radius curve, recommend its approval by the City Council.concave southeasterly and having a chord NOW THEREFORE, BE IT RESOLVED BYbearing S55E31 1/2'W, 35.15 ft.; thence THE CITY COUNCIL OF THE CITY OFS83E14 1/4'W, 10.96 ft., to a point on the west DUBUQUE, IOWA:line of said Lot 1 of Lot 44; thence N46E07 Section 1. That the Final Statement of1/2'E, 36.66 ft., along said west line, to the Community Development Objectives andPoint of Beginning; containing 306 square feet, Projected Use of Funds for the Communitymore or less. Development Block Grant 20th Program Year isSection 2. That the City Clerk be and is hereby hereby amended by transferring $25,000 from theauthorized and directed to file a copy of this Single-Unit Rehab Loan Program to OperationResolution in the offices of the Recorder in and for Upkeep.Dubuque County, Iowa. Section 2. That the City Manager is herebyPassed, approved and adopted this 6th day of authorized and directed to submit a copy of thisNovember, 1995. resolution to the U.S. Department of Housing andDirk N. Voetberg, Mayor Pro-Tem Urban Development.Attest: Passed, approved and adopted this 6th day ofMary A. Davis, City Clerk November, 1995. Regular Session, November 6, 19956 Council Member Kluesner moved adoption ofTom Crall submitting resignation from the the Resolution. Seconded by Council MemberHousing Commission Trust Fund effective 11-6- Robbins. Carried by the following vote:95, presented and read. Council Member Yeas—Mayor Pro-Tem Voetberg, CouncilNicholson moved that the communication be Members Kluesner, Krieg, Nicholson, Robbins.received and filed and resignation accepted with Nays—None. Absent—Mayor Duggan, Councilregret. Seconded by Council Member Kluesner. Member Nagle.Carried by the following vote: Yeas—Mayor Pro- Tem Voetberg, Council Members Kluesner, Krieg, City Manager recommending an extension ofNicholson, Robbins. Nays—None. the agreement with Project Concern for theAbsent—Mayor Duggan, Council Member Nagle. completion of the Child Care Initiative Grant program, presented and read. Council MemberCity Manager requesting approval of an Kluesner moved that the communication beamendment to the lease with U.S. Postal Service received and filed. Seconded by Council Memberby reducing the number of parking spaces from 55 Robbins. Carried by the following vote:to 38 in the Iowa Street Parking Ramp, presented Yeas—Mayor Pro-Tem Voetberg, Counciland read. Council Member Kluesner moved that Members Kluesner, Krieg, Nicholson, Robbins.the communication be received and filed and Nays—None. Absent—Mayor Duggan, Councilamendment approved. Seconded by Council Member Nagle.Member Robbins. Carried by the following vote: Yeas—Mayor Pro-Tem Voetberg, Council Members Kluesner, Krieg, Nicholson, Robbins. RESOLUTION NO. 370-95 A RESOLUTION APPROVING ANNays—None. Absent—Mayor Duggan, Council AMENDMENT TO THE AGREEMENTMember Nagle. WITH PROJECT CONCERN FOR THE Gene Sands requesting leaf burning be allowed ADMINISTRATION AND IMPLEMENTATION OF THE CHILDin the Spring and Fall times of the year, presented CARE INITIATIVE GRANT PROGRAM.and read. Council Member Kluesner moved that Whereas, an agreement with Project Concernthe communication be referred to the City for the administration and implementation of theManager. Seconded by Council Member Robbins. Child Care Initiative Grant Program was approvedCarried by the following vote: Yeas—Mayor Pro- by the City Council on May 16, 1994 byTem Voetberg, Council Members Kluesner, Krieg, Resolution No. 177-94; andNicholson, Robbins. Nays—None. Whereas, an amended agreement, revoking andAbsent—Mayor Duggan, Council Member Nagle. replacing the original agreement, is to be executed by Project Concern, and the same hereto attachedCouncil Member Kluesner moved that the rules and by this reference made a part hereof.be suspended to allow anyone present to address NOW, THEREFORE, BE IT RESOLVED BYthe Council if they so desire. Seconded by Council THE CITY COUNCIL OF THE CITY OFMember Robbins. Carried by the following vote: DUBUQUE, IOWA:Yeas—Mayor Pro-Tem Voetberg, Council Section 1. That the Mayor and City Clerk beMembers Kluesner, Krieg, Nicholson, Robbins. and they are hereby authorized and directed toNays—None. Absent—Mayor Duggan, Council endorse the acceptance of the City of Dubuque,Member Nagle. Iowa, upon the amended agreement hereto attached.Proof of Publication certified to by the Passed, approved and adopted this 6th day ofPublisher on Notice of Hearing to consider November, 1995.reclassifying property located at 3485 Windsor Dirk N. Voetberg, Mayor Pro-TemAve. from R-4 to ID District and approving Attest:Conceptual Development Plan for Stonehill Care Mary A. Davis, City ClerkCenter, presented and read. Council Member Council Member Kluesner moved adoption ofKrieg moved that the proof be received and filed. the Resolution. Seconded by Council Member Seconded by Council Member Nicholson. Carried Robbins. Carried by the following vote:by the following vote: Yeas—Mayor Pro-Tem Yeas—Mayor Pro-Tem Voetberg, CouncilVoetberg, Council Members Kluesner, Krieg, Members Kluesner, Krieg, Nicholson, Robbins.Nicholson, Robbins. Nays—None. Nays—None. Absent—Mayor Duggan, CouncilAbsent—Mayor Duggan, Council Member Nagle. Member Nagle.Sister Dolores Ullrich, Administrator of Stonehill Care Center, spoke requesting approval. BOARDS AND COMMISSIONS City Manager requesting Council concurrenceAn Ordinance Amending Zoning Map by of Housing Commission members chosen to servereclassifying property located at 3485 Windsor on the Housing Trust Fund Committee, presentedAvenue from R-4 Multi-Family Residential and read. Council Member Nicholson moved thatDistrict to ID Institutional District and by they concur with appointments of Kevin Reckerapproving a Conceptual Development Plan for the and James Stock. Seconded by Council MemberStonehill Care Center ID Institutional District, first Kluesner. Carried by the following vote:and second readings given on 10-16, now Yeas—Mayor Pro-Tem Voetberg, Councilpresented for final action. Members Kluesner, Krieg, Nicholson, Robbins. Nays—None. Absent—Mayor Duggan, Council(OFFICIAL PUBLICATION) Member Nagle. ORDINANCE NO. 66-95 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE 7Regular Session, November 6, 1995 c)All uses customarily incidental to the CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYINGprincipal permitted use in conjunction HEREINAFTER DESCRIBED PROPERTYwith which such accessory use is operated LOCATED AT 3485 WINDSOR AVENUEor maintained, but not to include commercial uses outside the principal FROM R-4 MULTI-FAMILY RESIDENTIAL DISTRICT TO IDbuilding. INSTITUTIONAL DISTRICT AND BYB.Lot and Bulk Regulations. Development of land in the ID Institutional APPROVING A CONCEPTUAL District shall be regulated as follows: DEVELOPMENT PLAN FOR THE STONEHILL CARE CENTER ID1)All building structures and activities shall be INSTITUTIONAL DISTRICT.located in conformance with the attached NOW, THEREFORE, BE IT ORDAINED BYconceptual development plan and all final site THE CITY COUNCIL OF THE CITY OFdevelopment plans are to be approved in DUBUQUE, IOWA:accordance with provisions of the ID Section 1. That Appendix A (the ZoningInstitutional District regulations. Ordinance) of the Dubuque Code of Ordinances be2)That all buildings shall be limited to a amended by reclassifying hereinafter describedmaximum height of 40 feet. property from R-4 Multi-Family Residential3)That new light standards shall be restricted to District to ID Institutional District and byheight of 25 feet. approving a conceptual development plan forC.Performance Standards. Stonehill Care Center ID Institutional District, toThe development and maintenance of uses in wit:this ID Institutional District shall be established The North 134 feet of Lot 4 Stonehillin conformance with Section 3-5.2 of the ID Community Subdivision No. 1, and to theInstitutional District. center line of the adjoining public right-of-way,D.Open Space and Recreational Areas all in the City of Dubuque, Iowa.Those areas not designated on the conceptual Section 2. That in order to accomplish thedevelopment plan for development shall be purposes of the ID Institutional District of themaintained as open space, as defined by Section Zoning Ordinance of the City of Dubuque, Iowa,8 of the Zoning Ordinance by the property the conceptual development plan for Stonehillowner and/or association. Care Center, a copy of which is attached to andE.Sign Regulations. made a part hereof, is hereby adopted andThe sign regulations shall be the same as that approved for the following described property, towhich are allowed in Section 4-3.11 of the wit:Zoning Ordinance of the City of Dubuque, Lot 4 and Lot 5 of Stonehill CommunityIowa. Subdivision No. 1, and to the center line of theF.Additional Standards. adjoining public right-of-way, all in the City of1)The conceptual development plan shall be valid Dubuque, Iowa.for a period of 3 years provided final site Section 3. That pursuant to Iowa Code Sectiondevelopment plans are submitted within two 414.5(1993), and as an express condition of theyears from the date of approval. reclassification, the undersigned property owner2)That all previously approved conceptual agrees to the following conditions, all of which thedevelopment plans are hereby amended to property owner further agrees are reasonable andallow for the attached conceptual development imposed to satisfy the public needs that are causedplan. directly by the zoning reclassification:G.Transfer of Ownership A.Use Regulations.Transfer of ownership or lease of property in The following regulations shall apply to allthis ID Institutional District shall include in the uses made of land in the above described IDtransfer or lease agreement a provision that the Institutional District:purchaser or lessee acknowledges awareness of 1)Principal permitted uses shall be limited tothe conditions authorizing the establishment of a)Nursing or convalescent homes. [45]the district. b)Residential care facilities. [18]H.Reclassification of Subject Property. c)Multiple-family dwellings for the housingThe City of Dubuque, Iowa, may initiate of institutional residents or affiliates. [9]zoning reclassification proceedings to the ID d)Offices for administrative personnel orInstitutional District in accordance with Section other institutional employees and affiliates6 of the Zoning Ordinance if the property [14].owner fail to complete any of the conditions of e)Off-street parking and loading.this ordinance. 2)Accessory uses. The following uses shall beI.Modifications. permitted as accessory uses in the aboveAny modifications of this Ordinance must be described ID Institutional District:approved by the City Council in accordance a)Restaurants or cafeterias, flower shops,with zoning reclassification proceedings of gift shops, and candy, cigar or magazineSection 6 of the Zoning Ordinance. stands but only when operated or locatedJ.Recording. entirely within a principal building.A copy of this ordinance shall be recorded at b)Facilities with a compounding,the expense of the property owner(s) with the dispensing, or sales or drugs or medicines,Dubuque County Recorder as a permanent prosthetic devices, lotions or preparations,record of the conditions accepted as part of this bandages or dressings and similar medicalreclassification approval within ten (10) days of or health related supplies, but only whenthe adoption of this ordinance. This ordinance operated or located entirely within ashall be binding upon the undersigned and all principal building.his/her heirs, successors and assignees. Regular Session, November 6, 19958 Section 4. That the foregoing amendment hasOrdinances is hereby amended by reclassifying the heretofore been reviewed by the Zoninghereinafter described property from AG Commission of the City of Dubuque, Iowa.Agricultural District to R-1 Single-Family Section 5. That the foregoing amendment shallResidential District, to wit: take effect upon publication, as provided by law.Lot 1 of Avenarius Place, and to the center line Passed, approved and adopted this 6th day ofof the adjoining public right-of-way, all in the November, 1995.City of Dubuque, Iowa. Dirk N. Voetberg, Mayor Pro-TemSection 2. The foregoing amendment has Attest:heretofore been reviewed by the Zoning Mary A. Davis, City ClerkCommission of the City of Dubuque, Iowa. ACCEPTANCE OF ORDINANCESection 3. This ordinance shall take effect NO. 66-95immediately upon publication, as provided by law. The Stonehill Care Center and Padre PioPassed, approved and adopted this 6th day of Health Care Center, property owner, having readNovember, 1995. the terms and conditions of the foregoingDirk N. Voetberg, Mayor Pro-Tem Ordinance No. 66-95 and being familiar with theAttest: conditions thereof, hereby accept this same andMary A. Davis, City Clerk agree to the conditions required therein.Published officially in the Telegraph Herald Dated in Dubuque, Iowa this 6th day ofthis 10th day of November, 1995. November, 1995.1t 11/10Mary A. Davis CMC, City Clerk By /s/ Sr. Dolores Ullrich, Administrator Council Member Krieg moved final Stonehill Care Centerconsideration and passage of the Ordinance. Published officially in the Telegraph HeraldSeconded by Council Member Nicholson. Carried this 10th day of November, 1995.by the following vote: Yeas—Mayor Pro-Tem 1t 11/10Mary A. Davis CMC, City ClerkVoetberg, Council Members Kluesner, Krieg, Council Member Krieg moved finalNicholson, Robbins. Nays—None. consideration and passage of the Ordinance. Absent—Mayor Duggan, Council Member Nagle. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Pro-TemProof of Publication certified to by the Voetberg, Council Members Kluesner, Krieg,Publisher on Notice of Hearing to consider Nicholson, Robbins. Nays—None.reclassifying property located at 1670 J.F.K. Rd. Absent—Mayor Duggan, Council Member Nagle.from R-1 to C-3 District, presented and read. Council Member Kluesner moved that the proof be Proof of Publication certified to by thereceived and filed. Seconded by Council Member Publisher on Notice of Hearing to reclassifyNicholson. Carried by the following vote: property located East of Ideal Lane from AG to R-Yeas—Mayor Pro-Tem Voetberg, Council 1 District, presented and read. Council MemberMembers Kluesner, Krieg, Nicholson, Robbins. Krieg moved that the proof be received and filed.Nays—None. Absent—Mayor Duggan, Council Seconded by Council Member Nicholson. CarriedMember Nagle. by the following vote: Yeas—Mayor Pro-Tem Voetberg, Council Members Kluesner, Krieg,Steve Selchert, owner of Steve's Ace Hardware, Nicholson, Robbins. Nays—None.requested rezoning as this area is where their Absent—Mayor Duggan, Council Member Nagle.garden is located. Attorney Al Hughes, on behalf of Marlin &An Ordinance Amending Zoning Map by Richie Avenarius, requested approval of request toreclassifying property located at 1670 J. F. rezone.Kennedy Road from R-1 Single-Family Residential District to C-3 General Commercial An Ordinance Amending Zoning Map byDistrict (1st & 2nd readings given on 10-16, now reclassifying property located East of Ideal Lanepresented for final action. from AG Agricultural District to R-1 Single- Family Residential District, first and second(OFFICIAL PUBLICATION) readings given on 10-16, now presented for final ORDINANCE NO. 68-95 action. AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE (OFFICIAL PUBLICATION)CITY OF DUBUQUE CODE OF ORDINANCE NO. 67-95ORDINANCES, BY RECLASSIFYING AN ORDINANCE AMENDING APPENDIXHEREINAFTER DESCRIBED PROPERTY A (THE ZONING ORDINANCE) OF THELOCATED 1670 J.F. KENNEDY ROAD CITY OF DUBUQUE CODE OFFROM R-1 SINGLE-FAMILY ORDINANCES, BY RECLASSIFYINGRESIDENTIAL DISTRICT TO C-3 HEREINAFTER DESCRIBED PROPERTYGENERAL COMMERCIAL DISTRICT. LOCATED EAST OF IDEAL LANE FROMNOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AG AGRICULTURAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIALDUBUQUE, IOWA: DISTRICT.Section 1. That Appendix A (the Zoning NOW, THEREFORE, BE IT ORDAINED BYOrdinance) of the City of Dubuque Code of THE CITY COUNCIL OF THE CITY OFOrdinances is hereby amended by reclassifying the DUBUQUE, IOWA:hereinafter described property from R-1 Single- Section 1. That Appendix A (the ZoningFamily Residential District to C-3 General Ordinance) of the City of Dubuque Code ofCommercial District, to wit: 9Regular Session, November 6, 1995 Lot 2 of Lot 1 of Lot 2 of the West 1/2 of theSection 2. That the Mayor be authorized and Northwest 1/4 of the Northwest 1/4 Section 27directed to execute a Release of Easement, and the T89N, R2E of U.S. West Place Subdivision, allCity Clerk be and is hereby authorized and in the City of Dubuque, Iowa.directed to deliver said Release to Restaurant Section 2. The foregoing amendment hasGroup of Iowa, Inc. upon receipt of the above fees. heretofore been reviewed by the ZoningSection 3. That the City Clerk be and is hereby Commission of the City of Dubuque, Iowa.authorized and directed to record a certified copy Section 3. This ordinance shall take effectof this resolution in the office of the City Assessor, immediately upon publication, as provided by law.Dubuque County Recorder and the Dubuque Passed, approved and adopted this 6th day ofCounty Auditor. November, 1995.Passed, approved and adopted this 6th day of Dirk N. Voetberg, Mayor Pro-TemNovember, 1995. Attest:Dirk N. Voetberg, Mayor Pro-Tem Mary A. Davis, City ClerkAttest: Published officially in the Telegraph HeraldMary A. Davis, City Clerk Council Member Robbins moved adoption of this 10th day of November, 1995. 1t 11/10Mary A. Davis CMC, City Clerkthe Resolution. Seconded by Council Member Council Member Kluesner moved finalNicholson. Carried by the following vote: consideration and passage of the Ordinance. Yeas—Mayor Pro-Tem Voetberg, Council Members Kluesner, Krieg, Nicholson, Robbins. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Pro-TemNays—None. Absent—Mayor Duggan, Council Voetberg, Council Members Kluesner, Krieg,Member Nagle. Nicholson, Robbins. Nays—None. Absent—Mayor Duggan, Council Member Nagle.Proof of Publication certified to by the Publisher on notice of Hearing on Plans and Proof of Publication certified to by theSpecifications for construction of Traffic Signal Installation and Turn Lane at Asbury Road and Publisher on Notice of Hearing to consider disposing of City's interest of 10 feet of an existingNorthwest Arterial intersection, presented and 30' wide utility easement and communication ofread. Council Member Nicholson moved that the City Manager recommending approval of disposal,proof be received and filed. Seconded by Council Member Krieg. Carried by the following vote: presented and read. Council Member Robbins moved that the proof and communication beYeas—Mayor Pro-Tem Voetberg, Council received and filed. Seconded by Council MemberMembers Kluesner, Krieg, Nicholson, Robbins. Nicholson. Carried by the following vote:Nays—None. Absent—Mayor Duggan, Council Member Nagle. Yeas—Mayor Pro-Tem Voetberg, Council Members Kluesner, Krieg, Nicholson, Robbins. Nays—None. Absent—Mayor Duggan, Council Member Nagle.RESOLUTION NO. 372-95 RESOLUTION ADOPTING PLANS RESOLUTION NO. 371-95AND SPECIFICATIONS Whereas, pursuant to resolution and publishedWhereas, on the 12th day of October, 1995, plans, specifications, form of contract and notice of time and place of hearing, published in the Telegraph Herald, a newspaper of generalestimated cost were filed with the City Clerk of circulation published in the City of Dubuque, IowaDubuque, Iowa for the Traffic Signal Installation on the 27th day of October, 1995, The Cityand Turn Lane at Asbury Road and Northwest Arterial Intersection. Council of the City of Dubuque, Iowa met on the 6th day of November, 1995 at 7:00 p.m. in theWhereas, notice of hearing on plans, Public Library Auditorium, 11th and Locust,specifications, form of contract, and estimated cost was published as required by law. Dubuque, Dubuque County, Iowa to consider the proposal for the vacation and release of real estateNOW THEREFORE, BE IT RESOLVED BY described as:THE CITY COUNCIL OF THE CITY OF Ten feet of an existing 30 foot wide utilityDUBUQUE, IOWA: That the said plans, specifications, form of easement on Lot 2C abutting Lots 8, 9, 10 and 11 all in Block 10 of Dubuque Harborcontract and estimated cost are hereby approved as Company's Addition in the City of Dubuque, asthe plans, specifications, form of contract and shown on the attached Exhibit Aestimated cost for said improvements for said project. Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,Passed, adopted and approved this 6th day of oral or written, to the proposal to dispose ofNovember, 1995. interest of the City of Dubuque, Iowa, in theDirk N. Voetberg, Mayor Pro-Tem hereinabove described real estate.Attest: NOW, THEREFORE, BE IT RESOLVED BYMary A. Davis, City Clerk THE CITY COUNCIL OF THE CITY OFCouncil Member Nicholson moved adoption of the Resolution. Seconded by Council Member DUBUQUE, IOWA: Section 1. That the disposal of the interest ofKrieg. Carried by the following vote: the City of Dubuque, Dubuque County, Iowa inYeas—Mayor Pro-Tem Voetberg, Council real property described as 10 feet of an existing 30Members Kluesner, Krieg, Nicholson, Robbins. Nays—None. Absent—Mayor Duggan, Council foot wide utility easement on Lot 2C abutting Lots 8, 9, 10 and 11 all in Block 10 of DubuqueMember Nagle. Harbor Company's Addition in the City of Dubuque, Iowa be and the same is herebyProof of Publication certified to by the Publisher on Notice to Bidders on Receipt of bids approved for the cost of publication and filing fees. for project and City Manager recommending to Regular Session, November 6, 199510 award contract for project, presented and read.(OFFICIAL PUBLICATION) Council Member Nicholson moved that the proof ORDINANCE NO. 69-95 and communication be received and filed.AN ORDINANCE ESTABLISHING THE Seconded by Council Member Krieg. Carried byUPPER MAIN URBAN REVITALIZATION the following vote: Yeas—Mayor Pro-TemAREA AS AN URBAN REVITALIZATION Voetberg, Council Members Kluesner, Krieg, AREA PURSUANT TO CHAPTER 404 OF Nicholson, Robbins. Nays—None.THE CODE OF IOWA Absent—Mayor Duggan, Council Member Nagle.NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 373-95 AWARDING CONTRACTSection 1. That the Upper Main Urban Whereas, sealed proposals have been submittedRevitalization Area as hereinafter described shall by contractors for the Traffic Signal Installationhereafter be designated an urban revitalization area and Turn Lane at Asbury Road and Northwestpursuant to Chapter 404 of the Code of Iowa Arterial Intersection pursuant to Resolution No.1995, to wit: 366-95 and notice to bidders published in a Beginning at the alley between Locust and Main newspaper published in the City of Dubuque, Iowa on 10th Street and extending north along this on the 20th day of October, 1995.alleyway to 13th Street, east along 13th Street to Whereas, said sealed proposals were openedMain Street, north on Main Street to 14th Street, and read on the 26th day of October, 1995 and it east on 14th Street to Iowa Street, south on Iowa has been determined that the bid of Portzen Street to 13th Street, east on 13th Street to Central Construction, Inc. of Dubuque, Iowa in the amountAvenue, south on Central Avenue to 11th Street, of $48,560.73 was the lowest bid for thewest on 11th Street to the alleyway between Iowa furnishings of all labor and materials and Street and Main Street, south along this alleyway performing the work as provided for in the plans to 10th Street, west on 10th Street to the point of and specifications.origination. NOW THEREFORE, BE IT RESOLVED BY Section 2. That the Upper Main Urban THE CITY COUNCIL OF THE CITY OF Revitalization Area Plan as hereto attached is DUBUQUE, IOWA:hereby adopted and approved and the properties That the contract for the above improvement bewithin said described area shall be subject to the awarded, subject to the concurrence of the Iowa provisions of said Plan. Department of Transportation, to Portzen Section 3. That the Upper Main Urban Construction, Inc. and the Manager be and isRevitalization Plan shall hereafter be on file in the hereby directed to execute a contract on behalf ofCity Clerk's Office, City Hall, Dubuque, Iowa. the City of Dubuque for the complete performance Passed, approved and adopted this 6th day of of the work. November, 1995. BE IT FURTHER RESOLVED:Dirk N. Voetberg, Mayor Pro-Tem That upon the signing of said contract and theAttest: approval of the contractor's bond, the City Mary A. Davis, City Clerk Treasurer is authorized and instructed to return thePublished officially in the Telegraph Herald bid deposits of the unsuccessful bidders. this 10th day of November, 1995. Passed, approved and adopted this 6th day of 1t 11/10Mary A. Davis CMC, City Clerk November, 1995. Council Member Krieg moved final Dirk N. Voetberg, Mayor Pro-Temconsideration and passage of the Ordinance. Attest: Seconded by Council Member Nicholson. Carried Mary A. Davis, City Clerk by the following vote: Yeas—Mayor Pro-Tem Council Member Nicholson moved adoption of Voetberg, Council Members Kluesner, Krieg, the Resolution. Seconded by Council MemberNicholson, Robbins. Nays—None. Krieg. Carried by the following vote: Absent—Mayor Duggan, Council Member Nagle. Yeas—Mayor Pro-Tem Voetberg, Council Members Kluesner, Krieg, Nicholson, Robbins. Proof of Publication certified to by the Nays—None. Absent—Mayor Duggan, CouncilPublisher on Notice of Hearing to approve an Member Nagle. amendment to the Community Development Block Grant (CDBG) Final Statement and City Manager Proof of Publication certified to by therecommending approval of amendment, presented Publisher on Notice of Hearing to designate an and read. Council Member Robbins moved that Upper Main Urban Revitalization Area Plan, the proof and communication be received and presented and read. Council Member Krieg moved filed. Seconded by Council Member Nicholson. that the proof be received and filed. Seconded byCarried by the following vote: Yeas—Mayor Pro- Council Member Nicholson. Carried by the Tem Voetberg, Council Members Kluesner, Krieg, following vote: Yeas—Mayor Pro-Tem Voetberg, Nicholson, Robbins. Nays—None. Council Members Kluesner, Krieg, Nicholson, Absent—Mayor Duggan, Council Member Nagle. Robbins. Nays—None. Absent—Mayor Duggan, Council Member Nagle. RESOLUTION NO. 374-95 RESOLUTION APPROVING AN An Ordinance Establishing the Upper Main AMENDMENT TO THE FINAL Urban Revitalization Area as an Urban STATEMENT FOR THE COMMUNITY Revitalization area pursuant to Chapter 404 of the DEVELOPMENT BLOCK GRANT 20TH Code of Iowa, first & second readings given 10-2- PROGRAM YEAR (FISCAL YEAR 1995) 95, presented and read.Whereas, The City of Dubuque prepared and filed a Final Statement of Community 11Regular Session, November 6, 1995 Development Objectives and Projected Use of A RESOLUTION AUTHORIZING A Funds for the Community Development BlockLETTER OF COMMITMENT AND Grant 20th Program Year ("Statement") on orADDITIONAL ACTIONS CONCERNING A before DOWNTOWN REHABILITATION LOAN June 1, 1994; and TO MR. FRED BAKEY. Whereas, the City now desires to amend saidWhereas, the City of Dubuque, Iowa, has Statement to establish four new activities andcreated a Downtown Rehabilitation Loan Program reduce funding in two existing activities as shownfor the purpose of stimulating reinvestment in the on the attached table entitled Exhibit A; andDowntown Urban Renewal District; and Whereas, said amendment is a substantialWhereas, the City of Dubuque, Iowa is amendment as provided in the City's Citizenencouraging the use of this loan program to Participation Plan and must therefore be approvedfinance code compliance activities and to spur job by resolution of the City Council after review andcreation and upper story housing unit recommendation by the Community Developmentdevelopment; and Commission and a public hearing by the CityWhereas, Mr. Bakey's loan application meets Council; andthe requirements of this program; and Whereas, the Community DevelopmentWhereas, a Commitment Letter, hereto attached Commission reviewed the proposedand by this reference made a part hereof, sets forth amendment at a meeting on September 12, 1995,the terms and conditions of Mr. Bakey's and has voted to approve said amendment and toparticipation in the Downtown Rehabilitation Loan recommend its approval by the City Council; andProgram. Whereas, a public hearing was held onNOW, THEREFORE, BE IT RESOLVED BY November 6, 1995, at which time the public wasTHE CITY COUNCIL OF THE CITY OF provided an opportunity to comment on theDUBUQUE, IOWA: proposed amendment. Section 1. That the application of Mr. Fred NOW, THEREFORE, BE IT RESOLVED BYBakey for participation in the Downtown THE CITY COUNCIL OF THE CITY OFRehabilitation Loan Program is hereby accepted DUBUQUE, IOWA:and approved. Section 1. That the amendment to the FinalSection 2. That the Mayor is hereby authorized Statement for the Community Development Blockto execute, on behalf of the City Council of the Grant 20th Program Year attached hereto asCity of Dubuque, Iowa, the attached Commitment Exhibit A is hereby approved.Letter and to forward said letter to Mr. Bakey for Section 2. That the City Manager is herebyreview and approval. authorized and directed to submit a copy of thisSection 3. That the City Manager be and he is resolution to the U.S. Department of Housing andhereby directed to prepare, upon execution and Urban Development.receipt of the attached Commitment Letter by Mr. Passed, approved and adopted this 6th day ofBakey, the necessary loan documents in November, 1995.accordance with the terms and conditions set forth Dirk N. Voetberg, Mayor Pro-Temin said Commitment Letter. Attest:Section 4. That the City Manager is hereby Mary A. Davis, City Clerkauthorized to execute, on behalf of the City Council Member Robbins moved adoption ofCouncil of the City of Dubuque, Iowa, all the Resolution. Seconded by Council Membernecessary loan documents and is further authorized Nicholson. Carried by the following vote:to disburse loan funds from the Downtown Yeas—Mayor Pro-Tem Voetberg, CouncilRehabilitation Loan Program, in accordance with Members Kluesner, Krieg, Nicholson, Robbins.the terms and conditions of the executed Nays—None. Absent—Mayor Duggan, Councilagreement. Member Nagle.Passed, approved and adopted this 6th day of November, 1995. City Manager requesting approval to provideDirk N. Voetberg, Mayor Pro-Tem $5,000 of UDAG Funds to support FDL FoodsAttest: Labor-Management Worker Transition effort,Mary A. Davis, City Clerk presented and read. Council Member KluesnerCouncil Member Kluesner moved adoption of moved that the communication be received andthe Resolution. Seconded by Council Member filed and approved request. Seconded by CouncilNicholson. Carried by the following vote: Member Nicholson. Carried by the following vote:Yeas—Mayor Pro-Tem Voetberg, Council Yeas—Mayor Pro-Tem Voetberg, CouncilMembers Kluesner, Krieg, Nicholson, Robbins. Members Kluesner, Krieg, Nicholson, Robbins.Nays—None. Absent—Mayor Duggan, Council Nays—None. Absent—Mayor Duggan, CouncilMember Nagle. Member Nagle. City Manager recommending approval of a Fair City Manager recommending approval of aHousing Analysis Consultant Contract, presented $100,000 loan, and a companion $10,000 grantand read. Council Member Nicholson moved that for predevelopment costs to Fred Bakey, presentedthe communication be received and filed. and read. Council Member Kluesner moved thatSeconded by Council Member Krieg. Carried by the communication be received and filed.the following vote: Yeas—Mayor Pro-Tem Seconded by Council Member Nicholson. CarriedVoetberg, Council Members Kluesner, Krieg, by the following vote: Yeas—Mayor Pro-TemNicholson, Robbins. Nays—None. Voetberg, Council Members Kluesner, Krieg,Absent—Mayor Duggan, Council Member Nagle. Nicholson, Robbins. Nays—None. Absent—Mayor Duggan, Council Member Nagle. RESOLUTION 375-95 A RESOLUTION APPROVING THE RESOLUTION 376-95SELECTION OF A CONSULTANT TO Regular Session, November 6, 199512 PREPARE A FAIR HOUSING ANALYSISCity Manager submitting ordinances allowing for installation of stop signs at the following OF THE CITY OF DUBUQUE AND AUTHORIZING THE CITY MANAGER TOlocations: Lincoln Ave. at Fengler St., Iowa St. at EXECUTE AN APPROPRIATE CONTRACTWest 17th St., all intersections along Van Buren FOR SAID ANALYSIS.St. and Fengler at Garfield and a "Yield" sign at Whereas, the City of Dubuque, Iowa isCherokee Drive and Marion St., presented and required by the U.S. Department of Housing andread. Council Member Nicholson moved that the Urban Development to complete a Fair Housingcommunication be received and filed. Seconded Analysis; andby Council Member Robbins. Carried by the Whereas, the City of Dubuque, Iowa, as part offollowing vote: Yeas—Mayor Pro-Tem Voetberg, the overall Community Development Block GrantCouncil Members Kluesner, Krieg, Nicholson, program, is interested in identifying impedimentsRobbins. Nays—None. Absent—Mayor or barriers to fair housing in our community; andDuggan, Council Member Nagle. Whereas, a Request for Proposals solicited consultant services to prepare the Fair HousingAn Ordinance Amending Code of Ordinances Analysis; and by revising subsection (b) of Section 32-213 Whereas, The John Marshall Law School Fairproviding for the change of through street Housing Legal Support Center is recommended todesignation for Lincoln Avenue and an Ordinance complete the Fair Housing Analysis.Amending Code of Ordinances by modifying NOW, THEREFORE, BE IT RESOLVED BYsubsection (b) of Section 32-214 providing for THE CITY COUNCIL OF THE CITY OFaddition of stop signs at Lincoln Avenue and DUBUQUE, IOWA:Fengler Street., presented and read. Council Section 1. That the selection of The JohnMember Nicholson moved that this be considered Marshall Law School Fair Housing Legal Supportthe first reading of the Ordinance. Seconded by Center as the consultant to prepare a Fair HousingCouncil Member Robbins. Carried by the Analysis of the city of Dubuque is herebyfollowing vote: Yeas—Mayor Pro-Tem Voetberg, approved.Council Members Krieg, Nicholson, Robbins. Section 2. That the City Manager is herebyNays—Council Member Kluesner. authorized to execute, on behalf of the CityAbsent—Mayor Duggan, Council Member Nagle. Council of the City of Dubuque, Iowa, a contract with The John Marshall Law School Fair HousingAn Ordinance Amending Code of Ordinances Legal Support Center for consultant services not toby modifying subsection (b) of Section 32-214 exceed $10,000.00.providing for addition of a stop sign at Iowa Street Passed, approved and adopted this 6th day ofand West 17th Street; an Ordinance Amending November, 1995. Code of Ordinances by adding Van Buren Street as Dirk N. Voetberg, Mayor Pro-Tema through street in subsection (b) of Section 32- Attest:213; An Ordinance Amending Code of Ordinances Mary A. Davis, City Clerkby modifying subsection (b) of Section 32-214 Council Member Nicholson moved adoption ofthereof providing for addition of stop sign at the Resolution. Seconded by Council Memberintersection of Fengler St. and Garfield St.; An Krieg. Carried by the following vote:Ordinance Amending Code of Ordinances by Yeas—Mayor Pro-Tem Voetberg, Councilmodifying subsection (b) of Section 32-214 Members Kluesner, Krieg, Nicholson, Robbins.providing for the addition of a yield sign at Nays—None. Absent—Mayor Duggan, CouncilCherokee Drive and Marion Street, presented and Member Nagle.read. Council Member Nicholson moved that this be considered the first reading of the Ordinances. City Manager recommending approval of anSeconded by Council Member Robbins. Carried extension of Agreement with the Tri-State Healthby the following vote: Yeas—Mayor Pro-Tem C.A.R.E. Coalition at a cost of $4,800, presentedVoetberg, Council Members Kluesner, Krieg, and read. Council Member Krieg moved that theNicholson, Robbins. Nays—None. communication be received and filed andAbsent—Mayor Duggan, Council Member Nagle. recommendation approved. Seconded by Council Member Nicholson. Carried by the following vote:City Manager submitting changes to the City Yeas—Mayor Pro-Tem Voetberg, CouncilCode of Ordinances to be consistent with recent Members Kluesner, Krieg, Nicholson, Robbins.changes in the Iowa Code, presented and read. Nays—None. Absent—Mayor Duggan, CouncilCouncil Member Nicholson moved that the Member Nagle.communication be received and filed. Seconded by Council Member Robbins. Carried by the City Manager recommending that a Firefollowing vote: Yeas—Mayor Pro-Tem Voetberg, Department Tanker be donated to the DubuqueCouncil Members Kluesner, Krieg, Nicholson, County Fire Association, presented and read.Robbins. Nays—None. Absent—Mayor Duggan, Council Member Robbins moved that theCouncil Member Nagle. communication be received and filed and approved recommendation. Seconded by Council MemberAn Ordinance Amending certain sections of the Nicholson. Carried by the following vote:City Code of Ordinances and enacting new Yeas—Mayor Pro-Tem Voetberg, CouncilSections 5-6, 5-7(a) and 33-3 to be consistent with Members Kluesner, Krieg, Nicholson, Robbins.recent changes in the Iowa Code, presented and Nays—None. Absent—Mayor Duggan, Councilread. Council Member Nicholson moved that this Member Nagle.be considered the first reading of the Ordinance. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Pro-Tem 13Regular Session, November 6, 1995 Voetberg, Council Members Kluesner, Krieg,Passed, approved and adopted this 6th day of Nicholson, Robbins. Nays—None.November, 1995. Absent—Mayor Duggan, Council Member Nagle.Dirk N. Voetberg, Mayor Pro-Tem Attest: City Manager submitting ordinance providingMary A Davis, City Clerk for 15 minute parking on portion of White St.,Council Member Nicholson moved adoption of presented and read. Council Member Krieg movedthe Resolution. Seconded by Council Member that the communication be received and filed.Robbins. Carried by the following vote: Seconded by Council Member Nicholson. CarriedYeas—Mayor Pro-Tem Voetberg, Council by the following vote: Yeas—Mayor Pro-TemMembers Kluesner, Krieg, Nicholson, Robbins. Voetberg, Council Members Kluesner, Krieg,Nays—None. Absent—Mayor Duggan, Council Nicholson, Robbins. Nays—None.Member Nagle. Absent—Mayor Duggan, Council Member Nagle. RESOLUTION NO. 378-95 An Ordinance Amending Section 32-262(e) ofWhereas, applications for Liquor Licenses have the Code of Ordinances restricting parking to 15been submitted to this Council for minutes on White Street, east side, from E. 7th St.approval and the same have been examined and to a point of 40 feet north of E. 7th Street,approved; and presented and read. Council Member Krieg movedWhereas, the premises to be occupied by such that this be considered the first reading of theapplicants were inspected and found to Ordinance. Seconded by Council Membercomply with the State Laws and all City Nicholson. Carried by the following vote:Ordinances relevant thereto and they have filed Yeas—Mayor Pro-Tem Voetberg, Councilproper bonds. Members Kluesner, Krieg, Nicholson, Robbins.NOW, THEREFORE, BE IT RESOLVED BY Nays—None. Absent—Mayor Duggan, CouncilTHE CITY COUNCIL OF THE CITY OF Member Nagle.DUBUQUE, IOWA: That the Manager be authorized to cause to be City Manager recommending approval ofissued the following named applicants demolition permit to demolish single familya Liquor License. dwelling at 535 West Third St., presented andCLASS "C" (COMMERCIAL) read. Council Member Robbins moved that theBEER & LIQUOR LICENSE communication be received and filed and approvedThe Ground Round Inc.The Ground Round permit. Seconded by Council Member Krieg.+(Sunday Sales)50 JFK Rd. Carried by the following vote: Yeas—Mayor Pro-T & M Inc.Mario's Italian Rest Tem Voetberg, Council Members Kluesner, Krieg,+(Sunday Sales)1298 Main Nicholson, Robbins. Nays—None.Sam W ChiuLong Yuen Restr. Absent—Mayor Duggan, Council Member Nagle.+(Sunday Sales)2600 Dodge St. David L. LyonsRiver City Tap & Grill City Manager recommending to pay the Four+(Sunday Sales)1406 Pine St Mounds Foundation for hail damage to buildingsSun's CorpYen Ching Restr. at Four Mounds Park with funding to be made926 Main St through a budget amendment, presented and read.Passed, approved and adopted this 6th day of Council Member Krieg moved that theNovember, 1995. communication be received and filed and approvedDirk N. Voetberg, Mayor Pr Tem use of insurance monies to make repairs.Attest: Seconded by Council Member Nicholson. CarriedMary A. Davis, City Clerk by the following vote: Yeas—Mayor Pro-TemCouncil Member Nicholson moved adoption of Voetberg, Council Members Kluesner, Krieg,the Resolution. Seconded by Council Member Nicholson, Robbins. Nays—None.Robbins. Carried by the following vote: Absent—Mayor Duggan, Council Member Nagle.Yeas—Mayor Pro-Tem Voetberg, Council Members Kluesner, Krieg, Nicholson, Robbins. RESOLUTION NO. 377-95Nays—None. Absent—Mayor Duggan, Council Whereas, applications for Beer Permits haveMember Nagle. been submitted and filed to this Council for approval and the same have been examined andCity Manager recommending public hearing be approved; and set for amendment to current Fiscal Year budget, Whereas, the premises to be occupied by suchpresented and read. Council Member Kluesner applicants were inspected and found to complymoved that the communication be received and with the Ordinances of this City and have filedfiled. Seconded by Council Member Robbins. proper bonds.Carried by the following vote: Yeas—Mayor Pro- NOW, THEREFORE, BE IT RESOLVED BYTem Voetberg, Council Members Kluesner, Krieg, THE CITY COUNCIL OF THE CITY OFNicholson, Robbins. Nays—None. DUBUQUE, IOWA:Absent—Mayor Duggan, Council Member Nagle. That the Manager be authorized to cause to be issued the following named applicants a BeerRESOLUTION NO. 379-95 Permit.RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PROPOSED CLASS "C" BEER PERMIT AMENDMENT TO THE FISCAL YEAR TFM Co.Oky Doky # 61996 BUDGET AND DATE OF PUBLIC +(Sunday Sales)1256 Iowa Molo Oil Com. HEARING Big 10 Mart +(Sunday Sales)1875 JFK RdWhereas, it is proposed that the City of Iowa Oil Com.IOCO Speede ShoppeDubuque amend its Fiscal Year 1996 budget; and +(Sunday Sales)3270 Dodge Regular Session, November 6, 199514 Whereas, Section 384.16 of the Code of Iowa____________________________________ stipulates that a public hearing must be held onMayor such a budget amendment. NOW, THEREFORE, BE IT RESOLVED BY ____________________________________ THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby ____________________________________ authorized and directed to publish notice of public hearing on an amendment to the adopted budget ____________________________________ for the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of November, 1995. ____________________________________ Dirk N. Voetberg, Mayor Pro-Tem Attest: Mary A. Davis, City Clerk ____________________________________ Council Member Kluesner moved adoption of the Resolution and setting Public Hearing for ____________________________________ November 20, 1995 at 7:00 p.m. and direct the Council Members City Clerk to publish notice in the manner prescribed by law. Seconded by Council Member Robbins. Carried by the following vote:Attest: Yeas—Mayor Pro-Tem Voetberg, Council Members Kluesner, Krieg, Nicholson, Robbins. ____________________________________ Nays—None. Absent—Mayor Duggan, Council City Clerk Member Nagle. City Manager requesting a public hearing be set to act upon request of FDL Foods, Inc. for a partial release of real estate mortgage for property sold to Mr. Russ Steve, presented and read. Council Member Kluesner moved that the communication be received and filed and set Public Hearing for 11-20-95 at 7:00 p.m. and direct the City Clerk to publish notice in the manner required by law. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Pro-Tem Voetberg, Council Members Kluesner, Krieg, Nicholson, Robbins. Nays—None. Absent—Mayor Duggan, Council Member Nagle. At 7:57 P.M., Council Member Kluesner moved to go into Closed Session in accordance with Chapter 21.5 1.(c) "To discuss strategy with counsel in matters that are presently in litigation." Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Pro- Tem Voetberg, Council Members Kluesner, Krieg, Nicholson, Robbins. Nays—None. Absent—Mayor Duggan, Council Member Nagle. Council reconvened at 8:10 p.m. with statement that direction was given to Legal Counsel regarding litigation. There being no further business, Council Member Krieg moved to adjourn the meeting. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Pro-Tem Voetberg, Council Members Kluesner, Krieg, Nicholson, Robbins. Nays—None. Absent—Mayor Duggan, Council Member Nagle. Meeting adjourned at 8:11 p.m. Mary A. Davis CMC City Clerk Approved ______________________, 1996. Adopted _______________________, 1996. Regular Session, November 20, 19951 and report. Seconded by Council Member Voetberg. Carried by the following vote: DUBUQUE Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg. Nays—None. Absent—Council Member CITY COUNCIL Nicholson. Corporation Counsel recommending settlement of following claims and directing Finance Director OFFICIAL to issue proper checks: Personal injury of Amy E. PROCEEDINGS Hird in amount of $61.80; Truck damage of Robert Schiel in amount of $194.68, presented and read. Council Member Nagle moved that the communications be received and filed and City Council, Regular Session, November 20, settlements approved with Finance Director to 1995 issue checks. Seconded by Council Member Council met at 7:00 p.m., Public Library Voetberg. Carried by the following vote: Auditorium. Yeas—Mayor Duggan, Council Members Present: Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg. Kluesner, Krieg, Nagle, Robbins, Voetberg, City Nays—None. Absent—Council Member Manager Michael Van Milligen, Corporation Nicholson. Counsel Barry A. Lindahl. Absent: Council Member Nicholson. Corporation Counsel advising following claims have been referred to Crawford & Company, the Mayor Duggan read the call and stated this is agent for the Iowa Communities Assurance Pool: the Regular Session of the City Council called for Personal injury of Brent Brown; Personal injury of the purpose to act upon such business which may Jack Frain; Personal injury of Karla Gabriel; properly come before the Council. Personal injury of Debra Hauber, presented and read. Council Member Nagle moved that the Invocation was given by Rev. Msgr. Francis communications be received and filed. Seconded Friedl. by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Duggan, Council Mayor Duggan presented the City with a Members Kluesner, Krieg, Nagle, Robbins, plaque from our Sister City, Handan, China and a Voetberg. Nays—None. Absent—Council Signed Agreement which was signed on his recent Member Nicholson. trip to China. Charlene Crall submitting her resignation from MINUTES SUBMITTED — Historic Historic Preservation Commission and Tom Crall Preservation Commission of 10-26; Housing submitting his resignation from Anti Gang Task Commission Trust Fund Committee of 11-3; Force, Housing Commission and Housing Human Rights Commission of 10-9; Un-approved Commission Trust Fund Committee, presented and of Investment Oversight Commission of 10-26; read. Council Member Nagle moved that the Library Board of Trustees of 10-26; Park & communications be received and filed and Recreation Commission of 10-24; Zoning resignations and accepted with regret. Seconded Commission of 11-1, presented and read. Council by Council Member Voetberg. Carried by the Member Nagle moved that the minutes be received following vote: Yeas—Mayor Duggan, Council and filed. Seconded by Council Member Members Kluesner, Krieg, Nagle, Robbins, Voetberg. Carried by the following vote: Voetberg. Nays—None. Absent—Council Yeas—Mayor Duggan, Council Members Member Nicholson. Kluesner, Krieg, Nagle, Robbins, Voetberg. Nays—None. Absent—Council Member Dubuque County Board of Supervisors Nicholson. submitting "Abstract of Votes" for General Election held on November 7, 1995, presented and Proof of Publication certified to by the read. Council Member Nagle moved that the Publisher on Couler Valley Urban Drainage Abstract be received and filed. Seconded by District, Quarterly Board of Health and City Council Member Voetberg. Carried by the Council meetings of 10-17-95, Proof of following vote: Yeas—Mayor Duggan, Council Publication on List of Claims paid for September, Members Kluesner, Krieg, Nagle, Robbins, 1995, presented and read. Council Member Nagle Voetberg. Nays—None. Absent—Council moved that the proof and minutes be received and Member Nicholson. filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Housing Services Manager advising of their Duggan, Council Members Kluesner, Krieg, appointment of Jim Giesen as liaison member to Nagle, Robbins, Voetberg. Nays—None. the Community Development Commission, and Absent—Council Member Nicholson. advising of resignation of Louise Zimmerman from the Housing Commission, presented and read. NOTICES OF CLAIMS/SUITS — EMC Council Member Nagle moved that the Insurance Companies by Kristin Tallman in the communication be received and filed and approved amount of $10,929.13 for property damages; the appointment. Seconded by Council Member Dianne M. Lenane in amount of $885.60 for Voetberg. Carried by the following vote: personal injuries; Jeff Treanor in amount of Yeas—Mayor Duggan, Council Members $325.00 for property damages, presented and read. Kluesner, Krieg, Nagle, Robbins, Voetberg. Council Member Nagle moved that the claims and suits be referred to Legal Staff for investigation 2 Regular Session, November 20, 1995 Nays—None. Absent—Council MemberYeas—Mayor Duggan, Council Members Nicholson.Kluesner, Krieg, Nagle, Robbins, Voetberg. Nays—None. Absent—Council Member City Manager advising of TelecommunicationsNicholson. Legislation, presented and read. Council Member Nagle moved that the communication be received RESOLUTION NO. 382-95 and filed. Seconded by Council MemberWhereas, applications for Liquor Licenses have Voetberg. Carried by the following vote:been submitted to this Council for Yeas—Mayor Duggan, Council Membersapproval and the same have been examined and Kluesner, Krieg, Nagle, Robbins, Voetberg.approved; and Nays—None. Absent—Council MemberWhereas, the premises to be occupied by such Nicholson.applicants were inspected and found to comply with the State Laws and all City City Manager submitting Dubuque CommunityOrdinances relevant thereto and they have filed Advisory Panel update, presented and read.proper bonds. Council Member Nagle moved that theNOW, THEREFORE, BE IT RESOLVED BY communication be received and filed. SecondedTHE CITY COUNCIL OF THE CITY OF by Council Member Voetberg. Carried by theDUBUQUE, IOWA: following vote: Yeas—Mayor Duggan, CouncilThat the Manager be authorized to cause to be Members Kluesner, Krieg, Nagle, Robbins,issued the following named applicants Voetberg. Nays—None. Absent—Councila Liquor License. Member Nicholson.CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE RESOLUTION NO. 380-95Paul F. RaschRasch's Wheelhouse NOW, THEREFORE, BE IT RESOLVED BY+(Sunday & Outdoor)1630 E 16th THE CITY COUNCIL OF THE CITY OFKahn Family EnterprPasta O'Sheas DUBUQUE, IOWA:+(Sunday Sales)395 W. 9th St That the following having complied with theAragon Tap, Inc.Aragon Tap, Inc provisions of law relating to the sale+(Sunday Sales)1103 Iowa St of Cigarettes within the City of Dubuque, Iowa, beRay F. HerzogBridge Restr. granted a permit to sell Cigarettes and Cigarette+(Sunday Sales)31 Locust St Papers within said City.Passed, approved and adopted this 20th day of Tara's This That & I DunnoTara RoskoppNovember, 1995 1814 Central AveTerrance M. Duggan, Mayor Passed, approved and adopted this 20th day ofAttest: November, 1995.Karen M. Chesterman, Deputy City Clerk Terrance M. Duggan, MayorCouncil Member Nagle moved adoption of the Attest:Resolution. Seconded by Council Member Karen M. Chesterman, Deputy City ClerkVoetberg. Carried by the following vote: Council Member Nagle moved adoption of theYeas—Mayor Duggan, Council Members Resolution. Seconded by Council MemberKluesner, Krieg, Nagle, Robbins, Voetberg. Voetberg. Carried by the following vote:Nays—None. Absent—Council Member Yeas—Mayor Duggan, Council MembersNicholson. Kluesner, Krieg, Nagle, Robbins, Voetberg. Nays—None. Absent—Council MemberBOARDS AND COMMISSIONS Nicholson. HOUSING COMMISSION: RESOLUTION NO. 381-95Housing Commission applicants were invited to Whereas, applications for Beer Permits haveaddress the Council regarding appointment. (Ruth been submitted and filed to this Council forClark, Jim Holz, Denette Kellogg and Harry approval and the same have been examined andNeustadt). Jim Holz addressed the Council. approved; and Whereas, the premises to be occupied by suchINVESTMENT OVERSIGHT applicants were inspected and found to comply COMMISSION: with the Ordinances of this City and have filedInvestment Oversight Commission applicant proper bonds.was invited to address the Council regarding NOW, THEREFORE, BE IT RESOLVED BYappointment. (F. (Scott) Motto, CFA). F. (Scott) THE CITY COUNCIL OF THE CITY OFMotto addressed the Council. DUBUQUE, IOWA: That the Manager be authorized to cause to beCouncil Member Nagle moved that the rules be issued the following named applicants a Beersuspended to allow anyone present to address the Permit.Council. Seconded by Council Member Voetberg. CLASS "C" BEER PERMITCarried by the following vote: Yeas—Mayor Rainbo Oil CompanyKwik Stop Food MartDuggan, Council Members Kluesner, Krieg, +(Sunday Sales)2297 UniversityNagle, Robbins, Voetberg. Nays—None. Passed, approved and adopted this 20th day ofAbsent—Council Member Nicholson. November, 1995. Terrance M. Duggan, MayorProof of Publication certified to by the Attest:Publisher on Notice of Public Hearing to amend Karen M. Chesterman, Deputy City Clerkcurrent FY'96 Budget and City Manager Council Member Nagle moved adoption of therecommending approval of amendment, presented Resolution. Seconded by Council Memberand read. Council Member Kluesner moved that Voetberg. Carried by the following vote:the proof be received and filed. Seconded by Regular Session, November 20, 19953 Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg. Nays—None. Absent—Council Member Nicholson. Mr. Bud Isenhart, 8908 Quail Ridge Rd., questioned the impact concerning the TIF monies on the county and school taxing entities. 4 Regular Session, November 20, 1995 ******Budget inserted here. Regular Session, November 20, 1995 Farm &SIC' Page 2 CITY BUDGET AMENDMENT AHD CERTIFICATION RESOLUTION To Me Audios of ire Tie Cowell el the Cry el Dubuzym may. b,.a: 353 i%Crember 20 as said Vy(tataii.a) ,net an anal a ennead r 2. le i>wWeu.or1995 af Nee •ndrr Hein In the notice, a copy sNl ol erhidl aceenouni.s I1. ata and apaiel trr entendm.s,l W`� a the gagged amendm.tll it was torewr.d and taayay.rs ems h..rd bn aret shoo 6,e1 f The Calpn M pr aria , tageyen withirq io be Mara and meideriy the o9made ade by Merle f)ev. Won ae b.a.i s t•soaAon area MoeeuCed. I I Io the a,aON and ■,00f atians PraW.M •t the Mamp. D any. TMra RESOLUTION Na_ 2(11,2 A RESOLUTION AMENDOIO THE CURRENT IUDGET FOR THE FISCAL TENT ENDIHG JUNE SO, 1D 96 (AS ASCENDED LAST ON 1P—} Se I Reneged by the Cornea of the City ea Dt±U7lr _ LNov mber 20 ewes PuKa'AW95 Novemter the runny 10 19 95 ;teen Aeam9 amid and Me Me data/ by fund ty90 suw adtviy that .axons this fiehaten whiz considered pniversaly amended) at MN Maw aces eft hanks end in AEVbNE1 a OTMEII FYiaesriap ■OrACp Tu.e Leyi.d on Pme•,ty Less: unrowci•o Proo•y'Tu•s4.yy Yea, Cortaro Co,,.Pmwny i .s treiaavern Pronerty Tars TIF R.yeeut, O1nar Cary Tares 1'•-^se, a Perms, List el !Aloe.' Pmn.rry M1ar00yemmtnlel Ch.-,., Inn Stmeig, Senna/A mama kN41san•au• Olh.t Fr .+nra Smnrt, Tales Revenue, 1 Other Sou we LIPE11D(TunES t OTHER 21 4.11:1NC USES Cementing Prot.aon (vela. hie street . et Sears a• Caarro,r .Tam. Comma or Lam A...A./ AMMOMMXIM a.._a.,.e 1 14,080.828 a 9 10 it 12 11 Id T.oe Wfpt 14 . rIg0 2214 ogggq TOR nr�ig37q 1h_5DD. i� 7S 527 6f1q is I2 226,344 676,910 12,903,254 7 090 976 .,.: ' 41.3;7.920 MENEMIIMMII 4,494,374 111M111 4 731 069 tTIMI[tic)♦ikPRIPj[ pJ,ELME11ll[I-1� ,, 4,827,793 4 827 793 azii1on . II Liillatil♦`TagUW i •• r e t '<Iw•CLtliL'Immiimwaiimpr��sa�eeatyalfrxr1. ♦. Toul Ea nginu "iT .user. put TA Ij=�IUL1tR MmIl 4Iti N U�1� �OX1G l�At eIMINI .• ■u i RIM 37 798 41 �lliLiFticlliL•NIMI REASON (en�trurtton oroi t. in oroce„ 6/ 0/ orant funds lncludlnq FAA UITA IDOT, STP, CD Discretionary, HOME, FEMA, and City Council approved amendment items. 4 n d.y o1 Novesb. 14,080,828 t T4 .f1F10.HIH 6. .tq 3.7id.79l1 I o4.2f)1 •Pea 2 -3 099 226 Regular Session, November 20, 19955 Council Member Kluesner moved adoption ofCity Manager recommending approval of the Resolution. Seconded by Council Memberassignment of Sewer Use Agreement with FDL, Nagle. Carried by the following vote:presented and read. Council Member Robbins Yeas—Mayor Duggan, Council Membersmoved that this matter be tabled. Seconded by Kluesner, Krieg, Nagle, Robbins, Voetberg.Council Member Krieg. Carried by the following Nays—None. Absent—Council Membervote: Yeas—Mayor Duggan, Council Member Nicholson.Kluesner, Krieg, Nagle, Robbins. Nays—Council Member Voetberg. Absent—Council Member Proof of Publication certified to by theNicholson. Publisher on Notice of Public Hearing to grant a partial release of FDL Foods, Inc. mortgage andCity Manager advising of Industrial Park City Manager recommending approval of partialDevelopment Feasibility Study, presented and release of mortgage, presented and read. Councilread. Council Member Krieg moved that the Member Krieg moved that the proof andcommunication be received and filed. Seconded communication be received and filed. Secondedby Council Member Nagle. Carried by the by Council Member Nagle. Carried by thefollowing vote: Yeas—Mayor Duggan, Council following vote: Yeas—Mayor Duggan, CouncilMembers Kluesner, Krieg, Nagle, Robbins, Members Kluesner, Krieg, Nagle, Robbins,Voetberg. Nays—None. Absent—Council Voetberg. Nays—None. Absent—CouncilMember Nicholson. Member Nicholson. RESOLUTION 385-95 RESOLUTION NO. 384-95A RESOLUTION APPROVING THE RESOLUTION APPROVING A PARTIALSELECTION OF A CONSULTANT TO RELEASE OF REAL ESTATE MORTGAGEPREPARE AN INDUSTRIAL PARK EXECUTED BY FDL FOODS, INC.DEVELOPMENT FEASIBILITY STUDY Whereas, on December 6, 1982, FDL Foods,FOR THE CITY OF DUBUQUE AND Inc. executed a real estate mortgage as security for AUTHORIZING THE CITY MANAGER TO loans from the City of Dubuque, Iowa, totalingEXECUTE AN APPROPRIATE CONTRACT $3,550,000; andFOR SAID STUDY. Whereas, said real estate mortgage wasWhereas, the City of Dubuque, Iowa has recorded in the records of the Office of theidentified the need for industrial development sites Recorder of the County of Dubuque, Iowa, onas a top community priority; and December 9, 1982, as Instrument #6742-82; andWhereas, the City of Dubuque, Iowa continues Whereas, FDL Foods, Inc. has requested thatto work in partnership with the private sector to the City release from said mortgage a lot whichprovide economic development opportunities in the FDL Foods, Inc. has sold to Mr. Russ Steve andcommunity; and which lot is legally described in the Partial ReleaseWhereas, a Request for Proposals solicited of Real Estate Mortgage attached hereto and byconsultant services to prepare an Industrial Park this reference made a part hereof; andDevelopment Feasibility Study; and Whereas, pursuant to published notice, the CityWhereas, Yaggy Colby Associates of Mason Council has held a public hearing on NovemberCity, Iowa and Rochester, Minnesota is 20, 1995, to consider disposing of its interest in therecommended to complete the Industrial Park property which is proposed for release; andDevelopment Feasibility Study. Whereas, the City Council believes that it is inNOW, THEREFORE, BE IT RESOLVED BY the public interest to approve the requested partialTHE CITY COUNCIL OF THE CITY OF release of real estate mortgage.DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVED BYSection 1. That the selection of Yaggy Colby THE CITY COUNCIL OF THE CITY OFAssociates as the consultant to prepare an DUBUQUE, IOWA:Industrial Park Development Feasibility Study for Section 1. That the Partial Release of Realthe City of Dubuque is hereby approved. Estate Mortgage, attached hereto, is herebySection 2. That the City Manager is hereby approved.authorized to execute, on behalf of the City Section 2. That the City Manager is herebyCouncil of the City of Dubuque, Iowa, a contract authorized and directed to execute, on behalf of thewith Yaggy Colby Associates for consultant City of Dubuque, Iowa, said Partial Release ofservices not to exceed $35,000.00. Real Estate Mortgage.Passed, approved and adopted this 20th day of Section 3. That the City Clerk is herebyNovember, 1995. authorized and directed to have a copy of theTerrance M. Duggan, Mayor executed release recorded in the records of theAttest: Office of Recorder of the County of Dubuque,Karen M. Chesterman, Deputy City Clerk Iowa.Council Member Krieg moved adoption of the Passed, approved and adopted this 20th day ofResolution. Seconded by Council Member Nagle. November, 1995.Carried by the following vote: Yeas—Mayor Terrance M. Duggan, MayorDuggan, Council Members Kluesner, Krieg, Attest:Nagle, Robbins, Voetberg. Nays—None. Karen M. Chesterman, Deputy City ClerkAbsent—Council Member Nicholson. Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Nagle.City Manager advising of Staff's denial of final Carried by the following vote: Yeas—Mayorplat for portion of Copper Field Subdivision, Duggan, Council Members Kluesner, Krieg,presented and read. Council Member Krieg moved Nagle, Robbins, Voetberg. Nays—None.that the communication be received and filed. Absent—Council Member Nicholson.Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, 6 Regular Session, November 20, 1995 Council Members Kluesner, Krieg, Nagle,plans approved by the City Engineer, and Robbins, Voetberg. Nays—None.inspected by the City Engineer. Absent—Council Member Nicholson.c.To construction detention facilities in accordance with the City of Dubuque standard Attorney Brian Kane, for Mr. & Mrs. Mond,specifications, all in a manner acceptable to the requested plat be approved.City Engineer, and in accordance with construction improvement plans approved by RESOLUTION NO. 387-95the City Engineer, and inspected by the City A RESOLUTION APPROVING THE FINALEngineer. d.To install a sanitary sewer lift station and force PLAT OF LOTS 1 THRU 13; LOT A AND LOT B, COPPER FIELD SUBDIVISION INmain to serve all 13 lots in the event that a THE CITY OF DUBUQUE, IN DUBUQUE,gravity sewer is not available, all in accordance with City of Dubuque standard specifications in COUNTY. Whereas, there has been filed with the Citya manner acceptable to the City Engineer, and Clerk a final plat of Lots 1 thru 13; Lot A and Lotin accordance with construction improvement B, Copper Field Subdivision in the City ofplans approved by the City Engineer, and Dubuque, Iowa; andinspected by the City Engineer. Whereas, upon said final plat appear street(s)e.To construct said improvements, prior to two to be known as Copper Field and Mill Run,(2) year(s) from the date of acceptance of this together with certain public utility and sanitaryresolution, at the sole expense of the owners, or sewer and storm sewer easements which thefuture owners; owners by said final plat have dedicated to thef.To maintain the public improvements, for a public forever; andperiod of two (2) years from the date of the Whereas, the preliminary plat has beenacceptance of those improvements by the City examined by the Zoning Commission and had itsof Dubuque, Iowa, at the sole expense of the approval endorsed thereon; andowners, or future owners; Whereas, said final plat has been reviewed byAnd further provided that said Carl Burbach, as the City Planner and had his/her approval endorsedowners of said property, shall secure the thereon, subject to the owners agreeing to theperformance of the foregoing conditions provided conditions noted in Section 2 below; andin this Section by providing guarantees in such Whereas, said final plat has been examined byform and with such sureties as may be acceptable the City Council and they find that it conforms toto the City Manager of the City of Dubuque, Iowa. the statutes and ordinances relating to it, exceptSection 3. Sidewalk installation shall be the that no streets or public utilities have yet beenresponsibility of the owners of the property constructed or installed; andabutting the public right-of-way, as required by Whereas, the City Council concurs in theCity Code 41-161 through 41-164. The conditions of approval established by the Zoningresponsibility shall extend to all successors, heirs Commission and the City Planner.and assignees. Sidewalk installation will not be NOW, THEREFORE, BE IT RESOLVED BYrequired until the development of the lot has been THE CITY COUNCIL OF THE CITY OFcompleted, except as required herein. In sparsely DUBUQUE, IOWA:developed subdivisions, sidewalks on developed Section 1. That the dedications of Copper Fieldlots will not be required until 50% of the lots and Mill Run (Lot A), together with the easementsapproved by the plat have been developed. All for public utilities, sanitary sewer, storm sewer andvacant lots shall have sidewalks installed upon water mains as they appear upon said final plat, bedevelopments of 80% of the lots approved by the and the same are hereby accepted; andplat. Section 2. That the plat of Lots 1 thru 13; LotSection 4. That Carl Burbach will form a A and Lot B, Copper Field Subdivision is herebyproperty owner's association to assume ownership approved and the Mayor and City Clerk are herebyand maintain responsibility for the storm water authorized and directed to endorse the approval ofdetention facilities. the City of Dubuque, Iowa, upon said final plat,Section 5. That final acceptance of all public provided the owners of said property herein named,improvements shall occur upon certification of the execute their written acceptance hereto attachedCity Engineer to the City Council that public agreeing:improvements have been completed in accordance a.To reduce Copper Field and Mill Run to gradewith the improvement plans and City standards, and to construct concrete curb and gutter and tospecifications and accepted by City Council hard surface with asphaltic concrete, or withResolution. concrete paving with integral curb, all inSection 6. That in the event Carl Burbach shall accordance with the City of Dubuque standardfail to execute the acceptance and furnish the specifications, all in a manner acceptable to theguarantees provided in Section 2 hereof within 45 City Engineer, and in conformance withdays after the date of this Resolution, the construction improvement plans approved byprovisions hereof shall be null and void and the the City Engineer, and inspected by the Cityacceptance of the dedication and approval of the Engineer.plat shall not be effective. b.To install sanitary sewer mains and sewerPassed, approved and adopted this 20th day of service laterals into each individual lot, waterNovember, 1995. mains and water service laterals into eachTerrance M. Duggan, Mayor individual lot, storm sewers and catch basins,Attest: boulevard street lighting and erosion controlKaren M. Chesterman, Deputy City Clerk devices all in accordance with the City ofACCEPTANCE OF RESOLUTION Dubuque standard specifications, all in aNO. 387-95 manner acceptable to the City Engineer, and inI, the undersigned, Carl Burbach, having read accordance with construction improvementthe terms and conditions of the Resolution No. Regular Session, November 20, 19957 387-95 and being familiar with the conditionsDubuque, Iowa, upon said final plat, provided the thereof, hereby accept this same and agree to theowners of said property herein named, execute conditions required therein.their written acceptance hereto attached agreeing: Dated in Dubuque, Iowa this day of a.To reduce Deerwood Circle to grade and to , 1995.construct concrete curb and gutter and to hard By: surface with asphaltic concrete, or with concrete paving with integral curb, all in NOT SIGNED AS OF MAY 21, 1996accordance with the standard specifications. Carl Burbachb.To install sanitary sewer mains and sewer Council Member Voetberg moved adoption ofservice laterals into each individual unit, water the Resolution, with conditions that the islands inmains and water service laterals into each the cul-de-sacs be deleted and that the City assumeindividual unit and erosion control devices all ownership and maintenance responsibilities of thein accordance with the standard specifications. storm water detention facilities and that futurec.To construct said improvements, prior to one property owners be assessed for the detention basinyear from the date of acceptance of this maintenance. Seconded by Council Memberresolution, at the sole expense of the owners, or Nagle. Carried by the following vote:future owners; Yeas—Mayor Duggan, Council Membersd.To maintain the public improvements, for a Kluesner, Krieg, Nagle, Robbins, Voetberg.period of two (2) years from the date of the Nays—None. Absent—Council Memberacceptance of those improvements by the City Nicholson.of Dubuque, Iowa, at the sole expense of the owners, or future owners; City Manager recommending approval of platAnd further provided that said James W. Stock for portion of Oak Meadow Addition Subdivision,and Nancy S. Stock, as owners of said property, presented and read. Council Member Nagleshall secure the performance of the foregoing moved that the communication be received andconditions provided in this Section by providing filed. Seconded by Council Member Krieg.guarantees in such form and with such sureties as Carried by the following vote: Yeas—Mayormay be acceptable to the City Manager of the City Duggan, Council Members Kluesner, Krieg,of Dubuque, Iowa. Nagle, Robbins, Voetberg. Nays—None.Section 3. The final acceptance of all public Absent—Council Member Nicholson.improvements shall occur upon certification of the City Engineer to the City Council that all public RESOLUTION NO. 386-95improvements have been completed in accordance with the improvement plans and City standard A RESOLUTION APPROVING THE PLAT specifications and acceptance by City Council OF PLAT OF SURVEY LOTS 1 THRU 4 INCLUSIVE AND LOT A BLOCK 2 OF OAKresolution. MEADOW OF SECOND ADDITION IN THESection 4. That in the event James W. and Nancy S. Stock shall fail to execute the acceptance CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the Cityand furnish the guarantees provided in Section 2 Clerk a Plat of Survey of Lots 1 thru 4 inclusivehereof within 45 days after the date of this and Lot A of Block 2 of Oak Meadow SecondResolution, the provisions hereof shall be null and Addition in the City of Dubuque, Iowa; andvoid and the acceptance of the dedication and Whereas, upon said final plat appear certainapproval the plat shall not be effective. public utility sanitary sewer easement which thePassed, approved and adopted this 20th day of owners by said final plat have dedicated to theNovember, 1995. public forever; andTerrance M. Duggan, Mayor Whereas, the preliminary plat has beenAttest: examined by the Zoning Commission and had itsKaren M. Chesterman, Deputy City Clerk approval endorsed thereon; andACCEPTANCE OF RESOLUTION Whereas, said final plat has been reviewed byNO. 386-95 the City Planner and had his/her approval endorsedWe, the undersigned, James W. Stock and thereon, subject to the owners agreeing to theNancy S. Stock, having read the terms and conditions noted in Section 2 below; andconditions of the Resolution No. 386-95 and being Whereas, said final plat has been examined byfamiliar with the conditions thereof, hereby accept the City Council and they find that it conforms tothis same and agree to the conditions required the statutes and ordinances relating to it, excepttherein. that no streets or public utilities have yet beenDated in Dubuque, Iowa this day of constructed or installed; and , 1995. Whereas, the City Council concurs in theNOT SIGNED AS OF MAY 21, 1996 conditions of approval established by the ZoningBy: Commission and the City Planner.James W. Stock NOW, THEREFORE, BE IT RESOLVED BYBy: THE CITY COUNCIL OF THE CITY OFNancy S. Stock DUBUQUE, IOWA:Council Member Nagle moved adoption of the Section 1. That the dedications of theResolution. Seconded by Council Member Krieg. easements for public utilities and sanitary sewer, asCarried by the following vote: Yeas—Mayor they appear upon said final plat, be and the sameDuggan, Council Members Kluesner, Krieg, are hereby accepted; andNagle, Robbins, Voetberg. Nays—None. Section 2. That the Plat of Survey Lots 1 thruAbsent—Council Member Nicholson. 4 inclusive and Lot A of Block 2 of Oak Meadow Second Addition is hereby approved and theCity Manager recommending approval of Mayor and City Clerk are hereby authorized andagreement for Cable Car Square Historic Lighting directed to endorse the approval of the City ofISTEA project, presented and read. Council 8 Regular Session, November 20, 1995 Member Kluesner moved that the communicationto a point of 40 feet north of E. 7th Street, first be received and filed. Seconded by Councilreading given on 11-6, presented for further action. Member Voetberg. Carried by the following vote: Yeas—Mayor Duggan, Council Members(OFFICIAL PUBLICATION) Kluesner, Krieg, Nagle, Robbins, Voetberg.ORDINANCE NO. 70-95 Nays—None. Absent—Council Member AN ORDINANCE AMENDING SECTION Nicholson.32-262(e) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Claudia Jones, Executive Dir. of DubuqueRESTRICTING PARKING TO FIFTEEN Main St., spoke of the very positive response by MINUTES ON DESIGNATED STREETS OR the Fourth St. area to this project. PORTIONS THEREOF ADDING CERTAIN PORTIONS OF WHITE STREET NOW, THEREFORE, BE IT ORDAINED BY RESOLUTION NO. 388-95 THE CITY COUNCIL OF THE CITY OF RESOLUTION APPROVING AN AGREEMENT WITH THE IOWADUBUQUE, IOWA: DEPARTMENT OF TRANSPORTATIONSection 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding to FOR THE CABLE CAR SQUARE HISTORIC LIGHTINGSubsection (e) of Section 32-262 the following: TRANSPORTATION ENHANCEMENTWhite Street, east side, from East Seventh PROJECT.Street to a point of forty (40) feet north of East Whereas, Dubuque Main Street LimitedSeventh Street (DMSL) has been awarded a $65,552 grant for thePassed, approved and adopted this 20th day of Cable Car Square Historic Lighting TransportationNovember, 1995. Enhancement Project; andTerrance M. Duggan, Mayor Whereas, DMSL has the necessary 20%Attest: matching funds of $16,388 available for thisKaren M. Chesterman, Deputy City Clerk project; andPublished officially in the Telegraph Herald Whereas, the Iowa Department ofthis 29th day of November, 1995. Transportation (IDOT) requires approval of anKaren M. Chesterman, Deputy City Clerk agreement for this project with the City.1t 12/12 NOW, THEREFORE, BE IT RESOLVED BYCouncil Member Voetberg moved that the THE CITY COUNCIL OF THE CITY OF requirement that a proposed Ordinance be DUBUQUE, IOWA:considered and voted on for passage at two Section 1. That the Mayor is hereby authorizedCouncil Meetings prior to the meeting at which it to sign and submit this Agreement to the IDOT.is to be finally passed be suspended. Seconded by Section 2. That DMSL stipulates that the Council Member Nagle. Carried by the following organization has the required 20% matching fundsvote: Yeas—Mayor Duggan, Council Members available for this grant.Kluesner, Krieg, Nagle, Robbins, Voetberg. Section 3. That the City of Dubuque stipulatesNays—None. Absent—Council Member that it will assume responsibility for adequate Nicholson. maintenance of any new or improved facilities asCouncil Member Voetberg moved final a result of this application for a minimum of 20consideration and passage of the Ordinance. years following project completion. Seconded by Council Member Nagle. Carried by Section 4. That the City of Dubuque andthe following vote: Yeas—Mayor Duggan, DMSL hereby agree to abide by the terms of thisCouncil Members Kluesner, Krieg, Nagle, agreement with IDOT.Robbins, Voetberg. Nays—None. Passed, approved and adopted this 20th day of Absent—Council Member Nicholson. November, 1995. Terrance M. Duggan, MayorCity Manager submitting changes to the City Attest:Code of Ordinances to be consistent with recent Karen M. Chesterman, Deputy City Clerk changes in the Iowa Code, presented and read. Council Member Kluesner moved adoption ofCouncil Member Voetberg moved that the the Resolution. Seconded by Council Membercommunication be received and filed. Seconded Voetberg. Carried by the following vote: by Council Member Nagle. Carried by the Yeas—Mayor Duggan, Council Membersfollowing vote: Yeas—Mayor Duggan, Council Kluesner, Krieg, Nagle, Robbins, Voetberg.Members Kluesner, Krieg, Nagle, Robbins, Nays—None. Absent—Council MemberVoetberg. Nays—None. Absent—Council Nicholson. Member Nicholson. City Manager submitting ordinance providingAn Ordinance Amending certain sections of the for 15 minute parking on portion of White St.,City Code of Ordinances and enacting new presented and read. Council Member Voetberg Sections 5-6, 5-7(a) and 33-3 to be consistent with moved that the communication be received andrecent changes in the Iowa Code, first reading filed. Seconded by Council Member Nagle.given 11-6, presented for further action. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, (OFFICIAL PUBLICATION) Nagle, Robbins, Voetberg. Nays—None.ORDINANCE NO. 71-95 Absent—Council Member Nicholson. AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY An Ordinance Amending Section 32-262(e) ofREPEALING SECTION 5-6, PROHIBITING the Code of Ordinances restricting parking to 15CONSUMPTION OF ALCOHOLIC minutes on White Street, east side, from E. 7th St. LIQUOR, WINE OR BEER IN PUBLIC Regular Session, November 20, 19959 (a) It shall be unlawful for any person to PLACES; AND ADOPTING A NEW SECTION 5-6, PROHIBITINGwillfully prevent, resist or obstruct or attempt to CONSUMPTION OF ALCOHOLICprevent, resist or obstruct any city employee from LIQUOR, WINE OR BEER IN PUBLICthe performance of any official duty. (b) It shall be unlawful for any person to PLACES; BY REPEALING SECTION 5-7(a), PROHIBITING THE SALE OFcommunicate by any means, any threat of bodily ALCOHOLIC LIQUOR, WINE OR BEERor property harm to any police officer, member of the fire department or other city employee or to TO PERSONS UNDER THE AGE OF any member of their family during the course of, or EIGHTEEN, AND ADOPTING A NEW SECTION 5-7(a) PROHIBITING THE SALEas a result of, the performance of any official duty OF ALCOHOLIC LIQUOR, WINE ORby said police officer, member of the fire department or city employee in which the police BEER TO PERSONS UNDER THE AGE OF EIGHTEEN; BY REPEALING SECTION 32-officer, member of the fire department, or city 134, PROHIBITING DRIVING WHILEemployee is identified as such. LICENSE DENIED, SUSPENDED ORSection 8. This Ordinance shall take effect upon publication. REVOKED; AND BY REPEALING SECTION 33-3, PROHIBITINGPassed, approved and adopted this 20th day of HARASSMENT OF CITY EMPLOYEESNovember, 1995. Terrance M. Duggan, Mayor AND ADOPTING A NEW SECTION 33-3 Attest: PROHIBITING HARASSMENT OF CITY EMPLOYEES. Karen M. Chesterman, Deputy City Clerk NOW, THEREFORE, BE IT ORDAINED BYPublished officially in the Telegraph Herald THE CITY COUNCIL OF THE CITY OFthis 29th day of November, 1995. DUBUQUE, IOWA:Karen M. Chesterman, Deputy City Clerk Section 1. Section 5-6 of the City of Dubuque1t 11/29 Code of Ordinances is hereby repealed.Council Member Voetberg moved that the Section 2. The following new Section 5-6 is requirement that a proposed Ordinance be hereby adopted:considered and voted on for passage at two Sec. 5-6. Consumption in public places.Council Meetings prior to the meeting at which it It is unlawful for any person to use or consumeis to be finally passed be suspended. Seconded by alcoholic liquors, wine or beer upon the public Council Member Nagle. Carried by the following streets or highways, or alcoholic liquors in anyvote: Yeas—Mayor Duggan, Council Members public place, except premises covered by a liquorKluesner, Krieg, Nagle, Robbins, Voetberg. control license, or to possess or consume alcoholicNays—None. Absent—Council Member liquors, wine or beer on any public school property Nicholson. or while attending any public or private school-Council Member Voetberg moved final related functions. As used in this Section, "school"consideration and passage of the Ordinance. means a school or that portion of a school, which Seconded by Council Member Nagle. Carried by provides teaching for any grade from kindergartenthe following vote: Yeas—Mayor Duggan, through grade twelve (12).Council Members Kluesner, Krieg, Nagle, Section 3. Section 5-7(a) of the City ofRobbins, Voetberg. Nays—None. Dubuque Code of Ordinances is hereby repealed. Absent—Council Member Nicholson. Section 4. The following new Section 5-7(a) is hereby adopted:City Manager submitting ordinances allowing Sec. 5-7. Persons under age twenty-one.for installation of stop signs at the following (a) Persons under the age of eighteen. Alocations: Lincoln Ave. at Fengler St., Iowa St. at person shall not sell, give or otherwise supplyWest 17th St., all intersections along Van Buren alcoholic liquor, wine or beer to any personSt. and Fengler at Garfield and a "Yield" sign at knowing or having reasonable cause to believe thatCherokee Drive and Marion St., presented and person to be under the age of eighteen (18), and aread. Council Member Robbins moved that the person or persons under the age of eighteen (18)communication be received and filed. Seconded shall not purchase or attempt to purchase orby Council Member Voetberg. Carried by the individually or jointly have alcoholic liquor, winefollowing vote: Yeas—Mayor Duggan, Council or beer in their possession or control; except in theMembers Kluesner, Krieg, Nagle, Robbins, case of liquor, wine or beer given or dispensed toVoetberg. Nays—None. Absent—Council a person under the age of eighteen (18) within aMember Nicholson. private home and with the knowledge, presence and consent of the parent or guardian for beverageAn Ordinance Amending Code of Ordinances or medicinal purposes or as administered to theby revising subsection (b) of Section 32-213 person by either a physician or dentist forproviding for the change of through street medicinal purposes and except to the extent that adesignation for Lincoln Avenue, first reading given person under the age of eighteen (18) may handle11-6, presented for further action. Council alcoholic beverages, wine and beer during theMember Robbins moved that this be considered the regular course of the person's employment by asecond reading of the Ordinance. Seconded by liquor control licensee, or wine or beer permitteeCouncil Member Voetberg. Carried by the under this Chapter.following vote: Yeas—Mayor Duggan, Council Section 5. Section 32-134 of the City ofMembers Krieg, Nagle, Robbins, Voetberg. Dubuque Code of Ordinances is hereby repealed.Nays—Council Member Kluesner. Section 6. Section 33-3 of the City of DubuqueAbsent—Council Member Nicholson. Code of Ordinances is hereby repealed. Section 7. The following new Section 33-3 isAn Ordinance Amending Code of Ordinances hereby adopted:by modifying subsection (b) of Section 32-214 Sec. 33-3. Harassment of city employees.providing for addition of stop signs at Lincoln 10 Regular Session, November 20, 1995 Avenue and Fengler Street, first reading given onDUBUQUE, IOWA BY ADDING VAN 11-6, presented for further action. Council BUREN STREET AS A THROUGH STREET Member Robbins moved that this be considered the IN SUBSECTION (b) OF SECTION 32-213 second reading of the Ordinance. Seconded byNOW, THEREFORE, BE IT ORDAINED BY Council Member Voetberg. Carried by theTHE CITY COUNCIL OF THE CITY OF following vote: Yeas—Mayor Duggan, CouncilDUBUQUE, IOWA: Members Krieg, Nagle, Robbins, Voetberg.Section 1. That the Code of Ordinances of the Nays—Council Member Kluesner.City of Dubuque, Iowa be amended by adding Van Absent—Council Member Nicholson.Buren Street to Subsection (b), of Section 32-213 thereof as follows: An Ordinance Amending Code of Ordinances"Sec. 32-213. Entering Through Streets. by modifying subsection (b) of Section 32-214(b) providing for addition of a stop sign at Iowa Street* * * * and West 17th Street, first reading given 11-6,Van Buren Street, from the north property line presented for further action.of University Avenue to the south property line of Pennsylvania Avenue Passed, approved and adopted this 20th day of (OFFICIAL PUBLICATION) ORDINANCE NO. 72-95November, 1995. AN ORDINANCE AMENDING THE CODETerrance M. Duggan, Mayor OF ORDINANCES OF THE CITY OFAttest: Karen M. Chesterman, Deputy City Clerk DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214Published officially in the Telegraph Herald THEREOF PROVIDING FOR THEthis 29th day of November, 1995. ADDITION OF A STOP SIGN AT IOWAKaren M. Chesterman, Deputy City Clerk STREET AND WEST SEVENTEENTH1t 11/29 STREETCouncil Member Voetberg moved that the NOW, THEREFORE, BE IT ORDAINED BYrequirement that a proposed Ordinance be THE CITY COUNCIL OF THE CITY OFconsidered and voted on for passage at two DUBUQUE, IOWA:Council Meetings prior to the meeting at which it Section 1. That the Code of Ordinances of theis to be finally passed be suspended. Seconded by City of Dubuque, Iowa be amended by addingCouncil Member Krieg. Carried by the following Iowa Street to Subsection (b) of Section 32-214 vote: Yeas—Mayor Duggan, Council Members thereof as follows:Kluesner, Krieg, Nagle, Robbins, Voetberg. "Sec. 32-214. Stop Intersections.Nays—None. Absent—Council Member (b)Nicholson. Council Member Voetberg moved * * * * Northbound final consideration and passage of the Ordinance. Iowa Street and West Seventeenth Street."Seconded by Council Member Krieg. Carried by Passed, approved and adopted this 20th day ofthe following vote: Yeas—Mayor Duggan, November, 1995.Council Members Kluesner, Krieg, Nagle, Terrance M. Duggan, Mayor Robbins, Voetberg. Nays—None. Attest:Absent—Council Member Nicholson. Karen M. Chesterman, Deputy City Clerk Published officially in the Telegraph HeraldAn Ordinance Amending Code of Ordinances this 29th day of November, 1995.by modifying subsection (b) of Section 32-214 Karen M. Chesterman, Deputy City Clerkthereof providing for addition of stop sign at 1t 11/29intersection of Fengler St. and Garfield St. first Council Member Voetberg moved that thereading given 11-6, presented for further action. requirement that a proposed Ordinance be considered and voted on for passage at two(OFFICIAL PUBLICATION) Council Meetings prior to the meeting at which it ORDINANCE NO. 74-95 is to be finally passed be suspended. Seconded byAN ORDINANCE AMENDING THE CODE Council Member Krieg. Carried by the following OF ORDINANCES OF THE CITY OF vote: Yeas—Mayor Duggan, Council Members DUBUQUE, IOWA, BY MODIFYING Kluesner, Krieg, Nagle, Robbins, Voetberg.SUBSECTION (b) OF SECTION 32-214 Nays—None. Absent—Council MemberTHEREOF PROVIDING FOR THE Nicholson. Council Member Voetberg moved ADDITION OF STOP SIGNS AT THE final consideration and passage of the Ordinance. INTERSECTION OF FENGLER STREET Seconded by Council Member Krieg. Carried byAND GARFIELD AVENUE the following vote: Yeas—Mayor Duggan,NOW, THEREFORE, BE IT ORDAINED BY Council Members Kluesner, Krieg, Nagle,THE CITY COUNCIL OF THE CITY OF Robbins, Voetberg. Nays—None. DUBUQUE, IOWA: Absent—Council Member Nicholson.Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding An Ordinance Amending Code of OrdinancesFengler Street to Subsection (b) of Section 32-214 by adding Van Buren Street as a through street in thereof as follows: subsection (b) of Section 32-213, first reading"Sec. 32-214. Stop Intersections. given 11-6, presented for further action. (b) * * * * Eastbound and Westbound (OFFICIAL PUBLICATION)Fengler Street and Garfield Avenue ORDINANCE NO. 73-95Passed, approved and adopted this 20th day of AN ORDINANCE AMENDING THE CODENovember, 1995. OF ORDINANCES OF THE CITY OFTerrance M. Duggan, Mayor Regular Session, November 20, 199511 Attest:Robbins, Voetberg. Nays—None. Karen M. Chesterman, Deputy City ClerkAbsent—Council Member Nicholson. Published officially in the Telegraph Herald this 29th day of November, 1995.Zoning Commission advising of their approval to rezone property at 3556 Crescent Ridge from Karen M. Chesterman, Deputy City Clerk 1t 11/29AG to PUD with a PR Designation as requested by Council Member Voetberg moved that theMercy Housing and Dubuque Housing Initiative, requirement that a proposed Ordinance bepresented and read. Council Member Kluesner moved that the communication be received and considered and voted on for passage at two Council Meetings prior to the meeting at which itfiled. Seconded by Council Member Voetberg. is to be finally passed be suspended. Seconded byCarried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Council Member Krieg. Carried by the following vote: Yeas—Mayor Duggan, Council MembersNagle, Robbins, Voetberg. Nays—None. Kluesner, Krieg, Nagle, Robbins, Voetberg.Absent—Council Member Nicholson. Nays—None. Absent—Council Member An Ordinance Amending Zoning Map by Nicholson. Council Member Voetberg moved final consideration and passage of the Ordinance.reclassifying property located South of Crescent Seconded by Council Member Krieg. Carried byRidge and East of English Mill Road from AG the following vote: Yeas—Mayor Duggan,Agricultural District to PUD Planned Unit Development District with a PR Planned Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg. Nays—None.Residential District designation and adopting a Absent—Council Member Nicholson.Conceptual Development Plan, with conditions, presented and read. Council Member Kluesner An Ordinance Amending Code of Ordinancesmoved that a Public Hearing be held on the by modifying subsection (b) of Section 32-214proposed Ordinance on the 18th day of December, providing for the addition of a yield sign at1995, at 7:00 o'clock p.m. at the Public Library Auditorium and that the City Clerk be directed to Cherokee Drive and Marion Street first reading given 11-6, presented for further action. publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Duggan, (OFFICIAL PUBLICATION) Council Members Kluesner, Krieg, Nagle, ORDINANCE NO. 75-95 AN ORDINANCE AMENDING THE CODERobbins, Voetberg. Nays—None. Absent—Council Member Nicholson. OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING Zoning Commission advising of their approval SUBSECTION (b) OF SECTION 32-216 THEREOF PROVIDING FOR THEto rezone property at 1095 Cedar Cross Road from AG to PUD with a PC Planned Commercial ADDITION OF A YIELD SIGN AT THE designation, With Conditions, as requested by INTERSECTION OF CHEROKEE DRIVE AND MARION STREETBenkel, Inc., presented and read. Council Member NOW, THEREFORE, BE IT ORDAINED BYKluesner moved that the communication be THE CITY COUNCIL OF THE CITY OFreceived and filed. Seconded by Council Member Robbins. Carried by the following vote: DUBUQUE, IOWA: Section 1. That the Code of Ordinances of theYeas—Mayor Duggan, Council Members City of Dubuque, Iowa be amended by addingKluesner, Krieg, Nagle, Robbins, Voetberg. Cherokee Drive to Subsection (b) of Section 32-Nays—None. Absent—Council Member Nicholson. 216 thereof as follows: "Sec. 32-216. Yield Intersections. (b)An Ordinance Amending Zoning Map by reclassifying property located at 1095 Cedar Cross * * * * (1) Northbound Vehicles Cherokee Drive and Marion StreetRoad from AG Agricultural District to PUD Passed, approved and adopted this 20th day ofPlanned Unit Development District with a PC November, 1995.Planned Commercial District designation and adopting a Conceptual Development Plan, with Terrance M. Duggan, Mayor Attest:Conditions, presented and read. Council Member Karen M. Chesterman, Deputy City ClerkKluesner moved that the requirement that a proposed Ordinance be considered and voted on Published officially in the Telegraph Herald for passage at two Council Meetings prior to the this 29th day of November, 1995. Karen M. Chesterman, Deputy City Clerkmeeting at which it is to be finally passed be 1t 11/29suspended. Seconded by Council Member Robbins. Carried by the following vote: Council Member Voetberg moved that the requirement that a proposed Ordinance beYeas—Mayor Duggan, Council Members considered and voted on for passage at twoKluesner, Krieg, Nagle, Robbins, Voetberg. Nays—None. Absent—Council Member Council Meetings prior to the meeting at which it Nicholson. Council Member Kluesner moved that is to be finally passed be suspended. Seconded by Council Member Krieg. Carried by the followinga Public Hearing be held on the proposed vote: Yeas—Mayor Duggan, Council MembersOrdinance on the 4th day of December, 1995, at 7:00 o'clock p.m. at the Public Library Auditorium Kluesner, Krieg, Nagle, Robbins, Voetberg. and that the City Clerk be directed to publish Nays—None. Absent—Council Member Nicholson. Council Member Voetberg movednotice in the manner prescribed by law. Seconded final consideration and passage of the Ordinance.by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Seconded by Council Member Krieg. Carried by Members Kluesner, Krieg, Nagle, Robbins, the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, 12 Regular Session, November 20, 1995 Voetberg. Nays—None. Absent—CouncilTerrance M. Duggan, Mayor Member Nicholson.Attest: Karen M. Chesterman, Deputy City Clerk Zoning Commission advising of their denial ofCouncil Member Kluesner moved adoption of request to rezone property located at 1927the Resolution. Seconded by Council Member University Avenue from R-3 to C-1 as requestedNagle. Carried by the following vote: by Marianne Healey and Commission furtherYeas—Mayor Duggan, Council Members requests concurrence without a council publicKluesner, Krieg, Nagle, Robbins, Voetberg. hearing, presented and read. Council MemberNays—None. Absent—Council Member Kluesner moved that the communication beNicholson. received and filed. Seconded by Council Member Robbins. Carried by the following vote:An Ordinance Vacating portion of Penn Yeas—Mayor Duggan, Council MembersAvenue abutting Block 2 of Sunset Park 5th Kluesner, Krieg, Nagle, Robbins, Voetberg.Addition, presented and read. Nays—None. Absent—Council Member Nicholson.(OFFICIAL PUBLICATION) ORDINANCE NO. 76-95 An Ordinance Amending Zoning Map byORDINANCE VACATING A PORTION OF reclassifying property located at 1927 UniversityPENNSYLVANIA AVENUE ABUTTING Avenue from R-3 Moderate Density Multi-FamilyBLOCK 2 OF SUNSET PARK FIFTH Residential District to C-1 Neighborhood ADDITION Commercial District, presented and read. CouncilWhereas, Creative Resources, Inc., representing Member Kluesner moved that a Public Hearing beSunset Park Place, L.C. has requested the vacating held on the proposed Ordinance on the 4th day ofof a portion of Pennsylvania Avenue abutting December, 1995, at 7:00 o'clock p.m. at the PublicBlock 2 of Sunset Park Fifth Addition; and Library Auditorium and that the City Clerk beWhereas, IIW Engineers and Surveyors, P.C. directed to publish notice in the manner prescribedhas prepared and submitted to the City Council a by law. Seconded by Council Member Robbins.plat showing the vacated portion of a portion of Carried by the following vote: Yeas—CouncilPennsylvania Avenue abutting Block 2 of Sunset Members Kluesner, Krieg, Nagle, Robbins,Park Fifth Addition and assigned a lot number Voetberg. Nays—None. Abstain—Mayorthereto, which hereinafter shall be known and Duggan. Absent—Council Member Nicholson.described as Lot 1 of Penn Avenue Place in the City of Dubuque, Dubuque County, Iowa; City Manager requesting a public hearing toWhereas, the City Council of the City of vacate portion of southerly Pennsylvania AvenueDubuque, Iowa has determined that a portion of right-of-way abutting Sunset Park 5th Addition,Pennsylvania Avenue abutting block 2 of Sunset presented and read. Council Member KluesnerPark Fifth Addition is no longer required for public moved that the communication be received anduse, and vacating of said Lot 1 of Penn Avenue filed. Seconded by Council Member Nagle.Place in the City of Dubuque, Dubuque County, Carried by the following vote: Yeas—MayorIowa should be approved. Duggan, Council Members Kluesner, Krieg,NOW, THEREFORE, BE IT RESOLVED BY Nagle, Robbins, Voetberg. Nays—None.THE CITY COUNCIL OF THE CITY OF Absent—Council Member Nicholson.DUBUQUE, IOWA: Section 1. That the real estate described as Lot RESOLUTION NO. 389-951 of Penn Avenue Place in the City of Dubuque, RESOLUTION APPROVING PLAT OFDubuque County, Iowa be and the same is hereby vacated. LOTS 1 AND 2 OF PENN AVENUE PLACE IN THE CITY OF DUBUQUE, IOWAPassed, approved and adopted this 20th day of Whereas, there has been presented to the CityNovember, 1995. Council of the City of Dubuque, Iowa, a plat datedTerrance M. Duggan, Mayor October 30, 1995, prepared by IIW Engineers andAttest: Surveyors P.C., describing the division of a portionKaren M. Chesterman, Deputy City Clerk of Pennsylvania Avenue described as Lot 1 and 2 Published officially in the Telegraph Herald of Penn Avenue Place in the City of Dubuque, this 29th day of November, 1995. Iowa; andKaren M. Chesterman, Deputy City Clerk Whereas, said plat conforms to the laws and1t 11/29 statutes pertaining thereto.Council Member Kluesner moved that the NOW, THEREFORE, BE IT RESOLVED BY requirement that a proposed Ordinance be THE CITY COUNCIL OF THE CITY OFconsidered and voted on for passage at two DUBUQUE, IOWA:Council Meetings prior to the meeting at which it Section 1. That the plat dated October 30,is to be finally passed be suspended. Seconded by 1995 prepared by IIW Engineers and Surveyors, Council Member Nagle. Carried by the following P.C., relative to the real estate hereinabovevote: Yeas—Mayor Duggan, Council Members described be and the same is hereby approved, andKluesner, Krieg, Nagle, Robbins, Voetberg. the Mayor and City Clerk be and they are herebyNays—None. Absent—Council Member authorized and directed to execute said plat for and Nicholson. Council Member Kluesner moved final on behalf of the City of Dubuque, Iowa.consideration and passage of the Ordinance. Section 2. That the City Clerk be and is herebySeconded by Council Member Nagle. Carried by authorized and directed to file said plat and the following vote: Yeas—Mayor Duggan, certified copy of this resolution in the office of theCouncil Members Kluesner, Krieg, Nagle, Recorder, in and for Dubuque County, Iowa.Robbins, Voetberg. Nays—None. Passed, approved and adopted this 20th day ofAbsent—Council Member Nicholson. November, 1995. Regular Session, November 20, 199513 There being no further business, Council RESOLUTION NO. 390-95 RESOLUTION DISPOSING OF CITYMember Voetberg moved to adjourn. Seconded by INTEREST IN LOT 1 OF PENN AVENUECouncil Member Nagle. Carried by the following PLACE IN THE CITY OF DUBUQUE, IOWAvote: Yeas—Mayor Duggan, Council Members Whereas, Creative Resources, Inc., representingKluesner, Krieg, Nagle, Robbins, Voetberg. Sunset Park Place, L.C. has requested the vacatingNays—None. Absent—Council Member of a portion of Pennsylvania Avenue abuttingNicholson. Meeting adjourned at 8:30 p.m. Block 2 of Sunset Park Fifth Addition in the City of Dubuque, Iowa.Karen M. Chesterman Whereas, IIW Engineers and Surveyors, P.C.Deputy City Clerk has prepared and submitted to City Council a plat showing the vacated portion of Pennsylvania Avenue abutting Block 2 of Sunset Park Fifth Addition in the City of Dubuque, Iowa and assigned a lot number thereto, which hereinafter shall be known and described as Lot 1 of Penn Avenue Place, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Pennsylvania Avenue abutting Block 2 of Sunset Park Fifth Addition in the City of Dubuque, Iowa is no longer required for public use, and vacating and sale of said portion of Pennsylvania Avenue known as Lot 1 of Penn Avenue Place in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:Approved ____________________, 1996. Section 1. That the City of Dubuque intends to dispose of its interest in Lot 1 of Penn AvenueAdopted _____________________, 1996. Place in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 1 of____________________________________ Penn Avenue Place in the City of Dubuque, Mayor Dubuque County, Iowa to Creative Resources, Inc. be contingent upon payment of $1,935.00 plus ____________________________________ platting, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause and notice of ____________________________________ intent to dispose of said real estate in the manner as prescribed by law. ____________________________________ Passed, approved and adopted this 20th day of November, 1995. Terrance M. Duggan, Mayor ____________________________________ Attest: Karen M. Chesterman, Deputy City Clerk Council Member Kluesner moved adoption of ____________________________________ the Resolution and further set this matter for Public Hearing on 12-4-95 at 7:00 p.m. in the Public ____________________________________ Library Auditorium and that the City Clerk Council Members publish notice in the manner prescribed by law. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan,Attest: Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg. Nays—None. ____________________________________ Absent—Council Member Nicholson. City Clerk At 8:17 p.m. Council Member Voetberg moved to go into Closed Session In accordance with Chapter 21.5 1.(j) 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 Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Robbins, Voetberg. Nays—None. Absent—Council Member Nicholson. At 8:29 Council reconvened Regular Session with statement that Staff had been given direction.