Loading...
1991 April Council Proceedings113 Regular Session, April 1, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, April 1, 1991. Council Met at 7:30 p.m., Public IAbrary Auditorium. Present: Mayor James E. Brady, Council Members Deich, Krieg, Kluesn~ Pratt, Voetherg, City Manager W. Kenneti Gearhart, Corporation Counsel BanT A. Libdahl. Mayor Brady i'ead the call and stated this is the Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Duncan Brockway, Pastor of Cent~afia Presbyterian Church. PROCLAMATIONS: Month of April as "Community Access Television and Radio Month" ~ceived by Russell Nash, Emesfine Kintzle, and David Wolf; April 14-20 as "National Libraxy Week" received by Library Director Nicky Staake; April 23 as "Nations. Youth Service Day". Presentation of Certificate of Appreciation by Police Chief John Mauss to City Police Officer Brian Jobgen. Council Member Kluesner moved to sus- pend the ~les to allow anyone present to ad&ess tho Council if they so desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayur Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Prat~, Voetberg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Public IIearlng to ¢onsid~ an O~dinance by adopting a Con- coptual Development Plan for property on Bruaskill Road known as "Oak Meadow" and currently zoned PR District and Zoning Commission submitting minutes of their meeting held on March 6, 1991 which approved this Conceptual Development Plan, presented and read. There were no written objections received. Council Member Kluesner moved that the proof of publication and minutes be received and filed. Seconded by Council Member Pratt Can'ied by the following vote: Yeas--Mayor Brady, Coun- cil Members Dcich, Khiesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. An Ordinance Adopting a Conceptual Development Plan for property described as "Approxirrmte Noah one-half (1/2) of Lot 2 of Lot 2 of IIansel's Addition" located on Branskill Road known as "Oak Meadow" and currently zoned PR Planned Residential District. said Ordinance having been pre- sented and read at the Council meeting of March 18, 1991, presented for final action. Jim Steak. 290 Clarke Drive spoke to the proposed Ordinance, as to specified side- walks. Mayor Brady moved to amend the Ordi- nance to specify sidewalks along the street but inside the curb, therefore shifting road to approximately four feet to the north side. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcieh, Kluesner, Nichulson, Pratt, Voetburg. Nays~Couneil Member Krieg. Council Member Nichulson further moved to instruct Staff to encourage look at subdivisions, to emphasize standard size street and public streets. Seconded by Mayor Brady. Carried by ~he following vote: Yeas--Mayor Brady, Council Members Ddich, Kinesner, Nicholson, Pratt, Voetberg. Nays--None. Abstain-Council Member Krieg. (OFFICIAL PUBLICATION) ORDINANCE NO. 25-91 AN ORDINANCE OF TIIE CITY OF DUBUQUE, IOWA ADOVI]NG A CONCEPTUAL DEVELOPMENT PLAN FOR IIEREINAFTER DESCRIBED PROPERTY ON BRUNSKILL ROAD KNOWN AS "OAK MEADOW" AND CUR- RENTLy ZONED PR PLANNED RESIDENTIAL DISTRICT Whereas, James Stock, owner and devel- oper, has filed a Conceptual Development Plan for hereinafter described pmpezty in accordance with provisions of the PR Planned Residential District regulations as set forth in Section 3-1.6D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Regular Session, April 1, 1991 114 Whereas, the Zoning Commission has held a public heating on said Conceptual Development Plan pursuant to ruqalmd published notice; and Whereas, the Zoning Commission has approved said Concaptual Development Plan subject m specific conditions and restrictions having found that said Plan conforms with the review standards applicable to such plans as set forth in Section 3-1.6D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission has recommended the continence of the City Council in approval of said Conceptual Development Plan; and Where~s, the City Council has mcdived the recommendation of the Zoning Commis- sion and held its own public hearing on said Coneeptoal Developn~.ent Plan pursuant to required publisbed notice; and Whereas, the City Council has approved said Conceptual Development Plan subject to the same specific COlulifions and resttrctions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DDBUQUE, 1OWA: Section 1. That in order to accomplish the puipr)ses of the "PR Planned Residential District" of the Zoning Ordinance of die City of Dubuque, Iowa, a Conceptual Develop- ment Plan for "Oak Meadow". a copy of which is attached hereto and made a part hereof, is hereby adopted and approved for the following described property, to wit: Approximate North one-half (1/2) of Lot 2 of Lot 2 of IIansel's Addition in the City of Dubuque, Iowa. Section 2. That in order to accomplish die ptut~ses of die "PR Planned Residential District" and of the Zoning Ordinance, the property herein above descsibed is subject to the following condilions and rest~cfions: A. Use regulations. The following regu- lations shall apply to all uses made of land in the above described Planned Residential District: (1) Principal permit~d uses shall he limited to 44 townhouses on the 8.4 acre parcel. (2) No secondary or contingency uses shall be permitted. (3) Accessory uses shall include any use customarily inuldental and subordinate to the principle use it se~ves. B. Lot and bulk regulations. Develop- merit of land in this PR Planned Residential DisUict shall be regulated as follows: (1) All buildings, structures and activities shall be located in conformance with the attached Conceptual Development Plan and all Final Site Development Plans are to be approved in accordance wilh the provisions of the PR Planned Residential District regulations. (2) All buildings and structaras shall provide a front yard setback from Bmnskill Road of twenty-five (25) feet C. Perfca'mance stund~ds. The develop- ment and maintenance of uses in this PR Planned Residential District shall be established in conformance with die following stundards, as well as with die regulations of Section 3-1.6 of the PR Planned Residential District: (1) The phasing of the development shall occur as described on the attached Conceptual Development Plan, with all site improvements t~ be completed fo~ each (2) A private street meeting City Engineer's specifications is to be constructed by the developer for each phase, with a temporary hard surface cul-de-sac provided during the interim between Phases I and II and Phases and II and III. The temporary tulle-sac between Phases III and IV shall be reviewed with the Final Site Development Plan for Phase III to ensure appropriate access to the development. The temporary cul~e-sacs shall meet approval of the City Fire Chief. The development of the road shall be reviewed by the Zoning Commission if die phasing of the development is not completed as protmsed. Said street shall be maintained as a private sU'eet in accordance with City of Dubuque specifications by the property owner and/~: assoulafion. If not so main- tained, the City of Dubuque may do so at the expense of the property owner and/or a~soci- (3) Recreational facilities as shown and noted on thc attached Conceptual Devel- opment Plan shall be completed during Phase II. 115 Regular Session, April 1, 1991 (4) Walkways as shown and noted on the attached Conceptual Development Plan shall be completed during Phase 1L Said walkways shall be insbdled and maintained in accordance with City sts~- daxxls. (5) Roadway lighting as shown and noted on the atlached Conceptual Develop- ment Plan shall be completed ~s each phase of the roadway is constructed. (6) Landscaping as noted on the at- cached Conceptual Development Plan shall be installed around each iwo-unit complex when that complex is completed. Final Site Dovulopment Plans must indicate exact loca- tion and type of species to be installed, along with verification of dollar alloUnent expended. Boundary screening as noted on the attached Conceptual Development Plan shall be installed along tho north property llne on completion of Phase I and along Lot 2 of ML 233 on completion of Phase III. (7) Two parking spaces per dwelling unit shall be provided. Additional open lot spaces shall be provided as shown on thc attached Conceptual Development Plan in lieu of curbslde parking. Thc owner/association shall post as "no parking" all curbside areas of the development not shown on the attached Conceptual Development plan as being devoted to parking. Said owner/association shall enforce all such parking prohibitions.. (8) All utilities including telephone and cable television shall be installed under- ground. (9) A final site development plan shall be submitted in accordance with Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa. No further grading, exca- vatlng, c~ other land disturbing activity may occur before a final site plan is approved. D. Open spaue. Thom areas not desig- nated on the Conceptual Development plan for development shall be mainbdned a~ open space, as defined by Section 8 of the Zoning ordinance of the City of Dubuque, Iowa, by the property owner and/or association. E. Sign regulations. The sign regulations shall be tiao same as that which are allowed in the R-4 Multi-Family Residential District as established in Section 4-3.11 Schedule of Sign Regulations in the Zoning Ordinance of the City of Dubuque, lowa~ F. Additional standards. (1) The Conceptual Development Plan shall be valid for a period of seven years provided a Final Site Development Plan for Ph~ I is submitted within one year from the date of approval and each additional Final Site Development Plan for Phases B - IV is submitted within the time frame as proposed on the attached Conceptual Devel- opment Plan. (2) A tlomeowners Association shall be established with the same resttietlve cove- nants as that which currently exists for Oak Meadow First Addition. O. Transfer of ownership. (1) Transfer of ownership or lease of property in this PR Planned Residential Dis- triet shall include in the transfer or lea~e agreement a provision that the purchaser or lessee acknowledges awareness of the condi- tions authorizing the establishment of the disuict. Passed, approved and adopted this 1st day of April. 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in lbo Telegraph Herald newspaper this 5th day of April, 1991. Mary A. Davis City Clerk It 4/5 Council Membex Kinesner moved fi~ni adoption of the Ordinance, as amended. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Vuetberg. Nays~ouncil Member Ktieg. Proof of Publication certified to by the Publisher on Notice of Public Itearing to consider an Ordinance by recIassifying property at 1690 White Sweet from R-2A to R-3 District, presented and read. There were no written objections received and no oral objectors present at the time of the Hearing. Terry Maters, 3091 Castle Woods, spoke in favor of the rezoning. Council Member Voetberg moved that the proof of publication be received and tiled. Seconded by Council Member Krieg. Carried by the following Regular Session, April 1, 1991 116 vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. An Ordinance An~nding Zoning Onfi- nance by reclassifying property at 1690 White Street from R-2A Alternate One and Two-Family Renidenfial District to R-3 Moderate Density Multi-Family Residential District, said Ordinance having been presented and mad at the Council meeting of March 18, 1991, presented for final action. (OFFICIAL pUBLICATION) ORDINANCE NO. 26-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING TIIAT THE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAF'IER DESCRIBED PROPERTY LOCATED AT 1690 WHITE STREET FROM R- 2A ALTERNATE ONE AND TWO- FAMILY RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SecBon 1. The Cede of Ordinances of the City of Dubuque, Iowa, be an~nded by re- vising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from R-2A Alternate One and Two-Family Residential Disuiot to R-3 Moderate Density Multi-Family Residential District, to wit: The North one-fifth of City Lot 485 in the City of Dubuque, Iowa and extend- ing to the center llne of the abutting public right-of-way. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of tho City of Dubuque, lowa. passed, approved, and adopted, this 1st day of April, 1991. ' James E. Brady Mayor Attest: Mary A. Davis City Clerk Published offiulally in the Telegraph Herald newspaper this 5th day of April, 1991. Mary A. Davis City Clerk It 4/5 Council Member Veetberg moved final adoption of the Ordinance. Seconded by Council Member Krieg. Carded by the following vote: Y~Mayor Brady, Council Members Delch, Kluesner, Ksieg, Nicholson, Pratl. Voetberg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider an Ordinance providing for Subdivi- sion regulations and etc., presented and read. There were no wri~en objections received. Jim Gantz requested time relevant to the investigation fee. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Member Veetberg. Caffied by the following vote: Yeas--Mayor Brady, Council Members Dutch, Kluesner, Ksieg, Nicholson, Pratt, Voetberg. Nays--None. An Ordinance Amending the Cede of Ordinances by adopting a new Chapter 42, Subdivision Regulations, establishing regulations for the subdivision of land; and establishing platting proeedu~s; and estab- lisinng design and improvements standards, said Ordinance having been presenWat and read at the Council meeting of March 18th, presented for final action. Council Member Kluesner moved to amend the Ordinance to 5% - section 42-24A0). Seconded by Council Member Pratt. Carried by the following vote: yeas--Mayor Brady, Council Members Delch, Klueaner, Kring, Pratt, Voetberg. Nay~Councll Member Nieholson. (OFFICIAL PUBLICATION) ORDINANCE NO. 27-91 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING CIIAVIER 42, SUBDIVISION REGU- LATIONS, AND ADOPTING A NEW CHAPTER 42, SUBDIVISION REGU- LATIONS, ESTABLISHING REGU- LATIONS FOR TEE SUBDIVISION OF LAND; AND ESTABLISHING PLATTING PROCEDURES; AND ESTABLISHING DESIGN AND IMPROVEMENTS STANDARDS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 117 Regular Session, April 1, 1991 Section L Chapter 42 of tho City of Dubuque Code of Ordinances is hereby Se~lon 2, A new Chapt~ 42 of ~e City of Dub~ue C~o of Or&n~s, ~c~ S~lon 3. T~s Ord~ sh~ ~ cff~t i~a~y u~n pabii~fi~ ~ ~vid~ by law. J~s E. B~y Mayor M~ A, Davis Ciw Clerk CHAPTER 42 ARTICLE I GENERAL Section 42-1. Definitions. The foHowing words and phrases, when used herein, are defined, fort he purposes of thisChapter, as follows: A. Alley. A platted, dedicated, and recorded passageway not over twenty (20) feet in width, between rear or side property lines of lots, designed to serve as secondary B. Block. An area of land within a subdi- vision that is entirely bounded by streets, railroad rights of way, rivers, tracts of pubtic land or the boundary of the subdivision or a combination thereof. C. Building Pumfit. A document issued under thc authority of the City Building Services Division which authorizes the con- property. D. City Engineer. The City Engineer of the City of Dubuque or his/her designee. E. City Manager. The City Managor of the City of Dubuque or his/her designee. F. City Planner. The City Planner of the City of Dubuque or bis/her designee. G. City Standards. The design and im- provement standards and specifications established annually for sdixgvis~ions by the City Manager. H. Commission. The Zoning Commission of the City of Dubuque, Iowa. I. Comprehensive Plan. The general plan or series of plans for the development of the community, which has been adopted by the City Council in ~ccordance with the City of Dubuque Code of Ordinances. Such Compre- hensive Plan shall include any part of such plan separately adopted and any amendment to such plan or parts die,eof. J. City Council. The City Council of the City of Dubuque, Iowa. K. Improvement. Any change to land nee- essay to prepare it for building sites, including but not limited to grading, filling, street paving, curb paving, sidewalks, wuik- ways, water mains, sewers, dminageways and other public works and appurtenances. L. Lot. A distinct parcel, tract or portion of a subdivision, the location, dimensions and boundaries of which are determined by a final plat. M. Owner. The person or persons having legal and equitable rule to the land to be subdivided. N. Person. An individual, two (2) or more individuals, a group or association of persons having common or individual interest in a tract, a partnership or a corporation. O. Plat. The graphical representation of a survey of one (1) or more parcels of land, including a complete and accurate descrip- tion of each parcel within the plat, lY~epared by a registered land surveyor. P. Public Utility Easement. A portion of a lot or block in which the City and all public utilities enfranchised by the City have a right of passage and/or a right to install and maintain pipes, wires, poles, conduits, and other equipment necessary to can'y out public or quasi-public services. Q. Simple Division. Any subdivision in which no new streets, public or private, are proposed, which docs not require the con- strucfion of any public improvements, and which contains fewer than three (3) lots. R. Sheet, Arterial. A street primarily intended to carry traffic from one part of the City to another and secondarily intended to provide access to abutting properties. S. Street, Collector. A street primarily intended to gather ~affic from a subdivision and carry it to an art~inl street, but also intended to provide direct accoss to abutting properties. Regular Session, April 1, 1991 118 T. Street, Cul-de-sac. A short, local street terminating in a turn-around and having only one outlet, U. Street, Local. A street intended to provide direct access to abutting properties. V. Street, Private. A platted and recorded lot of common ownership, usually by a property-owner association, not dedicated to tho City, giving access to the other lots of thc subdivision and to the adjoining street pattern. W. Stxeet, Public. A dedicated, platted, recorded and accepted passageway for pubfio travel. X. Subdivision. A division of a lot, block, tract, or parcel of land into two (2) or more lots or other divisions including all changes in street lines or lot lines. y. Utilities. Systems for the distribution or collection of water, gas, wastewater, stormwater, electricity and telephone and cable television service. Z. Utilities Manager. Tbe Utilities Manager of the City of Dubuque or his/her designee. AA. Zoning Ordinance. Appendix A of the City of Dubuque Cede of Ordinances and all amendments thereto. ARTICLE 11 REGULATIONS FOR THE SUBDIVISION OF LAND Section 4~. The purpose of these regulations is to protect the public health, safety and general welfare while allowing for cost-saving efficiencies. These regulations are to aid and to control the subdivision of land in the interest of coordinated development of the City of Dubuque; to establish a consistent policy for plats submitted to the Commission and the Council; and to enable the Commission and City Council to ascertain whether the same conform to the applicable statutes and ordinances. Section 42-~. These regula- tions shall apply to all land to be divided or subdivided which is within the limits of the City of Dubuque or within two (2) niles of the limits of the City of Dubuque, Iowa, as per Chapters lI4A, 409A and 409A.9 of the Code of Iowa, Section 42-4. Conformance to Compre- hensive Plan. Ail lands proposed for subdi- vision shall conform in devnloprc~nt to the intent and spirit of thc ComlY~ebensive Plan, in so far as practical, in thc location of streets, alleys, boulevards, panks, and other public places and facilities; and shall not conflict or interfere with the fights of way or future extensions of streets shown thereon or already established. The provisions in this Chapter shall be edministered to ensure orderly growth and development and shall supplement and facilitate the provisions in the Comprehensive Plan, Zoning Ordinance, City Standards, and Capital Improvement Budget. Section 42-5. Recording of Subdivision Plats. No person shall subdivide any tract of land to which this Chapter applies without recording a plat thereof in the Office of thc County Recorder of Dubuque County, Iowa, which plat shall frrst have been prepared and approved in conformity with the provisions of this Chapter, Chapter 114A and 409A of the Cede of Iowa. Section 42-6. Amendment. When neces- say to further its purples, this Chapter shall be amended in accordance with the text amendment procedure for thc Zoning Ordi- nance by the Commission and the City Council. Section 42-~. In their inter- pretation'-~--'an~ application, the provisions of this Chapter shall be held to be the minimum requirements. More srdngent provisions may be ~qnired by the City Planner, Zoning Commission or City Council if it is demon- strated that different standards arc necessary to promote the public health, safety and welfare. S_gection 42-8. Conflict Where the condi- tions imposed by any provisions of this Chapter are either more restrictive or less restrictive than comperabie conditions imposed by any other provisions of this Chapter or of any other applicabhi law, ordinance, resolution, rule or regulation of any kind, the regulations which ate more restrictive and hpposc higher standards or requirements shall govern. .Section 42-9. Se~. The provisions of this Chapter are separable. If a section, sentence, clanse, or phrase of this Chapter is adjudged by a court of competent jurisdic- tion to be invalid, the decision shall not affect the ~malrdng portions of this Chapter. 119 Regular Session, April 1, 1991 merit and Penalties. It shall be the duty of the City Planner to administer and enforce the provision~ of this Chapter and to bring to the attention of appropriate officers of the City of Dubuque any violation or l$ck of compliance. Violation of the provisions of tiffs Chapter shall be deemed a misdemeanor and/or civil infraction. Each day such vie- laHon cominue~ constitutes a separate offense. The City of Dubuque shall have recourse to such remedies in law and equity as may ha necessary to ensure compliance with the provisions of this Chapter. No building permit shall be issued for any structure on a lot or lots in a subdivision which ia in violation of this Chapter. ~11: Exce fi_o? of S-Yecific Subdivision. The Commission and City Council, when acting upon an application for preliminary or final sub- division approval, shall have the power to grant such exceptions from the requirements of this Chapter for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this Chapter if the literal enforcement of one or more provisions of this Chapter is impracti- cable or will exact an undue hardship because of pccaHar conditions pertaining to the land in question. p'¢aH?n.F? for Sub- division ~l~t R~ No plat for ~ subdivision or resubdivision shall be considered filed for review, unless and until said plat is accompanied by a fee in the amount as established by resolution of the City Council in an official schedule of planning and zoning fees. ARTICLE III PLATIING PROCEDURES Section 42-13. Subdivisions Classified. A. Simple Division. Any snialiviaion in which no new streets, public or private, are proposed, which docs not require the con- struction of any public improvements, and which contains fewer than three (3) lots, shall be classified ~s a simple division. B. Minor Subdivision. Any subdivision in which no new streets, public or private, are proposed and which does not require the construction of any public improvements and which contains three (3) or more lots, shall be classified aa a minor subdivision. C. Major Subdivision. Any subdivision which ia not a simple subdivision or a minor subdivision shall be classified as a major subdivision. Section 42-14. Review Process. A. General Information. (1) Preliminary grading may be per- mitted only with the wfitten approval of the City Engineer and die City Planner, when a grading and erosion control plan has been submiited and approved. No final grading shall commence before a final plat of the subdivision is approved az reqalred by this section. (2) Preliminary construction work in accordance with die City Standards and City of Dubuque Code of Ordinances, may be permitted with die written approval of tile City Manager, provided that the owner first waives, in writing, any claims against the City of Dubuque which may result fi.om the denial of or changes ~quired for the final plat O) The owner shall also obtain any state or federal permits which may be re- .quiped prior to commencing construction of ~mprovements. B. Simple Divisions. (1) Simple divisions shall be reviewed by the City Planner to determine compliance with the City of Dubuque Cede of OMi- nances. Review by the Zoning Commission shall not be required. (2) The City Planner may set coedi- fions to provide that the division meets the requirements of all applicable City cedes. (3) No plats for simple divisions shall be recorded unless die City Planner has ap- proved the plat. C. Mines' Subdivisions. (1) A pre-application conference shall be encouraged, but not required for a minor subdivision. (2) A preliminary plat is not required for a minor subdivision, tlowever, the Zoning Commission may, in special circum- stances where the Commission feels that the final plat does not convey enough informa- tion to adequately review die subdivision, move to require additional information or a complete preliminary plat. Regular Session, April 1, 1991 120 O) The owner shall submit r~a~nty (20) copies of die final plat to the City Planner. Thc final plat must show all information required in Section 42-15(D) of thc Sub~vi- sion Oalinanc~. (4) The Commission shall review final plats to determine whether or not said plat is in substantial conformance to the preliminary plat for the property, the City of Dubuque Code of Ordinances and the Comprehensive Plan. If the Commission finds that the plat conforms to ail applicable City and State Codes, the Comprehensive Plan and thc Ine- liminary plat, thc Commission shah approve the plat. The Commission shah submit its findings on the final plats to tbe City Council, who must act within sixty (60) days of the filing of the final plat with the City Planner. (5) If the Commission fails to approve thc final plat, ca' approves it with conditions, the Commission shall transmit its findings, required conditions and/or wasons for its denial to the owner, and the owner shall not submit the final plat to the City Council until the City Hanner determines that all condi- tions have been met, or until ail reasons for the dehial have been addressed to the satis- faction of the Zoning Commission in a regu- larly scheduled meeting. Under no circum- stances shaH a final plat which has not been approved by the Zoning Conurdsaion be sub- mired to the City Council (6) The City Council shall review final plats to determine conformance to the Dubuque Code of Ordinances. (7) Tho Cormniasion and City Council must approve an identical plat. If conditions are imposed upon or changes xeqnired to the plat by the City Council after the Commis- sion's review and action, the plat shall be resubmitted to die Commission for signatt~e. D. Major Subdivisions. (1) The owner of a major subdivision shall comply with the requirements for a application conference as stated in Section 42-15(B). (2) An approved preliminary plat shall be required for a major subdivision. After the pre-application conference, the owner shah submit twenty (20) copies of the preliminary plat as required by thc City Planner. The preliminazy plat must show ail information reqnired in Section 42-15(C) of die Subdivision Ordinance. The preliminary plat shah be reviewed by the Commission only. Thc review shall be to determine compliance with ail relcvant sections of the Subdivision and Zoning Ordlnan~s and shall be approved or denied within sixty (60) days of the filing of the preliminary plat with thc City Planner. Approval of thc Commission shaH remain in effect for a peried of two (2) yeats. No City Council review of prellminary plat is required. O) Upon recdipt of the preliminary or final plat application, the City Planner shall distribute copies of the plat to the affected city deparlmonts and utility companies for review and shall file the plat with thc Com- mission. (4) The owner shah submit twenty (20) copies of die final plat to the City Planner. The final plat must show ail information required in Section 42-15 (D) of the Sub. division Ordinance. The Commission shall review final plats to determine whether or not said plat is in substantial confolmance to the preliminary plat for the property, thc City of Dubuque Cede of Ordinances and the Comprehensive Plan. If thc Commission finds that die plat conforms to all applicable City and State Cedes, the Comprebensivc Plan and thc preliminary plat, thc Commis- sion shall approve thc plat. The Commission shall submit its findings on the final plats to the City Council, who must act within sixty (60) days of the f'ding of the final plat with the City Planner. (5) If die Commission approves the final plat. the approval shall be endorsed on the plat by the chairperson or the secretary of the Commission. If the Commission fails to approve the final plat, or approves it with conditions, die Commission shall transmit its findings and reasons for its denial to the owner, and the owner shall not submit the final plat to the City Council until the City Planner determines that all conditions have been met, or until ail reasons for the denial have been addressed to the satisfaction of the Zoning Commission. Under no circumstances shall a final plat which has not been approved by die Zoning Comn~ssion be submitted to the City Council. (6) The City Council sindl review final plats to deterrnine confornmlw~ to tho Dubuque Cede of Ordinances. If the plat conforms to the statutes of the Cede of Iowa and the City of Dubuque Code of Ordi- nances, and if the plat is in conformity with the Comprehensive Plan for the City of Dubuque, then the City Council shall ap- prove the plat and shall cause its approval to be entered on the plat. The City Council rmy require as a condition of approval of the plat that the owner of the land bring ail stteets to 121 Regular Session, April 1, 1991 a grade acceptable to the City Council, and comply with such other reasonable reqalremants in regard to installation of public utilities or other improvements a~ the City Council may deem reqdisite for the protection of the public intea~sL (7) The Commission and City Council must approve an identical plat. If conditions are imposed upon or changes ~.xiuhed to the plat by the City Council after the Commis- sion's review and acthm, the plat shall be resubmitted to the Commission for signatm'c. (8) Preliminary and final plats shall not be submitted in combination. Section 42-15 A licafion Information A. Simple Divisions. A simple division shall require a final plat of the property prepared according to the ~equirements of Section 42-15(D). B. Pre-application Conference. Whenever a major subdivision is proposed, the owner shall schedule a p~e~application conference with the City Planner plier to submission of the preliminary plat. Such conference may also be attended by such other City and utility company representatives. Such con- fcrence shall be held to acquaint the affeO~l parties with the proposed subdivision and to discuss procedures and requirements in- volved with the subdivision process. C. Preliminary Plats. Any owner re- questing preliminary plat approval shall submit the following to the City Planner: (1) Narrative informathm: (a) A completed copy of the application form for subdivision approval. (b) A filing fee as established by City Council resolution. (2) Graphic information to be shown on the plat. The preliminary plat drawn at a scale of one inch equ'als two hundred feet (1" = 200') or larger, on a sheet not exceed- ing 24 x 36 inches. The preliminary plat shall be clearly marked "Preliminary Plat" and shall show the following: (a) The subdivision name, scale, north arrow and date. (b) The name and address of the property owner and the name and address of the person or firm preparing the plat (c) A key map showing the general location of the subdivision in relation to development. (d) All adjacent streets and subdivisions and the names of all the owners of record of all adjacent property. (e) The legal description of the property included in the proposed subdivision. (f) The approximate total area of the proposed subdivision, and the approximate total area proposed abd/or in the public (g) The 7~aing of tile prOlX~sed subdivision and adjoining properties. (h) The layout, numbers, approxi- mate dimensions and area of proposed lots. 0) Thc existiug and proposed topography of the subdivision showing contours at appropri- ate vertical intervals not exceeding four (4) vertical feet. (j) The location of all existing easements, buildings, water- features located within one hundred feet (100') of the subdivision, including flood plains and floodways as de- fined and mapped by the Federal Emergency Manage- ment Agency. (k) The location, width, dimen- sions, approximate grades and proposed names of all public streets proposed to be dedi- cated for public use and of all private streets proposed to be provided for by perpetual O) Tho location of present and proposed utility systems, in- cluding sanitary and storm sewers, water lines and other fadlidcs located within one hundred feet (100') of the plat. Regular Session, April 1, 1991 122 (m) pteposed peq~etual ansements, showing locations, widths and ptuposes. (n) paxcels of land proposed to be dedicated or reserved fee schools, parks, playgl~unds, or public or semi-peblic proposes, (o) Any other pertinent infm'ma- tion as determined by the City Planner. (3) Other information to be shown on additional pages: (a) A prclimiua~j grading and eroalon control plan. (b) A gencral summary descrip- tion of any covenants or private restdctions to be incorporated in thc final plat. (c) A proposed street tree plant- ing plan. D. Final Plats. Any owner requcshog final plat approval shall submit the following to the City Planner: (1) Narrative information: (a) A completed copy of the application form for subdivision approval. (b) The filing fee as established by City Council rcsoluhon. (c) An original and ~hree copies of the surveyor's certificates. (d) An original and three copies of the certificates, as appro- priate. (e) A copy of any presently appli- cable and/or proposed resh'ic- tions or covenants of all types that affect or vail affect the subdivision. (f) Reproducible plans (on mylar or an equivalent reproducible plastic film) of the sUect water main, sidewalk, and street lighting construction which are being proposed for dedication to the City. (g) A final grading and erosion control plan. (h) The existing zoning of the proposed sub.vision and adjoining Inoperty. (i) The existing and proposed topography of the subdivision showing contours at appropri- ate vertical intervals not ceeding four (4) vertical feet. (j) The location of any intuited (k) A street tree planting plan, in accordance with City Stan- dards. 0) The location of present and proposed utility systems, including sanitary and storm sewers, water lin~s and other facilities located within 100 feet of the plat (m) Any other pertinent informs- tion, as determined by the City planner. (2) Graphic information to be shown on the plat. The final plat, drawn on rayler or equivalent ~predudble plastic i'dm, and copies thereof, drawn at a standard engineer- lng scale on a sheet size not exceeding 24" x 36", at a scale of one inch equals two hundred feet (1" = 200') or larger. The final plat shall be clearly marked "Final Plat" and shall show the following: (a) The subdivision name, scale, north arrow and date. (b) The name and address of the property owner and the name and address of th~ person or firm preparing the plat. (c) All adjoining streets and subdivisions. (d) The legal description of the property included in the proposed subdivision. (e) The total area of tbe proposed subdivision, and the total area proposed and/or in the public way. (f) All dimensions, both linear and angular, necessary for locating boundaries of the 123 Regular Session, April 1, 1991 subdivided mca, thc lots, blocks, streets, alleys, easements, and any other sindiar public and private (g) Afl monuments to be of (h) All distance, hearing, curve and other survey data as re, quimd by Chapters I14A and 409A of the Code of Iowa. (i) Block and lot numbers, in- cluding the layout, accurate dimensions, and ai~a of pro- posed lots. 0) The location, width, dimen- sion and names of all public streets to be dedicated for public use and of ail private affects provided for by per- petaal casement. (k) Any private restrictions which shall be made to them thereon. Section 42-16, .. _ Iii hwa 20 Corridor Review__.___. No plat for any subdivision or re- subdivision of property in the U.S. 20 conidor (Dodge Stree0, as shown on the attached drawing, shall be approved by the City Council for a period of forty-five (45) days after the filing of the final plat with the City Council. Upon the filing of any such plat with the City Council, the City Planner shall notify the Public Works Director, who shall send a copy thereof to the Iowa Depart- mont of Transportation. The requirements in Section 42-16 shall expire on Janumy 1, 1994. ARTICLE IV DESIGN AND IMPROVEMENTS STANDARDS S~ction 42-17. Subdivision ~ Standards._.~.~_._. A. Subdivision Design. (1) Design of the subdivision shall be in conformance with the Comprehensive Plan, Zoning Ordinance and City Standards. (2) To the maximum extent practicable, the subdivision shall be designed to preserve the natural features of the site, to avcid areas of environmental sensitivity, and to minimize negative impacts and alteration of thio natural features. (3) The subdivision shall be laid out to avoid adversely affecting ground water and aquifer recharge; to reduce cut and fill; to avoid unnecessary impervious covet;, to pre- vent flooding; to provide adequate access to lots and sites; and to mitigate adverze effects of shadow, noise, odor, Waffle, drainage, and utilities on neighboring properties. (4) The subdivision shall be laid out to o~eate lots which provide sufficient area for development outside utility easements. No buildings, fill, or greding shall occur within the utility easements without approval of the City Engineer. B. Installation of Improvements. Public ~ml~ovemcnts including streets, sanitary lighting, street trees, and sidewalks shall be installed in accordance with the City Stun- dams. C. Each corner of each lot shall be marked by land surveyor registered in the State of Iowa. D. Open Space. In subdividing property, conaidexation shall he given to the dedication of suitable sites for parks, playgrounds, schools and other open space areas, so as to conform, as nearly as possible, to the Com- prehensive Plan and the needs of the City and the adjacent area. Such provision may be indicated on the preliminary ami final plats for consideration by the Commission and City Council when, whether, and in what manner such sites will be dedicated to the Secfio. n 42-18.. Smaller Lot Devel ment. De~'~ the requirements of Sections 2-4.4, 2-5.5(A) of the Zoning Ordinance, the Balk Requirements of thc Zoning Ordinance, and any other applicable requirements of the City of Dubuque, the Zoning Commission and City Council may approve major subdi- vtsmns with lot area and dimensions less than required by Section 42-18(B) of thc Subdivision Ordinance, and those lots shall be buildable, provided that: A. The purpose of creating the subdivi- sion with smaller than normal lots is to aid in the development of affordable housing, or to encourage and promote flexibility, econo- my, and environmental soundness in layout and design of residential davulopmants only. It is the intent of this section to allow lots that ar~ smaller than normally allowed by the Subdivision Ordinance wbere ail or most of flu~ lots in the subdivision are of a similar size. It is not the intent of this section Regular Session, April 1, 1991 124 to allow thc creation of small remnant lots in subdivisions where most lots meet the re- quirements of Scotion 42-18(B); B. No lot may be created that is ac narrow, has such liule area, c~ that is so irregularly shaped that it would be imprac,- ficai, as determined by the Zoning Com~s- sion at the time of the subdivision review, to construct a Principal structure on it that: (1) Could be used for purposes that are permissible in that zoning district; and (2) Would satisfy all applicable lot coverage and setback requirements for the zoning district in which the development is located. C. Tbe subdivision plat is approved by a 3/4 vote of beth the Zoning Commission and City Council; and D. No lot so created, with lot ama and dimensions that are less than required in Section 42-18(B), shall be entitled to a variance from any Bulk Regulations of the Zoning Ordinance. (1) In such a case, the subdivider shall note on the plat creating the subdivision, which lots arc not allowed a variance. Section 42-19. Blocks and Lots. A. Numbering. All blocks and lots shall be numbered systematically for identifi- cation. B. Lot Area and Dimensions. The mini- mum area and dimensions for lots shul[ conform to the applicable requirements of the area regulations of the Zoning Ordinance, but the minimum lot frontage shall be sixty (60) feet for interior lots and seventy feet for comer lots. All lots shall front on a public street or an approved private sllect as pon'uitted in the Zoning Ordinance. Lots with double frontages shall not be p~tmitted unless one frontage is an arterial s~cet without access rights. Triangular lots shall be avoided whenever possible. C. Lot Lines. In so far as practical, the side tot fines shall be perpendicular to the street on which the lot fronts. D. Remnant Lots. In cases where in'egu- larity of ownership or sUeet fines would produce remnant lots less than the minimum area required by the Zoning Ordinance, such area shall be added to adjoining lots. E. Exeepfionui Sized Lots. When the Iract is subdivided into parcels larger than the usual building lots, such mint shall be divided so as to allow for the opening of stseets and such parcels shall be multiples, in area, of units not less than tho lot areas required by the Zoning Ordinance. Section 42-20. Stsects. A. General. The arrangen~nt of arterial and collector s~'eets shall conform to the circulation plan of the Comprehensive Plan. For streets not shown in the Comprehensive Plan, the arrangement shall p~ovide for the approptinte extension of existing sUeets. B. Right-of-Way. (1) The right-of-way shall be measured from lot line to lot line and shall be suffi- cinntiy wide to contain the sheet pavement, curbs, shoulders, sidewalks, utilities, street lighting and sll~et trees placed within the right-of-way. (2) The right-of-way width of a new street that is a continuation of an existing slxeet shall in no case be continued at a width less than that of the existing street. The right-of-way width shall vary with slleet classification according to the City Stan- dards. O) Dedication of haif-stseets (right-of- way) is discouraged but may be approved by Commission and City Council to serve the public interest` Lots abutting on such right- of-way shall be non-bulldable until the remainder of the street is dedicated to the public. C. Street Classification. (1) Streets shail be classified by the City Engineer as arterial, collector, local or alley. The Street hierarchy shall be defined by the City Engineer based on road function and average daily traffic in accordance with the City Standards. (2) Each s~eet shail be classified and designed for its entire length to meet the standards for one of the street types defined in the City Standards. (3) The owner shaft demonstrate to the Commission's and Couucil's satisfaction that the disuibufion of traffic to the proposed stsect system ~ not exceed tho rex[ulre- ments set forth in the City Standards. 125 Regular Session, April 1, 1991 D. Street Width. Street width shall con- sider possible limitations imposed by sight distence~, clin~te, terrain, and malntenanc~ needs. To minimize street costs, the mini- mum width assuring satisfaction of needs shall be selected. Street widths f~r each street classification shall conform to the City Smnderds. E. Pavement Standards. Street pavement thickness shall vapy by street classification. subgrade properties and pavement type as specified in the City Stand.ds. F. Street AfignmanL Arterial and collector streets shall be continued in as dliect an alignment as topography and other condi- tions perrmt. Local streets shall conform to the prevailing topography of the subdivision. G. Street Grades. The minimum gradient for all streets shall be one-half percent (1/2%). The maximum gradient for arterial streets shall be eight percent (8%); for coliector streets ten percent (10%); and for local streets twelve pement (12%). Grades of up to fifteen percent (15%) nxay be allowed on secondary access, local streets with the approval of the Zoning Commission and City Council. The grade within the circle cfa cul- de-sac shall be no more than 4%. H. Names of Stn~ets. Shaeets that are aligned with existing or platted streets, or essentially so, shall bear the names of the existing streets. Names for new streets shall not duplicate in spelling, nor ~ound phoneti- cally similar to existing street names in tho City or County of Dubuque. Street names shall be approved by the Comntission and City Council. I. Easements. ~Easements shall beprovided as determined necessary for public utility requirements. Public utility easements shall measure at least ten (10) feet on either side of the utility line and may vary as needed and water main easements shall be at least twenty (20) feet in width. J. Curbs. (1) Curb requlremants and construction shall be in accordance with the City Stan- dams. (2) Where curbing is not reqbimd, as in planned developments or within two (2) miles of the City limits, edge definition and stabilization shall be furnished aa recom- mended by the City Engineer. Shoulders and swales shall be reviewed on a case-by-case basis with the City Engineer. (3) Curbing shall be designed to provide a ramp fca- wheel chairs and handi- capped access as required by the Code of Iowa and the city Standards. K. Sidewalks. (1) Sidewalks sitall be required on all pubfic street frontages and comtn~ctcd in accordance with the City Standards. (2) Sidewalks shall be placed four (4) feet behind the curb parallel to the street, unless an exception bas been permitted by the city Engineer to preserve topographical or natural featen~s or to provide visual interest, or tmless the subdivider shows that an alternative pedestrian system provides safe and convenient cin:uladon. (3) In planned developments, sidewalks may be located away from the road system to link dwelling units with other dwelling units, the street and on-site activity centers such as parking areas and recreational areas. They may also be required parallel to the street for safety and other masons. L. Bikeways. (1) Separate bicycle paths shall be required only if such paths have been speci- fied as part of the Comprehensive Plan. (2) Bicycle lanes, where required, shall be placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on- street parking is pertained, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflectont or curbs shall not be used. M. Utility and Street Tree Areas. Utilities and street trees shall generally be located within the tight-of-way on both sides of and parallel to the street, in accordance with the City Standards. SUreet trees may also be placed outside the public right-of-way, in accordance with the City Standards. Section 42-21. Water Su_.~. A. All water supply installations for major and minor subdivisions in the City limits shall be properly connected with an approved and functioning public water supply system. B. If a public water supply system is to be provided to the area within a three (3) year period as indicated in the Comprehen- sive Plan, the City Council may require installation of a capped system within the Regular Session, April 1, 1991 126 sweet or road right-of-way; or the City Council may xequire a payment in lleu of the improvement. C. All proposals for new public water supply systems or extensions to existing public water supply systems, or use of wells and other water sources, shall be approved by the Utilities Manager. D. Tbe water supply system shall be adequate to handle the necmssaty flow hnsed on con~hite development of the Subdivision. Water supply system design and placement shall comply with the City Standards. E. Fire hydrant size, type, location and installation shall comply with the minimum City Standards. Section 42-22. Sabitary Sewers. A. All sanitary sewer installations for major and minor subdivisions shall be properly connected to an approved and functioning smtitary sewer system in accordance with the City Standards. B. If a public sanitary sewer system will be provided to the area within a three (3) year period as indicated bi the Comprehen- sire Plan, the City Council way require installation of a capped system within thc street or road right-of-way; or the City Council may require a payment in lieu of the improvement. C. All proposals for new public sanitary sewer systems, extensions to existing public sanitary sewer systems or the installation of a capped system, or use of individual subsur- face disposal systems, shall be approved by the City Engineer and Utilities Manager. D. The sanitary sewer system shall be adequate to handle the necessary flow based on complete development Sanitary sewer system design and placement shall comply with the City Standards. Section 42-23. Storm Wa~ Erosion Control. A. Design of the storm water, grading and erosion control management system shall be consistent with general and specific con- ceres, values, and standards of the Compre- hensive Plan and applicable county, regional, and state slorm drainage conti~l programs. Design shall be in accordance with the City Standants and the City of Dubuque, Code of Ordinances. B. The best available technology shall be used to minimize the impact to adjacent off-site storm water runoff, increase on-site infiltration, encourage natural filtration functions, simulate natural drainage systems, and minim/ze off-site discharge of poliulants to ground and surface water, in accordance with the City Standards, City of Dubuque Code of Ordinance, State and federal regulations. C. Preliminary and final grading and erosion coutrol plans shall comply with the City of Dubuque Code of Ordinances and the City Standards. Section 42-24. Improvement Guarantees. A. Application. Before the recording of final plats, or as a condition of approval of final plats, tl~ Commission and City Council may requite and shall accept bi accordance with the City Standards adopted by ordinance the following guarantees: (1) The fum[shlng of a performance and maintenance guarantee in an amount not one hundred ten percent (110%) of the cost of installation for public improve- ments, 100% by the contractor and 10% by the owner;, and (2) Provision for a maintenance guaran- tee for a period of two (2) years after final acceptance of the improveir~nt (3) Payment of City inspection fees for public improvements shall be based upon five percent (5%) of the cc~t of the public improvements; payment shah be made prior to ~ecordlng of the plat. B. The time allowed for installation of the improvements for which the performance guarantee has been pwvided may be ex- tended by the Commission and City Council by resolution. C, Upon completion of all required im- the owner shall notify the City Engineer, in writing, of the completion of improvements, and shall send a copy to the City Planner. The City Engineer shalI inspect all improvements of which such notice has been given and shall file a detailed report, in willing, with the city Manager and property owner, indicating either approval or rejection of such improvements with a statement of reasons for any xejecfion. D. performance and Maintenance Mech- anisms. Performance and maintenance guarantees may be provided by a variety of 127 Regular Session, April 1, 1991 means subject to the approval of the City including, but not limited to, the following: (1) Surety bond. The owner may obtain a sorety bond from a surety bonding com- pany authorized to do business in the S~ale of Iowa; or (2) Letter of Credit The owner may provide an irrevocable letter of credit from financial institution acceptable to the City; or (3) Escrow Account. The owner may deposit cash, or cash equivalent, either with the City of Dubuque, or with a financial institution acceptebi¢ to the City, pursuant to an escrow ngreemunt acceptublc to the City; or (4) Certificate of Deposit. The owner may deposit a certificate of deposit in the name of the City of Dubuque, with a finan- cial institution acceptable to the City. E. Sidewalk instellation shall he the responsibility of the owner of property abutting the public right-of-way. This re~ sponsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not he required until the development of a lot has been completed. In sparsely deval- opod subdivisions, sidewalks on developed lots will not he requi~ed until fifty percent of the lots approved by the plat have been de- veloped. All vacant lots shall have sidewalks installed upon development of eighty percent of the lots approved by the plat. Published officially in the Telegraph Herald newspaper this 5th day of April, 1991. Mary A. Davis City Clerk It 4/5 Council Member Pratt moved final adop- tion of the Ordinance, as an~nded. Seconded by Council Member Voatberg. Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kfiag, Nichohon, Pratt, Voetherg. Nays--None. Communication of City Manager racom- mending to dispose of City-owned lot located on the west side of Central Avenue between 17th and 18th Streets, presented and read. Council Member Kinesner moved that the communication he received and filed. Seconded by Council Member Pratt. Carded by the following vole: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kfieg, Nicholsoa; Pratt, Voetherg. Nays--None. RESOLUTION NO. 100-91 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN THE NORTH 27 FEET 8 INCHES OF LOT 3 OF CITY LOT 675 AND TIlE NORTH 1 FOOT 9 INCHES OF TIlE SOUTH 15 FEET 8 INCHES OF LOT 3 OF CITY LOT 675 TO EDWARD AND KATHLEEN KRUSE Whereas, the City of Dubuque is the cur- rent owner of the north 27 feet 8 inches of Lot 3 of City Lot 675 and the north I foot 9 inches of the south 15 feet 8 inches of Lot 3 of City Lot 675 in the City of Dubuque, Iowa; and Where., the adjacent property owners, Edward and Katbieen Kruse, have petitioned to purchase said property from the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TItE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its intexest in north 27 feet 8 inches of lot 3 of City Lot 675 and the north 1 foot 9 inches of the south 15 feet 8 inches of lot 3 of City Lot 675 to Edward and Kathleen Kruse. Section 2. That the conveyance of the City's interest shall he for the sum of $2,000.00 plus publication and filing fees, less expenses incurred in the removal of a rock wall. Section 3. That the City Clerk he and is hereby authorized and directed to cause a notice to be published as prescribed under Section 364.7 Disposal of Property, Cede of Iowa, 1989 or as amended. Pa~sed, approved and adopted this 1st day of April, 1991. Attest: MaD' A. Davis City Clerk James E. Brady Mayor Council Memher Kluesner moved adop- tion of the Resolution and set it for Public Ite~xing on April 15, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescrihnd by law. Seconded by Council Memher Pratt Carried by the following vote: Yeas--Mayor Brady, Council Memhers Dcich, Kluesner, Krieg, Nicholsoa; Pratt, Vootherg. Nays--None. Regular Session, April 1, 1991 128 9:16 p.rr~ Council recessed. 9:33 p.ro. Counail meonvened. Boards and Commissions: Plumbing Board: One three year term which will expire November 2, 1992 (Tem~ cfC. Wright) - Must have B.S. D~gme; One unexpired term which will explm November 2, 1991 (At-Large). Applicants with B.S. Degree, John P. Lorenz, 4500 Gatdaner'a Lane. Council Member Kinesng frayed that John P. Lorenz bo appointed to the term with the B.S. I)egrem which will expire November 2, 1992. Seconded by Council Member Pratt. Carried by the following votu: Yeas--Mayor Brady, Council Mcmhers Deich, Kluesnor, Kricg, Nichulson, Pratt, Voetherg. Nays-- None. Appiicants "At-Large": Edward "Terry" Hillary. 3087 Arbor Oaks; Mike Steve, 1105 Kane. Vote on the appointment for the At Large vacancy: Mayor Brady voted for Steve; Council Member Dcich voted for Steve; Council Member Kluesner voted for Hillary; Council Member Krieg voted for Hillary; Council Member Nicholson voted for Steve; Council Member Pratt voted for Hillary; Council Member Voctherg voted for Steve. Therefore, Mike Steve was appointed to fill the unexpired term wbich will expire November 2, 1991. Petition of Council Member Kficg m- questing discussion on issues of concern which relate to City boards and commissions - discussion ensued as to make-up of various City boaxds and commissions with proposal of Ad Hoe Committee to deal with problem and recommend solution(s) to Council Verbal petition of Council Memher Voethelg to further discuss recycling in the City of Dubuque - discussion ensued and consensus reached to continue with pilot plan hegimdag July 1, 1991. Communication of City Manager request- lag anthorlzation to negotiate a design contract with Strand Associates, for the proposed improvements to the Dubuque Water pollution Control Plant, presented and read. Council Member Kluesner moved that the communication he receivnd and filnd and authorization approved. Seconded by Council Member Deich. Canind by the following vote: Yeas~Mayor Brady, Council Members Dcich, Klucsner, Kdcg, Nicholson, PraR, Voetherg. Nays--None. Communicallon of City Manager sub- mitring two ordinances providing for the prohibiting of parking on several streets associated with mconstrucled portions of the U.S. 61 Conidor, presented and read. Coun- cil Memher Kluesner moved that the com- munication he received and filed. Seconded by Council Member Ddich. Carried by the foBowing vole: Yeas--Mayor Brad)', Coun- cil Members Deich, Kluesner, Kring, Nicholson, Pratt, Vcetherg. Nays--None. An Ordinance Amending Code of Ordi- nances by adding ce~aln streets in the :ourth Street Peninsala Ama, the West side of the alley East of Main from First Street to Second Stre. et, and the west side of Harrison Sheet from Railroad Avenue to its northerly lemtinus to subsection (d) of Section 32-262 thereof providing for the prohibiting of parking, presented and read. (OFFICIAL pUBLICATION) ORDINANCE NO. 28-91 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING CERTAIN STREETS IN TEE FOURTH STREET PENINSULA AREA, THE WEST SIDE OF THE ALLEY EAST OF MAIN FROM FIRST STREET TO SECOND STREET, AND THE WEST SIDE OF HARRISON STREET FROM RAILROAD AVENUE TO ITS NORTIIERLY TERMINUS TO SUBSECTION (d) OF SECTION 32- 262 THEREOF PROVIDING FOR TIIE PROHIBITING OF PARKING NOW TIIEREFORE, BE IT ORDAINED BY THE C1TY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of Ordinances of the City of Dubuque, Iowa he amended by adding the following streets to subaeetion (d) of Section 32-262 thereof: "(d) No-parking-at-any-time zones designated. Third Street, both sides, from Main Street to Bell Sue~t Fourth Street, both sides, from TbiRl Street to Sixth Street. Fifth SUeet, both sides, from White Street to Adams Street. 129 Regular Session, April 1, 1991 Sixth Street, beth sides, from Adams Street to Bell Street. Adams Street, beth sides, from Fourth Street to Fifth S~t. Bell Street, beth sides, from Sixth Street to i~s southerly terminus. Alley east of Main, west side, from First St~et to Second Street. Harrison Street, west side. flx~n Rail- road Avenue to its northerly terminus." Passed, approved and adopted this fat day of April, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially ia the Telegraph HeraM newspaper this 5th day of April, 1991. Mary A. Davis City Clerk It 4/5 Council Member Kluesner moved that dds be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinanc~ be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopWxl be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Daich. Carded by the following vote: Yeas~Mayor Brady, Coun- eli Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. An Ordinance Amending the Code of Ordinances by deleting Third Street from Meter Districts B and C in Section 32-336 thereof, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 29-91 AN ORDINANCE AMENDING TEE CODE OF ORDINANCES OF TItE CITY OF DUBUQUE, IOWA, BY DELETING THIRD STREET FROM METER DISTRICTS B AND C IN SECTION 32-336 THEREOF NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CIWg OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by deleting Third Stleet from Parking Meter Districts B and C in Section 32-336 thereof as follows: "Sec. 32-336. Disuicts. Pafldng Meter District B Third Street, noxth side between Iowa and Main Streets Parking Meter District C Third Street, south side, between Iowa and Main Streets." Passed, approved and adopted this 1st day of April, 1991. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 5th day of April, 1991. Mary A. Davis City Clerk It 4/5 Council Member Kluesner moved that this be considered the first reading of the Ordi- nance and that the requirement that the proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinances. Seconded by Council Member Deich. Carried by the foBowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Nicholson, Pratt, Voetherg. Nays--None. RESOLUTION NO. I01-91 Whereas, applications for Beer Perr~ts have been submitted and filed to this Council for approvai and the same have been exam- inca and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bends. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued thc following named appBcants a Beer PcrmiL Regular Session, April 1, 1991 130 CLASS "C" BEER PERMIT Wareco System of Iowa 662, Wangco, Sunday Sales, 700 Rhomberg Ave CLASS "BE" BEER PERMIT B & M Convenient Mart, Oky Doky #7, Sunday Sales, 3301 Pennsylvania passed, approved and adopted this 1st day of April, 1991. James E. Brady Mayor Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas Mayor Brady, Coundl Members Deich, Kluesner, Krieg, Nicbelson, Pratt, Voetbe~g. Nays~None. RESOLUTION NO. 102-91 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas. the premises to be occupied by such applicants were inspected and found to comply with tho State Law and all City Ordinances relevant thereto and they have filed proper bends. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CI~r OF DUBUQUE. IOWA: That the Manager be authorized to cause to be issued tho following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE David C. Jaeger, The Yardarm (outdoor service), Sunday Sales, Eagle Point Marina John Noonan, Noonan's Tap, Sunday Sales, 1618 Central Judith A. Botsford, Betsy's, 1017 Rhomberg Ave. Knights of Columbus Counail Sunday Sales, 781 Locust Laura A. Murphy, Murph's South End Tap, Sunday Sales, 55 Locust St. Fat Tuesday's, 1121 University ARA Leisure Services, Inc., Dubuque Greyhound Park, Sunday Sales, East 16th St. Passed, approved and adopted this 1st day of Ap-a, ~ooI. James E. Brady Mayor Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Ye~s--Mayor Brady, Coundl Members Deich, Kluesncr, Ksieg, Nicholson, Pratt, Voetbevg. Nays--None. Printed Council Proceedings for the and June, 1990 for Council approval, presented and read. Council moved that the Council be approved as printed. Seconded by Council Member Pratt. Canied by the following vote: yeas--Mayor Brady, Council Members Deich, Kluesner, Krlag, Nicholson, Pratt, Vcetberg. Nays--Noue. MINUTES SUBMITTED--Cable Community Tcleprogramming Commission of 3-5; Cable TV Ragulato~y Commission of 3-20; Electrical Code Board of 3-18; Five Flags Commission of 3-18; Transit Trustee Bo~rd of 3-14, presented and lwnd. Council Member Voetberg moved that e direction that a Council Member set on the Committee for the Transit Board, specifically Mayor Brady. Seconded by Council Member Pratt. Can-led by the following vote: yeas--Mayor Brady, Council Members Deich, Klueaner, Krleg, Nicholson, Pratt, Voetberg. Nays--None. Council Member Voetberg moved that the minutes be received and fried. Seconded by Council Member Voetberg. Carried by the foBowiag vote: yeas--Mayc~ Brady, Council Members Deich, Kluesner, Kfieg, Nicholson, Prath Voetberg. Nays--None. NOTICES OF CLAIMS/SLqTS--Mark Blatz in amount of $186,00 for vehicle damages; Kara Kovar & Pat Helbing, in amount of $105.00 for property damages; Helen Sargent in amount of $3000.00 for Joe Shultz in estimated amount of $117.13 for vehicle damages; Kathleen and James Waller vs. City of Dubuque et al, in aa unspecified amount for Regular Session, April 1, 1991 132 131 Regular Session, April 1, 1991 p~rsonai sufferings; Notice of Expiration of Right of Redemption for property at 342 Main Street, presented and mad. Council Member Voetharg moved that the claims and suits be referred to the Legal Stuff for investigation and report. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Khiesner, Kriag, Nicholson, Prat~, Voetharg. Nays--None. Communications of Corporation Counsel advising of refemd of following claims m Alexsis, Inc., the agent for the Iowa Community Assurance Pool: Car damage claim of Gary G. Kaiser;, Personal injmy claim of Patty McGuire, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Kfiag, Nicholsun, Pratt, Voetberg. Nays--None. Petition of Daniel L Wemer requesting City vacate property located in South Avenue Addition consisting of a smail piece of the undeveloped portion of Levi Sffeet and an undeveloped elley that borders on the lots along Lorlmer S~reet, presented and read. Council Member Voetberg moved that the petition be mfenwd to the City Manager for investigation and report. Seconded by Council Member Pra~ Carried by the following vote: Ye~s--Mayor Brady, Council Members D~ich, Khiesner, Krieg, Nicholson, Pra~, Voetharg. Nays--None. Proofs of Publication certified to by the Publisher of Resolution No. 68-91 providing for fees in the Zoning Ordinance; Advising of the filing of a Notice of Finding of No Significant Effect on the Environment for the following projects: Operation paint Brash, Maintenance of Ahandoned]Vacant Buildings and Housing Project incentives, pmsenmd and reed. Council Member Voetberg moved that the proofs of publication bo received and filed. Seconded by Council Member Pra~. Carried by the following vote: Ye~--Mayor Brady, Council Members Deich, Kluesner, Kfiag, Nicholson, Pratt, Vcetberg. Nays-None. Petition of Bob Miller of Dubuque Hardwoods, Inc. requesting vacating of several streets situated near his property on 205 E. 6th S~reet Extension, presented and re~d. Council Member Pratt moved that the request be denied and City Manager directed to respond. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Pratt, Voetharg. Nays---None, Abetain~Council Member Nicholson. Petition containing 11 signatures requesting City implement a City-wide ctubside recycling program by the Fall of 1991, presented and read. Council Member Voetbe~g moved that the petition be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Kfiag, Nicholson, Pratt, Voetb~g. Nays--None. Communication of City Manager sub- mitring updates for the Fiscal Year 1992 budget materials to indicate the changes made to the mcommunded budget, plesented and mad. Council Member Voetbe~g moved that fl~e communication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Bredy, Council Members Deich, Kluesner, KCIOg, Nicholson, Pratt, Voetberg. Nays None. Communication of City Manager recom- mending acceptance of Restoration of City Hall Bell Tower Project, presented and read. Council Member Voetberg moved that tho communication be mcaived and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dclch, Klucsner, Kficg, Nicholson, Pratt, Voethaxg. Nays--None. RESOLUTION NO. 103-91 ACCEPTING IMPROVEMENT Whereas, the contract for the City Hall Bell Tower Restoration has been completed and thc City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifica- tions and ~ecommends it acceptance. blOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBHQUE, IOWA: Section L That the recommendation of the City Manager ha approved and that said improvement be and the same is hereby accepteA, BE IT FURTHER RESOLVED that the City Treasurer ha and he is hereby directed to pay to the contractor f~om the General Ftmd in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 1st day of April, 1991. Attest: Mary A. Davis City Clerk law~s E. B~ly Mayor Council Member Voetharg moved adol~ tion of the R~olution. Seconded by Council Membex Pratt. Carcied by the foilowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Vcetberg. Nays--blone. RESOLUTION NO. 104-91 FINAL ESTIMATE Whereas, the contract for the City Hall Bell Tower Restoration has been comple~xl and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY TtlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the cost of saidt improvement is hereby determined to be $32,930.00 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day, of April, 1991. }~/C James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetharg moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: yeas--Mayor Brady, Council Members Deich, Khiesner, Kriag, Nicholson, Pratt, Voetharg. Nays--None. REICrOND REQUESTED--Holiday Inn requesting $633.75 on unexpired Liquor License, presented and read. Council Mcmb~ Vcetberg moved that the refund be approved and Finance Director to issue proper check. Seconded by Council Memhar Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetha~g. Nays---None. Them being no further business, Council Member Vo~tharg moved to adjourn the meeting. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Kfieg, Nicholson, Pratt, Voetbcqg. Nays--None. Meeting adjourned at 11:15 p.rm Mary A. Davis City Clerk '~' ,199g' Council Memhar~.f Attest: d - 133 Board of Health, April 15, 1991 CITY OF DUBUQUE BOARD OF HEALTH QUARTERLY MEETING Regular Quarterly Meeting, April 15, 1991. Board met at 7:25 p.m. Public Library Auditorium. Present: Chairperson James E. Brady, Board Members Deich, Krieg, Kluesner, Nicholaon, Prath Vcetberg. Chairperson Brady read the call and stated .this meeting is die Regular Quarterly Meet- mg of the Board of Healdi called purpose to act upon such business may properly come before the Board. Visiting Nurse Association Executive Dkector Julie McMabon addressed the Board re: VNA Public Health Nursing Conttect Activities, Board Member Kluesner mov~e~. < that the VNA report be received and Seconded by Board Member Kfieg. Carried by the following vote: Yeas-- Chairperson Brady, Board Members Deich, Krieg, Kluesner, Nichulson, Pratt. Voetberg. Nays--None. There being no further business, Board Member Voetberg moved to adjourn the meeting. Seconded by Board Member Kluesner. Carried by the following vote: Yeas~Chalrperson Brady, Board Members Dulch, Krieg, Kluesuer, Nicholson, Pratt, Voetbe~g. Nays---None. Board of IIealth Meeting adjourned at 7:34 p.m. Mary A. Davis Secretary Board Members DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, April 15, 1991. Council met at 7:30 p.m. Public Library Auditorium. Present: Mayor James E. Brady, Council Members Deich. Krieg, Kluesner, Nicholson, Pratt, Voctberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. LindahL Mayor Brady read the call and stated this meeting is the Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may properly come before die Council. Invocation was given by Rev. Robert Turner, Pastor of Grace Community Cburch. pROCI~kMATIONS: April 21-17 as "National Volunteer Week" received by Diane Kueny; April 21-27 ~ "YWCA Week" received by Jenny Stabenow; April 27 as "Arbor Day" received ~b.y Stev~ Pregler; April 28-May 4 as "Beta Sxgma Pth Week" mculvad by Pat Goetz; Month of April as "Fair Housing Month" received by Louise Lorenz; May 1 as "Reri~ad Senior Volunteer Program Day" received by Marian Williams. Mayor Brady recognized the presence of Boy Scouts Pack #6 of Downtown Catholic School studying for their "Citizenship Activity Badge". YOUTH IN GOVERNMENT Mayor Brady swore in Youth Mayor Toby Steeldeln; Youth Mayor Stecklein swore in Youth Council Members Kevin Kunkel, Shane Nul~on, Darci Becben, Amy Saanito, Eric Wekes and Dan Walsh. Youth Mayor Stecklaln swore th Youth City Manager, Gina Fxvolino, Youth Corporation Counsel, Sue Ann Bradley and Youth City Clerk, Ramon Cuevas. Council Member Pratt moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nicholson, Pratt, Voetherg. Nays--None. Proof of Publication certified to by die Publisher on Notice of Public ltearing to consider disposing of property l~ated on the west side of Central Avenne between 17th and 18th Streets. presented and read. Council Member Pratt moved that the proof of publi- cation be received and fried. Seconded by Council Member Kluesner. Carried by the following vote: Yeas~Mayes Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Vuetberg. Nays--None. Edwaxd and Kathleen Krase spoke, requesting adoption of the Resolution. RESOLUTION NO. 105-91 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph llersid, a newspeper of general circulation, published in the City of Dubuque, Iowa on the 5th ~y of April, 1991, the City Council of the City of Dubuque, Iowa met on the 15th day of April, 1991, at 7:30 p.nz in the Public Library Auditorium, llth and Locust, Dubuque, Dubuque Couniy, Iowa to consider the proposal for die sale of real estate described as: The north 27 feet 8 inches of Lot 3 of City Lot 675, and the north I foot 9 inches of the south 15 feet 8 inches of Lot 3 of City Lot 675 in thc City of Dubuque, Iowa to Fxtward and Kathleen Kmsc; and Whereas, the City Council of the City of Dubuque, Iowa oven'uled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa in the herulnabove das~ribed real estate to Edward and Kathleen Kmse. NOW T1LEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF DUBUQUE, IOWA: Section L That the disposal of interest of the City of Dubuque, Dubuque County, Iowa in real property das¢fibed as the north 27 feet 8 inches of Lot 3 of City Lot 675, and the north I foot 9 inches of tho south 15 feet 8 inches of Lot 3 of City Lot 675 in the City of Dubuque, Iowa to Edward and Kathleen Kruse, be and die same is hereby approved for the sum of $2,000.00 plus publication and filing fees less expenses incmxed in the removal of a reek wall; conveyance shall be by Quit Claim Deed. 135 Regular Session, April 15, 1991 Section 2. That the Mayor be authorized and directed to execute a ( and the City Clerk be and is hereby autho- rized and directed to deliver said deed of upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Treasurer. Passed, approved and adopted this 15th day of April, 1991. James E. Brady Mayor Mary A, Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Kinesner. Carded by the following vote: Yeas--Mayor Brady, Council Members Deieh, Kinesner, Kfieg, Nicholson, · Commurfication of City Mannger respoed. Daniel C. Nichol's request for purchase of mudicafion be received and filed. Seconded by Council Member Deich. Carried by the followiag vote: Yeas--Mayor Brady. Coun- cil Members Deich, Kluesner, Krieg, RESOLUTION NO. I06-91 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN LOTS 90, 91 AND 92 IN I~NOX ADDITION IN THE CITY OF DUBUQUE TO SUSAN M. NICHOLS Whereas, thc City of Dubuque is the current owner of Lots 90, 91 and 92 in Lenox Addition in thc City of Dubuque, Iowa; and Whereas, the adjacent property owners, Susan M. Balsamo arid Daniel C. Nichols, have petitioned to purchase said property from the City of Dubuque. NOW TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in Lots 90, 91 and 92 in Lenox Addition to Susan M. Balsamo and Daniel C. Nicbois. Section 2. That the conveyance of the City's interest shall be for the sum of $2,000.00 plus poblication and filing fees. Se~lon 3. That the City Clerk be and is hereby authorized and directed to cause a notice to be published aa prescribed under Section 364.7 Disposal of Property, Code of Iowa, 1989 or as amended. Passed. approved und adopted this 15th day of April, 1991. Jam~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Dcich. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich. Kluesnur, Krleg, Nichoison, Pratt, Voetbevg. Nays---None. Communication of City Manager subntit- ting documents initiating the bidding process for the rosurfacing of Central Ave. from 11 th Street to 20th Street, presented and read. Council Member Krleg moved that the com- munication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Prail, Voetberg. Nays--None. RESOLUTION NO. 107-91 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW TiIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of conteact and estimated cost for the Central Avenue A.C.C. Resurfacing Project from llth Street to 20th Street, in the estimated amount of $281,373.40, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 15th day of Atnll, 1991. Jantes E. Brady Mayor Attest: Mary A. Davis City Clerk Regular Session, April 15, 1991 136 Council Member Kfiag moved adoption of the Resolution. Seconded by Council Member PratL Carried by the following vote: ye~--Mayor Brady, Council Member~ Ddich, Kluesner, Kfieg, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 108-91 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its g~llrrdanry approval on the proposed plans, specifica- tions, and fearn of contract and placed same on ftc in the office of the City Clurk for public inspection of the Central Avenue A.C.C. Reaurfacing Project from ll.th Street to 20th Street. NOW TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That on the 20th day of May, 1991, a public heaving wili be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and speci- ficatiom, form of contract and cost of said improvement, and the City Clerk b~ and is hereby directed to cause a notice of time and place of such heating to be published in a newspaper having general ¢irmilafion in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At die hearing, any interested person may appear and lile objections to the proposed plans, specifications, conteact, or estimated cost of the improvement. Passed, adopted and approved this 15th day of April, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krleg moved adoption of the Resolution setting date of Heating for Ma~ 20, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Ci~k publish notice in the manner prescribed by law. Seeondad by Council Member Pratt. Carried by die following vote: yea~---Mayor Brady, Council Members Deich, Kluesuer, Krieg, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 109-91 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCB, OF TIlE CITY OF DUBUQUE, IOWA: Tha~ the Centsal Avenue A.C.C. Resur- facing Project from 1 lth Steer to 20th Sue, et is hereby ordered ~ be adverdsed for bids for construction. BE IT I~JRT[IER RESOLVED, that the xnount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the ilans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the consUucfion of the improvements herein ptovidad, to be pub- lished in a newspaper having general circula- tion in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 7th day of May, 1991. Bids shall be opened atul read by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on tbe 20th day of May, 1991. Passed, adopted and approved this 15th day of April, 1991. Attest: Mary A. Davis City Clerk Jawes E. Brady Mayor Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: ye~s--Mayor Brady, Council Members Ddich, Kluesner, F~iag, Nicholson, Pratt, Voetberg. Nays~None. Communication of Zoning Commission advising of their approval to rezone property at southwest comer of Kaufmann Avenue and Kennedy Road from OR to OS, pre- sented and reed. Council Member Kinesnur moved that the communication be received and filed. Seconded by Council Member Pran. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Kriag, Nichoisoa, Pratt, Voetberg. Nays---Norm. An Ordinance Amending Code of Onfi- nam:es by reclassifying property located at the Southwest Comer of the Intersection of Kennedy Road and Kaufmann Avenue from 137 Regular Session, April 15, 1991 OR Offic~ Residential Dislrict Io OS Office Se~ice Disuict with conditions, presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 6th day of May, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Pratt Carried by the following vote: Yens--Mayor Brady, Council Members Dcich, Kluesner, Kring, Nicholson, Pra~ Voetberg. Nays None. Communication of Zoning Commission advising of their approval to amend the Conceptual Development Plan - War~n Plaza PC District, 3500 Dodge, Hy-Vee Food Stores, presented and read. Council Member Voetberg moved that the communi- cation be received and filed. Seconded by Council Member Deich. Carded by tho following vote: Yeas--Mayo~ Brady, Council Members Deich, Khieaner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. An Ordinance Providing for the amend- ment of Ordinance 5-79 which Ordinance estabilshed Warren Plaza as a Planned Unit Development in C-6 Planned Commercial District, plesented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 6th day of May, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Deich. Ca~ried by the following vote: Yeas--Mayor Brady, Council Members Duich, Kluesner, IG-ieg, Nicholson, Pratt, Voetberg. Nays---None. Communication of Zoning Commission recommonding approval of text amendment to Zoning Ordinance removing Hazardous Materials Language from Group Day Care Requirements in LI and HI Districts, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Pratt Carded by the following vote: Yeas--Mayor Brady, Council Members Duich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. An Ordinance Amending Code of Ordinances by repealing the Present Sections 3-4.1(D)(1)(h) and 3-4.2(D)(1)(h) Providing that language regarding lIazardous Storage be removed from Group Day Care Center Requirements in LI and HI Districts, presented and read. Council Member Krieg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council m~etings prior to the me, ting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 6th day of May, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner pr~acribed by law. Seconded by Council Member Pratt. Vote on the motion was ss follows: Yem~ouncil Members Krieg, Pratt. Nays~Mayor Brady, Council Members Deich, Kluesner, Nicholson, Voetbe~g. Motion failed. Council Member Kluesner moved that this be considered the first reading only and set it for Heauing on May 6, 1991 at 7:30 p.m. in the Public IJbrary Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Pratt. Carried by the following vote: YeaS--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt. Nays--Council Member Voetberg. Communication of Zoning Commission recommending approval of text amendments to Zoning Ordinance for Sections 5 and 6 for Notification Procedures and Public Hearings Request initiated by Planning Services Division, presented and read. Council Member Voetberg moved that the communi- cation be received and filed. Seconded by Council Member Nicholson. Carried by the following vole: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kriag, Nicholson, Pratt, Voetberg. Nays--None. An Ordinance Amending Cede of Ordi- nances by repealing requirements for ceifified mailing of notices for zohing reclassifications in Section 6-2.1 for variances in Section $-3.5(B), and condi- ilonal nses in Section ~-3.4(B); and by repealing the set for Hearing Requfrement for Zoning Reclassifications in Section 6-1.2 and text amondmunts in Section 6-3.1, pre- sented and read. Coundl Member Voetberg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Regular Session, April 15, 1991 138 Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 6th day of May, 1991 at 7:30 p.m. in tho Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetbe~g. Nays--None. Communication of Zoning Commission recommending approval of text ameedment to Section 8 of rite Zoning Ordinance, amending definitions for "Family", "Family ltorne", "Group Homo" and "Housing for the Elderly, Handicapped and Disabled", pm- sented and read. Council Member Kluesner moved that tho communication be received and filed. Seconded by Council Member Vcotberg. Carded by the following vote: yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetbe~g. Nays--None. An Ordinance Amending Code of Ordi- nances by repealing the Present Section 8 Definitions of "Family", "Family Home", "Group Home" and "Housing for the Elderiy, lIandicapped and Disabled" and adding thereto new Section 8 Definitions for "Family", "Group Home" and "Housing for the Elderly" and persons with Disabilities"; by Repealing Section 3-1.1(B)(8) and the Family Home Listing under Chart (F), Section 3-1.2(B)(10) and the Family Home Listing under Chart (F), Section 3-1.3(B)(10) and the Fanfily Home Listing under Chart (F), Section 3-1.4(B)(11) and the Family ltome Listing under Cha~t (F), Section 3- 1.5(B)(IO) and the Farrdly Home Listing under Chart (F), Section 3-1.6(b)(1)(g), and Section 3-1.2(B)(19) and the Family Home Listing under Chart (F); and by removing the reference to "Housing for tho Elderly, Handicapped and Disabled" and in~erfing, in lieu thereof, "Housing for the Elderly and Persons with Disabilities" in Section 3- 1.4(D)(8) and (F), Section 3-L5(D)96) and (F), Section 3-1.6(B)O)(e), Section 3- 2.1(N)(6) and (F), Section 3-3.4(B)(6) and Section 3-3.5(B)O), presented and read. Council Member Kluesner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considexed and voted on for passage at two Coundl meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public llearlng be held on the proposed Ordinance on the 6th day of May, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Vote on the motion was as follows: Yeas.~Coancil Members Khiesner, Krieg, Nicholson, Praa, Voetberg. Nays-Mayor Brady, Council Member Deich. Motion failed. Council Member Kluesne~ moved that this be considered the first reading only of the Ordinance and that it be set for Public Hearing on May 6, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner pre- scribed by law. Seconded by Council Mem- ber Pratt. Carded by tho following vote: Yeas--Mayor Brady, Council Members Duich, Kluesner, Krieg, Nicholson, Pratt, Voetbevg, Nays--None. Communication of Zoning commission advising of their approval of text amendment to Zoning Ordinance concerning rewriting Bed and Breakfast Regulations affecting R-l, R-2, R-2A, R-3, R-4 and OR Districts, presented and read. Council Member Kfieg moved that the communication be received and filed. Seconded by Council Member Klunsner. Carried by the following vote: yeas--Mayor Brady, Council Members Kluesner, Kfieg, Nicholson, Pratt, Vcetberg. Nays---Council Member Dcich. An Ordinance Amending Zoning Ordinance by amending Section 3-1.1(D)(I) in R-I Single-family Residential, Section 3- 1.20))(1) R-2 Two-family Residential, Sec- tion 3-1.3(1))(2) R-2A Alternate Two-farrfily Residential, Section 3-1.4(D)(3) R-3 VIederate Density Mcifi-family Residential, Section 3-1.5(D)(2) R-4 Muifi-family Reei- dential, and Section 3-2.1(D)(2) or Office Residential Districts to provide for Bed and Breakfast Homes and Inns as Conditional Uses; and to amend Section 8, Definitions, in regard to Bed and Breakfast ltomes, Bed and Breakfast Inns and Tour Homes, presented and reed. Council Member Kring moved that this be considered tho first w~ding of the Ordinance, and that the requirement that a proposed Ordinance be cunaidered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Heating be beld on the proposed Ordinance on the 20th day of May, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in tho manner prescribed by law. Seconded by Council Member Khiesncr. Carried by thc fofiowing vote: yeas--Mayor Brady, Coun- cil Members Khiesner, Kfieg, Nicholson, Pratt, Vcetberg. Nays--Council Member Duich. 139 Regular Session, April 15, 1991 Communication of the City Manager pre- senfing for City Council consideration and approval a number of plats which facilitate the exchange of Ice Harbor properties as provided in agreements between the City, Robert's River Rides and the Dubuque County Historical Society, presented and read. Coundl Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Calrind by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klucsner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 110-91 RESOLUTION APPROVING A PLAT OF VACATED PARCEL OF LAND ACQUIRED AS RIGHT-OF-WAY BY THE CITY OF DUBUQUE BY CORPORATE WARRANTY DEED, INSTRUMENT #4611-89 Whereas, there has been prcsunted to the City Council of the City of Dubuque, Iowa, a plat dated February 18, 1991, prepared by IIW Engineers and Surveyors, P.C., Dubuque, Iowa, describing the vacated parcel of land acquixed as right-of-way by the City of Dubuque by Corporate Warranty Deed, lnstn~ment No. 4611-89; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY TItE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~ion 1. That the plat dated February 18, 1991 prepared by IIW Engineers and Surveyors, P.C., relative to the real estate herein described as Lot D and Lot E, Bl~ck D of Booth's Addition in the City of Dubuque, Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this Resolution in the Office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 15th day of April, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Bredy, Council Members Deich, Kluesner, Kfieg, Nicholson, Pratt, Voetberg. Nays~None. An Ordinance vacating a parcel of land acquired as right-of-way by the City of Dubuque by Cmporate Warranty Deed, In- strument No. 4611-89, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance, and that die requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and fu~her moved that a Public Hearing be held on tbe proposed Ordinance on the 6th day of May, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--~Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholsoa, Pratt, Veetberg. Nays--Noue. RESOLUTION NO. 111-91 RESOLUTION APPROVING PLAT OF VACATED PART OF EAST TItIRD STREET AND A PART OF MARKET STreET IN BOOTH'S ADDITION IN TIlE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, splat dated February 18, 1991, prepraed by IIW Engineers and Surveyors, P.C., Dubuque, Iowa, describing the vacated part of East Third Street and part of Market Street in Booth's Addition in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THERP~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated Febroary 18, 1991 prepared by IIW Engineers and Surveyors, P.C., relative to the real estate herein described as Lot A, Block C of Booth's Addition in the City of Dubuque, Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Regular Session, April 15, 1991 140 Section 2. That thc City Clexk be and ia hereby authorized and di~ncted to file said plat and certified copy of this l~solufion in the Office of the Recorder, in and for Dubuque County, lows. Passed, approved and adopted this 15th day of April, 1991. Jarn~s E. Brady Mayor Attest: Ma~y A. Davis City Clerk Council Member Vcetberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Krieg, Nichoison, Pratt, Voetberg. Nays--None. An Ordinance Vacating a part of East Third Street and a part of Market Street in Booth's Addition in the City of Dubuque, Iowa, presented and gad. Council Member Voetberg moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a PUbBc Hearing be held on the proposed Ordinance on the 6th day of May, 1991 at 7:30 p.m. in the Public Librapj Auditorium and that the City Clerk pubiish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesncr, Krieg, Nicholson, Pratt, Voetberg. Nays-None. RKgOLUTION NO. 112-91 RESOLUTION APPROVING PLAT OF VACATED PART OF EAST THIRD STREET AND pART OF BELL S'EREET IN BOOTH'S ADDI- TION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated February 18, 1991, prepared by IIW Engineers and Surveyors, P.C., Dubuque, Iowa, describing the vacated part of East Third Slav. et and part of Bell Street in Booth's Addition in the City of Dubuque, Iowa; and Whereas, said plat confinnns to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED ~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated Febr0aty 18, 1991 prepared by IIW Engineers and Sup~eyors, P.C., relative to the real esta~ herein described as Lot A, Lot B, Lot C and Lot D, Block L of Booth's Addition in the City of Dubuque, Dubuque County, lows is hereby approved, and the Mayor and City Clerk be and they ate hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, lows. Section 2. That the City Clonk be and is hereby authorized and directed to file said certified copy of this Resolutlun in the Office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and 9dopted lifts 15th day of April. 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved edop- the Resolution. Seconded by Council Member Nicbulson. Carded by the following vote: yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nichoison, Pratt, Voetberg. Nays--None. An Ordinance Vacailng a part of East Third Street and a part of Bell Sueet in Booth's Addition in the City of Dubuque, lows, presented and read. Council Member Voetberg moved that this be considered the l'trst reading of tho Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be sus- and further moved that a Public Heating be held on t~ proposed Ordinance on the 6th day of May, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Carded by the following vote: yeas--Mayor Brady, Courwil Members Deich, Kluesner, Kfiag, Nicholson, Pratt. Voetberg. Nays--None. RESOLUTION NO. 113-91 RESOLUTION APPROVING PLAT OF SURVEY OF A DIVISION OF LOT A, BLOCK D AND LOT B, BLOCK D OF BOOTH'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA 141 Regular Session, April 15, 1991 Wbere~z, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated February 18, 1991, lnepe~l by IIW Engineers and Surveyors, P.C., Dubuque, Iowa, dividing Lot A, Block D and Lot B, Block D of Booth's Addition in the City of Dubuque, lows; and Whereas, said plat conforms to the laws and statutes pecodbing thereto. NOW THEREgORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated February 18, 1991 prepared by llW Engineers and Surveyors, P.C., relative to the ~ estate herein described as a Division of Lot A, Block D and Lot B, Block D of Booth's Addition in tho City of Dubuque, Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, lows. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this Resolution in the Office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 15th day of April, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carded by the following vote: Yeas--Mayor Bredy, Council Members Ddich, Kluesner, Krieg, Ninholson, Pr/at, Voetberg, Nays--None. RESOLUTION NO. 114-91 RESOLUTION APPROVINO PLAT OF SURVEY OF A DIVISION OF LOT 4 OF LOTS 1 THROUGH 21, BLOCK E, LOTS 1 TIIROUOH 14, BLOCK D AND VACATED MARKET STREET LYING BE- TWEEN BLOCKS D AND E, ALL 1N BOOTH'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated February 18, 1991, prepared by llW Engineers and Surveyors, P.C., Dubuque, Iowa, dividing Lot 4 of Lots 1 through 21, Block E, Lots I through 14, Block D and vacated Market Street lying between Blocks D and E, all in Booth's Addition in the City of Dubuque, Iowa; and Wbereaa, said plat conf~ns to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIl. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated February 18, 1991 prepared by IIW Engineers and Surveyors, P.C., relative to tho ~eai estate herein deserlbed as a Division of Lot 4 of Lots I through 21, Block E, Lots 1 through 14, Block D and vacated Maxket S~eet lying between Blocks D and E, ail in Booth's Addition in the City of Dubuque, Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk be and they are here- by authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and corfified copy of this Resolution in the Office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 15th day of April, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Ninhulson. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesner, Kfieg, Ninholson, Pratt, Voetberg. Nays---None. RESOLUTION NO. 115-91 RESOLUTION APPROVING PLAT OF SURVEY OF A DIVISION OF LOT I AND LOT 2 OF LOTS 1 THROUGH 21, BLOCK E, LOTS 1 THROUGH 14, BLOCK D AND VACATED MARKET STREET LYING BETWEEN BLOCKS D AND E, ALL IN BOOTH'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTy, IOWA Regular Session, April 15, 1991 142 Wbereaa, there has been presented to the City Council of thc City of Dubuque, Iowa, a plat dated February 18, 1991, prepared by IIW Engineers and Surveyors, P.C., Dubuque, Iowa, dividing Lot 1 and Lot 2 of Lots 1 through 21, Block E, Lots 1 through 14, Block D and vacated Market Stxeet lying between Blocks D and E, all in Booth's Addition in the City of Dubuque, Iowa; and Whereas. said plat conforn~ to tho laws and statutes pertaining theroto. NOW TIlEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated February 18, 1991 prepared by IIW Engineers and Surveyors, P.C., relative to tho ~ estate herein described as a Division of Lot I and Lot 2 of LOts 1 through 21, Block E, Lots 1 through 14, Block D and vacated Market Street lying between Blocks D and E, all in Booth's Addition in the City of Dubuque, Dubuque County, Iowa is hereby approved, and the Mayor and City Cierk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Set/ion 2. That the City Cierk be and is hareby authorized and directed to file said plat and certified copy of this Resolution in the Office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 15th day of April, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetberg moved adol~ tion of the Resolution. Seconded by Council Member Ninholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesner, Krieg, Ninholsoa, Praa, Voetberg. Nays--None. RESOLUTION NO. 116-91 RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1 OF INNER LEVEE, BEING A DIVISION OF A STRIP OF LAND LOCATED BE- TWEEN THE NORTH LINE OF TIlE ICE HARBOR AND THE SOUTH LINE OF BLOCK D, BLOCK E AND BLOCK L OF BOOTH'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Wbe~.as, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated Februa~ 18, 1991, prepared by IIW Engineers and Suxveyors, P.C., Dubuque, Iowa, describing Lot 1 of Inner Levee, being a division of a strip of land located between the north line of the lee Harbor and the south llne of Block D, Block E and Block L of Booth's Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat confmans to the laws and statutes p~l'mibiug thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated February 18, 1991 propar~ by IIW Engineers and Surveyors, P.C., relative to tho veal estate rerein described as Lot I of Inner Levee, being a division of a suip of land located between the North line of the Ice Harbor and the South line of Block D, Block E and Block L of Booth's Addition in the City of Dubuque, Dubuque County, lows is hereby approved, and the Mayor and City Clerk be and they me hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa- SecEon 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this Resolution in the Office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 15th day of April, 1991. lames E. Brady Mayor At.st: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: yeas--Mayor Brady, Council Members Deinh, Kluesner, Krieg, Nichohon, Pratt, Voetbuvg. Nays---None. Boards aud Commissions: Historic Preservation Commission: Laugworthy District; One unexpired term which will expire July 1, 1993. Applicant: Jerome R. Welch, 1090 Melrose Terrace. Council Member Kluesner moved that Ierom~ Welch be appointed to the Historic Preservation Commission (representing the Regular Session, April 15, 1991 144 143 Regular Session, April 15, 1991 Langworthy Disuic0 for a term that will expire July 1, 1993. Seconded by Council Member Vcetberg. Canied by the following vote: Yeas--Mayor Brady, Council Membo's Dulch, Kincsner, Krieg, Nicholson, Pratt, Voeth~g. Nays~Nonc. Communication of City Manager recom- mending defeasance of remaining $2,775,000 of outstanding Dog Track G.O. Bonds and approval of Supplemental Funding Trust Agreemunt, preannled and read. Council Member Kluesner moved that tho communi- cation be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Coun- cil Members Dalch, Klansner, Krieg, Nichoison, Pratt, Voetberg. Nays--None. RKgOLUT1ON NO. 117-91 RESOLUTION APPROVING THE DEFEASANCE OF $2,775,000 OUTSTANDING GENERAL OBLI- GATION BONDS USED FOR ~ CONSTRUCTION OF THE GREY- HOUND DOG RACING FAC1L1TY Whereas, the voters of Dubuque, Iowa, on April 24, 1984, supported a General Obligation Bond issue for the purpose of building a greyhound dog racing facility by a 70.7% approval rate; and Whereas, on September 5, 1984, the City of Dubuque sold $7,900,000 in General Obligation Bonds to construct such gr~yhound dog racing facility; and Whereas, by lease agreement with the City of Dubuque, the Dubuque Racing Association is responsible for the debt service on the $7,900,000 borrowing; and Whereas, it has been the stated intent of both the City of Dubuque and the Dubuque Racing Association to reduce any property tax exposure by reserving DRA funds for debt service payments and paying off the bonds just ~s soon as they are eullable; and Whereas, on April 15, 1990, the City of Dubuque and the Dubuque Racing Associa- tion defensed $4,075,000 of the outstanding General Obligation bonds used to c~ostmet the greyhound dog racing facility; and Whereas, $2~775,000 of the original $7,900,000 General Obligation borrowing remains outstanding; and Where., sufficient Dubuque Racing Aasociation funds are available to dofease the balance of outstanding General Obligation bonds without causing cash flow problems for the dog track operation; and Whereas, it is desirable to defease the balance of th~ outstanding debt to reduce annual Dubuque Racing Association debt sen4ce payments and reduce die City's total outstanding General Obligation debt; and Whereas, the Dubuque Racing Association Board of Dixectors on February 25, 1991 ap- proved the use of approximately $3,000,000 of available funds to defease the remaining outstanding General Obligation; and Whereas, it is recommended by the City Manager that the City Council approve the defeasance of $2,775,000 of outstanding General Obligation debt issued to construct the greyhound dog racing facility. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the defeasance of $2,775,000 of outstanding General Obliga- tion debt issued September 5, 1984 to constsuct the greyhound dog racing facility is hereby authorized and approved. Passed, approved and adopted this 15th day of April, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas---Mayor Brady, Council Members Ddich, Kinesner, Krieg, Nicholson, Pratt, Voerbevg. Nays-None. RESOLUTION NO. 118-91 RESOLUTION APPROVING THE SUPPLEMENTAL FUNDING TRUST AGREEMENT DATED APRIL 15, 1991, AND AUTHORIZING ITS EXECUTION Whereas, $7,900,000 General Obligation Bonds dated October 1, 1984, have been sold at public sale for the purpose of paying costs of constructing and equipping recrea- tional facilities consisting of a dog racing Irack complex in the City including the acquisition, construction and equipping of facilities useful for the collection, treatment and disposal of sewage in a sanitary manner for the collection and disposal of surface waters and stseams; the acquisition, con- strUCfiOn and uqulpping of water malus and extensions; and the acquisition, construction and installation of street lighting fixtu~s, connections and facilities; and Wl~reas, in order to provide for the proper and fin~ly application of mousy and investment incomu derived from the opera- tion of the Race Track for the payment of the principal and interest due on the General Obligation Bonds, dated GeuYcor 1, 1984, (hereinafter "Funded Bonds"), it is necessary to enter into a Funding Trust Agreement and to enter into certain covenants with die holders of the Funded Bonds; and Whereas, a Supplercontal Funding Trust Agreement has been prepared to be ente~e.d into between the City and the Amz. rican Trust and Savings Bank of Dubuque, Iow~ NOW TIIEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SecBon 1. That the American Trust and Savings Bank is hereby appointed to serve as Truate~ pursuant to the terms of the Supple- mental Funding Trust Agreement. Section 2. That the Supplercontal Funding Trust Agreement with the American Tn~st and Savings Bank is hereby approved and that the Mayor and City Clerk am authorized to sign the Agreement on behalf of the City of Dubuque, Iowa, and to take ail acdou necessary to cause the City to fully perform its obligations thereunder. passed, approved and adopted this 15th day of April, 1991. Janus E. Brady Mayor Attest: Ma~y A. Davis City Clerk Council Member Kinesner moved adop- tion of the Resolution. Seconded by Council Member PraU. Canied by the following vote: yeas---Mayor Brady, Council Members Deich, Klnesner, Kriag, Nicholson, Pratt. Voetberg. Nays---None. proof of publication certified to by the PubBsher on Notice of Sale of $2,500,000 G.O. Bonds, Series 1991 and communication of SNeer Financial Inc., reconm{unding sale of bonds to Harris Trust & Savings Bank, Nonvest Investment Services at a net interest rate of 6.0943 %, presented and read. Council Member Voetberg moved t~a.t the prco. f of, publication and communication be recelveo and filed. Seconded by Council .Membe~ Nicholson. Carried by the foilowrag vote. yem--Mayor Brady, Council Members Dnich, Kinesner, Kring, Nicholson, Pratt, Voetberg. Nays--- None. RESOLUTION NO. 119-91 RESOLUTION DIRECTING SALE OF $2,500,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS Whereas, pursuant to notice as required by law, bids have been received at public sale for thc bends described as foBows and the best bid re, ceivnd is determined to be the following: $2,500.000 ESSENTIAL CORPORATE pURPOSE GENERAL OBLIGATION BONDS: Bidder: Harris Bank and Savings Bank & ks~ocintes of Chicago. illinois the terms of said bid being: purchase Price - $2,476,713.80 Net Interest Ccst- $1,093,016.20 Net Interest Rate - 6.0943% NOW TtlEREFORE, BE IT RESOLVED BY THE CITY cOUNCIL OF TliE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the bonds ss above set out is hereby determined to be the best and most favorable bid received and said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for tbe sale of said bonds axe hereby approved and the Mayor and Clerk are an- thorized to execute die sam~ ou behalf of the city. Section 3. That the notice of die sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds ~re hereby ratified and approved. Passed, approved and adopted this 15th day of April, 1991. laraes E. Brady Mayor Attest: Mary A. Davis City Clerk 145 Regular Session, April 15, 1991 Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Communication of Airport Commission requesting consideration of indopth mar- keting study of air service and time for presentation by Commission, and further requesting funds in an amount of $20,000 to hire a consulting firm for Marketing Study for Dubuque Air Service, presented and read. Arnic Honkamp and Dennis Houlihan pre- sented the report and requested funds. Council Member Pratt moved that the com- munication be received and filed and request approved, with funds of $20,000 to be given in advance. Seconded by Council Member Nichoison. Carded by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nichoison, Pratt, Voetbexg. Nays---None. Communication of City Manager racom- mending Design Semiees Agveerc~nt with Strand Associates, Inc. for Phase I Improvements to the Dubuque Water Pollu- tion Control Haut in an amount not to exceed $350,000, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member PraiL Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kriag, Nichoison, Pratt, Voetbexg. Nays--None. RESOLUTION NO. 120.91 RESOLUTION AUTItORIZING THE CITY MANAGER TO EXECDTE AGREEMENT W1TH S'IRAND ASSOCIATES, INC. TO DESIGN PHASE I MODIFICATIONS FOR THE WATER POLLUTION CON- TROL PLANT Whereas, certain construction improve- ments have been budgeted at thc Dubuque Water Pollution Control Plant; and Whereas, Strand Associates, Inc. has submitted to the City an agreement to provide design services for these improve- ments at a cost not to exceed $350,000; and Whereas, thc City Council desires to enter into the agmemcot with Strand Associates, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be authorized to execute the agreement for pro~ fcssional services with Strand Associates, Inc., dated April 9, 1991, for engineering services related to design of Phase I improvements at the Dubuque Water Pollu- tion Control Plunn Passed, approved and adopted this 15th day of April, 1991. James E. Brady Mayor A~est: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member PraiC Cawied by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kinesner, Kricg, Nicholson, Pratt, Voetberg. Nays--None. Communication of City Manager request- ing concurtence with Staff's recommendafico to adjust the Patient Care Unit values used in computing charges for ambulance sexxice, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 121-91 A RESOLUTION ESTABLISHING PATIENT CARE UNIT (PCU) VALUES FOR THE MEDICAL PROCEDURES AND SERVICES PROVIDED BY TIIE DUBUQUE FIRE DEPARTMENT AMBULANCE SERVICE Whereas, ti~ City of Dubuque, Iowa, has established an ambulance fee schedule based upon a base rate and the cost of actual ser- vices provided and time consumed in patient Where. as, the base rote has been estab- fished at $75.00 and a $70.00 Patient Care Unit (PCU) rate has been established to compute charges for services rendered; and Wbereas, onePCU is equaltoonehourof patient care and is bn)ken down into six minute incremcntswith~lPCUrepresen~ lng six rninutesorone-tenthofanhouG and Whereas, the enabling ordinance specifies that the PCU value for e~ch medicai pro- cedure and service shull be established from Regular Session, April 15, 1991 146 time to time by the City Manager and approved by the City Council by resolution. Wbereas, the PCU values were established by Resolution 77-90 effective July 1, 1991; and Whereas, it ia deemed appropriate at this time to make cihaugcs in the PCU values in response to actual operating cxpasience; and Whereas, the attached schedule of Patient Cam Unit values makes such medificaticos mad supersedes the rate schedule established by Resolution 7%90. NOW THEREFORE, BE IT RESOLVED BY THE CITY cOUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached schedule of patient Care Unit (PCU) values for the procedures and services provided by the City ambulance service a~ hereby approved effective May I, 1990. passed, approved and adopted this 15th day of Apeil, 1991. Mary A, Davis City Clerk ATFACHMENT A Jan~s E, Brady Mayor PATIENT CARE UNIT (PCU) VALUES FOR pROCEDURES AND/OR SERVICES PROVIDED IN THE CITY AMBULANCE SERVICE Description of Medlcul Pro- PCU cedure and/or Service Value Administer Oxygen per 6 Minute Unit ................ 0.10 Administer Oxygen by Denumd Valve (per 6 minutes) ......... 0.20 Administer Oxygen by Mask (per 6 minutes) .............. 0.10 Administer Oxygen by Nasal Cannula (per 6 minutes) ........ 0.10 Administer Oxygen by Non- Rcbrcathing Mask (per 6 minutes) ................... 0.10 Administer Oxygen per Bag Valve Mask ................ 0.20 Airway Management - No adjuncts ................... 0.10 Aminophylline Drip ............ 0.20 Arm Splint .................. 0.10 Atropine per Bolus ............ 0.10 Backboard .................. Baseline Blood ............... 0.10 Blood Pressure Monitor ......... 0.20 Bretyliam per Bolus ............ 0.10 lure Care ................... 0.20 Bum Sheet .................. 0.40 CPR, by Fire Fighter at Scone (per 6 minute unit) ........... 0.10 CPIL during Transport (per6 minutes) .............. 0.10 Calcium Chloride .............. 0.10 Cervical Collar Application ....... 0.20 D.C. Shock/.1 per defib ......... 0.10 Decontamination/Clean-op ....... 0.40 Dextrose 5% - 16 gauge ......... 0.20 Dextrose 5% - 18 gauge ......... 0.20 Dextrose 5% - 20 gauge ......... 0.20 Dextrose 5% - 24 gauge ......... 0.20 Dextrose per Bolus ............ 0.10 Dextrose 5% - 22 or 14 gauge, or butterfly ................. 0.20 Dopamine Drip ............... 0.20 E.C.G. - Monitor ............. 0.20 E.C.G. - Quick Look .......... 0.20 E.C.G. - Transmit ............ 0.10 Endotracheal Tube ............ 0.20 Epinephrine, 1: 1,000 Sub. Q .... 0.20 Epinephrine. 1: 10,000 per Bolus . 0.10 Esophageal Obturator ........... 0.20 Examine Patient - Limited ....... 0.20 Examine Patient - Protracted ...... 0.40 Extrication (per 6 minutes) ....... 0.10 Extrication Collar ............. 0.20 Finid Therapy (Challenge) ....... 0.20 Glucagon, IM or SQ Injection ..... 0.20 Ice Pack (per pack) ............ 0.10 InWaosscous Infusion ........... 0.30 Intubation at. rapt unsuccessful .... 0.00 Ipecac ..................... 0.20 Isuprul ..................... 0.20 KED Extrication .............. 0.20 Kllng ...................... 0.10 Lactated Ringers, 14 gauge ....... 0.20 Lactated Ringers, 16 gauge ....... 0.20 Lactated Ringers, 18 gauge ....... 0.20 Lactated Ringers, 20 gauge ....... 0.20 Lasix per Bolus ............... 0.10 Leg Splint ................... 0.20 Liducaine, 2% Drip ............ 0.20 Lidocaine, 20% B~lus .......... 0.10 M.A.S.T. ................... 0.30 Manual Traction .............. 0.10 Morphine per Bolus ............ 0.10 Narcan Bolus ................ 0.10 Nasal Airway, any size .......... 0.10 Nasogastrie Intubafion .......... 0.50 Needle Thoracotomy ........... 0.40 Nitmstat SL ................. 0.10 Nitrous Oxide (per AdminisWation .............. 0.50 OB KIT .................... 0.30 OB/GYN ................... 0.10 Obstetrical Delivery ............ 0.50 Oral Aigway, any size .......... 0.10 Oral Glucose ................. 0.10 147 Regular Session, April 15, 1991 Other Medical Procedures/ .1 per Procedure ............. 0.10 Pillow Splint ................. 0.10 Saline Inigant ................ 0.10 Secop Stmtcber (O~c Stretcher) ....... 0.20 Sodium Bicarbonate per Bolus ... 0.10 Splint Reduction ............. 0.20 Stair Chair ................. 0.20 Sectioning with Tonsil Tip ...... 0.20 Suctioulng with Catheter ....... 0.20 Surgical Pads ............... 0.10 Tberapcutic Restraints ......... 0.50 Traction Splint .............. 0.20 Transtracheal Jet Insufllation ..... 0.40 Triangular Bandage ........... 0.10 Type and Cross .............. 0. I0 Valium Bolus ................ 0.10 Vaseline Gauze ............... 0.20 Wailing Time - 18 Minutes ....... 0.30 Waiting Time - 24 Minutes ....... 0.40 Wailin8 Time - 30 Minutes ....... 0.50 Waiting Time - 36 Minutes ....... 0.60 Waiting Time - 42 Minutes ....... 0.70 Waiting Time - 48 Minutes ....... 0.80 Waiting Time - 54 Minutes ....... 0.90 Waiting Time - 60 Minutes ....... 1.00 Wound Cate ................. 0.10 Waiting time is defined to mcan delays in Ucatmcnt and/or services provided in excess of ten minutes and not caused by thc Council Member Voetburg moved adop- tion of thc Resolution. Secoeded by Council Memh~ Kring. Calried by the following vote: Yeas--Mayor Brady, Council Members Dulch, Kluesner, Kling, Nicholson, Pratt, Voctbexg. Nays~None. Communication of City Manager request- lng authorization to submit grant application to the U.S. De~nt of Conunorce's Eco~ nomic Dcvulopn~nt Administration, pre- sented and lead. Council Me~ Klueseer moved that the communication be ~cceived and filed. Seoanded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady. Council Membexs Dcich, Klnesner, Kling, Nicholson, Pratt, Voctburg. Nays---None. RESOLUTION NO. 122-91 A RESOLUTION ENDORSING THE SUBMISSION OF A FINAL APPLICATION TO THE U.S. DEPARTMENT OF COMk~RCE, ECONOMIC DEVELOPMENT ADMINISTRATION, IN SUPPORT OF THE DEVELOPMENT OF ~ PROPOSED DUBUQUE CORPO- RATE CENTER Wbe~.as, on thc 4th day of March, 1991, the City of Dubuque authorized the submis- sion of a pre-application to the U.S. Depart- ment of Commerce through the Economic Development Administration 0gDA) to assist in the development of the Dubuque Corpor- ate Center, and Whereas, the Economic Development Administration (EDA) approved said pre- application and formally invited the City of Dubuque and Dubuqne In-Future, Inc., to submit a linal joint application on behalf of the project; and Whereas, said application requires the identificalion of the somr~ of local and state funds for the project, and thc execution of a variety of c~rtificafioas and assurances including but not limited to non-relocation agreement, drug frce workplace standalds, civil righgs compliances and anti-lobbying NOW TftEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seollon 1. That the City of Dubuque be~eby endorses the submission of a joint grant application to the U.S. Departmcnt of Commerce/Economic Development Admlnls- tration on behalf of tho Dubuque Corporate Center. Sedlon 2. That thc City of Dubuque authorizes the use of available local and state funds to provide the required local share for EDA participation. Section 3. That tho Mayor be and he is hereby authorized and dlmcted to execute the required certifications and assurances, to sign and submit a final grant application to the U.S. Department of Commerce, Economic Development Administration, on behalf of thc proposed Dubuque Corporate Center public improvement plOject, and to accept or affirm any grant award resulting therefiom. Passed, approved and adopted this 15th day of April, 1991. lanms E. Brady Mayor Attest: Ma~y A. Davis City Clerk Council Member Kinesner moved adop- tion of the Resolution. Seconded by Council Meanber Voetberg. Canied by tho following vote: Yeas---Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nicholson, Pratt, Veetberg. Nays---None. Regular Session, April 15, 1991 148 Communication of City Manager submit- ting documents providing for parking meter changes on First Street, Fourth Sueet, Iowa Street, and the new First to Second Street Connector, all associated with reconstructed portions of the Highway 61 project, p~- sented and reed. Council Member Veetberg moved that the commmticatian be ~ecnived and Bled. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kineseer, Kriag, Nicholson, Pra~ Voetbe~g. Nays~None. An Onlinance Amending thc Cede of Ordinances by daietlng cerudn areas in Parking Meter Disuicts B & C in Section 32-336 thereof and adding Cemin A~eas in Parking Moons Districts B dc C in Seefion 32-336 in lieu thereof providing for tho placement of certain parking Meter Spaces, presented and mad. (OFFICIAL PUBLICATION) ORDINANCE NO. 30-91 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY DELETING CERTAIN AREAS IN PARKING METER DISTRICTS B AND C 1N SECTION 32-336 TIiEREOF AND ADDING CERTAIN AREAS IN PARKING METER DISTRICTS B AND C IN SECTION 32-336 IN LIEU THEREOF PROVIDING FOR THE PLACE- MENT OF CERTAIN pARKING METER SPACES NOW THEREFORE, BE IT ORDAINED BY THE cITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cede of Ordinances of the City of Dubuque, Iowa, be amended by deleting certain areas in pa~king Meter DisUlcts B and C in Section 32-336 thereof as follows: "Sec. 32-336. Districts. parking Meter District B Fourth S~eet, south side, between White and Locust Streets Iowa Street, west side, between Sixth and Tenth Streets parking Meter District C Iowa Street, west side, fram Fourth St~wet to Sixth Street." Section 2. That the Cede of Ordinances of the City of Dubuque, Iowa, be amcndcd by adding eeradn areas in parking Meter Districts A, C and E in Section 32-336 thereof as follows: "Sec. 32-336. Districts. parking Meter Disuict B Fourth SU~et, beth sides, between Central Avenue and Iowa Sneer Fourth S~t, south side, between Iowa parking Meter DisMct C First Slxeet, both sides, between Main Street and First to Second Street Connector First to Second Street Connector east of Main Street, east side, between First Suceet and Second Street Iowa St~et, west side, between Foumth Street and Fifth Street." Passed, approved and adopted this 15th day of April, 1991. lan~s E. Brady Mayor Attest: Ma~y A. Davis City Clerk Publlshad officially in the Telegraph Herald newspaper this 19th day of April, 1991. Mary A. Davis City Clerk It 4/19 Coundl Member Voetburg moved that this bo conaldmed the first reading of the OrdinanCe and that the requirement that tho proposed OrdinanCe bo considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yea~--Councli Members 149 Regular Session, April 15, 1991 Dalch, Kluesner, Kring, Nicholson, Pratt, Vo~tb~rg, Nays-None. Abstain--Mayor Brady. An Ordinance Amending tho Code of Ordinances by deleting parts of West First Street and West Fourth Street from Sub- section (d) of Section 32-262 thereof providing for the Prohibiting of Parldng, presented and reed. (OFFICIAL PUBLICATION) ORDINANCE NO. 31-91 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY DELETING PARTS OF WEST FIRST STREET AND WEST FOURTH STREET FROM SUBSECTION (d) OF SECTION 32-262 THEREOF PROVIDING FOR THE PRO- HIBITING OF PARKING NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Code of Ordinances of die City of Dubuque, Iowa be amended by deleting West First Sleet and West Fourth Street from Subsection (d) of Section 32-262 thereof as follows: "Sec. 32-262. Prohibited on designated streets or portions thereof. (d) No-parking-at-any-time zones designated. First Street, West, both sides from Iowa Street to Main Street; north side, from Locust Street to Bluff Street Fourth SR~et, West, north side, from Central Avenue to Iowa Stre~g south side, from Locust Street to Bluff Street." Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding West First Street to Subsection (d) of Section 32-262 the~of as follows: "Sec. 32-262. Prohibited on designated streets or portions thereof. (d) No-parking-at-any-time zones de~signatexl. First Street, West, north side, from Locust Street to Bluff Street," Passed, approved and adopted this 15th day of April, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald this 19th day of April, 1991. Mazy A. Davis City Clerk It 4/19 Council Member Voetharg moved that this be considered the first reading of the Or&nanee, and that tho requirement that a proposed Ordinance be considared and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by ti~ fol- lowing vote: Yeas--Council Members Dcich. Kluesner, Kfiag, Nicholsos, PraR, Vcefuerg. Nays--None. Abstain--Mayor Brady. Communication of City Manager submit- ting Resolution authorizing execution of a Community Development Block Grant Loan Agreement for the sum of $5,000 between the City and Butler Contracting, presented and ~ead. Council Member Pratt moved that the communication be received and f'tled. Sneonded by Council Member Vnetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deinh, Khiesuer, Krieg, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 123.91 RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT WITH BUTLER CONTRACTING (AVERY BUTLER) Whereas, undar provisions of Title I of the Housing and Community Developruent Act of 1974, as amended, the City of Dubuque has meeivod Community Develop- ment Block Grant Funds for the purpose of stimuIating economic development activities within the community; and Whereas. tho City of Dubuque. lows desires to assist Butler Contracting (Avery Buder) in establishing a residential, commercial, industrial construction company; Regular Session, April 15, 1991 150 to assist a minm'ity owned and operated business; and to provide needed employment skills to its low to moderate incorc~ cifizem-y; and Whareo~, a loan agreement is to be executed by Butler Contracting and tho same hereto attached and by this reference made a part he~of. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to endorse the acceptance of the City of Dubuque, Iowa upon the loan agree- ment hereto attached, awarding a five thousand dollar ($5,000) loan to Buffer Contracting according to the terms specified therein. Section 2. That the City Manager be and he is hereby authorized to disburse lean funds from the Community Devciopreent Block Grant entitlement fund in accordance with the terms and conditions of the loan agreement hereto attached, passed, approved and adopted this 15th day of Aptll, 1991. Jawes E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetbevg. Carried by the following vote: Yeas~Mayor Brady, Council Members Dcich, Klnesner, Kfieg, Ninholson, Pratt, Voctberg. Nays--None. Petition of Corporation Counsel Lindabi requesting clarification regarding salaries of the City Solicitor and the Assistant City Attorney for Fiscal Year 1991-1992, pre- sented and read. Council Member Kfiag moved that the petition be received and flied and directed that the City Solicitor's salary be 2/3 of the Corporate Counsel's salary and that the Assistant City Attorney's salary be 1/3 that of the Corporate Counsel's salary. Seconded by Council Member Pratl. Carded by the following vote: Yeas Mayor Brady, Council Members Delch, Klneanar, Kfieg, Nicholson. Pratt, Voethexg. Nays--None. RESOLUTION NO. 124-91 NOW, TtlEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TtIE CITY OF DUBUQUE, IOWA: That the foBowing having complied with the provisions of law relating to thc sale of Cigarettes within the City of Dubuqne, lows, be granted a pem~t to sell Cigarettes and Cigarette Papers within said City: George M. Stephenson, Bunker Hill Golf · Shop, 2200 Bunker Hill Road. passed, approved and adopted this 15th day of April 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Ddich moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Ktieg, Nieholson, Pratt, Voetberg. Nays---None. RESOLUTION NO. 125.91 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the sang have been exam- ined and approved; and Whereas, the premises to ha occupied by such applicants were inspected and found to comply with the Ordinances of this City and have l'fled proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TttE CITY OF DUBUQUE, IOWA; That the Manager he authorized to cause to be issued the following named applicants a Beer Permit, CLASS "B" BEER PERMIT Niles of the Square Table, Sunday Sales, 6th and Locust St. Donna M. Ginter, Special Event, Sunday Sales, 7th & Main. Passed, approved and adopted this 15th day of April, 1991. James E. Brady Mayor Attest: Ma~y A. Davis City Clerk 151 Regular Session, April 15, 1991 Council Member De'ich moved adoption of the Resolution. Seconded by CounCil Member Nicbolson. Carded by the following vote: Ycaa~Mayor Brady, Council Members Dalch, Kluesner, Krieg, Nichdison, Pratt, Voetherg. Nays--None. RESOLUTION NO. 126-91 Whereas, applications for Liquor Licenses have been submitted to this CounCil for approval and the same have been examined and approvnd; and Whereas, the premises to he occupied by such applicanta were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE. CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the Manager he authofiznd to cause to he issued the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Marco's Inc., Marco's Italian American Food, Sunday Sales, 2022 Central Jim Wcbb, Jim's Web, Sunday Sales, 2093 Washington Jeannine A. Kersch, Idle Hour, Sunday Sales, 1555 Central Ave. Suzanne McMahon, Rainbow Lounge, Sunday Sales, 36 West 4th St. Donna M. Ginter, West Dubuque Tap, Sunday Sales, 1700 Asbury Rd. Myra K. Woodman, Central Tap, Sunday Sales, 1046 Centmi Ave. Big River Boat Co. Inc., pelican Pier, Sunday Sales, 1635 E. 16th St. Two Twenty Five, Ltd., Two Twenty Five, Sunday Sales, 225 West Sixth St. Passnd, n~provad and adopted this 15th day of April, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deieh, Kluesner, Kfing, Nieholson, Pratt, Voethevg. Nays--None. MINUTES SUBMITTED--Airport Comm. of 3-14; Board Appeals of 3-14; Cable TV Regulatory Comm. of 4-10, Cable Community Teleprogramming Comm. of 4- 2; Northwest Arterial Corridor Subcommittee Long Range Planning Commission of 3-18; Long Range Planning Comm. of 3-20; Zoning Comm. of 4-3, presented and read. Council Member Voetherg moved that the minutes be receivnd and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Coun- cil Memhers Deich, Kluesner, Kfieg, Nicholson, Pratt, Voetbcrg. Nays~None. NOTICES OF CLAIMS/SUITS--Dan Bends in amount of $96.06 for fire damages; Arnie Fritsch in amount of $1551.65 for vehicle damages; Lawrence Hansen in amount of $235.37 for vehicle damages; Donald Klett et al in amouet of $9,000 for granting of avigafional easement; Michael Saatfllo in amount of $1610.70 for vehicle damages; $ohn Vondal in estimated amount of $2,948.42 vehicle damages; David E. Sehmitt in amount of $26.20 for vehicle damages; Iames P. Lammer in unknown amount for property damage; Carol Copeland;~2onur~erdial Properties in amount of $25.00 for property damage, p~eseatnd and mad. Council Member Voetherg moved that thc claims and suits he referred to the L~gal Staff for investigation and report. Seconded by Council Member Nicholson. Cmrind by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfing, Nicholson, Pratt, Voetherg. Nays-- Noue. Communications of Corporation Counsel advising of lefetral of personal injury claim of Helen Sargent and udiawfni arrest claim of Kathlcen Waller, .presented and read. Council Member Voetbcrg moved that the communications he l~c~lvnd and filed. Seconded by Council Memher Nicholson. Canind by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesncr, Krieg, Nicholson, Pratt, V~tberg. Nays-- Nolle. Communication of Corporation Counsel recommending settlement of Property danmgc claim of Kara Kovar in the amount of $105.00, presented and read. Council Member Voetheag moved that the communi- cation be received and Filed and settlement Regular Session, April 15, 1991 152 approved sctdcment and Finance Director to issue thc pro~r check. Se. camdnd by CounCri Member Nicholson. Carried by the following vote: yeas--Mayor Brady, Council Members Deich, Kluesner. Krieg, Ninholson, Pratt. Voetberg. Nays---None. Petition of John Nelson requesting extension of City water servic~ to his property at 1080 Roosevelt Road, presented and read. Council Member Voetherg moved that the petition he refen'ed to the City Manager. Seconded by Council Member Nicholson. Carrind by the following vote: Yeas--Mayor Brady, CounCil Members Dnich, Kluesner, Krieg, Nicholson, Pratt, Voethevg. Nays--None. Petition of Mark Waldenbacher, City employee, requesting approval to apply for a RehabiIitation Loan through the City's prngranx presented and read. Council Member Voetherg moved that the petition to apply he approved. Seconded by CounCil Member Nicholson. Carried by the following vote: Ycas~Mayor Brady, Council Members Deich, Kluesner, Kring, Nicholson, Pratt, Voetherg. Nays--None. Communication of City Manager recom- mending approval of Funding Agreement between the City of Dubuque and the Washington Neighborhood Tool Library for the Fiscal Year 1992 to provide for a tool lending service to the citizens of Dubuque, presented and read. Council Member Voetherg moved that the communication he received and filed. Seconded by Council Member Nicholson. Carried by the following vote: yeas--Mayor Brady, CounCri Members Deich, Fduesner, Krieg, Nicholson, Pratt, Voetbevg. Nays---None. RESOLUTION NO. 12%91 Whereas, the City of Dubuque, Iowa has negotiated with the Washington Nelghher- hood Tool Librmy, Inc., to provide pre- viously supplied se~ices for the expressed purpose of aiding the City of Dubuque to prevent the spread of slum and blight within the ciiy; and Whereas, thc terms and conditions under which the Washington Ndghborhood Tool Library, Inc. will he funded for providing the services are set forth in a Funding Agree- ment, a copy of witich Agreement is attached hereto and by this reference made a part thereof; and Whore~s, the activities as delineated in the Funding Agreement comply with the primary objectives of the Housing and Community Development Act of 1974, as arc~nded [570.200(3)], and comply with one or mc~e of the "National Objectives" [570.208(a)]. NOW TI IEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the attached Funding Agreement by and between the City of Dubuque, Iowa, and the Washington Neigh- borhood Tool Library, Inc., he and the same is hereby approved. Section 2. That the City Manager be and he is hereby authi~zed and directed to execute said Agreement for and on behalf of the City of Dubuque, Iowa. Passed, approved and ndopted this 15th day of April, 1991. Iames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetherg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Nicholson, Pratt, Voethevg. Nays--None. Commtmicafion of City Manager recom- mending approval of Funding Agreement between the City of Dubuque and Dubuque Main Street, Ltd. for Fiscal Year 1992 for provisions and implementation of a Down- town Revitalization Plan, presented and rend. Council Member Voethe~ moved that the communication be received and filed. Seconded by Council Member Nicholaon. Carried by the following vote: ycas~Mayor Brady, Council Mcmhers Daich, Kluesner, Kring, Nicholson, Pratt, Voetherg. Naya~ None. RESOLUTION NO. 128-91 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE MAIN STREET, LTD., AND AUTIIORIZ1NG AND DIRECT- ING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEItALg OF TtIE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has negotiated with Dubuque Main Sueet, Ltd., to provide and implement a Downtown Revitalization Program; and 153 Regular Session, April 15, 1991 Wbereas, the terms and conditions under winch Dubuque Main Street, Ltl., will be funded for providing such services are set forth in a Fundiug Agreement, a copy of winch is hereto attached and by lids reference made a part thereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ~HE CITY OF DUBUQUE, IOWA: Se~lon 1. That the attached Funding Agreement by and between the City of Dubuque, Iowa, and Dubuque Main SIreet' Ltl., be and the same is hereby approvnd. Section 2. That the City Manager be and the san~ is hereby authorized and directed to execute said Agreement for and on behalf of thc City of Dubequc, Iowa. Passed, approved and adopted this 15th day of April, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetherg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brndy, Council Members Deieh, Kinesner, Krieg, Nichoison, Ih-an, Voetberg. Nays--None. Communication of Zoning Commission advising of their approval of final plat of the subdivision of Eugene Tigges Place located in the City's two mile jurisdiction in Dubuque County, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholsen. Ca,tied by the following vote: Yeas~Mayor Brndy, Council Membem Deieh, Kluesner, Krieg, Nicholson, Pratt, Voetbe~g. Nays--None. RESOLUTION NO. 129.91 A RESOLUTION APPROVING THE FINAL PLAT OF EUGENE TIGGES PLACE IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a final plat of Eugene Tigges Place in the Dubuque County; and Whereas, said final plat has been n~viewed by the Dubuque Zoning Commls- sion; and Where~s, the Zoning Commission finds that it conf~ to ail applicable statutes and ordinances relating to it except that: a) The plat will create a lot, Lot I of Eugene Tigges Place winch will have no frontage on any poblie sight-of-way or roadway e~sement which is eont~edictory to Section 42-96 of the Dubuque Subdivision Ordinance; and b) The plat will create a lot, Lot 2 of Eugene Tigges Place which will have only 16.47 feet of ~ontage on public right-of-way which is contradictory to Section 42-96 of the Dubuque Subdivision Ordinance; and Where~s, said final plat has been approved by the Zoning Commission subject to the following conditions: a) Prior to any future subdivision or lhrther development of either Lots 1 or 2 of Eugene Tigges Place, a roadway easement be created, or public right-of-way shall be dedicated over the present driveway easement which is described in reference document 135-91 in the County Recorders Office. This public right-of-way or roadway easement shall, be extended so as to provide frontage for both Lots 1 and 2 of Tigges Place, and any lots subsequently created out of Lots 1 or 2 of Tigges Place and any lots subsequently created out of either Lots I or 2 of Tigges Place; and b) Prior to any future subdivision, or further development of either Lots 1 or 2 of Tigges Place, the above mentioned roadway e~sement shall be improved to the slveet standards of the governing body (either City or County); and c) No further Subdivision shall occur on this property unless all lots have ndequata frontage on the public right-of-way or county roadway easement to meet ail applicable regulations of the govenfing body (either City or County); and Whereas, said final plat has been re- viewed by the City Council and they find that the same conforms to all regulations and ~dinances relating to it except that: a) The plat will create a lot, Lot I of Eugene Tigges Place which will have no frontage on any public rigin-of-way or roadway easen~nt; and b) The plat will create a lot, Lot 2 of Eugene Tigges Place which will have only 16.47 feet of frontage on public sight-of- way; and Regular Session, April 15, 1991 154 Whe~a~, the City Council Concurs with the Zoning Coran~ssion on the conditions of approval. NOW, TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBIJQUE, IOWA: Section 1. 3lint the above described final plat be, and the same is, hereby approved, and the Mayor and City Cleflt be and are ber~by antl~rized and directed to endorse approval of the City of Dubuque, lows upon said final plat provided that the owner of said property shall execute a written acceptance hereto attached aoknowlndging and agreeing that: a) Prior to any future subdivision or further development of either Lots 1 or 2 of Eugene Tigges Place, a roadway easement shall be created, or public right-of-way shall be dedicated over the present driveway easement which is described in reference document 135-91 in the County Recorders Office. And tlfia public right-of-way or roadway easemunt shall be extended so as to provide frontage for both Lots 1 and 2 of Tigges Place, and any lots subsequently created out of Lots 1 or 2 of Tigges Place. b) Prior to any future subdivision, or further development of either Lots 1 or 2 of Tigges place, the above mentioned roadway easement shall be improved to the sheet standards of the governing body (either City or County). c) No further subdivision shall occur on this property unless all lots have adequate frontage on the public right-of-way or county roadway easement to meet all applicable regulations of the governing body (either City or County). Section 2. That in the event the'owm~r fails to execute this acceptance provided for in Section I heroin, within 45 days after the date of this resolution, the provision heroin shall be nail and void and the approval of the plat shall not be effective. Passed, approved and adopted this 15th day of April, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 129-91 We, the undersigned, Eugene (2. Tigges and Catherine E. Tigges, having read the terms /md conditions of the Resolution No. 129-91 and being familiar with the condi- tions thereof, hereby accept this same and agree to the conditions reqaired therein. Dated in Dubuque, Iowa tiffs 16th day of April, 1991. By:/s/Eugene C. Tigges By:/sATmtherine E. Tigges Council Member Voetberg moved adop- lion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Couucfl Members Deich, Klucsner, Ksiag, Nichoison, Pratt' Voetberg. Nays--None. Communication of Zoning Commission advising of their approval, with conditions, of final plat of the subdivision of Lot I of Westercamp Place in Dubuque County, pre- scnted and ~ead. Council Member Voetberg moved that the communication be received and fried. Seconded by Council Member Nichnlson. Cmried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfiag, Nicholson, Pratt, Voctberg. Nays--None. RESOLUTION NO. 130-91 A RESOLUTION APPROVING TIlE FINAL, SURVEY, PLAT OF LOT 1 OF WESTERCAMP PLACE IN DUBUQUE COUNTY, IOWA Wke~as, there has been filed with the City Clerk a final, survey, plat of Lot I of Westercamp Place in Dubuque County, Iowa; and Whereas, said final plat has been reviewed by the Dubuque Zoning Commission; and Wbe~e~s, the Zoning Commission finds that it conforms to all applicable statutes and ordinances relating to it excep~ that the plat will create a lot, Lot 2-1 of Westercan~ Place, which has no frontage on any right-of- way or roadway easement; and Whereas, said final plat has been approved by the Zoning Commission subject to the condition that Lot 2 of Westercamp Place and Lot 2-1 of Westenmnvp P10f. m shall forever be held in common ownership and used as though they were one lot and that Lot 2 and Lot 2 of I of Westercamp Plaou 155 Regular Session, April 15, 1991 shall not be ftmher developed without the provision of adequate public right-of-way or roadway easement; and Whereas, said final plat has heen reviewed by the City Council and they find that the same conforms to all applicable statutes and ordinances relating thereto except that the plat will create a lot, Lot 2-1 of Westeroamp Place, which has no frontage on any right-of-way or medway easement; and Whereas, said final plat has been approved by the City Council and thc City Council concurs with the Zoning Commission's conditions of approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF Tilt CITY OF DUBUQUE, IOWA: Section I. That thc above described final plat he, and the same is, hereby approved, and the Mayor and City Clerk he and are hereby authorized and directed to endorse approval of the City of Dubuque, Iowa upon said final plat provided that the owner of said property shall execute a written acceptance hereto attached acknowledging and agreeing that Lot 2 of Westercamp Place and Lot 2-1 of Westezeamp Place shall forever he held in common ownership and used as though they w~re one lot and that Lot 2 and Lot 2 of 1 of Westercamp Plac~ shall not he further developed without the provision of adequate public right-of-way or roadway e,-~emun t SecBon 2. That in the event the owner fails to execute this acceptance provided for in Section I herein, within 45 days after the date of this resolution, the provision herein shall he null and void and the approval of the plat shall not he effective. Passed, approved and adopted this 15th day of April, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 130-91 We, the undersigned, Ms. Jean Westercamp, having read tho terms and conditions of the Resolution No. 130-91 and being familiar with the conditions thereof, hereby accept this same and agn~e to the conditions required therein. Dated in Dubuque, Iowa this 15th day of May, 1991. By:/s/Jean Westereamp Council Member Voetherg moved adop- tion of the Resolution. Seconded by Council Member Nicholmn. Carried by the following vote: Yeas--Mayor Brady, Council Members DUlch, Kluesner, Kriag, Nicholson, Pratt, Voethevg. Nays--None. Communication of Zoning Commission advising of their approval of final plat of Booth's Third Addition, Bell Street at the Ice Haxbor, presented and read. Council Member Voetherg moved that the communication he received and filed. Seconded by Council Member Nicholson. Carde~t by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nicholson, Pratt, Voetherg. Nays--None. RESOLUTION NO. 131-91 A RESOLUTION Al>PROVING TilE FINAL PL~T OF BOOTH'S THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Booth's Third Addition in the City of Dubuque; and Whereas, said final plat has been ~viewed by the Dubuque Zoning Commis- sion and they find that it conforms to all applicable statutes and ordinances relating to it; and Whereas, said final plat has been ap- proved by the Zoning Commission; and Whereas, said final plat has been re- viewed by the City Council and they find that it conforms to all applicable statutes and ordinances relating thereto; and Whereas, said final plat has been approved by the City Council, NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TtIE CITY OF DUBUQUE, IOWA: St, eBon 1. That the above described final plat he, and the same is, beroby approved, and the Mayor and City Clerk he and are hereby authorized and directed to endorse approval of the City of Dubuque, Iowa upon said final plat Passed, approved and adopted this 15th day of April, 1991. Regular Session, April 15, 1991 156 James E. Brady Mayor Attest: Mmy A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carded by the following vote: yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nicholson, Pratt, Voethe~g. Nays--None. Communication of City Manager submit- ting the outline of the recommended five year Street Program, presented and read. Council Memher Voetherg moved that tho communication he received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady. Council Members Dutch, Kluesner, Krieg, Nicholson, Pratt, Voetborg. Nays~None. RESOLUTION NO. 132-91 RESOLUTION APPROVING A TENTATIVE FIVE YEAR STREET CONSTRUCTION PROGRAM Whereas, there has been prepared a tentative Street Constraction Program for Fiscal Yeats 1991-1995; and Where, as, said construction program must he fried with the Iowa Department of Transportation by May 1, 1991 for the purpose of allocating Road Use Tax Funds to municipalities; and Whereas, this Council has reviewed tho tentative Street Construction Program as submitted. NOW TIIEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the tentative five year Street Construction Program for Fiscal Years 1991-1995 he and the san~ is hereby ap- proved and the Mayor is hereby authorized and directed to sign this resolution. Section 2. That the City Manager is hereby authorized and directed to forward the required documents relating to the five year Street Conatracfion Program to the Iowa Department of Transportation. Passed, approved and adopted this 15th day of April, 1991. lam~s F~ Brady Mayor Attest: Mae/A. Davis City Clerk Council Member Voetberg moved adop- tion of tho R~olution. Seconded by Council Member Nicholson. Carried by the following vote: ye~s--Mayor Brady, Council Members Dulch, Kluesner, Kriag, Nichelson, Pratt, Vc~tborg. Nays~None. Communication of City Manager re- spondiag to the petition from Fr. David Kurt for a stop sign at the intersection of York Street and Curtis Street recommending denial of rexluest, presented and read. Council Member Vo~therg moved that the communi- cation he received and filed. Seconded by Council Member Nicholson. Carried by the following vote: yeas--Mayor Brady, Council Members Deich, Kluesner, Krlag, Nicholson, Pratt, Voetberg. Nays None. Communication of City Manager subrn~t- ting a Resolution authotizlng submission of a Request for Release of Funds for Certain Community Development Block Grant Proj- ecu and requesting authorizing Mayor to execute, pre~ented and read. Council Member Voetherg moved that the communi- cation be ~ceived and filed. Seconded by Council Member Nichoison. Canted by the following vote: yeas--Mayor Brady, Coun- cil Members Dcich, Klnesner, Kfieg, Nichol~on, Pratt, Voetherg. Nays~None. RESOLUTION NO. 133.91 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR RELEASE OF tRJNDS FOR CER- TAIN COMMUNITY DEVELOP- MENT BLOCK GRANT PRO]ECTS Whereas, the City of Dubuque convened an ad hoc committee on February 26, 1991. which completed an environmental assess- ment of the following projects to I~ funded in the Community Development Block Grant: Operation Paint Brush Maintenance of Abandoned/Vacant Buildings · Housing Project Incunilves Whereas, pursuant to Resolution No. 98- 91, adopted March 18, 1991 public notice of a "Finding of No Significant Effect on tho Environment" for the above projects was published March 20, 1991, in the Dubuque ~ and provided for a public 157 Regular Session, April 15, 1991 comment peried until 12:~0 noon, Friday, April S, 1991; and Whereas, tho City of Dubuque convened an ad hoc committee on March 11, 1991, which completed an environmental assess- ment on the aforementioned projects to be funded in the Community Development Block Grant; and Wbeveas, public notice of a "Finding of No Significant Effect on the Environruenf' for die projects was sent by mgniar mail to various federal, state and local public ugencie~ and to thc local news medial individuals and groop~ known to be inter- ested and believed to be approlniato to receive such a public notice; and Wbere. sz, uny and all objections, if any, to such proposals have been duly considered; and Whereas, it is the intent of the City Council to authorize thc submission of a request to the U.S. Department of Housing and Urban Development for the release of funds to carry out the above idenfilied projects. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the environmental review record for each of the projects shall continue to remain on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development seven (7) days after publication of appropriate notice a Request for Rciea~ of Funds to undertake the said projects. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under thc National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsi- bilities for review, decision making, and action assumed and canied out by die City of Dubuque as to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision making, and action. Section 5. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification peaxaialng to die environmental review procedures. · Section 6. That the City Clerk be and she is hereby authotized and directed to publish a public notice for a Request for Release of Funds and Certification attached hereto and made a pa~ hereof. Passed, approved and adopted this 15th day of April, 1991. Attast: Mary A. Davis City Clerk James E. Brady Mayor Council Member VectOrs moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcieh, Kluesner, Krieg, Nieholson, Pratt, Voetberg. Nays~None. Communication of City Manager request- ing Council approval of Mayor's execution of an amendment to the Annual Con~ibu- fions Contract with the U.S. Dept. of Housing and Urban Development (HUD), for Section 8 Program Housing Vouchers, pre- sented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nichol~on. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesuer, Krieg, Niehoison, Pratt, Voetberg. Nays--None. RESOLUTION NO. 134-91 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED ANNUAL CONTRIBUTIONS CONIRACT FOR SECTION 8 HOUSING VOUCIIERS, PROGRAM NO. IA05-V087-009 (REPLACING PROGRAM NO. IA05-V087-001) Whereas, contracts for certain programs under the consolidated Annual Contributions Contract f~ Housing Vouchers are sched- uled for expiration in 1991; and Whereas, the U.S. Department of Housing and Urban Development has extended these funding cormmtments through the offering of an amended consolidated contract; and Regular Session, April 15, 1991 158 Wbereaa, the Depaxtment requi~s execution of this contract for the City's admials~ration of these fund~. NOW THERFfl~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque be and he is hereby authorized und directed to execute an amended Annual Contributions Contract, with the U.S. Department of Housing and Urban Develop- ment, for Project No. IA05-V087-009, under Master Annual Contributions Contract No. KC-9004E, on behalf of the City of Dubuque. passed, epFroved and adopted this 15di day of April, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nicholson, Pratt,d Voetberg. Nays~None. Communication of Zoning Commission requosting Council respond to letter of Mr. Walter Preghir, presented and icad. Councilt~ Member Khiesner moved that the communi- cation be received and filed and directed Staff to draft and Mayor to execute a letter stating that the Council reserves the fight to make special provisions for each situation. Seconded by Council Member Nicholson. Carried by the following vote: Ye,~---Mayor Brady, Council Members Dcich, Khiesuer. Kfieg, Nicholson, Pratt, Voetberg. Nays~--None. Council Member Voetbe~g moved to go into Closed Session to discuss the purchase of particular real estate only where prematm'e disclosure could be reasonably expected to increase thc price the governmental body would have to pay for that properS, in accordance with Chapter 21.5(1)(j) of the 1989 Code of lowa~ as amended. Seconded by Council Member Kiuesncr. Carried by the following vote: Yeas--Mayor Brady, Coun- cil Members Deich, Kluesner, Krlug, Nicholson, Pratt, Voetberg. Nays--None. Mayor Brady advised that Staff had been given proper direction. There being no further business, Council Member Pratt moved to adjourn the meeting. Seconded by Council Member Kluesner. Can~ed by the following votu: ye. as--Mayor Brady, Council Members Dcich, Kluesner, Kfieg, Nichoison, Pratt, Voetberg, Nays--- None. Meeting adjourned at 11:06 p.rm Mary A. Davis City Clerk Amo ed___ Mayor [ ~,/~ Council Members Attest: Clerk 159 Special Session, DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, April 24, 1991. Council met at approx. 11:35 a.m.. in City Hall Office located on 2nd Floor, by electronic means. Present: (On Speaker Phone) Mayor Brady, Council Member Kluesner. (In Person) Council Members Dcich, Nichcison, Corporation Counsel Barry A. lJndahl. Absent: Council Members Kfiog, Pratt, Voetbe~g. Mayor Brady read the call and stated this is a Special Session of the City Council called for the purpose to consider a resolution granting issuance of a Ciass "B" Beer Permit to S & D Concessions, Inc. RESOLUTION NO. 135-91 Wbere~s, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been exam- ined and approved; and Whereas, the premises to be occupied b such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW THEREFORE BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT S & D Concessions, Inc., (Also Sunday Sales), 1 Admiral Sheehey Dr. Passed, approved and adopted this 24th day of April, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk April 24, 1991 Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas~Mayor Brady, Council Members Dcich, Kluesner, Nicholson. Voetberg. Nays--None. Absent~ouncil Members Krieg, Pratt, Voetberg. There being no further business, Council Member Nicholson moved to adjourn. Seconded by Council Member Dcich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Nicholson. Voetberg. Nays--None. Absent.~Council Members Kfieg, Pratt, Voetbevg. Meeting adjourned at 11:45 a.m. Approved Moxy A. Davis City Clerk Mayor Attest: Council Members Regular Session, May 6, !991 160 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, May 6, 1991. Council met at 7:30 o'clock p.m., Public Library Auditoflun~ Present: Mayor Brady, Council Members Deich, Klunmur, Kfieg, Nicholson, Pratt, Vuntbevg, City Manager W. Kenneth Gearhart, Corporation Counsel Ban7 A. Liadahl. Mayor Brady read the call and stated this is the Regular Monthly Meeting of tho Oty Council called for the purpose to sst upon such business which may properly come bofore the Council. Invocation was given by Rev. Victor Wickurh Assodate Pastor of Hope Evangelical Free Church. PROCLAMATIONS--Month of May as "Mental Health Month" ~:ulved by Pat Flynn; May 5-11 as "Be Kind to Animals Week" received by Kuren Kutsch; May 6 as "Nurses Care fc~ America" receivad by Rosie Can, May 12-18 as "National Hospital Week" received by David Schaller flora Finley HospiM and Jean Dunnc from Mercy Medical Cnnter, May 12-18 as "Homes for the Aging Week" ~ved by Ge,~ge Freund from Stunehiil Care Center, Wm. Jamison from Bethany Home and Joan Hen'ig from Luther Manor;, May 12-18 ss "Preservation Week" ~eceived by Barony Bishop; May 15- 19 as 'DubuqueFest/Vury Special Arts Week of 1991" received by Ruth Nash and Liada Farrcil; May 17 as "Sertoma Candy Day" received by Hah7 Althaus; May 18 as "Senior Power Day" received by Jackle Richardson. Kris Karakchieva and Helen Elkina, ~prescntatives of our Sister City, Pyafigorsk, USSR, expressed greetings to the City Council and City, Mayor Brady swc~e in Council Member Dirk Voetberg as Mayor Pro-Tern. Presentation of "Cealificates of App.- ciafion" to City Employees Bill Laban, Lyle Grant, Vichi Leonard, Bob Gcdnnlski, Kerci Lynn, and Jill Slade. Council Member Kluesner moved that the ~les be suspended to allow anyone present to address the C. ouncil. Seconded by Council Member Nicholson. Carried by the following vote: Yeas~Mayor Bxady, Council Members Deich, Klncsunr, Kfieg, Nichoison, Pratt, Voetberg. Nays~Nonc. Proof of Publication certified to by tho Publisher on Notice of Public Heating to consider tho UMTA Sectiun 9 and Iowa DOT P~gram of Projects consisting of operating essistance from UMTA and Iowa DOT for Keylino maint~unnc~ items, scnted und rc.~d. Ther~ wc~ no wfill~n objcotluns r~iv~d and no oral objectors presunt at the tim~ of thc heating. Council Member Klunsnur moved that the proof of publication be received and filed. Seconded by Council Meurber Vunt~rg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kiuesunr, Krleg, Nichoison, Pratt, Vcetbur8. Nays-~Nonn. Proof of Publication c~ntified to by the Publlshur on Notice of Public Hearing to consider disposing of City's int~n~st in Lots 90, 91 and 92 in L~nun Addition in the city, presunted and ~ Tberc w~ no wsittun objections rwxived and no oral objectors present at thc tim~ of th~ heating. Council Mernbea' Kluesnur moved that the proof of publication be received and filed. Sexonded by Council Member Pratt. Can-led by the following vot~: Y~es~Mayor Brady, Council Members Dcich, Kluesncr, Faieg, Nichcison, Pratt, Voothurg. Nays~Non~. RESOLUTION NO. 136-91 Wbe~ras, pursuant to resolution and published notice of ~ and phee of hearing, published in the ~ a newspaper of gunural circulation, published in the city of Dubuque, Iowa, on the 26th day of April, 1991, the City Council of the City of Dubuque, Iowa, m~t on the 6th day of May, 1991, at 7:30 p.m. in the Public Librury Auditorium, llth and Locnst, Dubuque, Dubuque County, Iowa, to cmmider the prop~al for the sale of estate described as: Lots 90, 91 and 92 in Lenox Addition in the city of Duboqun, Iowa, to Susan M. Balsamo and Daniel C. Nichols; and