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1991 November Council Proceedings431 Regular Session, November 4, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular So, ion, November 4, 1991. Council met at 7:30 o'uieck p.m., Pubac Lilxm7 Auditor[am. Present: Mayor Brady, Coundl Membu~ Deich, Kluesner, Kdeg, Pratt, Voetburg, City Manager W. Kenneth Gearhart. Corporation Counsel Ban~ A. LindahL Absent: Council Member Nioholsco. Mayor Brady read the call end stated this session is the Regular Monthly Meeting of the City Counuil called for tho purpose to a~t upon sneh business which may properly come bufore tho Coundl. lnvocalton was given by Rev. Kenneth Bickel, Pastor of the First Congregational United Chareh of CMist. PROCLAMATIONS--Novembes 10-17 as "Youth Appreciation Week" recaived by Jane Ritehie of tho Dubuque Morning Optimists; Norm Kiroh of tho Nunn Optimists and Jim Abltz of the Evening Optimists; month of November a~ "Alzhulmes Disease Public Awemm.se Month" ro~ivad by Tony Menuing, Council Member Vcotherg moved that tho rules be suspended to allow en)x)ne present to address the Council. Seconded by Coanull Member Pratt Cazsied by the following vote: Yeas---Mayor Brady, Coundl Members Duloh, Klnesnes, Ksing, Nicholson, Pratt, Voetborg. Nays.--None. Proof of Publication certified to by the Publisher on Notice of Public Heating to dispose of property to D~.L. Building Corp., presented and read. There were no written objections received and no eral objento~ prescat at the hearing. Council Member Voetburg moved that the proof of publication be received and filed. Seconded by Council Membur Pratt Canted by the following vote: Yeas--Mayor Brady, CouneB Members Deich, Kluesner, Krieg, Pratt. Vcatberg. Nays:--None. Absent-- Coundl Member Nicholson. RF~OLUTION NO. 347-91 Whereas, pursuant to Resolution end published notice of time and place of heating, published in thc ~ a newspaper of gcaerui circulation published in the City of Dubuque, Iowa, on 2$th day of Octobur, 1991, the City Council of die City of Dubuque, lows, met on tho 4th day of November, 1991, at 7:30 p.m. in tho Public Library Auditorium, 1 ] th and Looust, Dubuque, Dubuque County, iowa, to ecu- sider tho proposal for tho sale of real estate described as: Lot B in Summit Addition in the City of Dubuque. Iowa, to D.A.L. Building Corporation; and Wbemas, the City Council of the City of Dubuque, Iowa, overruled any and all objec- tiona, ~ui or wrliton, to the l~ope~ul to dispose of interest of the City of Dubuque, Iowa, except for cascment~ as noted, in the hereinabove descdbud real estate to D.A.L. Building Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the diapoaul of the interest of the C/ty of Dubuque, Dubuque County, Iowa, in real property described as Lot B in Summit Addition in tho City of Dubuque, Iowa, to D.A.L. Building Corporation he end tho same is hereby approved for the sum of $4,170.00 plas cost of publication, platting and filing fees; conveyance shall be by Quit Claim Deed. Section 2. That tho Mayor he authorized and directed to execute a Quit Claim Deed, and ~e City Clerk be and is hereby autho- rized and directed to deliver said deed of conveyance to the above named amntees upon receipt of the purchase price in full. Section 3. Tho City of Dubuque reserves unto itsulf a perpetual ea~mant ineluding the sight of ing~ss and egress thereto, for the propose of erecting, installing, constn~ctlag, reconst~ucling, repairing, owning, operating, and maintaining water, sower, drainage, gas, telephone, tv. ~able, and elecMc lines as may be authorized by the City of Dubuque, Iowa, as shown on said plat. Sminn 4. That die City Clerk be and is hereby authorized and directed to rec~d a certified copy of this Resolution in the Office of tho City Assessor, Dubuque County Recorder and the Dubuque County Regular Session, November 4, 1991 432 P~ed, ~v~oved and adopted tiffs 4th day of November, 1~)1. Jar~s ~ B~y May~ A~t: M~ ~ ~s Co~ M~ V~t~ ~ ~ ~on of ~e R~u6on. ~ ~ M~ ~ C~ by ~e fo~o~8 v~: y~sy~ B~y, C~ Mem~ ~ch, ~, ~g, ~ V~. Nay~No~. A~cat~un~ Ni~mn. ~f of Pu~on ~fi~ ~ by ~e Pu~sh~ ~ N~ of Pubic H~ni ~ ~t a ~ ~w= ~nt f~ ~ of ~y's Restart on ]o~ F. Ke~y R~, ~u~ ~d ~. T~m w~m ~ ~mn obj~6ms ~v~ ~ no h~n~. ~un~ Morner ~s~ ~t ~o ~f of pu~on ~ ~v~ ~d ~. ~ by Coun~ ~m~ Y~May~ B~y, ~on~ Mom~n Nay~No~. A~unt~oun~ MoOr ~OL~ION NO. ~-91 W~, p~t m R~olu~on ~d pu~ish~ no~ of ~ ~ ~a~ of h~n$, pu~sh~ in ~c T~cgmph Ho~d, a newsier of 8on~ ~a~on pu~is~ in ~o Ci~ of Dub~ua, I~ on ~ ~o ~ of ~b~u~ i~ ~t ~ ~ 4~ day of Novom~, 1~1, at ~:30 ~ tn ~o Pu~c Li~ A~t~u~ 11~ ~ L~t Du~q~, Dubuq~ C~n~, low~ ~ ~- sld~ ~c ~ f~ a g~t of a f~ ~c ~ s~ ~w~ ~e~nt ~ss ~ es~ ~s~ ~: ~t 2 of 2 of 2 of WesWiew S~ng Cen~ P~ in ~e OW of Dubuque, lo~ ~d W~, ~e OW C~n~ of ~e OF of Dubuq~, I~a ov~ ~y ~d ~ ob~- ~s~se of i~st of ~e City of Dub~ue, Io~ in ~e ~mi~ve d~ ~ es~ ~ R~m~t ~s, Inc. NOW, T~O~, BE ff ~OL~D BY T~ C~ CO~C~ OF ~ CI~ OF D~UQ~, IOWA: Se~lon 1. That the disposal of the interest of tho City of Dubuque, Dubuqne County, Iowa, in ~ p~Pe~Y described ~ a 20 foot wida peqlotuul seulte~ scwes ensen'~nt on Lot 2 of 2 of 2 of Westvinw Shopping Center Place in the Ci~ of Dubuque. Iowa. to Restaurant Associates. inc. es shown on the plat ~opa~d by IIW Engineers & Sasveyem, P.C. be and the esm~ is bemby aplxoved. Seetinn 2. That the Mayor be anthesized and directed to execate a Chant of Hasemenk and the City Clerk be and is hereby antho- sizud and directed to dalives said grant to the above named grantees. Se~inn 3. That die City Clerk be and is beteby authorized and directed to record a codified copy of this Resolution in the · Office of the City Assessor, Dubuque County Renmder and the Dubuque County Auditor. Passed, approved and adopted this 4th day of November, 1991. Ian-~s F~ Besdy Mayor Attest: Ma~7 A, Davis City Clerk Council Member Klanm0r moved adop- of thn Resuiutico, Senondud by Council Member Vcathe~g. Canted by the following vote: yca~.--Mayor Brudy, Council Members Dulch, Kluesenr, Krlng, Prat~ Vcathesg, Nays---None, Ab~eut--Council Member Nicholsoa, P~oof of Publicatico cartifiad to by tho Publisher on Notice of Public Hcadng to vacate an unused 10 foot wide utility easement in Birch Aems, presented end ~d. Council Member Vcatberg moved tha~ thn be reenived and filed. by Council ldembe~ V~thorg, Carried by die foilowing vote: yeas--Mayor Brady, Council Members Duieh, Klnesner, Fateg, Pra~ Voe~r~. Nays--None. Abscnt--Cconed Member Nicholson. RESOLUTION NO. ~49-91 W~, pursuant to Re~olatico end published notice of ~ and place of beating, published in the Telegraph Hcraid~ a newspaper of gene~d ~ircuiation published in die City of Dubuque, lowa, oo 2~th day of O~ober, 1991, the City Council of die City of Dubuque, Iowa met ca the 4di day of November, 1991, at ?:30 p.m. in the Public Library Audlior~um, llth and Lo,asr, Dubeqne, Dubeqne Cconty, lowa, to con- 4,33 Regular Session, November 4, 1991 sider the ~ for the vanmiun and Iv. lenue of real esta~ dosclibed as: A 10 funt wide mility uesement oo Lo~ 5 of Block 5 of Birch Acres in the City of Dubuque, ~ shown aa the filed June 19, 1989 recorded ~ iuemm~nt #~051-1989 in the Office of the R~m~der of Dubeque Coumy; Whemee, the City Council of the City of Dubuque, Iowa ovenuled any and all objac- tiara, oral or wri~un, to the ~ to dispeue of interes~ of the City of Dubuque, lows, in the he~inabove described astete ~o Ama Residential Cs~ Foandation. NOW, THEREFORE, BE IT RESOLVED BY TIH~ CITY couNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, lows, in ~ p~ described as a 10 foot wida udiity easement on Lot 5 of Block 5 of Birch Acres in the City of Dubuque. lows, to Ama Residanticl Care Facility be and the sam~ is hereby approved for the cost of puldica~on and filing fues, Section 2. That the Mayor be anth~ized and directed to execute a Release of Ease- meat, and the City Clerk be and is hereby authorized and directed to deliver said ~Relcese to the above named ~ranteas upon receipt of the above fees. Sm:ilon 3. That the City Cieth be and is hereby authorized and ~ected to record a ue~ifled copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed approved and adopted this 4th day of November, 1991. Iames E. Brady Mayor Attest: Ma~ A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Memb~ Ventberg. Carried by the following vote: Yeas---Mayor Brady, Council Mambos Deich, Klueane~, Kring, Pratt, Vocther~. Nays---Noue. Absent--Council Member Nicholson. P~of of Publication ce~fied to by the Publishe~ oo Notice of Public Hearing to thrun~h 23~/Central Ave. from C-4 to C-3 Dimict; communication of Tngel~r's Inc., 2307 Central Ave., requesting rech~ss~flention and submitting a petition cooteiuing 16 signalers supping Tngoler's request to re?one the property they occupy on Central Ava. from C-4 back to the C-3 classification, pmmnted and mad. Council Member Kluesner moved that the proof and com- munlention be received and filed. Seconded by Council Member Pmtc Canied by the following vote: Yens~Mayor Brady, Council Members Deich, Riuesner, Fatng, Pratt, Voetberg. Nays--None. Absent-- Council Membe~ Nieholson. Baffy Tngeler spoke giving zoning background to the proposed request An Ordinance amending Code of Ordi- nances by revising Zoning Ordinance to reclassify property located at 23(Y'/du*ongh 2327 Central Ave. from C-4 Downtown Commercial Distxict to C-3 General Commercial District, said Ordinance having been Pa.'sunred and read at the Council mueting of Octobea* 21. 1991, p~esunted for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 81-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY RE- VISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSI- FYING HEREINAP'fER DESCRIBED PROPERTY LOCATED AT 2307 THROUGH 2327 CENTRAL AVENUE FROM C-4 DOWNTOWN COMMERCIAL DISTRICT TO C-3 GENERAL COMMERCIAL DIS- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~IB CITY OF DUBUQUE, IOWA: Section 1. That the Cede of O~dinances of the City of Dubuque, lows, be amended by revising Appendix A the~unf, alan known as the Zoning Ordnance of the City of Dubuque, Iowa, to reclassify hat~iun~er described property from C-4 Downtown Coom~ercial District to C-3 General Commercial Disuict, to wit: Lot 1, Lot lA, Lot 2, LOt 3 and LOt 4 of Krayar's Addition; the Nc~di 1/2 of Lot 7, tho North 1/2 of Lot 6, the No~h 1/2 of Lot 5, tho West 50 feet of Regular Session, November 4, 1991 434 Lot 4, the We~t 50 feet of Lot 3, the East 100 feet of LOt 4, and the F~st I00 feet of Lo~ 3 of S~haffner's Subdivision; and LOt 2 of Lot 1, and Lot 1 of 1 of Vsietia Place, all in the City of Dubuque, lowa and untending to the center line of anY abutting public fiSht-of-way, rno~ commcoly knowu as 230~ tlitongh ~327 Cunual Avenue. Se~in~ 2. Tbut the forngoin8 thorne zodr~n~t has bemtofo~ been reviewed by the Zorn g Commission of the City of Dubuque, Iowa. passed, approved und adopted this 4th day of November, 1991. lam~s B. Brady Mayor Attest: Mery A. Davis City Clerk Published officlally in the Tel'staPh Herald this Sth day of November, 1991. Mary A. Davis City Clerk It 11/8 Council Member Kluesner moved final adoptiun of the Ordinance. Seconded by Council Member PralL Canied by the following vote: yces--Mayo~ Brady, Council Members Dcich, gluesuer, Kxing, P~tt, Ventber~. Nays--None. Absent~ Council Membe~ Nichoisun. P~of of Publication certified to by the publisher un Notice of Public Hearing to mclasslfy p~ located at the Northwest comer of Asbmy Road und the N~thwest A~dal from AG to C-3 District, and ~. Couucil Member Voetbe! that tho proof of publication be filed. Seconded by Council Member Pratt. Cnnied by the following vote: yeas---Mayor B~ly, Council Members Deich, Kluesner, Krles, Pratt, Veetber~. Nays--No~e. Absent---Cunncif Member Nichoison. Iohn Heals, 13368 Sun'y Lane, ~eques~ allowing slgnnge allowed in the C-3 Disuicc An Ordiunnce nmen&ng Zoning O~.- ~ moiassifvin,, pro~ l~ted at m° No~hwest co~ne~ of Asbm'y Renti and th Nmthwest A~tefial from AG Agriculioral to C-3 General Commercial Disttiot with l~esented and ~ at the Council Mae[lng October 21, 1991, presauted for final action. (OI~ICIAL PUBLICATION) ORDINANCE NO. g2-91 AN ORDINANCE OF THB cITY OF DUBUQUE, IOWA, PROVIDING THAT TI'~ CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REC?.~ASSIFYING HEREINAFfER DESCRIBED PROPERTY LOCATED AT THE NORTHWEST CORNER OF ASBURY ROAD AND THE NORTHWEST ARTERIAL, FROM AG AGRICULTURAL TO C-3 GENERAL COMIv~RCIAL DIS- TRICT WITH CONDITIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cedo of Ordinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the Zoning O~alnance of the City of Dubuque, lows, to reclassify hereinafter descllbed property from AG A~cultoral to C-3 General Comn~rclal DisUict, with conditions, to wit: Lot 2 of Lot I of Lot 1 of the East 1/2 of the S.E. 1/4, Section 17, T 89 N R 2-3 E. of the 5th PM and to tho center line of the adjoining public right-of° way, all in the City of Dubuque, Iowa. So,inn 2. That the foresoins nmemiment has heretofore been ~eviewed by the Zuning Commission of tho City of Dubuque, Iowa. passed, approved and adapted this 4th day of November, 1991. Jnn~s E. Brady Mayor Mary A. Davis City Clerk Published officially in the Telegraph Herald this 7th day of November, 1991. Maxy A. Davis City Clerk It 11/7 Coundl Member Vo©tber8 moved that the O~dinance be final adopted, as amended, with O~iinance specifying the 12.85 ac~cs and tabling the ~emaiedor of propezty. Seconded by Council Member PratL Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Kxing, ~ VoetherS. Nays*None. Abseot~ Council Member Nicholson. 435 Regular Sssslon, November 4, 1991 Council recessed at 8:25 p.m. Council reconveund at 8:36 p.m. located at 749 Wilson St. and set for public hasalng, pmecnted and read. Council Member Vuetherg moved that the communi- ca~on be received and filed. Seconded by Cmmcil Mombur ifaieg, Cmind by the following vo~: Y~Ma~r Bredy, Council Memhe~ Daich, Klueuner, l(aing, Pra~ Vunlburg. Nays--None. Absent-=. Council Member Ninholson. RESOLUTION NO. 3~0-91 A RESOLUTION OF INTENTION TO DISPOSE OF CITY-OWNED PROPERTY: LOT TWENTY-SEVEN (27), WILSON'S SUBDIVISION, IN THE CITY OF DUBUQUF,, DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; ALSO KNOWN AS 749 WILSON STREET, DUBUQUE, IOWA Whereas, the City of Dubuque has solicited and rec~ved offers to purchase for the above ~uferenued prope~y in the amount of $13,000.00 in accordance with un offer to buy ~ estate attached hereto; and Whereas, by accepting the sdected offer the City's objectives of provision of first- time bumuewuership to a qualifying family and rehabilitation of un abandoned home can NOW, THERF`FORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF TIiB CITY OF DUBUQUE, IOWA: Se~lon I. That the City of Dubuque, Iowa intends to dispoec of its interest in the following lagally-descrihed property: Lot Twenty-Seven (27), Wllseo's Subdivision, in the City of Dubuque, Dubuqm County, Iowa according to the recorded plat thereof. Se~lon 2. That the City of Dubuque, Iowa, peypueec to dispose of its interest in the hezein described ~ estate to Timothy R. and Ciutsty M. Davis, for the considera- lion of $13,000.00 and the terms of an offe~ to buy ~ ect~e attached hereto. ~e~lon 3. That this Council meet in the Camngin SUmt Public Library Auditorium, llth and Bluff Streets, Dubuque, Iowa, at 7:30 p.m. on the 4th of November, 1991, for the propose of taking action on the dlspoai- tion of the herein described real estate in thc City of Dubuque, lows. See. Ion 4. That the City Cled~ be stat she is hereby authorized and dh~oted to cause a notiue to be published as lxeecfibud under Chapter 364.7, Dislx~ai of Property -- Code of lowa 1987 or ss un~nded. Pas~d, approved and adopted this 4th day of November, I~Jq. James F~ Brady Mayor Attest: Mary A. Davis City Clerk Council Mcmher Vuetherg moved adop- tion of the Resolution and set it for public hearing for November 18, ]991, at 7:30 p.m. in the Poblic Librsty Auditorium and directed the City Clerk to publish notice in the manner preserlhed by law. Seconded by Council Member F,~ie{. Canind by the following vote: Yess~Mayor Brady, Council Memhers Dcich, IOuasuer, Krinli, Pratt. Vuntherg. Nays-~None. Absent-- Council Member Nicholson. Communication of City Manager ~-ore~ mending to vacate un exis~ng railroad easement in Riverfront Subdivi,~on ~ on Ke~er Blvd. to Sunofi Bio-lndustties, Inc., presented and read. Council Member Vuntherg moved that the communication be received and filed. Seconded by Council lvlumber Pratt. Ca~ied by the following vote: Yeas---Mayor Brady, Council Members Doich, Kluesuer, l~ing, Prim, Vuethe~. Nays--None. Absent---Council Membur Nicholson. RESOLUTION NO. 351-91 RESOLUTION OF INTBNT TO DISPOSE OF INTEREST AND VACATE AN UNUSED 30 FOOT WIDE RAILROAD SPUR EASE- IVlENT IN LOT I OF 2 AND LOT l OF, 2 ON 2 OF BLOCK 6 IN RIVERFRONT SUBDIVISION #3 IN THE CITY OF, DUBUQUE, IOWA Wheress, Sanofi Bio-Industries, Inc. is the cur~nt owner of a 30 foot wide rell~ad casement in Lot I of 2 and Lot I of 2 of 2 of Block 6 in Riverfsont Subdivision ~3 in the City of Dubuque, lowa; and Where,, Sunofi Bio-lndustrins, lee. has petitioned to vacate un unused 30 foot wide ~ easement in said lots. Regular Session, November 4, 1991 436 NOW, TIIEREI~RE, BE IT RESOLVED BY Ti~ CITY COUNCIL OF THE CITY OF DUBUQUB, IOWA: Section 1. That the City of Dubuqun, Iowa inteads to dispose of its in~st and vacate un unused railroad spur easement in Lot i of 2 und LOt 1 of 2 of 2 of Block 6 in Riverfront Subdivision #3 in the City of Dubuque. lows. Se~Bon % 'l~at the City Clexk be and is he, by authorized and directed to cause a notice to be pubBshed as pe~scfihed under Se~ion 364.? Code of Iowa, 1989 or as amended. Passed, approved and adopted this 4th day of November, 1991. James F,. Brady Mayor Attest: Mary A. Davis City Clerk Council biember Voetherg moved adop- tion of the Resolution and further set it for hearinli on November 18, 1991, at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner preecfibed by law. Seconded by Council Member PratL Carried by thc foBowing vote: Yeas---Mayor Brady, Council lviemhers Deich, Kluesuer, Kring, Pratt, Vuetherg. Nays--Noue. Absent--Council Member Nicholson. Petition of Ocorge Chevaiic~ requesting to address Council regarding markings for pedestsians at the "S' curve at 18th and Central, pm~onted and reed. GemSe Chevalier, 1004 Bluff St, Apt. 9, requested relief from the danger for pedesUiuns u'ying to ureas the strect at 18th and Central. Council Memb~ Voetherg moved that the petition be received and filed and referred to the City Manager for feasibility of markings and repett back to the City CoonciL Seconded by Council Member Pratt. Canled by the foBowing vote: Yeas--4viayor Brady, Council Members Deich, Klueancr, Krinli, Pratt, Voctherg. Nays--None. Absent-- Council Member Nicholson. Communication of Robert P. Ginter, President of Dubuque Racing Assn. Ltd., a~ueSting approval of the expenditure in un nt not to exceed $86,155 to inndscel~ the area hetwuen the parking lot and Greyhound Pad~ Drive, presented and read. Council Member Pratt moved that the communication be xueolved and filed and expenditur~ approved. Seconded by Council Member i~inli, Carried by the following vote: yem--Mayor Brady, Council Memhe~s Deich, Kluesuer, Kring, Pratt, Voetberg. Nays---Houe. Absunt---Councll Membur Nicholson. Vexbal ec~m~nts of City Manager submitting prngress report un discussions with Dubuque Casino Bclle/Rohe~s River Rides, p~suntcd. Council Member Kluesuer moved that thc communts he reseived and filed. Seconded by Council Memher Pratt. Cun'ied by the following vote: Yces--Mayor Brady, Council Memhers Dsich, Kluusuer, Kfing, Pratt, Vuetb~g. Nays--None. Absent---Council Member Nicholson. RESOLUTION NO. 352-91 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TI-IF. CITY OF DUBUQUE, IOWA: That the following having coroplled with the provisions of law relating to the sale of Ciga~ttes within the City of Dubuque, lowa, be granted a permit to sell Ciliarettes and Cigarette Papers within said City. T & T Welsh, Inu., Finale Lounge, 1701 Central Avenue Passed, approved and adopted this 4th day of November 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved tion the Resolution. Seconded by Council Memb~ Pratt. Canied by tho following vote: yeas~Mayor Brady, Council Members D¢ich, Riuesuer, Krlng, Pratt, Vuetbe~g. Nays--None. Absent---Conncil Ivicmher Nicholson. RESOLUTION NO. 3S3-91 Whereas, applications for Beer PernUts have been submitted and filed to this Council for approval and the same have beun examined and approved; and Whereas, the pr~nises to bo occupied by such applicants wese inspected and found to comply with the O~linancec of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE, CITY OF DUBUQUE, IOWA; 4~7 Regular Session, November 4, 1991 to be issued the following named apltieants a Buer Pemic CLASS "B" BEER PERMIT Loras College, 1450 Alta Vista Street CLASS "BE" BEER PERMIT ~ Dm~ Company, 701 Town Clock PI~ CLASS "C" BEER PERMIT Iowa Oil ConFany. IOCO Sl~..ede Shoppe, Sunday Sales, 3270 Dodge Suuet Hanig Drug Company, Sunday Sales, 2225 Central Avenue Hardg Drag Company, Sunday Solos, 2255 J. P. K. Hartig Drag Company, Sunday Sales. 157 Lounst Street Rainbo Oil Company, KWIK STOP FOOD MART. Sunday Sales, 97 University Passed. approved and adopted this 4th day of November 1991. May A. Davis City Clerk James E. Brady Mayor Coundl Member Klueruer moved ndop- tion of the Resolution. Seconded by Council Member Pratt. Canind by tho following vote: Yeas~Mayor Brady, Council Members Dnick, Kluesuer. Kriog, Pratt+ Vuntberg. N&ys~Noue, Al~ent---Councll Mem~r Nicholson. RESOLUTION NO. 354-91 Whereas, applications for Liquor Licenses have been submitted to tiffs Council for aplxoval and tho same have been examined and aPlrOVed; and Whore., ~ premises to be oueutind by unc~ applicants were inspected and found to comply with the Sta~ Law and all City Ord~nanues relevant thexeto and they have NOW, THEREFORE, BE IT RESOLVED BY ]'I-[E CITY COUNCIL OF rile CITY OF DUBUQUE, IOWA: That the Manager be nutholiznd to cause to be issued thc following named apltleants a Liquor Liunnse. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE David L. Lyons, River City Tap and Grill, Sunday Sales, 1406 I/un Street T & T Welsh, Inc., Finale Lounge, 1701 Central Sun's Carp., Yen ChinS Restaurant, 962 Main Street Chin Sam Wei, Long Yuan, Sunday Snies, 2600 Dodge Donna Rollng~ay Pfcller, Donun's Dip Tap, 1689 Elm Street Square Meals, Inc., Square Meals, Inc., 744 Town Clock Plaza Passed, approved and adopted this 4th day of November, 1991. James F,. Brady Mnyor Attest: May A. Davis City Clerk Council Member Kluemer moved adop- tion of the Resolution. Seconded by Council Member Pratt. Cended by the following Yeas--Mayor Brady, Council Mombera Deich, Kluesuer, Kfieg, Pratt, Voetberg. Nays--None. Absent---Council Member Nicholson, MINUTES SUBMITTED~Civil Sc~icc Commission of 10-4; Hv0 Flags Commission of 10-21: Handicapl~d Perkin~ Review Commission of 10-22; Historic Preservndon Commission of 10-14; Long Range Planning Commission of 10-16: Long Rnngn Planning Commission (Riverfront Development Subcommittee) of 10-8; Mechanical Board of 10-22; Zoning Bunrd of Adjustment of 9-26; Zunine Comrrdssiun of 10-9, lm.'sonted and read. Counci] Member Voctber~ moved that tho minutes be v'.ueived und filed. Seconded by Council Member Khesner. Carried by the following vole: Yun~---Mayor Brady, Council Members Detuh, IOuesuer, Krle~, Pratt~ Vunther~. Nays--None, Absent-- Council ~ember Nleholson. NOTICES OF CLAIMS~SUITS--SUds Loasching, in unknown amount, for penm~l injuries: Brundan T. Quann in amount of S68.25 for vehicle damages; James R. McTnggart in e~t. amount of $128.07 for Regular Session, November 4, 1991 438 vehicles dan~; Roxsane Batter in amount of $11,644 fc~ penonal injuries and vehida dances, l~,uemd and ~und. Coun~l Membe~ Voctberg moved that the claims and suits be r~fen~d to the Legal Staff for investigation and ~epo~ Ssaondad by Council Mambos IOuesner. Cmled by tho following vole: ye, as---Mayor Bnniy, Council Membe~ Dnich, Khesuer, Faint, Pratt, ¥octher8. 14ays---Noue. Absent-- Council Memb~ Nleholson. Communication of Coq~omtion Counsel recommending denial of car damages ~dm. of Minkscl R. Strong, presented and . Council Member Voctberg moved that tbe communication be mar. ired and filed and doalal approved. Council Member Voctberg moved that thn unmmunicallun be ~ecnived and filed and denial approved. Seconded by Council Member Klocsner. Caxrled by the following vote: Yeas---Mayor Brady, Council Members Dalch, Kluesuer, Kfieg, Prat~ Voother8. Nays--None. Absent-- Council Mambet Nleheluen. Communications of Cmpomion Coumni advising of ~efermi to Crawfo~i & Co., thn agent for the Iowa Communities Assurance Pod, of tho following claims: car damage claim of No~en Cunnia and personal injay claim of Beth A. Manning, p~ssated and ~ad. Council Momber Vcetberg moved that the conmmnlenduns be teueived and filed. Seconded by Council Member Kluesuer. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesuer, Kdng, Pratt, Voctberg. Nays--None. Absent--Council Membe~ Nleholson. Notice in the condenmalion of ue~min rights in land by the IDOT for primary road No. 20 in the City of Dubuque to City of Dubuque et al (propoSes on Dndga Street for Fuerste Eye Clinic; S. Kfish; R.V. Mallapndi; Sun & Esther Chi and Hartman), Inesonted and ~v. ad. Council Mam~ ¥octbers moved that thn nollue ~ceived and filed..Se.c~,,ded by Council Mnmber Kinesner. Corned by tbe following vote: Yeas---Mayor Brady, Council Members Deleh, Kluesne~, Kring, Pratt, Voetbe~. Nnys---Noue. Abeunt--Council Member Nicholson. petition of Rick Schmitt, unnndning 11 sigratu~s, ~quesfin$ a 2 hoer limit be Id~xd for vcnides parking on Stewm St. south of tbe DB & T Bank nntrance, prc- sented and ~l. Coundl Member Veetberg moved Ihat thc petition be roferred to tho City Manager and staff fc~ invos,~gadon sad ~po~ Seconded by Council Momber g. luesner, Cmind by the following vote: Yeas---May~ Brady, Coundl Members Dnich, Kluesner, Krleg, Pratt, Vuetbe~g. Nays--Noue. Abeunt---Coundl Momb~ Nicholson. Proof of publicalion on Notice of Finding of No Significant Bffect on the Envivunment for the Eaginueling Data Systems Coq~na- lion Project, l~sented and re~. Council viambet Vuntberg moved that tho proof of publleatiou be received and flied. Seunnded by Council Momber Kluesuer. Carried by the following voto: Yeas--Mayc~ Brady, Council biombera Dalch, Kluesner, Kfieg, Pratt, Voatberg. Nays---Noun. Absunt~ Council Membe~ Nichelson. Staff ~pc~ing on the ~write of tho C-I Neighborhood Commemial and C-2 Noigh- borhood Shop~nti C~nt~r DistricU and ~questing rep~ be discussed at muefing to be hold on Novnmber 18, 1991, presented and ~al. CounCil Membe~ Vcetberg moved that the matter be w:nived and iliad and ~fen~d to the rueetiug of November 18, 1991. Seconded by Council Member Yduesne~. Can~ed by the following vote: yeas--Mayor Brady, Council Members Doleh, Riuesuer, Faieg, Pm~ Vuntberg. Nays--Noue. Abeunt--Councll Member Nicholson. There being no furthe~ business, Council Member l~att movnd that tho meeting be ndjoumed. Soconded by Council Member Voetberg. Carried by tho following vote: Yeas---Mayor Brady, Council Mnmbers Deich, Kluesuer, K.,ieg, Prat~ Vuntberg. Nays--None. Al~ent---Council Member Nicholson. 439 Regular Session, November 4, 1991 Meeting adjourned at 9:32 p.m. Mary A. Davis City Clark Council Members Regular Session, November 18, 1991 44O DUBUQUE CITY couNCIL OFFICIAL PROCEEDINGS Regular Session, November 18, 1991. Council met at 7:30 O'clock p.m., Public Library Auditorium. Present: Mayor Brady, Council Members Dnich, Kluemer, Kfing, Nicholson, Pratt, Vuntbarg, City Manager W. Kenneth Gearha~ Corporation Counsel Ban'y A. Liadahl. Mayor Brady read the call and stated this is the Regular Monthly Meeting of the City Council called fee the purpose to act upon such business which may properly como befo~ the Council. Invocation was given by Rev. Chaflus Mills, Paster of First Pr~sbyteriun Church. Odd Scout Troop #85 of the Holy Ghost School made a I~usentation of multi.colored ribbons to Council Member. Council Member Kluusnar moved that tho niles be suspended to allow anyone p~sent to address the Council if they so desire. Seconded by Council Member PratL Canlad by the foBowing vote: Yeas. Mayor Brady, Council Members Dnich, Kluesner, Kring, Nicholson, Pratt, Vcother§. Nays--None. Proof of Publication certified to by the PubEshcr un Notice of Hearing on Plans and Specifications for the 1991 Sidewalk ConsU'uction Pro/rsm; Equestrian Heights Subdivision #1 and #2, Sunset Park Sub~ division//4 and Clarke Crest Estates Sub~ division; Proof of Publication certiBed to by the Pubilsh~ on Notice to Property Ownars of Public Hca~ng on project; Certificate of City Clerk stating notices we~ sent to known prope~y owners on October 31, 1991; Communication of Vince Hawks advising permit has been issued and work completed by him regarding his proposed asseesmont and that portioes of work have beun started for Mrs. George Paisley and Tom Paisley; Communication of Themes Paisley and Bernice M. Paisley stating they have obtained sidewalk permits for their po~don of assessment; Communication of G. P. Finzni requesting to address the Council rngardiag installation of sidewalks on And~ian Tmli; Communication of Clyde Batemun advising of his intent to install his own aidew~lk ~ buginning of ocns~ruction season in the slwing of 1992; Communica- lion of Wayne and Pat Huffort, 1489 Marjotie Circle, objecting to their sidewalk assessment; Petition of Dale L Nolan objecting to pisunmont of sidewalk along their side lot on Buckskin Circle; Communication of Thomus A. and Margaret Walter objecting to proposed Resolution of Necessity for the sidewalk unnslruction preirung Petition of owners in Sunset Park Subdivision #4 protesting the proposed Resolution of Neeussity for consh-ection of sidewalks in their area; Communication of John Hunley advising of his intent to build a home un Dunham Drive in Clarke C~st Estate in the spring of 1992 and will install sidewalks upon completion of construction, pmsentad and read. Council Member Ktuusnar moved that the proofs, certificate and communication be x~'..coived and filed. Seconded by Council Member Kales. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Daich, Kluesncr, Kring, Nicholson, Pratt, Vcotbarg, Nays--None, Attca'ney Don Braitbach, representing Tom and Margaret Welter, Dale Nolun, Jeay Finzel, Del Tucker, Brian Beecher, John Henley, Bill Meyers, all objected tO the proposed sidewalk projeeL RESOLUTION NO. 369-91 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLU- TION OF NECESSITY PROPOSED FOR THE 1991 SIDEWALK CONSTRUCTION PROGRAM; EQUESTRIAN HEIGHTS SUBDIVI- SION #1 AND F2, SUNSET PARK SUBDIVISION #4, AND CLARKE CREST ESTATES SUBDIVISION Whe~as, the City Council has proposed a Resolution of Necessity for thc 1991 Sidewalk Construction Program; Equestrian Heights Subdivision #1 and #2, Sunset Park Subdivision #4, and Clarke Crest Estates Subdivision, has given notice of the publio bearing thereon as required by law; and Whereas, the public hearing has been held, ail persons offering objections have been heard and consideration given to all objections and is pending hefoie this Council; and 441 Regular Session, November 18, 1991 Whereas, this is tho time and place ~t u provided for the taking of sctiou mt tim 1~ ~luilon of Necessity. NOW, ~RE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Tlmt tho I~ Reroluliou of Necessity desorihed above is hereby defenmt for later unmideratiou to a City Coundl n.,~ting to he held on the 1st day of June, 1992, next at '/:30 p.m. ia the Public Lllmw/Auditorium with jurisdiction retained for f~ conaldetatiou and antion at tho adjonn~d mceting. Passed, approved, and adopted Ms 18th day of November, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Faieg moved adopilon of the Resolution, deferring nmt~r to lune 1, 1992, Seconded by Council Member i~tt, Cnnled by the followin~ vine: Yces~Mayor Bnuly, Council Members Deich, Kluesner, Kring, Nicholson, Pratt, Voutburg, Nays---None, Council Member Pratt moved that it be resolved to remove thc Paisley properties from this plan, Seconded by Council Member Klieg. Carried by tho following vote: yexs.--Mayor Brady, Council Members Dutch, Klansoer, Fatog, Nicholson, Pratt, Voe~. Nays---Noue. Proof of Publication camilled to by the Publisher on Notice of Public Heating to consider vacating and disposing of City's intrust in an unused 30 foot wide lailroad sp~ easement in Rivorfront Subdivision//3 in'esonted and read. There were no written obje~ilous received and no o~ai objectors present at tho ilmo of the heating. Council Member Voutber~ moved that tho proof of publication be received and filed. Seconded by Council lviumb~ Nicholsou. Canied by the following vote: Yeas--Mayor Bray, Coundl Merdcen Daich, Kheanur, Faing, Nicholson, Pratt* Vuetherg, Nays---None~ Joe Reed, reprusanling Sanofi Bio Indus- tales, requusted ~VUl Of vaeation of RI~OLUTION NO. 3.~-91 Whereas, pursuant to Resolution and published notice of time and 1/ace of hearing, published in the ~ a newspaper of gen~ droulatiou published in the City of Dubuqan, Iowa on 8th day of November, 1991, the City Council of the City of Dubuque, Iowa met on the 18th day of November, 1991, at ?:30 p.m. in thu Pultic Lil~ry Aaditrsium, 11 th and Locust, Dubuque, Dubuque County, Iowa to cousidar the vacating and release of a ~0 foot wide ~ spur xl~ht-of-way easement located iuLot I of 2 and Lot 1 of 2 of 2 ofBlouk 6 of Riverfrout Subdivis/ou #3 in tho City of Dubuque, Iowa, all m shown on the attached Exhibit A; and Whereas, the City Counuli of the City of Dubuque, lowa, de. ms it in the best interest of tho public that said release and vacating NOW, THEREFORI~, BE IT RESOLVED BY THE CITY COUNCIL OF ~ CITY OF DUBUQUE, IOWA: Section L That the proposul to vacate and release a 30 foot wide railroad spur easement over and aerors Lot I of 2 and Lo~ 1 of 2 of 2 all of Block 6 of Riverfront Subdivision #3 in the City of Dubuque, iowa, as shown on Exhibit A, and the vacating of said easement be and the same is busby approved. Section 2. That the Mayor and City Clerk be and they are hereby empowered to execute any documents necessary to tho relcesing of said easement, including this Resolution, and tho Mayor and City Clerk a~ busby empowered to certify this Resolution. Section 3. That the City Cledt be and is hereby dhv~ted to file a con/fled copy of this Resolution in the offices of the City Assessor, Dubuque County Recorder, and the Dubuque County Audit~. Passed, approved and adopted this 18th day of November, 1991. James ~ Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voethe~ moved adop- tion of the Resoluilou. Seconded by Council Member Nicholson. Canted by the following vote: Yces~Meyor Brady, Council Members Dutch, Klansner, Krleg, Ninbulsoa, Pratt. Voutherg, Nays~None. Proof of Publication cerflfiad to by the Publishe~ on Notice of Public Hcering to consider d/spceing of property located at '/49 Wilson Suuet to Timothy P.. and Christy M. Regular Session, November 18, 1991 442 Davis and communicatiou of City recommending the sale of suld ~ ustete, presented and read. There w~ no vait~n objecticm received and no ~ai objectors im~ent at tho ilmo of the ~g. Council Mumbor Pratt moved that the proof and communicaliou be received and filed. Seconded by Coundl Member Krlng. Carried by the foBowing vote: Yeas--Mayor Brady, Council Mambos DUlch, lQneaner, I/ring, Nicholson, Prat~ Vcetbor~, Nays-.-Noue~ RESOLUTION NO. A RESOLUTION APPROVING THE DISPOSAL OF CITY-OWNED PROPERTY: LOT TWENTY-SEVEN (27), WILSON'S SUBDIVISION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, ACCORDINO TO THE RECORDED PLAT THEREOF; ALSO KNOWN AS 749 WILSON STREET, DUBUQUB, IOWA, TO TIMOTHY R. AND CHRISTY M, DAVIS Whereas, pmsuent to duly published notice, published in thu ~ newspaper, the City Council of Dubuque, Iowa, mot ou the 18th day of November, 1991, at 7:30 p.m. in the Cumegiu S~out Pablic Lilxery Auditerium, llth and Bluff Sucet, Dubuque, Iowa, to consider the proposal of disposing of City-owned real estate loca~d at 749 Wilson Sm~et which property is legally described as follows: Lot Twenty-Seven (2'/), Wllsou's Subdivision, in the City of Dubuque, Dubuque County, lows, scourding to the recorded pint the~of; and Whereas, such property is te be sold to Timothy R. and Christy M. Davis for the considerailou of $13,000 and rehabilitation of such ~ in accordance with City standards; and Wherces, the City Coundl of the City of Dubuque, Iowa, has oven~led any and all objections, oral and wriRen, to the proposal to dispose of the interest of the City of Dubuque, Iowa, iu the heraln and above- nan~d reai estate to the above-uamed NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secfl°Il L That the disposal of the interest of the City of Dubuque iu the herein above- described property to Timothy R. and Cluisty M. Davis is he.by approved. Section Z. That the Mayor be and hc is bereby authmtzed and di~.~ted to execute a Quit Claim Deed, and that tho City Clerk be and she is hereby d~cted and authorized to deliver such Deed, conveying the above described ~ estete to the above-named grantee. Passed, approved and adopted this 18th day of November, 1991. Attest: Mmy A, Davis City Clerk James E. Brady Mayor Council Member Pratt moved adopilou of the Resolution. Seconded by Council Member Krleg, Canied by the following vote: yeas--Meyer Brady, Council Members Dutch, Kluesnar, Krieg, Nichulson, Pratt, Voetherg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Heating to consider rezoning property located at 189ti Delhi SUeet fmto R-2 Two-Family Residential District to OR Office Residential District and communication of Paul Kern withdrawing his application to change the zoning at 1896 Delhi St. and an Ordinance amending Zoning Ordinance by reclassifying property at 1896 Delhi S~eet fwm R-2 Two-Fam/ly Rasidce- dal Distl-lot, to OR Office Resideutiai DisWlot, presented and read. Council Member Voutberg moved that thu proof of publication and communication and Ordinance be re- ceived and filed and approved withdrawal. Seconded by Council Member Pratt. Canted by the following vote: Yea~--Mayor Brady, Council Members Dalch, Klecsuer, Krieg, Nicholsoa, Prat~, Vcetburg. Nay~--Noue, Communication of Zoning Commission advising of their approval to rezone property located south of the intersection of Cedar Cross Road and Crescent Ridge Road from R-I and AG to CS District, presented and read. Council Member Voctberg moved that the communication be received and filed. Seconded by Council Member Pratt. Carded by the following vote: Yeas---Mayor Brady, Council Members D~leh, Kinesner, Kricg, Nleholson, Pratt, Voetberg. Nays--None. An Ordinance amending Zoning O~di- nance by mulassifying property located South of tho intersection of Cedar Cross Rood and Crescent Ridge Drive from R-I Single-Family Residential District and AG Agricultural District to CS Commcrciai Service and Wholesale Disuict, presented and read. Council Member Voetber~ moved that this be considered the first reading of 443 Regular Session, November 18, 1991 tho Grdinanee~ and that tho t~lni~m~nt that a ~ Ordinan~ ho ca.idiot end voted on fo~ passage at two Council rnee~ngs prior to thn meeting at which it b ftcrther moved ~ a poblle hearing be held on the Im~posed O~dinence ~ the 2nd day of I)~ab=', 1991, at 7:30 p.m. in ti~ Publin Lil~wy Auditorium and that tho City Ciedt publish notice in ~m manner prce~bed by law. Seconded by Cotmnii Member Proc Cm~ed by the following vote: Yeas---Mayo~ Bredy. Coun~ Memb~s Vunthe~. Nays--None. Coune/l recessed et 9:09 p.m. Council reconvcoed at 9:23 p.m. Coremunicetion of Zoning Commission advising of the/r aPl~OVal to rezone property located at 2364 Washington Sheet from R-2A to C-I Distant. presented and read. Council Membe~ Vuntberg reovad that the communication ho ~ceived and filed. Seconded by Coune/1 Member P~tt. Ca.lad by the following rotc: Yean--Mayor Brady, Council Members Detch, Klureunr, l~eg, Nichnisen, I~. Vuntberg. Nays---None. Communication of Zoning Commission advie/ng of the/r approval to rezoan pmporty at war of 2200 Kennedy Rund from R-3 to Khieun~ moved 6mt the communication be received and filed. Seconded by Council Member Voetberg~ Canled by the following vote: Yces--Mayo~ Brady, Council Members Deich, Klunsner, Kfing, Nicholsun, ~ Voetbe~. Nays=None. An O~dinunun nreending Zoning Ordi- hence by reclassifying prol~ty 1~ ~ · e ~ of 2~ J~n F. Ke~y R~ ~ R-3 M~e~ ~nsi~ M~-F~y R~den~ ~s~ct m C-2 N~gh~h~ Sh~ Cun~r ~ ~ ~fi~s, ~n~ ~d ~ Co~ ~r ~sn~ ~v~ ~ ~s ~ ~ ~e ~t ~ng ~ ~e ~n~, ~d ~t ~e ~nt ~t a ~ ~ ~ ~d~ ~d v~ ~ f~ ~s~e ~t ~ Co~ ~ngs ~ ~ ~e ~ng at s~n~ ~d f~ ~vM ~ a h~ng ~ h~d on ~ ~ ~ on ~e 2nd day of ~, 1~1, at 7:30 p.~ in ~e Pu~c ~ Au~um ~d · at ~e ~ty Octk pu~sh ~ in ~e ~er ~s~ by hw. ~dM by Co~ Mcm~r V~t~. C~M by ~e foHo~ vo~: Y~ B~y, Co~efl Mem~n D~ch, ~n~, ~ng, Ni~ol~n, ~ V~t~g. Nay~None. Communication of zoning Commisaon advising of their approval to rezone Lot 3-11 of Ylunnias Place from R- 1 to C-3, prasented end ~d, Council Member Klaesner moved that the eommunleatton be received and flied. Seconded by Council Member Pre~ Carried by the following vote: Yese---Mayor Brady, Council Members De/ch, Klunsem. Krlag, Nlehoison, Pratt. V~ethorg. Nays-- An Ordinance amending zoning Grdi- nan~ by recl~ifying Lot 3 of 11 of Yi~ PI~ ~ f~ ~y ~on ~e~f ~y zo~ C-3. ~ ~t 2 of I ~lofl of Rud~ph's F~ ~ in ~o ~ of D~ ~ R-I S~F~y ~n~ ~s~ct to C-3 Gen~ ~rd~ ~s~c~ ~n~ ~d ~ Co~ M~m~ ~nt ~t a ~ ~ ~ ~ ~d v~ m f~ ~e as ~ w~ch it is ~ ~ fi~y ~ ~ s~n~d ~ f~ ~v~ ~t · pu~c h~ng ~ h~d on ~o ~ ~n~ on ~o 2nd ~y of ~. I~L ~ 7:30 p.~ in ~e Pubic Li~ Au~um ~d ~t &e ~ty ~ push no~= in ~e ~ ~ by bw. ~ by Co,cfi MoOr ~ C~ by ~= foHo~ vo~: Y~ B~y, Co~ Mean ~ch, ~n~, ~ng, Ni~olmn, ~ V~t~. Nn~Non~ Communication of City Manager ~m- mending to dispose of City's int~st in Lot 3 of 11 of Yiunalas Place, im~sented and read. Council Memhor Pratt reeved that tho Regular Session, November 18, 1991 444 communication ho retired and filed. Seconded by Cmme/l Member Klaasunr. Canied by thc following vote: Yese~Mayor Bredy, Council M. ombers Ddch, Klansunr, KIing, Nicholsen, Pre~ Vuntberg. Nays--- None. RESOLUTION NO. 357.91 A RESOLUTION OF INTENT TO DISPOSE OF ANY INTI/REST TI~ CITY MAY HAVE FOR S'fREEr PURPOSES IN A PORTION LOT 3 OF 11 OF YIANNIAS PLACE IN DUBUQUE, IOWA Wbe~, Key City Investment Co. is the current owner of Lot 3 of 11 of Yiunnias Pluce; and Whereas, Key City Investment Co. has requested that the City dispose of any interest it may have for street purposes in a potion Lot 3 of 11 of Yiunnias Place, by specifically removing the notation "ROW FOR PROPOSED STREET** from the plat of said lot. NOW, TI~JiEFORE, 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 any interest it may have for street purpos~ in a portion of Lot 3 of 11 of Yiannias Place, as shown on the recorded plat thereof filed as instrument number 1015-89. Set/ion 2. That the City Cledt be and is hereby authorized and directed to cause a notice to be published as prescribed under Section 364.7 Code of lowa~ 1989 or as amended. passed, approved and adopted this 18th day of November, 1991. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Reselution. Seconded by Council Member Kluasanr. Can/ed by the following vote: Yeas--Mayor Brady, Cunndl Membe~ Dcleh, Klunsunr. Krleg, Nicholson, Pratt, Voetberg. Nays---Noun. Communication of Zoning Commission advising of their apl~oval to amendments to Section 6 of the Zoning Ordinance to approve criteria for text un~ndments and ~ezonlngs, presented and read. Council Membe~ V~etberg moved that the communi- cation be n~e/ved and filed. Seconded by Council Member Nleholson. Carried by thc following vote: Yeas--Mayor Brady, Council Membere De/ch, Kluasncr, Kfieg, Nicholson, Pratt, V0etherg. Nays-None. An Ordinance amending Zoning Onil- nzoce by relzaling the pr~unt requirements and adopting new ~quirements in lleu thereof for Zoning ReclassifiCations in Section 6-1.1; and to add n new Section 6-3.3 for criteria for text amundmunts, presented and read. Council Member Voetberg moved that this be considered the first rcoding of the O~dinance, and that the requiren~nt that a proposed Ordinance be coasidered 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 6di day of Sunuary, 1992, at 7:30 p.m. in the Public Library Auditorium and that the City Ciedt publish notice in the manner pre~ctibed by law. Seconded by Council Member Nicholsen. Carried by the foilow/ng vote: Yeas--Mayor Brady, Council Member~ De/ch, Kluasner, Kflng, Nichoison, Pratt, Voetberg. Nays--None. Council Members Krleg and Voetberg sequnsfing Council support regarding thc condemnation of racism and intolerance in the City of Duhaquo. David Simon, 565 Greenwood, spoke supporting the content of the propped Resolution. Dirk Vcotberg commented on the results of thc Vision 2000 process and stated the results of the survey that was taken reladve to this. Council Mcmbor Pratt moved that the comments be received and filed. Seconded by Council Member Nichoison. Can/ed by the following vote: Yeas~Mayor Brady, Council Members De/ch, Kluesner, Krleg, Nicholson, Prat~ Voetberg. Nays=Noun. RESOLUTION NO. 358-91 RESOLUTION CONDEMNING ACTS OF RACISM, INTOLERANCE AND INTIMIDATION Where., the City Council of the City of Dubuque, Iowa, is thc primary unit of local government for thc community of Dubuque and responsible by State law "To protect and preserve the fights and privileges and prop- erty of the City and its residents, and to preserve and improve tbe peane, safety, Regular Session, November 18, 1991 446 445 Regular Session, November 18, 1991 health, welfare~ comfit and convenience of its ~tiden~"; and Whereas, speaking out qalust acts of tntdenmce, racism and insensitive behavice is an appsepriats and essential function and ~espousibility of the City government of Dubuque; and Whereas, cross burnings, other acts of violence, racial slurs and dlscfimiunto~y behavice towards persons of colce axe not only tllngai and inappreprinte, they are hu~fni and rcoan-sphited and counter- predncilve to thc spiritual and econo.dc wbll being of the community and all its citizens and smmgly condonmcd; and Wharzes, Dubuque must chsnge its growing racist image and be known ss an open, suppoflive and icceptive community for all people if we are to successfully compete for a limited work force in a global economy; and Whe~as, culmmi diversity st~ngtheus our community and is to be encouraged and NOW, THERBFORB, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That all acts of recisn~ intolerance and intimidation ~u~ wrong and strongly condemned. Se~lon 2. That ail cilizeus of the City of Dubuque axe encouraged to show by wiring lattefl or wearing ribbons or speaking out llmt they also coudcmn all acts of recism and into[ersnce and that the cross berner~ do not speck for them and they suppofl effcets to become a more open, understanding and tolerant cormnanity and change our negative image. Passed, 0pproved and adopted lifts 18th day of November, 1991. James E. Brady Mayor Dink Voatbe~ Council Memb~ Lores Klncaner Council Member Michael Pratl Council Member Dan Nichniann Council Member Katie Kfing Council Member Don Dnich Council Member Attest: Mary A. Davis City Clerk Council Member Pratt moved edoptiun of the Rcselmion. Seconded by Council Member Nicholsco. Canled by the following vote: Yeas--Mayor Brady, Council Membess Deich, Kluasner, IG-iag, Nichc~unn, Pratt, Voutberg. Nays---None. Communication of Karla Bmi~, Chair- of Human Rights Conm~ssion, requesting to address the Council to prusant their 1991 Annual Report, Im~sented and reed. Council Member Pratt moved that the communication be m~nived and filed. Seconded by Council Member Nicholson. Carried by the foilowing vote: Yeas---Mayor Brady, Council Members Deich, Kluecner, Kfiag, Nicholson, Pratt, Vontber~. Nays~ Noze. Ms. Braig explained the repotL Communication of Dubuque Main St~et Ltd. requesting to address the Cconcll to pl..sent their semi-annunl report to Council, presented and read, Council Member Klncsne~ moved that the communication be received and filed. Seconded by Council Member Voetberg. Canied by the following vote: Yees--Mayor Brady, Council Membe~ Daich, Kluesncr, Ktiag, Nicbulson, Pratt, Vcotberg, Nays---None. Tom Graham introduced Paul Eln~r, ~)ixnctor of Main Sue. et Ltd., who presented a verbal comment on the semi-annunl seport. Communication of Jeffrey L. Waiters ~-.questing to address the Council to discuss and give possible aPl~ovni of Sister City CommiRee change in official smlctuse, p~santed and read. Council Member Pratt moved that communication be xcceived and filed and approvud change. Secondud by Council Member Kfiag. C.Mried by the following vote: Yeas--Mayor Brady, ~l Members Delch, Kluesanr, Ktiag, Nicholson. Pra~ Veetbcrg. Nays~None. Mr, Waiters spoke requesting funds be available at a l~r day in amount of $1500 to promnto visit with ot~ Sister City. Communication of City Manager request- ing approval to purchase the following eqniprcent associated with corbside secyniing effective April 6, 1992; two (2) recycling trucks c~tiy being leased; ~ O) additional tncycling tracks [two (~) of the cerrcnt size and one (1) smaller]; and 17,700 containers at a total cost of aIR0coximntely $396,200.00, pmseoted and read. Council Member Folag moved that the communica- tion be seceived and filed and approved pemh~e. Seconded by Council Member Prate Carried by the following vote: Mambos Ninhulson. Vonthe~. tng Counell approval to set the date and amount for the mferandum for the golf cern'se ecosuneilon at Roosevelt Pork and communica~on of the Cha~us of Park and Recreation Commission and People for (]off, submiHing an UI~ate on the status of the campaign for passage of the bond issue, plv. acnted and mai. Council Member Pratt moved that tho communications be received and filed. Seconded by Council Member Kting. Canied by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesnar, Kriag, Nichulson, Pratt, Voutherg. Nays--Noue. RF~OLUTION NO. 359-91 RESOLUTION CALLING A SPECIAL CITY BLECTION Whereas, the City of Dubuque, Iowa, proposes to contract indebtedness and issue general obilgnfion bonds to provide funds to pay costs of u gnnoral corporate purpose p~nct beminefles deccr~bed; and Wbe~ss, Section 384.26 of tho City Code ~ provides that befo~ the Council of a City may institute plx~o-..edings for the issuance of bends for a general corporate purpose, it shell call a special City election to vote upon the pzeposition of issuing said bonds in accordance with the provisions of said statute; end WheFcas, neither the proposal for the issuance of the bonds bendnafter set foflh, nor uny other lm~posel incorporating any potion of it. has or will have been submitted to the electors of the City for a period of mole. than s~x months prior to thc date of election be~inaftor provided; and Wbercas, the Dubuque ~ is a legal newspaper, prin~d wbuily tn the English lungnngn, as defined by Sncilon 618.3 of the ~ and is published in said City and of general cizeuintion thc~iu. NOW, Tt~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That them is hereby called a special City election on Tuesday, the 28th day of lunua~y, 1992, at which election there shall be submitted to the quelified nicctors of said City the fnilowing question: to-wit: "Shall the City of Dubuque, Iowa, its bonds in an amount not ~xcceding the amount of $4,760,000 for the pm'pose of acqaldng, con- struatlag and equipping a municipal golf cour~ and ~lated facilities in Roosevelt Park?" Se~lon 2. That the voting l~ece or places for said election, and the hours the polls shall be opened and closed shall be as set out in the aoilce of the election, said notice to be p~pased and nH~ozed by the County Commissioner of Elections. Section 3. That the form of ballot to be used at said election shall be es fellows: (a) in ti~se p~cincts using paper bniints they shall be printed of son~ color other than white, pursuant to the provision~ of Section 49.43 of the Cede of Iow_a; subsumtialiy in the form set forth iu the Notice of Election; and (b) in these precincts usiug voting machines, if uny, they shall be printed in black ink on clear, white nmtotial, of such size as will fit in the ballot fseme, and iu as plain, clear type ns the space will rcasonahly permit, pursuant to the provisions of Section 52.10 of the ~ substantially in the form set forth in the Notice of Election. That said notice shall show the names of all candidatss or nominees and tim office each seeks, if any, and if more than one public measure shall be submitted to the electors at the ilmn of the said election, all such measures shall be printed upon one ballot. Section 4. That the Election Board for the voting precinct or precincts shall be appointed by the County Commission of Elections, Mt less than 15 days before the date of said election, a certified copy of which appointmeut shall be officially placed on file in the office of the Clerk of said City. Section $. That the Auditor of Dubuque County, Iowa, being the County Ceriums- siGner of Elections, is hereby directed to publish the notice of election once in the Dubuque ~ being n legal newspaper, printed wholiy iu the Englisb ~ published in said City uno o general ci~uintion thcralu, said publication to be not less than four clear days nor raore than twenty days prior to the date of said election. Section 6. That the County Commissioner of Elections shall cause to be prepared all such ballots and election segistors nnd other Regular Session, November 18, 1991 __ 448 447 Regular Session, November 18, 1991 ueppilue as may be nceeasa~y fmc the proper and les~al conduct of maid election. The Clerk is be~by no~ and dimcted to cooper- ~ with mid Commiasiouer of Electlom to do und l~l~m all unceas~y n~ttml ia ord~ to ~ s~td eleetiou lngal and valid. Se~ioa 7. That thc Clank is bemby dimoted to fila a eccdfied copy of this Resolution in tbe office of the County Commt~uner of Eluetious, which filin$ shall else ccosfilute the *written notice" to the County Commissioner of l~nctions of the election date sequh~ to be give?, by the governing body under thc pro,mucus of Chapter 47 of the Code of lows. Passed and approved, this 18th day of November, 1991. lamas B, Brady Mayor Attest: Mazy A. Davis City Clerk Council Member Pratt moved edoptiou of the Resolution. Seconded by Council Member Krie$. Canted by the following vote: Yeas--Mayor Brady, Cunnell Members Deich, Kluesoer, Kflng, Nieholson, Pratt, Voutbe~g. Nays--None. Communication of City Manager n~quest- tug approval of a demolition penuit for a building located at 1200 Main Stoat which is located in the Jackson Park Neighborhood and communication of Pisoher Companies requesting they be allowed to take down the building located at 1200 Main SUnct (previously the IViedical Associates Building), presented and read. Council Member Kluesner moved that the communl- cations be ~ccelved and ~ed and pcmmit aplxoved. Sccouded by Council Member PraU. Carded by the following vote: ycas~Mayor Bxady, Council Members Deich, Kluesnar, Kfing, Nichoison, Pratt, Vcotbex~. Nays--None. Coffununicadon of City Manager submit- ting a mpo~ on the rewrite of the C-I Nelghlxwhcod Commercial and C-2 Neigh- bothcod Shopping Center Disuicts as inups~d by thc Plunding Services Division, presented and read. Council Member Krieg moved that the communication be mcaived and filed and xnconunendatlon uplWOVed. Seconded by Council Member Nicholson. Can'ied by the following vote: yeas--Mayor Brady, Council Members Delch, Kluesuer, F,.~$, Nicholson, Pratt, Veether8. Nays~ None. Con-anunication of Zoning Commission advising they have mviewed the staff proposals ~egardlng the C-I and C-2 Disbars, presented and mad. Council Memb~ Edng moved that they continue to defer this until uemofime in Janussy. Seconded by Council M©mber Nicholson. Ca:ried by the following vote: ymm--Mayor Brady, Council Members Deich, Klueseer, Kfing, Nicholson, Pratt, Voetberg. Nays---Ncaa; RESOLUTION NO. aC~-91 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with tho l~'ovisions of law misting to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a pem~t to sell Ciga~ttes and Cigamtts papers within said City. Windsor Tap, Engl~ Point Tavern, LM., 2401 Windsor Avenue Passed, approved and adopted this lSth day of November 1~1. Iamns E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Me. abets Dalch, Kluesner, Kfieg, Nicholson, Pratt. Veetber~. Nays--None. RESOLUTION NO. ~61-91 Whereas, applications for Beer Permits have buen submitted and filed to this Council for uplxovel and the same have been exam- ined and approved; and Whereas, the premises to be oecopied by such applicants were inspueted and found to comply with the O~dlnances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THB CITY OF DUBUQUE, IOWA; That the Manager be authorized to cause to be issued the fdilowing named upplicants a Beer Pam~C CLASS "C" BEER PERMrr T P M Co., Oky Doky #6, Sunday Soles, 1~6 Iowa Su~et passed, ~mved and ~ ~s 18~ day of Nove~ 1991. ~ ~ B~y May~ A~t: M~ ~ Wis Ci~ ~erk Co~ ~ ~u ~ ~on ~ *~ ~e~lu~on. ~ by Con~ D~Ch, ~uem~, ~ng, V~t~. Nay~Nonc. ~OLUTION NO. 36Z-~1 ~ve ~ sub~ to ~ <o~ a~V~ ~d ~0 s~ We ~n ~d a~V~; ~d such a~ ~ in~ ~ f~nd ~&n~s ~lev~t ~ ~d ~y have ~ ~r NOW, ~O~, BE ~ ~OL~D BY T~ CITY COUNC~ OF T~ CI~ OF D~UQUE, IOWA: m ~ iss~ ~o fo~o~g n~ a~U a ~qu~ ~n~. CL~S "C" (co~RC~) BEER A~ LIQUOR LICENSE M~ K. W~, ~ag~ TUP, Sunny S~, 1103 Iowa S~t p~, ~v~ ~ ~ day of Novem~r, 1991. l~s E. Bray May~ At.t: M~ A. ~vis Ci~ C~rk ~. Ron K~n s~ke ou ~h~ of qu~ Liqu~ Li~ f~ P~m O'Sh~'s. so. have ~ sub~ to ~s uo~ a~V~ ~d ~o ~ have ~n ~d a~V~; ~d Wbet~as, the psemisue to be occupied by such applicants we~ inspected and found to comply with the State LaW and all City O~fianncue relevant thereto and they have NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: to ~'i~s~d'~e f;llowing named applicants a Liquor License. kppLICATION FOR oUTDOOR SERVICE AREA Roberts Rivet Rides, Ino., Dubaque Casino Bell~ Dock, 400 East 3rd S~ruet Passed, approved and adopted this 19th day November 1991. lames E. Brady Mayor Mary A. Davis City Clerk Council Member Pratt moved adop~fion ~[ the Rasolation. Seconded by coun Member Kring. Canled by the following vote: Yeas~Mayor Brady, Cour~l Members Delch, Kluesuer, l~ing, Nicholsou, Pratt, Vootber~, Nays--None, MINUTES SUBMITTED--Cable Community Telel~ngramming Commission of 11-5; Historic pmsotvatico Commission of 10-231 Housing Cede Appeals Board of 10-23; Libra~ Board of Trustees of 10-24; Long Ranga planning Commission (North- west Artedal Conidor Subcommittee) of 10-30; Long Range Planning Commission (Riverfmnt Development Subcommittee) of 10-30; Park & Rue~atiou Commission of 10-g & 10-22; Transit Trust~ Board of 9-12; Zoning Board of Adjustn~nt of 10-24; Zoning Commission of 11-6; Keyilue sub- mitting Comparative Eamlngs Statement and Statistics for 1st quarler of FY '92, p~seeted md sead. Cconcil Memher Pratt moved that the minutes be n~ceived and filed. Seconded by Council Member Veetberg. Canied by the following vote: Yeas-Mayor Brady, Council Members Delch, Kluesuer, Krieg, Pratt, Vouthet§. Nays~-Noue' NOTICES OF CLAIMS]SUITS- Aspermonl Company vs. City of Dubuque et al, submitting Notice of Appeal in con- damnation of cegain rights '.m. la~.d bYou~n~ Iowa DOT; Drsx~thy M. Bradley m am of $2~2.00 for backed up sewer damages; Cletue Erschen in amount of $100.00 for 449 Regular Session, November 18, 1991 vehicle damages; Mark Allen Kflstensun in amount of $450.00 for vehicle dam~es; Russoli L Fuhnnsn in amonnt of $105.00 for personal injuries; River City Realty, Ltd. in the amount of $149.10 for backed up nswor Member Pratt moved that the nlalms and suits be ref~ed to the Legal Staff for investigation and ~pe~. Seconded by Council Member Vootberg, Canted by the following vote: yens--Mayor Brady, Council Membor~ Deich, Kinesner, Kfing, Nicholson, Pratt, Vnstberg. Nays--None. Communication of Corpe~tion Counsel advising of refenal of personal injury and caf dmunge claim of Rexannn Bauer and personal injm7 claim of Sada Lcasching to Crawfeed & Compeny, agent for the Iowa Communities Assoranca Pool, presunted and read. Council Member Pratt moved that the communication be lccaived and filed. Seconded by Council Membe~ Vootbe~g. Cnn'led by the fellowing vote: Yeas--Mayor Brady, Cooncll Members Deinh, Klnssnsr, Kflng, Niehelson, Pflttt, Vnstberg. Nays-= Communication of Coqx~mion Counsel advising of admielsttattvn closem of can damage claim of Steven H. Sielker, car damage elalm of Bmndan T. Quann, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Voetberg. Canied by the following vote: Yees--Mayor Brady, Council Members Deich, Klnssner, Kfing, Nicholson, Pratt, Vootberg. Nays--None. Communication of Corporation Counsel recomn-~nfltng forwerding of car damage claim of lames R. McTaggafl to oont~actor responsible for oonstrunilon of 1991 Connote paving Project, pmsonted and read. Council Member Pratt moved that the communication be received end filed. Seconded by Council Member Vnstherg. Carried by the following vote: Yens--Mayor Brady, Council Members Dclch, Klnssner, Krtng, Nieholson, Pla~ Vootberg. Nays--- Communication of Corporation Counsel requesting Mayx)z be authorized and directed to sign the Dismissal with Pr~jadica and Relcans on behalf of the City regarding the personal injur/ claim of James J. Kinnsr 10~.sented and ~d. Council Member Pratt moved that the communication be xcceived and filed and authorized Mayor to execute. Seconded by Cooncil Member Voetberg. Carried by the following vote: yens---Mayor Brady, Council Members Ddnh, Klunsnsr, Kring, Nicholson, Pratt, Vontberg. Nays--Nons. Communication of Corporation Counsel reoomu~edlng denial of ~ damage claim of Joel V. Owens, presentad and read. Council Member Pratt moved that tho oommantcadon be received and filed and denial approved. Canled by the following vote: ye~s---Mayor Brady, Council Membe~ Daich, IOunsner, Kflng, Nicholson, Prat~ Voetherg. Nays---None. Proofs of Publication certified to by thn Publisher on 1991 Financial Report for Plscai Year ended June 30, 1991; List of Claims paid for month ending September 30, 1991; Notice of Intent to file a Request for Release of Funds for the Enginns~ng Data Systems Corpor~on Project, l~esantad and read. Council Member Pratt moved that the proofs be received and filed. Seoo~ded by Council Member Vootberg. Canted by the following vote: Yeas--Mayor Brady, Council Members Detch, IOuesner, K~eg, Ni~olson, Pratt, Veetberg. Nays--Nons. petition of Ronald D. Markec oonteining 14 signstores requesting removal of altemaiz side stxect pmi~ng on Jones Sl~ect frem Bluff Street to Locust Sttent, p~sonted end reed. Counc~ Member Pratt moved that the petition be refer'red to the City Mannger and staff for investigation end rupo~ Seconded by Council Member Vootbe~. Canied by the fcOowing vote: Yens--Mayor Brady, Council Members Deich, Klnssnor, Kfing, Nicholson, Pratt, Vnstherg. Nays---None. Commanlcmion of City Man~er recom- mending acceptance of Electrical and Dis~builon Pump System Upgtadns to the Eagle Pclnt Water Plant project, prnsented and read. Council Member Pratt moved that the communication be ~caived and filed. Seconded by Council Membe~ Vnstbe~g. Canied by the following vote: Yens---Mayor Brsdy, Council Members Deich, Riuesanr, K~eg, Nicholson, Pratt, Vnstberg. Nays~ Nons. RESOLUTION NO. 364-9! ACCEPTING IMPROVEMENT Whereas, the contract fer Elect~cal and Dis~bufion Pump System Upgrades to the Eagle P~nt Water Plant has been con~leted and the City's coosuitent. Riice Pe~ides- Donohue, has ~e~mm~ended acceptance of thn 1~ject. Regular Session, November 18, 1991 450 NOW, TI-[F. REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That tbe recordation of the City Manager and Brine l~trides- Donohns be al~proved and that said improvement be a~upted. Passed, ~,ved and adopted this lgth dsy of November, 1991. ~ jan~s E. Brady Mayor Attest: Mary A. l~vis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Vnstberg. Carried by thn following vote: Yens---MaYor Brady, Council Members Dnich, 1Ouesner, Kfieg, ~Nicholson, Pratt, Vootberg. Nays---None. RESOLUTION NO. 36~-91 FINAL ESTIMATE Whetees, tho contract for Elec~cal and Distribution pump System Upgrades to the Eagle Point Water Plant has been completed and the City's consultant has Snbmitted the final estimate showing the cost thnmof. NOW, THEREFORE, BE IT RESOL~ BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $575,636.68. Section ~. That tbs final payment of $43,131.43 be paid to MMC Mechanical Con,actors in necordanca with the specifications and State statutes dom funds in the Water Division's FYgl CIP Badger ~ passed, approved and adopted this 18th day of November, 1991. James F~ Brady - Mayor Attest: Mary A. Davis City Clerk Council Maraber Pratt moved adoption o.f the Resolution. Seconded by Council Membez Vnstberg. Canied by the following vote: ycas---Mayor Brady, Council Members Dcloh, Kluesner, Kfing, Nicholson, Pratt. Vootberg. Nays---None. Communicalon of City Manager request- ing Council appmvn the levy of special assessmonU for d~w~ ~ w~ch w~ do~ ~ ~e ~ ~d ~n~ ~d~ ~e 1~1 Sidew~ Ins~fi~ ~d ~ ~oj~t - As~ss~nt ~ns, ~ ~d ~. by C~ Mcm~ V~g. ~ by Co~c~ Me~ D~ch, ~u~anr, Kfing, Nichol~n, ~a~ V~t~g. N~y~None. ~OLUTION NO. 3~-91 A ~LUTION A~NG ~E FIN~ ASSESS~ 5CI~D~E FOR 1991 SIDEW~K ~AIR PROJE~-ASS~S~ PROP~- TIES INCLUDING CERTAIN ~ CODE O~ 19~I SPECVl- CALLY, TH~ NUMBER OF ANNU~ INST~LMgNTS I~O WHIC~ ASSBSSMBNTS ARB DIVIDED, T~ I~ST ON ~L U~A~ I~ST~NTS, TI~ W~N ~E ASS~S~NTS A~ PAYABLE ~D DIRE~INO T~ CL~K ~ C~T~Y T~ ~N~ SC~DULB AND TO PUBLIS~ NO~CE T}ffi~OF NOW, T~O~, BE ~ ~SOL~D BY T~ CITY COUNC~ OF THE OF DUBUQUE, IOWA: Th~ ~r f~I mmid~mi~ of ~o Fmfl ~ f~ ~, 1991 Sidow~ R~ ~ject p~p ~, dMa OK ~o~ I~row- ~n~ of Dubuque, Iow~ w~ch ~e~e w~ ~ in ~o ofil~ of ~e City Ci~k on ~o 13~ day of Novem~r, 1991, ~ is be~by a~ov~ ~d ~op~. of ~o 1o~, ~e ~s~five su~ in~. ~ovld~, f~, ~t ~ ~unm shown ~d finfl ~e of ~e~s~ defido~ins ~ found m ~ ~r lev~ ~difion~y ng~nsl ~ pr~s ~anfit~ by ~o i~vomen~ shown in ~ ~eh~*, subj~t to vi~im~ of S~fi~ 384 63, CMo of Iow~ S~d ~s~men~ ng~nst s~d lorn ~ be~by ~fim mnfe~ ~d not in excess of ~on~-five ~nt of ~ Wan of 451 Regular Session, November 18, 1991 Assessments of $100.00 er mine ar~ puy- able in 5 equal ann~ instulbnents, with interest ou the unpaid balance, all as tn~ovided in Section 384.65, City Code of Iown. Conditional deficiency ascessmonts, if any, may be levied against the apl~icable property for the name pe~imi of ye.~s ~ the asse~armnts are mede payable. Asseasmants may be paid in full erin lint without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publicatiou of this untiou of the filing of the final plat and schedule of asasasments with the County T~astu~. U~as said assessments axe paid in fuN within said thirty day period all unpaid assassments will draw annual interest computed at 10% (commencing on the date of acceptance of the werk) computed to the December 1st next following the due dates of the respective installments. Each tnstalln~nt will be delinquent on Sel~ember 30th following its due date on July 1st in each year. Pcepa~ owners may elect to pay any annual iastullmunt semiaantmily in That the City Clerk be and is hereby directed to ce~fy said schedule to the County T~asurer of Dchequc County, Iowa. and to publish notice of said certification once each weck for two consecutive weeks in the manner Fmvided in Section 362.3. the first publication of which shall be not n'u~re than fifteen days from the date of filing of the final schedule. The City Clerk shall also seed by c~ifled mail to ix,~eny owecrs whose lwope~y is subject to assessment a copy of said notice, and mailing to be on or before the date of tho second publicatiun of the notice, all as provided and di~cted by Section 384.60 of the Code of low=s. Passed. approved and adopted this 18th day of November, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk SCHEDULE OF FINAL ASSF_~SMENTS OWNER Glaser, Kevin G. Bout, Kenneth R. Ball, Ross Menhing, Kevin A.. Lot 1SA of Quigley's Sub. of Out Lot 710 and Lot 9A of Quigley's Sub. of Out Lot 711 Middle 1/3 of City Lot 134 Somh 20'of the North 55' of City Lo~ 477 LOt3 of Lot 9 of D.N. Cciley's Sub. $ 62.79 $128.80 $155.37 $ 57.50 Regular Session, Council Member Pratt moved adoption of the Resolution. Secoeded Council Member Voutherg. Caxried by the following vo~: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfing, Nichcison, Pratt, Voetberg. Nays.~None. Communica~on of City Mannger subn~t- ting Financial Repo~ for the month of October, 1991, lr~asonted and read. Council Mcmbe~ Pratt moved that the oummuulcation be n~eived and filed. Secoeded by Council Member' Vcothcrg. Canied by the following vote: Yeas~Mayor Brady, Council Members Dulch, Kluesner, Kring, Nicholson, Prau, Voetberg. Nays -None. Communication of City Manager xequest- ing approval to file a Program Statement of Intent for Use of Community Development Block Grant Fueds for Calendar Year 1992, presented and read. Council Member Pratt moved that the communication be received and filed. Seoueded by Council Member Voetberg. Canied by the foilowin$ vote: Ye~s--Mayor Brady, Council Members Dulch, Kluesear, Kdng, Nicholson, Pratt, Voutberg. Nay~--Nonc, RESOLUTION NO. 367-91 RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENT #2 TO A COMMUNITY DEVELOP- MENT BLOCK GRANT STATE- MENT OF INTENT AS AMENDED SUBMITTED TO THE DEPART- MENT OF HOUSING AND URBAN DEVELOPMENT FOR CALENDAR YEAR 1991 Whereas, under lw0visions of Title I of Housing and Urban Development Act of 1974, as amended, the City of Dubuque prepared and submitted a Statement of Intent on December 1, 1990, which staten'~nt was approved on January 3, 1991; and Whereas, an amendment to the approved Statement was submitted ou February 16, 1991, and was approved by the Department of Housing and Economic Development on March 5, 1991; and Wherest, the City of Dubuque now proposes to make an edd/tionul amendment to said Statement of Intent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: November 18, 1991 452 Section 1. ~hat the Statement of Intent, as amunded, submitted to the U.S. Depammnt of Housing and Urban Development be fuflher amended ~ ~fl~t ~e MI~ ~ G~ a~H~on f~ ~ ~unt not ~ cX~ $~,~, ~d ~e May~ of ~c ~ of Du~q~ ~ ~by ~ ~d dk~d m cxecu~ the n~css~y d~u~mfion ou ~h~ of &e Ci~ of Du~q~. Smlun L That ~ Ci~ ~cr ~ ~d he is ~by ~ ~d ~c~ m sub~t &e ~c~nt W ~ ~en~ y~ 1991 Co~ Dcvul~ment Bilk Grot Sm~nt of In~nt m ~c U.S. ~p~ent of Ho~ing ~d Ur~ Dovelop~nt ~d o~ a~r~ ~endcs. P~s~, ~ov~ ~ ~ ~is 1~ day of Novem~r, 199~. Jair~s E. Brady Mayor Attest: Mary A, Davis City Clerk Council Member Pratt moved adoption of thc Resolution. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nicholson, Pratt, Vcotberg. Nays---None. RESOLUTION NO. 368-91 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1-3 AND LOTS 40-42 INCLUSIVE AND LOT A OF NORTHRANGE SUBDIVI- SION NO. 2 IN THE CITY OF DUBUQUE, IOWA Wbereas, there has been filed with the City Cierk a final plat of Lots 1-3 and Lots 40-42 inclusive and Lot A of Northrange Subdivision No. 2, in the City of Dubuque, Iowa; and Whereas, upon said phit appears a street to he known as North Range Court dasig- nated on said plat as Lot B, togcthe~ with ccn~in public atfilty and drainage ea~ments which the owners, by said final plat, have dedicated to the public forevett and Whereas, said final plat has be~n exam- ined by the Dubuque Zoning Commission and had its oppmval endorsed thereon subject to the owners agreeing to thc conditions noted in Section 2 below; and Whereas, said final plat has been exam- ined by thc City Council and they find that 453 Regular Session, November 18, 1991 tt ec~ronm to the statutes and o~dinances relating to it, except that no atreots ce pulgic otiiltice have yet been const~,cted; and Wl~..ss, ~ City Cmmoil concm in ~e condlticos of qxproval catal~iched by the Whe~ns, Resolution 338-91 which was ~ved on October 21, 1~91, thereby apl~oving the abovementioned plat was found was found to contain erwn in the dasefiplton of the plat. NOW, Tt~J~BFORB, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That Resolution 338-91 is hereby rescinded. Section 2. That thc dedication of North- range Corot, shown on said plat as Lot B, together with the unsemunts for public utilities and drainage as they appear on said final idat be and the same ere hereby accepted. Section 3. That the final plat of Lots 1-3 and Lots 40-42 inclusive and Lot A of Nonlmmge Subdivision No, 2 in the City of Dubuque, Iowa, is hereby aplxoved and the Mayor and City Clerk m'e hereby unthoriz, bd and directed to end~so thc approval of the City of Dubuque, Iowa, upon said final plat, provided that the owners of said ~ herein named, execute their written acceptance hereto attached agreeing: a. To t~educe all sUects to ~ade and to construct concrete curb and gutt~.r and to hard surface with asphaltic conerete, or with concrete paving with integral ct~b, all in a manner acceptable to the City Engineer and tn general ccoformancc with the approved l~elimirutry plat; b, To install sonitaty sower n~ns and sower service laterals in a manner acceptable to the City Engineer and in general con- refinance with the approved preliminary plat; c. To install water mains and water service laterals in a manner acceptable to the City Engineer and in general confcenmnce with the approved ixeliminaty plat; d. To instail storm sowers and catch basins in a manner acceptable to the City Engine~ and in guneral confonnunun with the aFl. eyed l~elimiun~y plat; e. To install concrete sidewalks as ~lalred by m~nunce where directed by the City Engineer and the City Manager in a manner acceptable to the City Engineer and in general confommnce with the approved preliminary pla~ f. To instail boulavmd street li~htlng in accordance with City specifications in u manner neceptable to the City Engineer and in general conformance with the approved preliminary pla~ g. To construct the foregoing improve- ments in accordance with plans and specificatiom approved by the City Manager, under the supervisiun of the City Engineer, h. To construct said iml~ovensonts, except sidewalks, prior to one year from thc date of the acceptance of this Reec~ution; i. To construct sidewalks in accordance with the requirements Sectico 42-24(e) of the City Code; specifically, sidewalk installation shall be the responsibility of the owner of the property abutting lbo public right-of-way. The responsibility shall extend to all successors, heirs and assignsos, Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be wqalred until 50% of the lots apl~oved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots apl~ovcd by the plat; j, To maintain the foregoing imp~ve- taunts for a period of two (2) yca~ from the data of the acceptance of the public improvement by the City of Dubuqun, k. To install temp(muy cul-de-sac to City specifications at the weaterly end of North Range Court and maintain said cul-de- sac until Noi~ Range Court is further uxtended; 1. Toprovide the foregoing construction and maintenance at the sole expense of the subdivider, as owner, or fetme owners; m. To co~dinatc all emeion measures in a manner consistent with the approved grading and erosion conuoi plan. And further provided that Michael E. and Sara A. Port.n, as owners of said pso~ny, shall secure performance of the foregoing conditions provided in Section :2 by providing security in such form and with such stacdas as nmy be acceptsble to the City Manager of the City of Dubuque. Regular session, November 18, 1991 454 Sections 3. That in the event the above mentioned owner of said property shall fail to execute the acceptance and furnish the security provided in Section 2 he.of within forty-five days aflc'r thc date of this Resolution, the provisions hereof shall be null and void and acceptance of the dedi- cation and approval of the plat shall not be effective. Passed, approved and adopted this 18th day of November, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 368-91 We, thc undersigned, Michael B. and Sara A. Portzun, having read the terms and conditions of the Resolution No. 368-91 and being familiar with the conditions thereof, hereby accept this sam~ and agree to the conditions required therein. Dat~t in Dubuque, Iowa this 20th day of November, 1991. By:/s/Michael E. Portzun By:/s/Sara A. Ponzcn TO: Mary A. Davis City Clerk This is to cerllfy that the security provided by the foregoing Resolution No. 368-91 has been furnished by the Owners. (With Resolution No. 338-91 which is ~pe~ed) Dated at Dubuque, Iowa this 20th day of November, 1991. /si W. Kenneth Gearh~t City Manager Council Member Pratt moved adoption of the Resolution, Seconded by Council Member Voetber~. Carded by the following vote: Yens=-Mayor Brsdy, Council Members Deleh, Kluesncr, Kriag, Nichoison, Pratt, Voctbe~g. Nays~None. There being no further business, Council Mereber Vuntberg moved to adjourn thc m~ting. Scconded by Council Member Nichoison. Canied by the following vote: Ye~--Mayer Brady, Council Members Deich, Klunsner, IOiag, Nicholson, Prntt, Voetberg. Nays---None. Mauling adjourned at 11:18 p.m. Mary A. Davis City Clerk Council Members Attest: 455 Special Session, November 25, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, City Con.il, November 25, 1991. Council met at 4:15 p.ra, Conference Room "B", City Hall. Present: Mayor Brady, Council Members Klunsner, Kfieg, Nicholson, Pratt, Coxporation Counsel Batty A. LindahL Absent: Council Membe~ ]3etch, Voetberg. Mayor Brady read tbe call and stated this/ is the Special Session of the City Counci~ called for the puqx~e to consider-' Transfe~ing Class "BW' Beer Permit of Square Meals. Petition of Squn~ Meals requesting transfer of tbe'tr Class "BW" B~r Pennlt to CyCa~ Plaz~ on December 2, 1991, presented and read. Council Member Pratt moved that the p etitiun for transfer be approved. Seconded by Council Member Klcesner. Canded by the following vote: Yeas--Mayor Bray, Council Members Kluesner, Kring, Nicholson, Pratt. Nays--None. Absent---Conncil Member~ Deich, Voetherg. There being no further business, Council Member Nicholson moved to edjoum the meeting. Seconded by Council Member Prate Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, ~ Nicholson, Pratt. Nays---None. Absent--Council Members Dcich, Voetberg. Mceilng ndjoumed at 4:47 p.m. Ma~ A. Davis City Clerk Apl~OVed ~~ 1992. Comer Membeas Attest: Regular SeSSion, December 2, 1991 456 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, [~cember 2, 1991. Council rout at 7:30 o'dock p.m., Public Pxusent: Mayor Brady. Council Meml~a's Deich, Riuesner. Krleg, Ninbelson, Pratt, Vontbe~. City Maneger W. Kenneth Gearhart, Cmporation Counsel Barry A. LindahL Mayor Bmiy read the call and stated this is the Regular Monthly Meeting of ~he City Council called for the purpose to a~t upon such business which runy proForly come befo~ the Council. Invocation war given by Father John ltangen. Sphitual Di~ctor of Wald~t High PROCLAMATIONS~Pfrst Week of December as "World AIDS Week" ~ceived by Dr. John Viner. Presentation of "Certificate of Aplxeciatiun" to City eml~oyce Jim RubeL Plaques to City employees with 25 yeats Ge ron~ of se~ice. (In inorarcent of 5 yeats) Council Member Kluesnar moved that the mica be suspended to allow anyone p~sunt to edde~s the Council if they so desi~. Seconded by Council Vcetherg. Carded by the following vc~: Yeas--Mayor Bredy, Council Members Dr~ch. Klueunar, Krieg, Nicholson, Pratt, Voetherg. Nays~None. Proof of Publication ceflified to by the Publisher on Notice of Public Heating to consider an Ordinance reclassifying Ixoporty located South of the in~'~sceilon of Cedar Cress Road and Crescent Ridge Drive from R-2 and AG to CS District, p~sented and ~ad. Tbe~ ~ no wri~n objections received and no m-al objectors present at the ~ of the hearing. Council Member Voethorg moved that the proof of publication be seceived and filed. Seconded by Council Memb~ Nicholson. Carried by the following vote: Yces~Mayor Brady? Council Members Dalch, Klceroer, IG-ieg, Nicholson, Pratt, Voatberg. Nays--None~ An Otdiunnce an~nding Zoning Drdi- nance by reclassifying property located South of the intersection of Cedar Cross Road and Crescent Ridge Drive from R-I Single-Family Residential District and AG Agtinultond Disuict to CS Commercial Ov~unnce having been in,seated and read at the Council Meeting of November 18. 1991, presenmi for final acfiun. (OFFICIAL PUBLICATION) ORDINANCE NO. $3-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDI- NANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSI- FYING HEREINAIq 1~,. DESCRIBED PROPERTY LOCATED SOUTH OF THE INTERSECTION OF CEDAR CROSS ROAD AND CRESCENT RIDGE DRIVE FROM R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT AND AG AGRICULTURAL DISTRICT TO CS COMblERCIAL SERVICB AND WHOLESALB DISTRICT NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1. That the Code of Ordinances of the City of Dubuque, lows, be arr~nded by sevising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from R-1 Single. Family Residential Disuict nnd AG Agricalturul District to CS Cornror~cial Service and Wholesale District, to wit: Erschun Place; Lot 2 of Lot 2 of Lot 3 of Mineaal Lot 233; Lot 2 of Lot 3 of Lot 2 of Mineral Lot 233; Lot 1 of 13 of Vailey View Heights at Center Orove; Lot 2 of 13 of Valley View Heights at Cunter Orove and Lot A of Valley View Heights et Center Grove, all in tho City of Dubuqce, Iowa, and extending to the center line of any abutting public ri~hi-of-way.