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1992 September Council Proceedings359 Regular Session, AuguSt 17, 1992 Ed Tschig5~© addressed tbe Couu~it xcga~diP~ their denial to an~nd the Itdien Dubequ~ Dfiw Planne, d IndusUial Disaict to allow development on ~ of parcel "B" which is currently designated open space. There being no f~ther business, Coundl lviemb~ Vnetberg moved to adjourn. Se~ceoded by Council Member Nagle. Canied by the following vote: yeas--Mayor Brady, Council Members Dcich, Khicsner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Meeting adjoin'ned at 8:3? Mary A. Davis //ffity Clerk Approved ~ 1993. Adopted Regular Session, September 8, 1992 360 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS P, egular Session, Tuesday. September 8, t992 Council Met at 7:30 p.m-. public l.ibrary Council Member Nagle moved tha~ the rules be suspended to allow anyone to speak if they so desire. Seconded by Council Member Kluesner, Carded by the following vote: yea~--Mayor Brady, Council Members Deter, Kluesner, Krieg, Nagle, Member Voetberg. proof of Publication certified to by the consider reclassifying properties on Tower Drive from PR to R-4 and properties on Tower Drive and Jaeger Drive for PR to District, presented and read. Tbem were no written objections received and no or~ objectors present at the time of tile lleaxing. Council Member Kluesner moved that file pr(x)f of publication be received and liled. Seconded by Council Member Nicholson. Carried by the following vote: Yeas~Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson. Nays-None. Absent-Council Member Voetbcrg. An Ordinance amending Zoning Ordinance by reclassifying prolv2rty located at 1410, 1430, 1450, 1470 Tower Drive mid Lot 2-1-1-2 of Tower lleights from PR Plaimed Residential District to R-4 Mulil- Fan~ly Residential District and 1560 Tower Drive and 2203, 2215, 2225, 223?, 2243, 2247 and 2285 Jaeger Drive from PR Planned Residential District to R-1 Single Family Residential District, said Ordinance having been presented and read at the Council Meeting of August 1'7, 1992, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 65-92 AN ORDINANCE OF TDE CITY OF DUBUQUE, IOWA PROVIDING TI!AT THE CODE OF ORDINANCES, CITY ()Ir DUBUQU 'E, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS TI~E ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER I)ESURltlED PROPI,;RTY LOCATEI) AT 1410, BEIti}t'[S I. ROM PR PLANNED RE.SIDI.;NTIAL DISTRICT TO R-4 MULTLFAMB.Y RESIDENTIAL I)ISTRICT AND 1560 TOWER DRIVE AND 2203, 2215~ 2225~ 2237, 2243~ 22,47 AND 2285 JAEGER DRIVE FROM PR PLANNED RESIDENtiAL DISTRICTTO R-I SINGLE FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known 359 Regular Session, August 17, 1992 Ed T~chiggffio ~l&~ssed the Council mg~ ~ dc~ ~ ~nd ~c ~n Du~q~ ~ve Pl~n~ ~dus~ Dis~ct ~ ~ow deviant on ~ of P~ "B" w~ch ~ c~nfly ~signa~ ~n s~. Th~ ~ no f~ bualness~ Coun~ Mem~ V~t~rg ~v~ to S~nd~ by ~u~il Mem~r Na~e. C~ by &e foHo~ng yom: y~--Mayor Bray, Coun~ Mem~rs Deich, ~ues~r, K~eg, Nagle, Nicholson~ Voet~rg. Nay,~None. Meeting adj~m~ ~ 8:57 p.n~ M~ A. Dad~ ~ity Clerk Ap~oved ~. 1~3. Regular Session, September 8, 1992 36O DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Auditorium. Present: Mayo~ Brmly, Council Members Deicb, Kluesner. Krieg, Nagle, Nicholson, Acting City Manager Mike Corporation Counsel Barry A. LmdahL Absent at Roil Call: Council Member Voc[bexg. Abscn[: Acting City Manager Stepbani lohnson. Mayor Brady read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Father Gene Kutsch, P~stor of St. Anthony's Catholic Church. Mayor Brady swore in Council Member Krieg as Mayor Pro-Tern. PROCLAMATIONS -- September as "Treatment Works Month" received by Mike Pratt; September 7-12 as "Union Label Week" received by Francis Giunm: September 13-20 as "Youth Leadership Week" received by Kamna Wilberdmg; September 18 20 a~s "Comtg,~sslonate Friends Days' received by Donald Phillips; arid Oclc, bcr 31st as 'Fuck or 'J rca[ Night' There was a presentation of Cemfieates of Appreciation to City Employees Debbie Earle and Doug Schlickmann. Council Member Nagle moved that the rules be suspended to allow anyone to speak if they so desire Se~mded by Council Member Kluesner. Caroled by the following vote: Yeas--Mayor B~rady, Courted Members Deich, Kluesner, Krieg, Nagle, Nicbolson. Nays--.None. Absent~ouncil Memtier Voctberg. Proof of Publication certified to by the Publisher on notice of pubfic heanng to consider reclassifying properties on Tower Drive from PR to R-4 and protx~rties on Tower Drive and Jaeger Drive for PR to R-1 District, presented and reed. There were no written objections received and no oral objectors present at the time of the llearing. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Couucti Mc. tuber N~cholson. Caxried by the R)llowing vot¢; Yeas--Mayor Brady, Council Members Dcicil, Klmsncr, Kdcg, Naglc, Nicholson. Ordinance by reclossifying property located AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING Ti!AT THE COI)E OF ORDINANCES~ CITY OF DUBUQUE~ IOWA, lie AMENDED BY REVISING APPENDIX A TIIEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1410, 1430~ 1450 ~ 1470 TOWER DRIVE AN]) LOT 2-1-12 OF TOWER HEIGHTS FROM PR PI,ANNED R ,ESIDEN'IIAL DISTRICT TO R-4 MULTI-FAMILY RES LDENTIAL DISTRICT AND 1560 TOWER DRIVE AND 2203, 2215, 2225, 2237, 2243, 2247 AND 2285 JAEGER DRIVE FROM PR PLANNED RESIDENTIAL DISTRICT TO R-1 SIN(;I,E FAMILY RESIDENTIAL DISTRICT. NOW, TI1EREFORE, BE IT ORDAINED BY TI{E CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by revising Appendix A thereoL also known 361 Regular Session, September 8, 1992 a~ the Zoning Ordlnanc~ of Ih~ City of Dubuque, Iowa, to reclassify hereinafter dcscaibed prope~] from PR Planned Residentini District to R-4 Multi-Family Residantini District, to wit: Lot 2 of Lot 1 of Lot I of Lot 2, LOt 1 of Lot 2 of Lot 2, Lot 2 of Lot 2 of Lot 2, Lot 2 of Lot 1 of Lot 2, and Lot 1 of Lot 1 of Lot 1 of Lot 2, all of Tower Heights, and to the center line of the adjoining public sight of way, all in tbe City of Dubuque, Iowa. Section 2. That the Cede of Ordlnance of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known aa the Zoning Ordinance of the City of Dubuque, Iowa, to r-~lassify hereinafter desesibed property from PR Planned Residential District to R-I Single Fantily Residential District, to wit: Lot I through and including Lot 8 of Jaeger Heights, and Lot 2 of Lot 1 of Tow~x Heights, and to the center line of the adjoining public sight of way, all in the City of Dubuque, Iowa. Section 3. That the foregoing amendment has beretofor~ been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 1992. JalT~S E. Brady Mayor Attest: Mary A. Davis City Clerk Published offidally in the Tetegra?h Herald newsl~per this 15th day of September, 1992. Mar~ A. Davis CMC It 9/15 City Cled~ Council Mem~ ~uesner mov~ fi~ ad~fion of ~e Ordinal. S~ond~ by Comet Mem~r Nichuls~. ~ by ~e folloMng vo~: Y~May~ Bray, Co.ell Mcm~ Ddch, ~uesuer, Nagle, Nicholson. Naya~None. Abmnt~oundl Mem~r V~t~rg. Pr~f of pubfi~fion ~fified to by ~e Publish~ on nofi~ of publin being to ~id~ ~l~sifying p~ny l~d ~t of Donov~ ~ve ~d SOu~ of C~ Drive from R-I W R-2 ~s~ct ~d p~f of pub~aon ~il~ to by ~e ~b~ber on no~ of pub~c h~ng ~ ~nd~r roeis~sifying property located South of Co~a Drive from R-I to R~2 Distsict, presented and read. There were no written objections received and no oral objectors present at the tin~ of the Hearing. Carl Burbach, 2409 LaVista Ct., r',.quested favorable rezoning. Council Member Kluesner moved that the proofs be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas~Mayor Brady, Council Members Dc%h, Kluesner, Krleg, Nagle, Nicholson. Nays--None. Absent--Council Member Voetberg. An Ordinance amending Zoning Ordinance by reclassifying properties located Scurf of Cora Drive from R-1 Slngle-Faniily Residential District to R-2 Two-Family Residential District, (larger area requested by applicant), said Ordinance having been presented and read at the Council Meeting of August 17, 1992, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 66-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF CORA DRIVE FROM SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter deacsibed proper~ from R-1 Single-Family Res/dent/al District to R-2 Two-Fan~ly Residential Dislrict, to wit; Lot 12 through and including Lot 21, Block 1, and Lots 17 through 19 mad Lot 21, Block 2, all of Sunset Park Seventh Addition, and to the center line of the adjoining public right-of- way, all in the City of Dubeque, Iowa. Regular Session, September 8, 1992 362 Section 2. That fl~ foregoing amendrc~nt has bemtoforo been n:vlewad by ~e ~ng Co~ssion of ~c City of Dub~ue, low~ P~s~, appmv~ ~d ad~ ~b 8~ &y of ~ptem~r, 1992, l~s E. BrMy Mayo~ Attmt: M~y A. Davis Uity Clerk Published officially in the Telegraph Ilerald newspaper this 15th day of September. 1992. Mary A. Davis CMC 1 t 9/15 City Clerk Council Member Klueaner moved final adoption of thc O~dinancc. Seconded by Council Member Nagin. Carried by the following vote: Yeas~Mayor Brady, Council Members Dcich, Klucsncr. Kfieg, Nagle, Nicholson, Nays--None. Absent-q2ouncil Member Voetberg. Proof of publication certified to by the Publisher on notice of public hearing to consider reclassifying properties located on the West of Windsor Avenue and East of Liberty Street from R-4 to PR and adopting a Conceptual Development Plan, presented and read, There were no w-ntten objections received and no oral objectors present at die time of the lleanng, Council Member Kinesner moved that the proof of publication be received and filed. Seconded by Council Mmnber Nicheison. Carried by the following vo~e: Yeas---Mayor Brady, Council Members Dcich, Klucsner, Kfieg, Nagle, Nicholson. Nays--None, Absent Council Member Voetberg. Pa[ Friedman, 841 Stonetidge Pl., requested favorable rezoning. Mike Olson, ProI. Mgr. of Planning Assoc,, inc., advised of plans fox projec~ Corrmmnication of Michael W. Olson, Project Manager of planning Associates, inc. requesting vacation of a 60 fL drive easement and a 10 ft. utility e~ement located west of thc Alvemo Apartments, presented and mad. Council Member Kluesner moved that the communication be referred to the City Manager and Staff. Seconded by Council Member Nicholson. Carried by the following vote: yeas--Mayor Brady, Council Members Dblcb, Kluesner, Krieg, Nagle, Nichotson. Nays~None~ Absent~ouncil Member Voetberg. An Ordinance amending Zoning Ordinancx by reclassifying properties located on th* West of Windsor Avenue and East of Liberty SUe. et from R-4 Multi-Family Residential District to PR Planned Residential Dis~ct and Adopting a Conceptual Development Plan, said Ordinance having been presented and read at the Council Meeting of August 17, 1992, presente~ fo~ final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 67-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROViDING THAT TliE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, M.SO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQU~ IOWA BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON WEST OF WINDSOR AVENUE AND EAST OF LIBERTY STREET FROM R-4 MULTI-FAMILY RESIDENTIAL DISTRICT TO PR PLANNED RESIDENTIAL DISTRICT AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN. Whereas, Michael W. Olson, applicant, has filed a Conceptual Developrr~nt Plan for hereinafter described property in accordance with provisiol~s of the PR Planned Residential lhs~ct regulations aa set forth in Section 34.6D of the Code of Ordinances, Appendix A thereof, of tile City of Dubuque, Iowa; :md Whereas, file Zoning Conu~fission has held a public heaaang on said zoning reclassification ~nd conceptual development plan pursuant to required published notice; and Wherea& the Zoning Comnfission has approved said zoning reclassification and conceptual development plan subject to specific conditions and restrictions having found that said Plan conforms ,anth 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 concurrence of the City Council in approval of said zoning 363 Regular Session, September 8, 1992 reclassification and conceptual development plan; and Whereas, tho Cily Council has received the recommendation of tbe Zoning Commission sad held its own public heauing on said zoning reclassification and conceptual development plan pursuant to required published notice; and Whereas, the City Council has approved said zoning reclassification mai conceptual development plan subject to the same specific conditions and restrictions. NOW, TIIERI~ORE, BE IT ORDAINED BY TIll*. CITY COUNCIl. OF TIIE CITY OF DUBUQUE, IOWA: Section L That in order to accomplish thc purposes of the "PR Planned Residential Dis~alct" of the Zoning Ordinance of the City of Dubuque, Iowa, the zoning reclassification from R-4 Multi-Family Residential Distrot to PR Plannnd residential Distrnt and attached conceptual development plan, a copy of which is attached hereto and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 1 of Lot 1 of Lot 3 and Lot 3 of Lot I of Block 7 in Phase 1, all in Stonehiil Community Subdivision No. 1. in the City of Dubuque, low~. Section 2. 'llmt in order to accomplish the purposes of tho "PR Plaancd Residential Distrnt' and of the Zoning Ordinance. the property herein above described is subject to the following conditions and restrctlons: A.~ The following regulations shall apply to all uses made of land in the above described Planned Residential District: 1) principal permitted uses shall be limited to twenty-four (24) condominium dwethng units for elderly housing. 2) No secondary or contingency uses shall be permitted. 3) Accessory uses shall inclnde any use customarily incidental and subordinate to the principal use it B. Lot and Bulk Regulations Development of land in this PR Planned Residential Distrot shall he regulated as follows: 1) All buildings, structures and activities shall he located in conformance with the attached Conceptual Developngnt Plan and all Final Site Development Plans ~re to be approved in accordance with the provisions of the PR Planned Residential District regulations. C. Performance Standards ~'he devalopment and maintenance of uses in this PR Plamted Residential District shall be established in conformance with the following standanls, as well as with the regulations of Section 3-1,6 of the PR Planned Rcsidentinl Distret: 1) The phasing of the development shall occur as described on the attached Conceptual Development Plan, with all site improvements to he completed for each ph~c. 2) A private street mc~fing City specifications is to be constmnted by the developer. A final subdivision plat shall be submitted and approved prior to construction of any dwelling units. 3) Street lighting shall be provided per City standm'ds. 4) l,andscaplng as noted on the attached Conceptual Development Plan shall be installnd around each two-unit complex when that complex is completed. Final Site Development Plans must indicate exact location and type of species to he installed. 5) Fifty-eight (58) off sheet parking spaces shall be provided as shown on ~ thc mtached Conceptual Dcvclnpment Plan. 6) All utilities including telephone and cable television shall bo installed underground. 7) A final site development plan shall be submitted in accordance with Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa prior to each construction phase as descrihelt;on the attached conceptual development plan. No further grading, excavating, or other land disturbing activity may occur before a final site plan is approved. 8) Sidewalks shall be provided within the proposed development. Regular Session, September 8, 1992 364 D. O en_.~.~mce and Recreational Areas Those areas not designated on the Conceptual Devhiopn~nt plan for development shall be maintained as open space, ~ defined by Section 8 of the Zoning Ordinance of tho City of Dubuque, Iowa, by the property owner and/or association. E. Si~n R~ulations The sign regulations shall be the same as that which am allowed in the R-4 Malti- Family Residential Distrct as established in Section 4-3.11 Schedule of Sign Regulations in the Zoning Ordinance of the City of Dubuque, Iowa. F. Additional Standards The Conceptual Development Plan shall be valid for a period of seven years provided a Final Site Development Plan for Phase I is submitted within one year from the date of approval and each additional Final Site Development Plan for Phases II - IV is submitted within the fim~ frame as proposed on the attached Conceptual Development Plan. G. Transfer of Ownershi_R 'lkansfer of ownership or lease of property in this PR Planned Residential Distrct shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. Passed, approved and adopted this 8th day of September, 1992. James E. Brady Mayor Attest: MayA. Davis City Clerk ACCEPTANCE OF ORDINANCE NO. 67-92 1, the undersigned, Robert L. Niebauer, President of Planning Associates, Inc. having read the ton'ns and conditions of the foregoing Ordinance No. 67-92 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required thercin. Dated in Dubuque, Iowa this 21st day of October, 1992. By/s/Robert L. Neibauer, Pcesident Planning Associates. Inc. Published officially in the Telegraph Herald newspaper this 28th day of October, 1992, May A. Davis CMC It 10/28 City Clerk Council Memher Kluesner moved final adoption of tho Ordinance. Seconded by Council Momher Nicholson. Carried by tho following vote: Yea.v--Mayor Brady, Council Members Dalch, Kluesner, Krieg, Nagle, Nicholson. Nays--None. Absent--Council Member Voctberg. Proof of publication certified to by the Publisher on notice of public hearing to consider a text amendment to tho zoning ordinance providing for a definition for indoor msnturant and ddvedn/carryout restaurant, presented and read. There were no objections recdived and no oral objectors presant at the time of the Nearing. Council Member Nagle moved that the proof of publication bo received and filed. Seconded by Council Member Kluesner. C.a~ed by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Krieg, Nagle, Nicholson. Nays--None. Absent--Council Member Voetherg. An Ordinance amending Zoning Ordinance by amending Section 8 definitions by repealing and enacting, in lieu thereof, a definition for Indoor Restaurant and Drive- in/Carryout Restaurant, said Ordinance having been presented and read at tho Council Meeting of August 17, 1992, pro~onted for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. g8-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT TIlE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY AMENDING SECTION 8 DEFINITIONS BY REPEALING AND ENACTING~ IN LIEU THEREOE~ A DEFINITION FOR INDOOR RESTAURANT AND DRIVE~IN/CARRYOUT RESTAURANT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section l. That the Cede of Ordinances of the City of Dubuque, lowa, is hereby amended by amanding Section 8 Definitions by repealing and or, acting, in lleu thereof, a 365 Regular Session, September 8, 1992 definition for "index' restaurant" and "drive- in/canyout restaurant", as follows: "Restaurant, drive-in/carryout: Any business establishment or Ix~rfion thereof where food is prepared for sale for consun~fion off the promises and/or served in disposable ccmniners or wrappers, including all fast food rcs~urants cqdipped with a drive-through and not soxving beer, wine or alcoholic beverages. "Restaurant, indent: Any business establishment or portion thereof where food is prepared for sale for consumption on the premises, including all sit down restaurants, whom food and beverage are served in non-disposable containers and which may involve carryout service and the serving of beer, wine and alcohoBc beverages on the premises of a limited nature ag an accessol~t uso to tho restaurant, as defined in Section 8, Passed, approved and adopted this 8th day of September, 1992. James E. Brady Mayor Attest: ~ Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 15th day of September, 1992. Mary A. Davis CMC It 9/15 City Clerk Council Member Naghi moved final adoption of tho Ordlnanc~. Seconded by Council Member Kluesner. Carried by the foBowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Krieg, Nagle, NicholsOn. Nays--None. Absent---Council Member Voetberg. Communication of Jeffrey Walters to make a presentation regarding our Sister City in Pyafigorsk, Russia and requesting Council to dlsbur~e tho previously approved funds to de,ay the cost of hosting a delegation from Pyatigorsk, presented and read. Council Member Krieg moved that the communication be recdved and fried. Seconded by Council Member Naglc. Carried by the following vote: Yeas--Mayor Brady, Coundl Members Dcich, Kluesner, Krleg, Nagle, Nicholson. Nays--None. Absent--Council Member Voetbevg. Council Member Deich moved further that the funds he released for tho Sister City hosting expenses. Seconded by Council Member Krieg. Carded by tho following vote: Yeas--Mayor Brady, Council Members Deich, Klucsnor, Kficg, Nagle, Nichdison. Nays--None. Absent--Council Member Voetherg. An Ordinance amending Code of Ordinances by adopting in Ban thereof a now Section 15-23 providing for the mcmhershlp, vacancies, and qualifications of tho Housing Commission, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 69-92 AN ORDINANCE AMENDING SECTION 15-23 OF THE CITY OF DUBUQUE CODE OF ORDINANCES RELATING TO MEMBERSHIP, VACANCIES, AND QUALIFICATIONS FOR THE HOUSING COMMISSION, BY REPEALING SAID SECTION AND ADOPTING IN LIEU THEREOF A NEW SECTION 15-23 PROVIDING FOR THE MEMBERSHIP, VACANCIES, AND QUALIFICATIONS OF THE HOUSING COMMISSION. Whereas, the City Council of the City of Dubuque, Iowa, by Ordinance No. 53-92, increased the membership of thc Housing Commission from seven (7) members to nine (9) members; and Whereas, the City Council now desires to provide for staggered terms for thc appointment to the newly created positions on the Housing Commission. NOW THEREFORE. BE IT ORDAINED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE AS FOLLOWS: Section 1. Section 15-23 of the City of Dubuque Code of Ordinances is hereby repealed, an~t the following new Section 15- 23 is hereby/adopteA in lieu thereof: Section 15-23. Membership; Vacancies; Qualifications. (a) Tho Housing Commission shall be comprised of a membership of nine (9) (b) Current Commissioners whose terms expire August 17, 1993, shall continue to serve until such time, or until a successor is duly appointed. Three (3) Conmaissioners Regular Session, September 8, 1992 366 shall be appcdnted for an initial te~n of Bvo (2) yea~s, and ~ O) Com~ssionen s~ ~ ap~n~ for ~ inifi~ ~rm of ~ (3) ye~s. ~1 su~cquent ap~n~n~ sh~ ~ for a ~rm of ~ (3) y~, ~ until a su~s~r is d~y a~in~ (c) Vacancy cat,ed by death, sosignation or otherwise on fi~ Commission shall be promptly filled by the City Council for the unexpired term of office. (d) At least three O) members of thc Commission shall be selected specifically on thc basis of expcsicnce in real estate development, banking, finance, accoanilng, funds management or other related areas of cxparti~e. Passed, approved and adopted this 8th day of September, 1992. Attest: Mary A. Davis City Clerk James E.. Brady Mayor Published officially in the Telegraph ilerald ncwspapar this i5th day Scptcmbch 1992, Mary A. Davis CMC It 9/15 City Clerk Council Member K~eg moved that this be considered thc first reading of the Ordanance, and that the requirement that a proposed Ordinance be considered atul w)ted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and fl~rther moved ritual adoption of the Ordinance. Seconded by Council Member Naghi. Carded by the following vote: Yeas~Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson. Nays--None, Absent~ouncil Member Vcetberg. BOARDS AND COMMISSIONS: Appointments to Housing Commission - Now a nine member Comnilssion: Six 3- year terms which will expire 8-17-95 (Terms of Busch, lsenhart, Clark, Oneyear + 2 new ones). Also 3 members shall be selected specifically on experience in real estate development, banking, finance, accounting funds management or other related areas of expertise. Applicants: 1snot Busch, Wm. Cagahan, Ruth Ada Clark. Ann Coakiey, Peggy Connolly, John D. Davis, James E. Geisen, Carl IIeatheote, Eugene Niday, Dennis Oneyeur, Luana Peary, Timothy J. Puls, James Stock, Wm. Thomas. Vote on the appointments was as follows: Three year appointees: Mayor Brady voted for Clark, Gcison, and Steck. Council Member Deich voted for Busch, Geisen, and Stock. Council Member Kluesner voted for Clark, Heathcote, and Oneyear. Council Member Krieg voted for Busch, Geisan, and Oneyear. Council Member Nagle voted for Clark, Oneyear and Stock. Coancll Member Nichotaon voted for Clark, Gcisca, and Stock. Council Member Voetherg - Absent. Therefore, Ruth Clark, Jarces Gcisen and James Stock appointed for three year terms on the Housing Commission which will expire 8-17-95. Second vote for two years terms on the Housing Commission was as follows: Mayor Brady voted for Busch, Coaldey and Oneyear. Council Member Deich voted for Busch, tleathcote and Oneyear. Council Member Kluesner voled for Busch, Heathcote, and Oneyear. Couned Member Krieg voted for Busch, Oneyear, Coakley. Council Member Nagle voted for Busch, Connolly mid Oneyear. Council Member Nicholson voted for Busch, Coakley, ~d Oneyear. Council Member Voelberg - Absent. Therefore, Janet Busch, Dennis Oneyear and Ann Coaldey appointed to two year terms on the llousing Comrrfission which will exDre 8-17-94. Appointments to newly established Housing Commission Trust Fund Committee - t:ive members on Comnfission: three fix)al tIousing Comm. and two flora the Public; One term which will expke %8- 93 and two tern which will expire 9~8-94. Applicants: Wm. Ca}laban. Eldon Ilemg & Peggy Connolly. Council Member Deich moved ilmt thi~ matter be tabled to October 5, 1992. Seconded by Council Member Khiesner. Vote on the motion was as follows: Yeas~Council Member Deich, Khiesner. Nays--Mayor Brady, Council Member Kriag, Nagle, Nicholson. Motion failed. First vote: Mayor Brady voted for ticmg & Connolly. Council Member Deich voted for Cnilahan and Herrig. Council Member Kluesn~ voted for Callahan and lterclg. Council Member Krieg voted for Callahan and tterrig. Council Member Nagle voted for Callahan and Connolly. Council Member Nichol~on voted for Callahan and tlerrig. Council Member Voetherg - Absent. Therefore, Eldon Herrig appointed for a three year term to expire 9-8-95 and Wm. 367 Regular Session, September 8, 1992 Caliahan appoin~A for a two year term which will expire 94-94. Council Member Nicho~son furtbe~ move~l that the Housing Conm~ssiou is to contact Commi~sionars who will serve in the other three slo~s un ~his Commis~on and table this maoer ~o the meeting of 10-5-92. Seconded by Council Member Krieg, Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Khi~ner, Kring, Nagln, Nicholson, Nays--Norm. Absent-*-CunncB Member Vuetberg. Appointments to newly established Investment Oversight Committee: Three m~mbers with knowledge about investments and finance but with no affiliation with a firm which does now or may in the future provide inves~nunt or financial services to the City, One one-y~ar term to expire 93; One two-year term to expire 94-94; One three-year term to expire 9-8-95. Applicants: Terry Duggan, Thomas Qulgg. Vote on tho three year term: Mayor Brady voted for Duggan; Council Member Delch voted for Daggan; Council Member Kluesnor - Abstain; Council Member Krieg voted for Duggun; Council Member Naglo voted for Duggun; Council Member Nicholson voted for Duggan. Council Member Voetberg - Ab~unt. Therefore, Tor~ Duggan appointed to the three year term on the Investment Oversight Commission, which will expire 9- 8-95, Council Member Deich moved that Thomas Quigg be appointed to the two year term which will expire 9-8-94. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kring, Nagle, Nicbolson. Abstaln--Counall Member Kluesner. Absent--Council Member Voetberg. Terry Duggun advised of his resignation from the Zoning Board of Adjustment. Council recessed at 9:25 p.m.; Council reconvened at 9:48 p.ro. Ric Jones, of Fire D~parL~ent' to make short presentation on recentiy purchased ambulance for the City of Dubuque. Mr. Jones stated the purchase price was $57,000 and expressed appreulation for support to the Fire Departruent. Communication of Acting City Manager rcconur~nding to award the contract for tile construction of the Rivendew Park Rest Room/Shower Project and approve tho DRA, presented and read. Council Member Nagle moved that the communication bo received and Filed. Seconded by Council Member Kdag. Carried by the following Members Dulch, Kluesuer, Kfieg, Nagle, Nicholson. Nays--None. Absent---Council RESOLUTION NO. 285-92 RESOLUTION APPROVING SANITARY SEWER MAINTENANCE AGREEMENT WITH THE DUBUQUE RACING ASSOCIATION ALLOWING CONNECTION TO SEWER AT DUBUQUE GREYHOUND PARK Whereas, the City Council of the City of Dubuque, Iowa, has given its approval in the FY 1993 Capital Improvement Program budget for construction of a rest room/shower facility at Riverview Park; and Whereas, in order to provide sanitary sewer for the rest room/shower facility it is necessary to connect to the sewer system at the Dubuque Greyhound Park; and Whereas, a maintenance agreement has been reached with the Dubuque Racing Association allowing for this connection; and Wheseas, accordingly the following action approving the maintenance agruen~nt is now consideae, d to be in the best interest of the City and residents thel0eof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the mainlenunce agreement between thc City of Dubuque and the Dubuque Racing Assooimion allowing for the Riverview Park rest room/shower faciilty to connect to thc sanits~y sewer at tho Dubuque Greyhound Park, such agruewent which i~ attached, is hereby approved and the Mayor and City Clerk are hereby authotized and directed to execute said maintenance agruement in behalf of the City of Dubuque. Regular Session, September 8, 1992 368 Passed, approved and adopted this 8th day of September, 199Z James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Kricg. Canied by tho following vote: Ye~s--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson. Nays--None. Absent--Council Membo' Voetberg. RESOLUTION NO. 286-92 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the RIVERVIEW PARK REST ROOM/SHOWER PROJECT pursuant to Resolution No. 255-92, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 24th of July, 1992; and Whereas, said sealed proposals opened and read on the 1 lth day of August, 1992, and it has been determined that the hid of KLUCK CONSTRUCTION COMPANY in the amount of $227,418, was the lowest bid for the furnishings of all labor and materials and performing the work es provided for in the plans and specifications. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That tile contract for thc above improvement be awarded to KLUCK CONSTRUCTION COMPANY and thc Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for tho complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and thc approval of the contractor's bond, the City Treasurer is authorized and instructed to return thc bid deposits of thc unsuccessful bidders. Passed, approved and adopted this 8th day of September, 199Z James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Naghi moved adoption of the Resolution, Seconded by Council Member Kricg. Carried by the following vote: Yeas---Mayor Brady, Council Members I~ich, Kluesner, Krieg, Nagle, Nichol~on. Nays--None. Absent---Council Member Voetbe~g. Council Member Dirk Vo~tberg entered the Chambers at 10:14 p.m. Communication of Acting City Manager submitting resolution increasing tho Kcyline student fares from $.45 to $.60, and a RESOLUTION Adopting a $.60 Student Fmc for the Keyline Transit System, presented and mad. Harry Bemis, Chairperson of the Tramit Bd., spoke requesting to keep faro at 45 cents for students. Council Membar Klu~sner moved to receive and file the communication and adopt the Resolution. Seconded by Council Member Nicholson. Vote on the motion was as follows: Yeas--Mayor Brady. Council Members Klucsncr, Voetberg. Nays--Council Members Deich, Krieg, Naghi, Nicholson. Motion failed. Communication from Acting City Manager submitting a Citizen Participation Plan O'be "Plan") for the Community Devalopracnt Block Grant (CDBG) Program (deferred at meeting of 8-17-92), and communication of Council Member Voetbeeg submitting his written comments regarding approval of Cidzen Participation Plan, presented and mad. Council Member Naghi moved that thc communications be received and filed. Seconded by Council Member Vcctbe~g. Carried by the following votu: Yc~s--Mayor Brady, Council Members Dcich, Kluesner, Kring, Nagic, Nicholson, Veetberg. Nays--None. Elizabeth Mihalakis, 1156 Jackson, spoke citing appreciation to Council and Staff for tim~ and effort put into this plan. 367 Regular Session, September 8, 1992 Callahan appointed for a two year term which will expfr~ 9~8-94. Council Member Nicholson further moved that the Housing Commission is to contect Commimio~rs who will serve in the other tin'ee alots ~u this Commission and robin this matter to thc meeting of 10-5-92. Socomied by Council Member Kring. Carried by the following vote: Yeas---Mayor Brady, Council Members Ddch, Klue~ncr, Faing, Nagle, Nicholson. Nays--None. Absent--Counall Member Voetberg. Appulntmems to newly ~tabllshed Investment Overnight Committee: Thm~ membem with ~owi~gc a~ut inv~en~ ~d tin.ce but M~ no ~afion M~ a fi~ w~ch d~s now ~ ~y in ~e fut~ provide inves~nt or fin~ se~i~s ~ · e ~ty. One one-y~ te~ to cx~rc 9-8- 93; One ~ye~ term to expi~ 9-8-94; One Te~ Dngg~, Tho~ Q~gg. Vo~ on ~e · r~ ye~ te~: ~yor Brady vot~ for Du~; Coun~l Mem~r ~ich voted for Du~; Co~fl Mem~ ~s~r - Abs~ Co~cfl Mem~r Kfing vo~ for Du~; Coun~ Mem~r Nnglo vo~ f~ Du~; Coun~ Mem~r Nichoison vo~ for Dugg~. ~uncfl Mem~r V~t~rg - Ab~nC Th~ef~e, Te~ Dugg~ a~in~ Ov~sighi Co~ssion, w~ch ~ll exp~ 9- 8-95. Council Member Deich moved that Thomas Qulgg be appointed to thc two year term winch will expire 9-8-94. Seconded by Council Member Krieg. Carried by the following vote: Ye~--Mayor Brady, Council Members Deinh, Kfieg, Nagie, Nichol~on. Al~tain--Council Member Klcesner. Absent--Council Member Vo~tberg. Tency Duggan advised of his resignation from the Zoning Board of Adjustment. Coancfl recessed at 9:25 p.m.; Council reconvened at 9:48 p.m. Ric Jones, of Fire Department, to make short presentation on ~cenfly purchased ambulance for the City of Dubuque. Mr. Jones stated thc purchase price was $57,000 and expressed appreciation for support to the Fire Departmcnt. Coramunication of Acting City Manager Room/Shower Project and approve the Nagie moved that the communication be received and filed. Seconded by Council Member Kring. Carried by thc following Members Dcieh, Kluasncr, Kricg, Nagie, Nicholson. Nays--None. Absent---Council Member Voetherg. RESOLUTION NO. 285-92 RESOLUTION APPROVING SANITARY SEWER MAINTENANCE AGREEMENT WITH THE DUBUQUE RACING ASSOCIATION ALLOWING CONNECTION TO SEWER AT DUBUQUE GREYHOUND PARK Wbereas, thc City Council of thc City of Dubuque. Iowa, ha~ given its approval in the FY 1993 Capital Improvement Program budget for construction of a rest room/shower facility at Riven~iew Park; and Where0z, in o~d~ to provide sanitary sewer for thc rest room/showar facility it is necessary to connect to thc sewer system at thc Dubuque Greyhound Park; and been reached with the Dubuque Racing Asmciation allowing for this connection; and Whereas, accordingly thc following action approving thc maintenance agreement is now considered to be in thc best interest of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY TtlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That tho maintenance agrcement between thc City of Dubuque and the Dubuqu~ ~Racing Association allowing for thc Riverview Park rest room/ shower facility to connect to thc sanitary sewer at thc Dubuque Grcyhoued Park, such agreement which is attached, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to cxecute said maintenance agreement in behalf of the City of Dubuque. Regular Session, September 8, 1992 368 passed, approved and adopted this 8th day of September, 1992. James E. Brady Mayor Atteat: Mary A. Davis City Clerk Council Member Nagin moved adoption of thc Resolution. Seconded by Couvmll Member Kring. Canled by the following vote: Yeas~Mayor Brady, Council Members Dcich, Klcesanr, Krieg, Nagie, Nicholson. Nays---None. Absent---Council Member Vcetberg. RESOLUTION NO. 286-92 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for thc RIVERVIEW PARK REST ROOM/SHOWER PROJECT pursuant to Resolution No. 255-92, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 24th of Iuly, 1992; and Whereas, said sealed proposals weae opened and read ou the llth day of August, 1992, and it has been determined that the bid of KLUCK CONSTRUCTION COMPANY in the amount of $227,418, was the lowest bid for the furnishings of all labor and materials and performing tho work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to KLUCK CONSTRUCTION COMPANY and thc Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTIIER RESOLVED: That upon the signing of suld contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return thc bid deposits of the unsuccessful bidde~. Pasaed, approved and adopted this 8th day of September, 199Z James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Re~niation. Seconded by Council Member Krlcg. Canled by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagie, Nichoison, Nays--None. Absent---Council Member Voetberg. Council Member Dirk Voetberg entered thc Chambers at 10:14 p.m. Communication of Acting City Manager submitting resolution tho'easing thc Keyline student fares from $.45 to $.60, and a RESOLUTION Adopting a $.60 Student Fare for the Keyllne Transit System, presented and scad. Harry Bemis, Chairperson of the Transit Bd., spoke requesting to keep fare at 45 c.~nts for students. Council Member Kluesner moved to receive and file the communication and adopt the Resointion. Seconded by Council Member Ninholson. Vote on the motion was as follows: Yeas--Mayor Brady, Council Members Klucsner, Voctberg. Nays~ouncfl Members Deich, Kfieg, Nagie, Nicholson. Motion failed. Communication from Acting City Manager submitting a Citizen Participation Plan (The "Plan") for the Community Development Block Grant (CDBG) Program (deferred at meeting of 8-17-92), and communication of Council Member Voetherg submitting ins written conunents regarding approval of Citizen Participation Plan, presented and read. Council Member Nagle moved that the communications be received and filed. Seconded by Council Member Voetbevg. Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluasner, Kfieg, Naghi, Nichoison, Voetberg. Nays--None. Elizabeth Mthalakis, 1156 J~ckson, spoke citing appreciation to Council and Staff for time and effort put into this plan. Regular Session, September 8, 1992 369 RKSOLUTION NO. 287-92 RESOLUTION APPROVING A CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Wbe~a$, under provisions of Title 1 of the Housing and Community Development Act of 1974, aa amended, the City of Dubuque has received Community Development Blo~k Grant funds for the purpose of developing and pre~enfng a viable community, by providing dacent housing, suitable living environmants and expanded economic opportunities, principally for persons of low and moderate income; and Whereas, the Act requires the development of a Citizen Pal~icipation Plan to support and encourage citizen participation in the Community Development Block Grant program; and Whereas, the Plan provides for the establishment, by ordinance of the City Council, of a Community Development Commission whose primary purpose shall be to provide for citizen pa~'dcipation in the development and evaluation of the City of Dubuque's Community Development Elo~k Grant program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Community Development Block Grant (CDBO) Citizen Participation Plan is approved. Section 2. That previously approved Citizen Participation Plans are hereby rescinded. Section 3. That the Acting City Manager be and she is hereby directed to have prepared for City Council consideration an ordinance establishing a Community Development Commission in acec~dance with the adopted Citizen Participation Phin. passed, approved and adopted this 8th day of September, 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Vontbevg, Caeded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Krleg, Nagle, Nicholson, Voetberg. Nays---None. Communication from Acting City Manager presenting an amendment to the Statement of Community Development Objectives and Projected Use of Funds for the CDBG 1992 Program Year, presented and read. Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Kinesnet. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Kfieg, Nagle, Ninholson, Voethe~g. Nays--None. RESOLUTION NO. 288-92 RESOLUTION AUTHORIZING THE FILING OF AMENDMENT NO. 1 TO THE STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT 1992 PROGRAM YEAR Whereas, under provision of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared m~d filed a Statement of Community Development Objectives and Projected Uso of Funds for the Community Development Block Grant 1992 Program Year ("Statement") on December 1, 1991; and Whereas, the City of Dubuque now desires to amend said Statement to recognize a change in objectives, an increase in projected revenues, and changes in proposed activitie&; and Whereas, the Department of Community and Economic Development has prepared a 1992 Program.~ear Statement of Community Development Objectives and Projected Use of Funds Amendment No, 1, a copy of which is attached hereto and made a part hereof; and Where,, a public hearing was held on the proposed Amendment on May 12, 1992, at which time the public was provided an opportunity to comment on the p~op~sed Regular Session, September 8, 1992 370 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sendon 1. That tho attached Program Year 1992 Statement of Community Devniopruent Objectives ~nd P~jected Use of Funds Amendrc~nt No. 1 is hereby adopted and the Statement filed on December 1, 1991, is hereby rescinded. Section 2. That tho Mayor is hereby authorized and directed to execute all documentation necessa~ to the filing of the Amended Statement with the U.S. Departrc~nt of Housing and Urban Development. Section 3. Thnt the Acting City Manager is hereby authorized and directed to submit the Program Yeax 1992 Statement of Community Development Objectives mid Projected Use of Funds Amendment No. 1 to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 8th day of September, 1992. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Naghi moved adoption of the Resolution. Seconded by Council Member Kluesuer. Carded by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kfiog, Nagle, Nieholson, Voetberg. Nays~None. Communication of Acting City Manager reconm~nthng denial of n~quest of homeowners on Concord Court for the addition of various traffic control signs and warning signs, presented and read. Alex Allesandra, 1084 Conc~d Ct., spoke to communication requesting reconsideration on motion to concur with denial. Council Member Kluesner moved that the communication be received and filed and fmther directed stopping at secondary su'eet with Marion Snreet as a through street. Seconded by Coundl Member Nieholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Kfieg, Nagin, Nichol~on, Vootbe~g. Nays---None. Communication of Acting City Manager mconm~ndiog two stop signs bo installed aaseciated with ll~ opening of the next phase of U.S. 61 and the on and off-ramps at U.S. 61 at llth Street, presented and read. Coaneil Member Kinean~ moved that the communication be menivnd and filed. Secondnd by Council Member Nagin. Carried by the following vote: Yeas--Mayor Brady, Coundl Members Deieh, Kluesnea', Ksieg, Nagle, Nicholson, Voetbevg. Nays--None. An Ordinance amending Code of Ordinances by modifying subsection (b) of Section 32-214 thereof providing for tho addition of stop signs on Eleventh Street at the on-ramp to U.S. 61 and Ordinance No. 71-92 amending Cede of Oflinances by revising subsection (b) of Section 32-213 thereof providing for the change of through street designation for Eleventh Street to accommodate U.S. 61 on- and off-rampe, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO.70-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS ON ELEVENTH STREET AT THE ON-RAMP TO U.S. 61 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Eleventh Stxeet to Subsection (b) of Section 32-214 thereof as follows: "See. 32-214. Stop Intersections. (b) WESTBOUND Eleventh Street and U.S. 61 on.ramp, Passed, approved and adopted this 8th day of September, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk 371 Regular Session, September 8, 1992 Published officially in the Telegraph Hzrald newspapra' this 15th day of September, 1992. Mary A. Davis CMC It 9/15 City Clerk Council Member Kluesncr moved that this be considcacd the tint reading of tho Ordinanee, 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 they are to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Nagle. Carried by the following vote: Yees---May~x Brady, Council Members Deich, Kiecsner, Kring, Nagle, Ninholson, Voetberg. Nays None. (OFFICIAL PUBLICATION) ORDINANCE NO. 71-92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SUBSECTION (b) OF SECTION 32-213 THEREOF PROVIDING FOR THE CHANGE OF THROUGH STREET DESIGNATION FOR ELEVENTH STREET TO ACCOMMODATE U.S. 61 ON- AND OFF-RAMPS 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 Eleventh Street from Subsection (b), of Section 32-213 thereof as follows: "Sec. 32-213. EntefingThrough Streets. (b) Eleventh Street, east, from the east property line of Centsal Avenue to the west property line of Korpar Boulevard. Section 2. That the Cede of Ordinances of the City of Dubuque, Iowa be amended by adding Elevetith Sheet to Subsection (b) of Section 32-213 thereof ~s follows: "See. 32-213. Entering Through Streets. (b) Eleventh Stseet, e~t, from the west property line of Kerper Boulevard to the east property tine of the U.S. 61 on-ramp and from the west property line of the U.S. 61 on-ramp to the east property line of Central Avenue. Passed, approved and edopted this 8th day of September, 1992. James E, Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 15th day of September, 1992. M~xy A. Davis CMC It 9/15 City Clerk 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 meetings prior to the meeting at which they are to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddch, Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays~None. Communication of Acting Ciiy Manager requesting further direction regarding installation of txaffic signals at intersection of 3rd & Main Streets, presented and read. Council Member Nicholson moved that the communication be ~eceived and filed and farther directed to proceed with signals and do recommended changes on one comer. Seconded by Council Member Nngle. Canted by the following vote: Yeas--Mayor Bredy, Council Members Deich, Kluesner, Nnghi, Nicholson. Nays--Council Members Krieg, Vootberg. Verbal petition of Council Members Naghi and Nicholson requesting to ]reconsider action taken at meeting of August 17, 1992 regarding the request of Edward Tschiggfrie providing for the amendment of Ordinance No. 17-84 and Ordinance No. 2- 91 which ordinance established and amended Jalien Dubuque l~five PI Planned Industrial District, presente~ and read. Council Member Nicholson moved to reconsider action taken on 8-17-9Z Seconded by Council Member Nngle, Carried by the fofiowing vote: Yeas---Council Members Kluesner, Krieg, Nagle, Nicholson. Nays~Mayor Brady, Council Members Duich, Voetberg. Council Member Ninholson moved to concur with dehiul. Seconded by Council Member Nagle. Veto on the motion was as follows: Yeas--Mayor Brady, Council Member Deich, Vcctberg. Nays--Council Regular Session, September 8, 1992 372 Members Kluesner, Kfieg, Nagle, Niehulson. Motion failed, Council M~nb~ Nngin moved to reconsider Motion "B" (waiving of rules, three re~ings, final adoption of proposed Ordinance). Seconded by Council Member Nicholson. Carried by the following vote: yeas--Council Members Kluesner, Kring, Naglo, Niehulson. Nays---Mayor Brady, Council Members Dutch, Voetberg. Council Member Nngle moved that this be considered the first reading of the Ordinance, anti that the requirement that a proposed Ordbsance be considexed 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 lleafing be held on the Proposed Ordinance on the 5th day of October, 1992, at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice ill the manner prescribed by law. Seconded by Council Member Nicholson. Vote on tile motion was m follows: yees--Council Members Kluesner, Krieg, Nagle, Nicholson. Nays---Mayor Brady, Council Members Dcich, Voetherg. Motion failed due to lack of 3/4 vote. Council Member Kluesner moved that Ibis be considered the first reading of the Ordinance and that it be set for Public llearing on 10-5-92 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 Nichulson. Carded by the following vote: Yeas--Council Members Kluesner, Krieg, Nngle, Nicholson. Nays~Mayor Brady, Council Members Deich, Voetberg. Communication of Acting City Manager requesting certain City officers be designated to execute checks and drafts on behalf of the City of Dubuque, presented and reed. Council Member Nngle moved that the conununicafion be received and tiled. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 289-92 RESOLUTION AUTHORIZING CERTAIN DESIGNATED FISCAL OFFICERS OF THE CITY OF DUBUQUE TO EXECUTE CHECKS ON BEHALF OF THE CITY OF DUBUQUE Whareas, the City of Dubuque deposits certain funds in local commercial banking institutions; and Whereas, these commercial banking institutions require authorization by the City Council for eertsin fiscal officers to sign such checks and drafts; and Where~s, the City Council has determined that the fiscal officers who may sign checks and drafts on behulf of tho City of Dubuque are Administrative Services Manager Pauline Ioyce, Finance Director Duane R. Pitcher and Deputy Finance Directe~ Gerald ltird. NOW, TIIEREFORE, BE lq' RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. The Administrative Services Manager Pauline Joyce, Finance Director Duane R. Pitcher and Deputy Finance Director Gerald ltird am hereby authorized to sign checks and drafts on behalf of the City of Dubuque. Section 2. That the foregoing fiscal officers are also hereby authorized to sign the authorization cards from the eommerciul banks. Passed, approved and adopted this 8th day of September, 1992. James E. Brady Mayor Attest: Ma~y A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayo~ Brady, Council Members Dcich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Communication of Acting City Manager submitting an Ordinance which amends Section 2-69 regarding bonding of City officers and employees, presented and read. Council Member Nagle moved that the communication be ~ecuived and filed. Seconded by Council Member Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner. Krieg, Nngle, Nicholson, Voetberg. Nays--None. An Ordinance amending Section 2-69 of the Code of Ordinance by repealing said Section and adopting in lieu thereof a new Section 2-69 setting the amount of bonds 373 Regular Session, September 8, 1992 for City offieera and employees, presented and tv. ad. (OFFICIAL PUBLICATION) ORDINANCE NO. 72-92 AN ORDINANCE AMENDING SECTION 2-69 OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROVIDING FOR BONDS FOR OFFICERS AND EMPLOYEES OF THE CITY OF DUBUQUE AND ADOPTING BY REPEALING SAID SECTION AND ADOPTING IN LIEU THEREOF A NEW SECTION 2- 69 SETTING THE AMOUNT OF BONDS FOR CITY OFFICERS AND EMPLOYEES. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIIE CITY OF DUBUQUE AS FOLLOWS: Sec{ion 1. Se~fio ~ 2-6q of the City of Dubuque Code of Ordinanccs is hcleby Section 2. The lb~lowing new Section 2-69 of the Cily of Dubuque C(×le ot Ordinances is hcrchy adopted: Section 2-69. Ol'~c~s and Employees Bond~. (a) The following officers of the City sh~ ~ve offici~ ~n~ in fi~ following ~n~ au~, ~e ~e~um ~ing p~d by ~e CiW, ~n ~e fo~ set f~ in Section 64.2 of the Code g Iowa; City Manager $i Administrative SelMces Manager (b) All c, thc~ officer5 ~nd employees of Towns E, Brady Mayor Attest: May A. Davis City Clerk Publishexl officially in the Telegraph Herald newspaper this 15th day of September, 1992. Mary A, Davis CMC It 9115 City Clerk It Council Member Nagle moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be consid~ed 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 Klue~sno:. Carried by tim following vote: yes--Mayor Brady, Council Members Deich, Kluesner, Kdeg, Nagle, Nicholson, Vo~tberg, Nay~None. RESOLUTION NO. 290-92 NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: the pmvislons of law rcladng to the sale of Cigaretles within t~he City of Dubuque, iowa, be granted a permit to scil CigareItes Passed, approved and adopted this 8th day of September, 1992. James E. Brady Mayor examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper Ixmds. Regular Session, September 8, 1992 374 NOW, TtlEREFORE, BI:. IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the Manager be autheaized to cause to be issued the following named applicants a Beer Permit. CLASS "liE" BEER PERMIT Sid's Beverage Store, Inc. Sid's Beverage Store Sunday Sales 2727 Dodge CLASS "C" BEER PERMIT Family Mart, inc. Farcdly Math Inc. Sunday Sales 3201 Central Iowa Oil Company IOCO Speede Shoppe Sunday Sales 1387 Dodge St. Delmer S./May C. O'Hea Grandview Milk House Sunday Sales 620 S. Grandview Passed, approved and adopted this 8th day of Sepmmber, 1992. James E. llrady Mayor Attest: Mm'y A. Davis City Clerk Council Member Kluesncr moved adoption of the Resolution. Seconded by Council Member Nichdison. Carried by the Inllowing vote: Yea~--Mayor Brady, Comlcil Members Deich, Kluesner, Krieg, Nagle, Nicbolson, Voetberg. Nays--None. RE.SOLUTION NO. 292-92 Wherea& apphcafio~s for Liquor Licenses have been submined to thks Council for comply vAth the State Law and all City filed proper Nmds. NOW, TI[EREFORE BE I'F RESO[VED That the Manager be auflxofized to cause to be issued the following named applicant~ a Liquor Liceme. CLASS "C" (COMMERCIAL) EEER AND LIQUOR LICENSE Angela Mangep~ Angie's Sunday Sales 1401 Elm St. David H. Erickson Lucky 'lY' Tap 385 E 13th St. Elaine Kelly Coach I louse Sunday Sales Hwy 20 West APPLICATION FOR OUTDOOR SERVICE AREA Carol MeycdLisa Tort Sad Cafe, Inc. Tott's Tap 3457 Jackson St Rainbow Lounge 36 W. 4th St. passed, approved and adopted this 8th day of September, 1992. Attest: May A. Davis City Clerk James E. Brady Mayor Council Member Kluesner moved adoption of tile Resolution. Seconded by Council Member Nicholson. Camed by file following vote: Yeas--Mayor Brady, Cotmcil Members Deich, Kluesner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. Conmmracation of Acting City Manager recommending to purchase property at 642 University Avenue from the Dubuque Comity Board of Supervisors, presented and read. Council Member Kluesner moved tkat the communication be received and filed. Secx3nded by Council Member Nagle. Carried by the following vote: Yea~--Mayor Brady, Council Members Dcich, Khmsner, Krieg, Naglc, Nicholson, Vty~tberg Nays None. RI2SOLUTION NO. 293-92 A RESOLUTION OF INTEN~r TO ACQUIRE REAl. ESTATE AT 642 UNIVERSITY AVENUE~ IN THE CITY OF DUBUQLrE. Wbcrea.% rte City et Dubuque ~s cornnmued m enforc, emcnt of housing quality sk~mdards and to the prowsion of ~sis~lce mw~d ~e ad&fion of hous~g uni~ m ~e City's inventory; ~d i[ 373 Regular Session, September 8, 1992 fo~ City offico~ ~od employ~, presented (OFFICIAL PUBLICATION) ORDINANCE NO. 72-92 AN ORDINANCE AMENDING SECTION 2-69 OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROVIDING FOR BONDS FOR OFFICERS AND EMPLOYEES OF THE CITY OF DUBUQUE AND ADOPTING BY RI, PEALING SAID SECTION AND ADOPTING IN LIEU THEREOF A NEW SECTION 2- 69 SETTING THE AMOUNT OF BONDS FOR C!-q3( OFFICERg AND EMPLOYEES~ NOW "F~FORE, BE pr ORDAINED BY THE CiTY COUNCIL OF Tile CITY OF DUBUQUE AS FOLLOWS: Section L Section 2-69 of the City of Dubuque Code of Ordinances is hereby Section 2. The following new Section 2-69 of the City of Dubuque Code of Ordinances is hereby adopted: Section 2-69. Officers and Employees Bonds. (a) The following officers of the City shall ~ve oificial beads in tho following penal sums, the premium being paid by the City. in the form set forth in Section 64.2 of the Code of Iowa: City Manager $1,000,000; Administrative Services Manager $1,000,000; Finance Director $1,000,0001 City Trensuwr $1,000,000. (b) All other officers and employees of the City shall be covered by an official bond in tho penal sum in the amount of $50,000 each. Section 3. This Ordinance shall take effect upon publication. Pazsed, approved and adopted this 8th day of September, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk PubfisheA officially in the Telegraph Herald newspaper this 15th day of September, 1992: Mary A. Davis CMC It 9/15 City Clerk It Council Membe'r Naglo moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considerad and voted on for passage at two Council meetings prior to tile n~ethlg 'at wlfich it ia to be finally adopted be suspended and further moved final adoption of the OrdinaJtce. Seconded by Council Member Kluosner. Cai-tied by the following vote: Yeas~Mayor Brady, Conned Members Deich, Klueaner, Krieg, Nagle, Nichoison, Voe-t,%~. Nay:; None. RESOLUTION NO. 290-92 NOW, THEREFORE, BE IT RESOLVED BY TIle CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette papers within said City. Dave's Civic Center "76"David E. Adams 500 Lc~3ust St. passe, d, approved and adopted this 8th day of September, 1992. Attest: Mary A. Davis City Clerk Council Member lames E. Brady Mayor adoption of tho Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members D~qch, Kluesner, Kfieg, Nagin, Ninholson, Voetberg. Nays--None. RESOLUTION NO. 291-92 Where*s, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be oceupied by snch applicants were inspected and found to comply with the Ordinances of this City and have £flod proper bonds. Regular Session, September 8, 1992 374 NOW, TIIeREFORE. BE IT RESOLVED BY TIIE Cf FY COUNCIL OF TIlE CITY OF DUBUQUE. IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "BE" BEER PERMIT Sid's Beverage Store, h~c. Sid's Beverage Store Sunday Sales 2727 Dodge CLASS "C" BEER PERMIT Fan~ly Mart, Inc. Farr~ly MarL, Inc. Sunday Sales 3201 Central Iowa Oil Company IOCO Speede ShotT, e Sunday Sales 1387 Dodge St. Delmer S.~lm-y C O'tlea Grandview Milk llonse Sanday Sales 620 S. Grandview Passed, approved and adopted this 8th day of ~ptelRber, 199Z James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Ninbolson. Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Knee. Nngle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 29~-91 Whereas, applications for Liquor IAcenses have been submitted to this Council for approval and the same have been examined and approved; *md Whereas, die premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds. NOW, T}IeREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Angels Mangeno Angle's Sunday Sales 1401 Elm St. David N. Erickson Lucky "13" Tap 385 E 13th St. Elaine Kelly Coach llouse Sunday Sales ttwy 20 West APPLICATION FOR OUTDOOR SERVICE AREA Carol Meyer/Lisa Tort Tott's 'Yap 3457 Jackson St Sad CatE, Inc. Rainbow Lounge 36 W. 4th SL Passed, approved and adopted this 8th day of September, 1992. Attest: Mary A, Davis City Clerk Council Member James E. Brady Mayor adoption of tho Resolution. Seconded by Council Member Nicholson, Carried by the following vote: yea,--Mayor Brady, Council Members Dalch, Kluesuer, Krieg, Nngle, Nicholson, Vontberg. Nays---None. Communleafion of Acting City Manager recommending to purchase property at 642 University Avenue from th© Dubuque County Board of Supervisors, presented and read. Council Member Klunsner moved that the commmfieatlon be received and filed. Seconded by Council Member Nagin. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kfieg, Naglo, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 293-92 A RESOLUTION OF INTENT TO ACQUIRE REAL ESTATE AT 642 UNIVERSITY AVENUE~ IN THE CITY OF DUBUQUE. Where*z, the City of Dubuque is committed to enforcement of housing quality standards and to the provision of assistance toward the addition of housing units to the City's inventary; and 375 Regular Session, September 8, 1992 Whereas, acquisition of suitable properties, in specific instances, is an appropriate means of achieving these goals. NOW TIIEREFORE, BE IT RESOLVED BY TIlE crrY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby gives notice of its intent to acquire the following described property from Dubuque County: East One-llalf (E) and North One- llalf (N) of Lot Twelve (12) of Kelly's Subdivision, in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof. at the cost of One Dollar ($1.00), subj~t to review and approval of a deed convoying such property. Passed, approved and adopted this 8th day of September, 1992. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Klueaner moved adoption of the Resolution and further set it for Public llearing for October 5, 1992 at 7:30 p.m. in the Public Library and direct that the City Clerk publish notice in the manner I~escribud by law. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Kriag, Nagle, Nicholson, Vccthurg. Nays--None. Communication of Acting City Manager recommending to vacate an existing 30 foot wide water line easement located on the south easterly lot line of property owned by Lyle and Ann Whalen, 2400 Kexper Blvd., presented and med. Council Member Kfiag moved that the communication be received and filed. Seconded by Council Member Nagie. Carried by the following vote: Yeas--Mayor Brady. Council Members Dnich, Kluesncr, Krieg, Nagle, Nicholson, Voetbe~g. Nays--None. RESOLUTION NO. 294-92 VACATION OF UTILITY EASEMENT Whereas, Lyhi F. and Ann Wbalen of Dubuque, Iowa, have requested the release of 30 feet of City owned easement adjoining Whalen's property; and Whereas, Lyle F. and Ann Whulen have plans for the construction of a building parallel to the tloodwall, which building would encroach into an easement owned by the City of Dubuque; and Whereas, the existing easement located on Lot 2 of Lot 2 of Lot 2, Block 6 and Lot 2 of Block 5 and Lot 3 of Lot 1, Block 5 of fiverfront Subdivision No. 3 in the City of Dubuque, Iowa, as shown in "Exhibit A" is not deemed as necessary by City staff; and Whereas, Lyle F. and Ann Whalen have consented to payment of all platting, publica- tion and filing fees and payment of $1,200 to the City to cover administrative expenses and the installation of a necessary fire hydrant. NOW, TI 1EREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of 30 feet of a City owned easement described on attached Exhibit A and considered a part hereto to Lyle F. and Ann Whalon. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Chapter 364.7-Disposal of lh'oper ry, Code of Iowa, 1988 or as amended. Passed. approved and adopted this 8th day of September. 1992. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Krieg moved adoption of the Resolution and set it for Ilea.ting on October 5, 1992 at 7!~,b p.m. in the Public Libimy Auditorium and diwct thnt the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Khiesner, Krieg, Nagie, Nicholson, Voetburg. Nays--None. MINUTES SUBM1TPED -- Airport Commission of 8-18; Cable TV Regulatory Commission of 8-19; Cable Community Teleprogramming Commission of 9-1; Five Flags Commission of 8-17; lliatolic Preservation Commission of 8-5; IIousing Commission of 8-25; $oint Meeting of the lIonsing Task Force and the lIousing Commission of 8-11; lIuman Rights Regular Session, September 8, 1992 376 Commission of 7-13; Zoning Board of Adjustment of %23, presenlval and xeagt. Council Member Kfieg moved that the minutes bo ~celved and filed. Seconded by Council Member Voetherg. Carried by tho following vote: Yeas---May~ Brady, Council Members Deich, Klue.snur, gaiag, Nagie, Nicholson, Voetherg. Nays---None. Dubuque Five Flags Cent~ submitting their year-end report for Fiscal Year 1992 for period of July 1, 1991 to Juno 30, 1992, presented and read. Council Member Krleg moved that the report be reaeived and fried. Seconded by Council Member Vcetborg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nagie, Nichulson, Voetburg. Nays--None. NOTICES OF CLAIMS/SUITS - Mrs. Viola Avery in unknown amount for vehicle damages; Donald A. and Judy A. Clark in unknown amount for personal injuries; Environmental Recycling Corporation in amount of $1,176.02 for property damages; Dean R. Goodken in amount of $167.50 for vehicle damages; Holy Ghost Parish Credit Union in amount of $79.50 for backed up sewer damages; Iowa Depaxtment of Natural Resources Submitting Administrative Order No. 92-WW-32; Katen Kienast in amount of $185.44 for vehicle damages; Donna Kuhin in unknown aurount for personal injuries; Attorney Joseph J. Bitter, on behalf of I~e Joseph Makovec, a minor, through his parents, Ronald and Kathy Makove¢ in amount of apprex. $10,000.00 for personal injuries; John J. Rolling in amount of $578.40 for sidewalk replacerc~nt charges; Gary M. Sohmitt in amount of $1880.54 for vehicle damages, presented and read. Council Member Kriag moved that the claims and suits bu referred to thc Legal Staff for investigation and report. Seconded by Counnil Member Voetberg. Caxxied by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesncr, Kfieg, Nagie, Nicholson, Voetberg. Nays--None. Iowa DOT advising of condemnation of certain rights in land for the improven~nt of Primmy Road No. U.S. 20 for Lot I of the Subdivision of the East 140 feet of Lot 8, Sister's Addition in the City of Dubuque, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council l'dembur Vontburg. Carried by the foBowlng vote: Yeas--Mayor Brady, Council Members Delch, Khiesnor, Krleg, Nagle, Nicholson, Voetbu~g, Nays--None. Communica~ons of Coqx~fion Counsel edvising of referral of following claims to Crawford & Comtmny, the agent for the Iowa Communities Assurance Pooh Car damage of Randy W. Ols~n; property danmge of Behr Funeral Home, presented and read. Council Member Kring moved that the communication bo received and filed. Seconded by Council Member Voetburg. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagie, Nieholson, Voetborg. Nays--None. Petition of KDTH & KAT FM Radio and thc Dubuque Jaycees requesting to conduct a fireworks display on Saturday, July 3. 1993 from 9 p.m. to 10:30 p.m. on Volunteer Road botween hawthorne and Line Streets, presented and read. Council Member Krieg moved that the petition be approved and refer~d to the City Manager for implementation. Seconded by Council Member Voetburg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deieh, Kluesner, Kfieg, Nagin, Nichobion, Voctherg. Nays---None. Copy of eommuhication to County Board of Supervisors from Corporation Counsel Lindahl advising City's interest in the North Point Heights Subdivision has been concluded at this time, presented and read. Council Membur Krieg moved that the communication be received and filed, Seconded by Council Member Voetburg. Carried by the following vote: Yea~--Mayor Brady, Council Members Deich, Klueaner, Krleg, Nagie, Nicholson, Vcotburg. Nays--None. Communication of Council Member Krieg edvising of her appointment to ]oint Local Government Ethics Committee f~ the purpose to recommend to the General Assembly ethics legislation as it relates to locally elected officials and further advising of the need of some travel expenses for meetings to bu held in Des Moines, presented and read. Council Member Krieg moved that the communication be received and filed and approved expenditure. Seconded by Council Member Voetburg. Carried by the following vote: Yeas~Mayor Bredy, Council Memhars Ddich, Kluesner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. Communication of Matthew Jacobaon expressing app~eciedon for being given the opportunity to work as a legal intern for the City this sununer, presented and read. Council Member Krieg moved that the communication be gcnived and filed. 377 Regular Session, September 8, 1992 Seconded by Council Memb~ Vocthcrg. Carried by the following vote: yeas--Mayor Brady, Council Members Ddich, Kluesner, Kriag, Nagle, Nicholson, Voetberg. Nays--None. Proof of Publicmion on eertification on publication of city employee saladns for fiscal year ending June 30, 1992 and p~of of publication ee~dfied to by the Publisher on List of Claims paid for month of July, 1992, presented and read. Council Member Kfieg moved that the proofs of publication be received and filed. Seconded by Council Membe~ Voetberg. Carded by the following vote: Yea~--Mayor Brady, Council Members Deicb, Kluesner, Kriag, Naghi, Nichoison, Voerberg. Nays--None. Petition of Kretschmer-Tredway Company, Inc. requesting vacation of an alley running north and south through the city block that is bounded on the north by East Ninth Street, the east by Washington S~cet, the south by East Eight Street and the west by Jackson Street, presented and read. Councll Member Kriag moved that the petition be referred to the City Manager. Seconded by Council Member Voctberg. Carried by the following vote: yeas--Mayor Brady, Council Members Daich, Kluesner, Ksiag, Nagle, Nicholson, Voetberg. Nays--None. petition of Attorney E. David Wright, representing Raymond A. and Anna Mae linnsen requesting purchase of two parcels of real estate currendy owned by the City of Dubuque, presented and read. Council Member Ktiag moved that the petition be referred to the City Manager and Staff. Seconded by Council Member Veetberg. Carried by the following vote: yeas--Mayor Brady, Council Members Deich, Kh~sner, Kfiag, Nagle, Nichoisoa, Voetberg. Nays--None. petition of Mardn J. and Nancy McNan~r requesting vacation of a storm sewer easement along the beunda~ line between Lois II & 12 of Block 1 of Mama Ridge, presented and read. Council Member Kriag moved that the petition be referred to the City Manager and Staff. Seconded by Council Member Vo~tberg. Can~¢d by the following vote: yeas--Mayor Brady, Council Members Deich, Kluesner, 1Oiag, Nagle, Nicholson, Voetberg. Nays--None. REFUNDS REQUESTED -- Key City Bowling Lanes requesting $75.00 for unexpired Cigarette License, presented and reed. Council Member Kriag moved that the refund be approved and Finance Director to issue the proper check. Seconded by Council Member Voctberg. Carried by the following vote: Yeas---Mayc~ Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nichoison, Voetberg. Nays--None. Petition of Delos A. Dorwulinr requesting relief from Stowing weeds near his property Ioonted at 2115 J.F.K. Road, presented and rued. Council Member Ksieg moved that the petition be reacived and fried. Seconded by Council Member Voetberg. Carded by the following vote: Ycas.~Mayor Brady, Council Members Deich, Kluesner, Kr;eg, Nagle, Nichoison, Voetberg. Nays--None. Communication of Acting City Manager submitting Fiscal year 1992 Select Finance Report, presented and mad. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kinesner, Kfiag, Nagle, Nicholson, Voetberg, Nays--None. RESOLUTION NO. 295.92 RESOLUTION APPROVING THE CITY OF DUBUQUE FISCAL yEAR 1992 STREET FINANCE REPORT NOW, TIIEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIIE CITY OF DUBUQUE, IOWA: Section 1, That the Street Finance Report for the period 3uly 1, 1991 through June 30, 1992 be and the same is hereby approved and that the City Clerk is hereby authorized and directed to file said report with the Iowa Department of Tra~portatlon. Passed, approved and adopted this 8th day of September, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Vaiag moved adoption of the Resolution. Seconded by Council Member Votaberg. Carried by the following vote: yeas--Mayor Brady, Council Members Deich, Kluesner, Krleg, Nagin, N!cholson, Voctberg. Nays--None. Communication from Attorney Wayne A. Norman, Jr. requesting a proposed amendment to the Declaration Statement Regular Session, September 8, 1992 imposing Restrictive Covenants for the "Meadow Acres Subdivision" and communication of Acting City Manager recommending adoption of amendment on the Restrictive Covenants for Me. ow Acres Subdivision, presented and read. Council Member Krie$ moved that the communications be received and filed. Seconded by Couucil Member Voetberg. Carried by thc following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Kriag, Naghi, Nicholson, Voetbe~g. Nays--None. RESOLUTION NO. 296-92 A RESOLUTION APPROVING AN AMENDMENT TO TEE DECLARATORY STATEMENT IMPOSING RESTRICTIVE COVENANTS FOR MEADOW ACRES SUBDIVISION. Whereas, in 1980, a final Subdivision Plat of Meadow Acres in Dubuque County, Iowa, was approved by the Dubuque County Board of Supervisors, the City of Dubuque City Council, and the Dubuque County Board of Health, among others, which plat w$s filed on December 5, 1980, Instrument No. 8092- 80, a copy of which is attached hereto; and Whereas, on September 27, 1951, a Declaratory Statement Imposing Restrictive Covenants for Meadow Acres Subdivision was recorded as Instrument No. 498-1981, records of the Dubuque County, Iowa, Recorder, a copy of which is attached hereto; and Wherens, the Declaratory Statement Imposing Restrictive Covenants provides tn Paragraph 21 that the document cannot be waived, abandoned and terminated, modified, altered and changed without thc written consent of the City of Dubuque; and Wbere~s, the City Council of thc City of Dubuque now determines that such provision is not necessary and that it is in the best interest of the City of Dubuque that the l Declaratory Statement Imposiug Restrictive ~ Covenants be amended to elimlaate sueli requirement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ClTY OF DUBUQUE, IOWA: Section I. The First Amendment to Declaratory Statement Imposing Restrictive Covenants attached hereto is hereby approved, 378 Section 2. Notwithstanding the foregoing, any further development of the subdivision shall be done in accordance with all applicable laws and regulations, including those of the City of Dubuque. Passed, approvad and adopted this 8th day of Septensber, 1992~ lam~s E. Brady Mayor Attest: Mary A. Davis City Clerk Cotmcil Member Kfieg moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following veto: yens~Mayor Brady, Council Members Deich, Kinnsner, Kricg, Nagin, Nicholson, Veetberg. Nays-None. There being no further business, Council Member Nagla moved to adjourn. Seconded by Council Member Klunsner. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Naghi, Nicholson, Voetherg. Nays--None. Meeting adjourned at 11:50 p,m. Mary A, Davis //~ty Clerk Approved ~, 1993. Adopted ~d~L~, 1993. Council 379 Special Session, September 14, 1992 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special City Council Meeting, Monday, September 14, 1992. Council Met at 7:30 p.m., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Krieg, Nagle, Nicholson, Vcetherg, Acting City Manager Mike Koch, Corporation Counsel Bar~ A. Liodahl. Absent at Roll Call: Council Member Kluesner. Mayor Brady read the call and stated this is a Special Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Council Member Vc~therg moved to suspend the niles to allow anyone present to address the Council if they so desire. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Nagle, Nichoison, Voetborg. Nays--None. Absent--Council Member Ktuesner. Proof of publication certified to by the Publisber on nodce of Public Hearing on the sanitary sewer user charge system and its impact on various use~, proof of publication certified to by the Publisher on Notice of Public Heating on the proposed treatment facility impmveraents, estimate of cost and method of financing for t3e Dubnqve Water Pollution Control Facility, presented and read. Council Member Krleg moved that the proofs of publication be received and filed. Seconded by Cguncil Member Nicboison. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Krieg, Nagle, Nichoison, Voetberg. Nays--None. Absent~ouncil Member Kluesner. There was a presentation by Utilities Direct', Craig Olson, on Sewer User Charges. Petition of Attorney Wayne Norman, Jr., representing Swiss Valley Farms, Sanofi Bio Industries, Inc, Inland Protein Corp., and FDL Foods, Inc. requesting to address the Council in relation to concerns which they have regarding the Phase I Improvements to the Wastewator Treatment Facility and presentation by Mike Dom of Strand Associates on improvements to Water Pollution Control Facility. Wayne Norman, Jr., Paul Schultz. 1008 Victoria and Robert Roethig, 380 Lowell, spok~ lo the communications. There was public input on both the proposed treatment facility improvements, estimate of cost and method of financing for the Dubuque Water Pollution Control Facility and concerns with the Phme I improvements to the Facility. Council Member Kluesner entered the Chambers at 8:57 p.m. Council recessed at 9:07 p.m.; Council reconvened at 9:20 p.m. BOARDS AND COMMISSIONS . Ai~ Commission Appointment: One stx year term which will expire 9-14-98 (Term of R. Wertzberger). Applicants: Steven J. Arthur, Mary Mulgrew Grouch. Veto on the appointment was as follows: Mayor Brady voted for Gronen. Council Member Deich voted for Arthur. Council Member Kluesner voted for Gronan. Council Member Krieg voted for Cnonen. Council Member Nagle voted for Groncn. Council Member Nichoison voted for Gronen. Council Membex Voetberg voted for GronenTherefore, Ma~ Mulgmw Gronen appointed to a six year term which v~ll expire September 14, 1998. Communication of Acting City Manager requesting approval of Investment Advisor Ag~eemeets with Dana Inveslment Advisors, Inc. , Dubuque Bank and Trust and First National Bank and the Investment Custodian Agreement with American 'frost and Savings Bank, presented and read. Council Member Nagle moved that the communication be received and filodSeconded by Council Member NicholsonCarfied by the following vote: Yeas--Mayor Brady, Council Members Klueaner. Kaieg, Nagle, Nicholson, Voetberg. Nays--Council Member De. ich. RF~OLUTtON NO. 2')7-92 RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO A CUSTODIAN AGREEMENT BY AND BETWEEN AMERICAN TRUST AND Special Session, September 14, 1992 380 SAVINGS BANK AND THE CITY OF DUBUQUE, IOWA, AND SEPARATE INVESTMENT ADVISOR AGREEMENTS BY AND BETWEEN DANA INVESTMENT ADVISORS, INC., DUBUQUE BANK AND TRUST, AND FIRST NATIONAL BANK AND THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque dasires to enter into an agreement with American Trust and Savings Bank of Dubuque, Iowa, as Custodian to undertake the duties and responsibilities set forth in the attached Custodian Agreement and related documents for the assets being managed by the City of Dubuque's Investment Advisors; and Whereas, the City of Dubuque desires to enter into separate agreements with its Investment Advisors, namely, Dana Investment Advisors, Inc., Dubuque Bank and Trust, and First National Bank to provide investment advisory services as set forth in the attached Investment Advisor Agreements and related documents. NOW, TI IEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Acting City Manager is hereby authorized and directed to enter into said agreements by and between the City of Dubuque, Iowa, and American Trust and Savings Bank providing for custodian services for th~ assets managed by the City of Dubuque's Investment Advisors, namely, Dana Investment Advisers, Inc., Dubuque Bank and Trust, and First National Bank of Dubuque. Section 2. That the Acting City Manager is hereby authorized and directed to enter into said ag~een~nts attached hereto and made a pe~t hereof by and between the City of Dubuque, Iowa, and Dana lnveitmeat Advisols, Inc., Dubuque Bank and Tn~t, and First National Bank of Dubuque providing for investment advisor services for the City's "non-operating" funds as defined by Senate File 2036 and furtbet defined and restricted in the attached Investment Advisor Agreements. lan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Cotmcil Member Nagle moved adoption of the R~solution. Seconded by Council Member Nichoison. Canded by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kfieg, Naghi, Nicholson, Voetherg. Nays~Eouncil Member Deich. RESOLUTION NO. 298-92 RESOLUTION APPOINTING NORWEST BANK IOWA, NATIONAL ASSOCIATION OF SUCCESSOR TRUSTEE TO DUBUQUE BANK AND TRUST COMPANY UNDER INDENTURE OF TRUST WITH THE CITY DATED SEPTEMBER 1, 1977 Whereas, the City of Dubuque (the "Issuer") has heretofore issued $10,525,000 in aggregate prindpal amount of its Hospital Facility First Mortgage Refunding and Improvement Revenue Bonds (The Finley tlospitsl Project) Seres 1977 (the "Series 1977 Bonds"), pursuant to that certain Indenture of Trust dated as of September l, 1977 (the "Original Indenture") between the Issuer and Dubuque Bank and Trust Company (the "Original Trustee") and has loaned the proceeds of the Series 1977 Bonds to The Finley Hospital (the "Hospital") pursuant to a Loan Ag~ment dated as of September 1, 1977 (the "Originui Agreement") between the Hoapital and the Issuer for the purpose of refunding the Issuer's previous issue of $4,250,000 Hospital Facility !~rst Motigage Revenue Bonds (The Finley Hospital Projec0 S~ries A (the "Series A Bonds") and to finance part of the cost of additional buildings and improvements to the Hoslltal's existing hospital facilities; and Wbe~eas, the Original Trustee has resigned as trustee under the Original Indenture pursuant to Section 10.06 of the Original Indenture and the tlozpital has requested the Issuer to eppr~nt Non, test Bank Iowa, National Association ("Norwcst") as successor hmstee pursuant to Secdon 10.06 of the Original Indenture; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That, Notwest is hereby appointed as successor trustee under the Original Indenture. Section 2. That this Resolution shall become effective immediately upon its passage and approval. 381 Special Session, September 14, 1992 Passed and approved September 14, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kfieg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nagle, Nichoisun, Voctberg. Nays--Counuil Member Dalch. Communication of Acting City Manager submitting a Resolution requesting to allow City to return to Fiseui Year 1992 Application and Reporting requirements, presunted and read. Council Member Nagle moved that the communication be received and filedSeconded by Counell Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Klnesner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 299-92 RESOLUTION AUTHORIZING THE LENGTHENING OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR Whereas, the City of Dubuque is entitled to participate in the Community Development Block Grant Program authorized under thc provisions of Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, the City of Dubeqne's Community Development Block Grant Program ha~ been developed so az to give max/mum feasible pfi~ity to activities which will benefit low and medcmte incame persons and aid in the prevention of slum and blight; and Whereas, the City of Dubuque wishes to facilitate continuity and accountability in its Community Devuiopment Block Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the current twelve (12) month calendar year Community Development Block Grant Program commencing Janun~ 1, 1992 and concluding on December 31, 1992, he ex~ended to encompass the period from January 1, 1992 throdgh June 30, 1993. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed behalf of the City of Dubuque. Section 3. That the Acting City Manager. in acco:dance with 24 CFR, Section 570.302(b)(2) is authorized to submit written notice of this action to the U. S. Department of Housing and Community Development. Passed, approved and adopted this 14th day of September, 1992. Jarms E. Brady Mayor Attest: Mary A. Davis City Clerk Counell Member Nagle moved adoption of the Resolutionseconded by Council Member Voatberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Naglc, Nieholson, Voatherg. Nays-None. RESOLUTION NO. 300-92 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the foilowlng having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, he grunted a permit to sell Cigarettes and Cigarette Papers within said City, Dennis P, Dolan Union Cigar S~'e 336 Main Street Passed, approved and adop~d this 14th day of September, 1992. James E. Brady Mayor Attest: Mmy A. Davis City Clerk Council Member Klu~sner moved adepficn of the RcsolullonSecondcd by Council Member KriegCarried by the following vote: Yeas---Mayor Brady, Council Members Dalch, Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays--None. Special Session, RF~OLUT1ON NO. 301-92 Whereas, applications for B~or Permits have be~n submitted and filed to this Council for approval and the same have been examined and approved; and Whereaz, the premises to he oceul~ed 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 the following named applicants a Beer Permit. CLASS "C" BEER PERMIT The Monday Co. Casey's General Store Sunday Sales 4003 Peru Rd Rainbo Oil Compun~xCWIK Stop Food Mart Sunday Sales 2360 Central Passed, approved and adopted this 14th day of September, 1992. Attest: Mary A. Davis City Clerk Council Member Jatr~s E. Brady Mayor adoption of the Resoluilonseconded by Council Member KriagCanded by the following vote: Yeas---Mayor Brady, Council Members Dalch, Kluesner, Kriag, Naglc, Nichoison, Voetherg. Nays--None. RESOLUTION NO. 302-92 Whe~, applications for Liquor Licenses have be~n submitted to this Council f~r approval and the sarc~ have been examined and approved; and Whereas, thc premises to he occugied by such applicants were inspected and found to comply with the State Law and all City Ordinances teinvaut thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE~ IOWA: That the Manager he authorized to cause to be issued the following named applicants a Liquor License, September 14, 1992 382 CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Admiral's Hi-Hat West, Inc. Admirai's Hi-Hat West Sunday Sales 253 Main p.m.S.T. Inc. Happy's Place Sunday Sales 2323 Rockdale Rd LeRoy A. Ivliiler Whitey's Bar X Sunday Sales 2616 Windsor Passed, approved and adopted this 14th day of September, 1992 Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Klnesner moved adoption of the ResolutionSeconded by Council Member KriegCarried by the following vote: Yons~Mayor Brady, Council Members Dalch, Klocsner, Krieg, Nagle, Nicholson, V~etherg. Nays--None. Communication of Acting City Manager recommending to vacate an unused 20 foot wid~ storm sewer casement along the Boundary line between Lots 11 and 12 of Block I of MarNa Ridge Estates., presented and read. Council Member Voetherg moved that the communication he received and filed. Seconded by Council Member Klnesner. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich. Kluesner, Kfiag, Nagie, Nichoison, Voetbexg. Nays--None. RESOLUTION NO. ~03-92 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE AN UNUSED 20 FOOT WIDE STORM SEWER EASEMENT IN BLOCK 1 OF MARNA RIDGE ESTATES Whemzz, Marry & Nancy McNam~r are the curcent owners of Lot 11 and Lot 12 of Block 1 of MarNa Ridge Estates in the City of Dubuque, lows; and Whereas. Marry McNamer hm petitioned to vacate an unused 20 foot wide s~rm sewer easement in said lot~. NOW, TtlERE~ORE, 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 and 383 Special Session, September 14, 1992 Lots 11 & 12 of MarNa Ridge Estates. Section Z That the City Clea'k be and is beteb¥ authorized and directed to cause a notice to be published as pwscribed under Section 364,7 Code of Iowa, 1989 or as amended, Passed. approved and adopted this 14th day of September, 199Z James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution and further set it for Pubac Hearing on October 5, 1992 at 7:30 p.m. in the Publin Library Auditormm and that the City Clerk publish not~ee in the manner prescribed by lawSe¢ondad by Council Member Ktuesncr. Carded by the following vote: Yeas---Mayo~ Brady, Council Members belch, Kluesnef, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Communication of ?zming Corarmssion admsing of thmr approval of an amended Carriod by the following vote: Yeas--Mayor Brady, Council Members Ddieh, Klueaner, Krieg, Nagle, Nicholson, Ordinance be amended by amending thc Members belch, Kluesner, Krieg, Naglc~ Comramdcation of Zoning Comrmssion advising of their approval to rezone properties at 3300 Asbury Road from C-2 District to C-3 Dismct, presented and read. Council Member Voetberg moved tha~ the commtmicalion be received and filed. Seconded by Council Member Kluesner, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg. Nagle, Nicholson, Voetberg. Nays--None. An Ordinance amending Zoning Ordinance by reclassifying property at 3300 Asbury Road from C-2 Neighborhood Commercial District to C-3 General Commercial Distrct. presented and read. Co,tacit Member Voetbe~g moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and vo~ed on tot passage at two Council meetings pr/or to the meeting at which it is to be finally adopted be suspended and further moved that a Public Heating be held on the Proposed Ordinance on the 19th day of October, 1992 at 7:30 p.m. in the Public Library Auditorium mid that the City Clerk publish notice in the mmlnm Prescribed by lawSeconded by Council Member Kluesner Carried by the following vote: Yeas--Mayor Brady, CounciI Members l)eich, Kluesncr, Kfieg, Nagle, Nichdison, Voetberg. Nays None. Communication of Zoning Corrumission advising of their approval to rezone property at 2699 Kennedy Road from OR Distrct to OS District, presented and readCouncil Member Voetberg rm)ved that the communication be received and filed, Seconded by Council Member Krieg, Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Ktuesner, Krieg, Nagle, Nicholson, Voethet,g, Nays -None. An Ordinance amending the 7~ning Ordinance by reclassifying property at 2699 Kennedy Road ~om OR Office Residential District to OS Office Service District, presented ~nd reed. Council Member Special Session, September 14, 1992 384 Member Krieg. carried by the {ollowing vote: Yeas--Mayor Brady, Council Members belch, Kluesner, Krieg, Nagle, Nicholson, Voetberg Nays---None. Connnunication of Zoning Ordinat~ce advising of their Denim to rezone pmlx~cty located at NW comer of Pennsylvania and the Northwest Arte6al from a 3 to howeve~ also advising of the approvM to rcmne said property from R-3 TO C 2, presented and read. Ccmncil Member Voetberg moved that the conmmnicauon be Deich, Kluesner, Kneg, Nagle, Nicholson, Voetberg, Nays None. An (~-dinance an~ending die Zoning t)rcanance by adopnng Bulk Rcgulanons lot the 'fable Mound Mobile Home Park R Planned Residential District West of Rockdale Road in the City of Dubuque, Iowa, presented and read. Council Member Voetberg moved that this be considered the first reading of the Otrlinance, and that the ~equirement 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 susFended and further movad that a Public Hearing be held on thc Prope.~ed Orchnance on the 19th day of October, 1992 at 7:30 pn~ in thc Public labra~ Aeditcmum and tllat ale City Clerk publish notice in thc manner prescribed by law Seconded by Council Member KluesnerCarried by the following vo~e: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krie~, Nagl¢, Nichcison, Vocil~erg Nays--None. filed. Seconded by Com~cil Member Nagle. Yeas--Mayor Brady, Council Members belch, Kluesner, Krieg, Nagle, Nicholson. NOTICES OF CLAIM Linda D~)lphin, mportSecoeded by Council Member Nagle. Yeas--Mayor Brady, Council Members Deicb, Kluesne~, Krieg, Nagle, Nicholson, Nagle (arned by the following vote: 383 Special Session, September 14, 1992 vacate an unused storm sewer easement on Lot~ 11 & 12 of MarNa Ridge Estates. Section 2. That the City Clerk he and is he,by authorized and directed to cause a notice to be published as prcscrlhed under Section 364.7 Cede of Iowa, 1989 or as amended. P~qsed, approved ami adopted this 14th day of September, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voetherg moved adoption of the Resolution and further set it for Public Hearing on October 5, 1992 at 7:30 p.m. in the Public Library Audliodum and that the City Clerk publish notice in the manner prescribed by lawSeconded by Cotmnil Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Riuesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Communication of Zoning Commission advising of their approval of an amended Conceptual Development Plan for Lutber M~or Nursing Home, prcscnw, d and read. Council Member Vtx:therg moved that the communication he received and filed. Seconded by Council Memher Nicholson. Carried by the following vote: Yeas~Mayor Brady, Council Members Dnich, Kluesner, Kfieg, Nagle, Nicholson, Voetberg. Nays~None. An Ordinance providing that the Zoning Ordinance be amended by amending the Conceptual Development Plan for Luther Manor Nursing tton~ PR Planned Residential District at 3131 Hillcrcat Road. presented ned readCoun¢il Member Voetberg moved that this be considered the first reading of the Ordinance, and that the reqalrement that a proposed ordhmnce be eonsidexed and voted on for passage at two Council meetings prior to the meeting at whicil it ia to be finally adopted be suspended and further moved that a Public Heating be held on the Proposed Ordinance on the 5th day of October, 1992 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prcscsibed by law. Seconded by Council Member NicholsonCanied by the following vote: Yeas--Mayor Brady, Council Members L~ich, i~Auesner, Krieg, N~% Nicholson, Voetherg. Nays--None. Communication of Zoning Commission advising of their approval to rezone pr~erries at 3300 Asbury Ro~ from C-2 Distsict to C-3 District, presented and read. Council Member Voetherg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Counnil Memlx~rs Delch, Kluesner, Ksieg, Nagle, Nicholson, Voetherg. Nays~None. An Ordinance amending Zoning Ordinance by reclassifying property at 3300 Asbery Road from C-2 Neighborhood Commercial Dis~ct to C-3 General Commercial District, presented and vend. 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 fuffimr moved that a Public Hearing be held on the Proposed Ordinance on the 19th day of October, 1992 at 7:30 p.m. in the Public LibrmT Auditorium and that the City Clerk publish notice in the manner prescribed by lawSeconded by Council Member Kluesner. Carried by the following vote: Yoas~Mayor Brady, Council Members Deich, Kluesner, Krleg, Nagle, Nicholson, Voetberg. Nays--None. Communication of Zoning Commission advising of their approval to rezone property at 2699 Kennedy Road from OR District to OS District, presented and readCouncil Member Voetberg moved flint the conmlunlcation be received aM filed Seconded by Council Member Kfieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nicholson, Voetherg. Nays None. An O~dhmace amending the Zoning Ordinance by reclassifying property at 2699 Kennedy Road from OR Office Re~Sdentini District to OS Office Sc~vic~ Dia~ic~, presented and mad. Council Member Vo~tberg moved that this he considered the Fa'st feeding of the OMinsace, and that the requirement that · proposed Ordinance be considezed and voted on for passage at two Council meetings prior to the rnemting at Milch i~ is to he finally adopted be suspended and furthe~ moved that a Public Heasing be beld on the Prolx~ed Ordinance on the 5th day of October, 1992 at 7:30 p.m. in the Public I~brax7 Auditorium and that the City Clerk publish re,lice in the manner prescribed by law. Seconded by Council Special Session, September 14, 1992 384 Member Kfieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nieholson, Voetherg. Nays---None. Cormnunicadon of Zoning Ordinance advising of their Denial to lezon~ property located at NW comer of Pennsylvania and the Northwest Arterial from R-3 to C-3 however also advising of the approval to re~one said property from R-3 TO C-2, presented and read. Council Mcmher Vcetherg moved that the communication he received and filedSeconded by Council Member Nicholson. Carried by the following vote: Yea~Mayo~ Brady, Council Members Dcich, Kinesner, Kfieg, Nagle, Nicholson, Voetherg. Nays--None. An Ordinance amending the Zoning Ordinance by reclassifying property at the Northwest corner of the Northwest Arterial and Pennsylvania Avenue ~¥om R 3 Mul~ Family Residential to C 3 General Commercial District. (Applicant's Reqnes0; and an Ordinmlce amcnding the 2kming Ordinance by reclassifying property at the Northwest comer of the Northwest Arterial and Peni~sylvania Avenue from R-3 Multi.- Family Residential to C-2 Ncightx)rhood Coramerbial Disihct. (Approvexl by the Zoning Commission), presented and reed. Council Member Voetherg moved that this Dalch, Kluesnor, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. An Ordinance amending the Zoning Ordinance by adopting Bulk Regulations for the Table Mound Mobile Home Park R Planned Residential District West of Rockdale Road in the City of Dubuque, Iowa, presented and reed. Council Member Voetberg moved that this he considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance he cousidered 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 llearing be beld on the Proposed Ordinance on the 19th day of October, 1992 at 7:30 p.m in the Public Library Aeditorium and that the City Clerk publish notice in the mannel prescribed by law. Seconded by Council Member KluesnerCarried by the following vote: Yeas- Mayor Brady, Council Memhers Deich, Kluesner, Krieg, Nag&, Nicholson, Voetberg. Nays None. MINUTES SUBMI'I I'ED 1 lousing Code Aplx~als IIoard of 8 25; Library Board of Trustees of 8-13; Long Range Planmng comrmssion of 8-?~5; Park & Recreation C'onmussion of 8-1l; Plumbing Board of 8~ 25; Riverfront Development Subconwninee of 8-25; Zoning Board of Adlustment of 8- 27; Zoning Conunissaon of 9 2, presented and read. Council Member Nicholson moved that the nunutos he received and filed. SecotMed by Core,cji Member Nagle, Carried by the following vote: Yeas---Mayor Brady, Councg Memhers Deich, Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays--None. NOTICES OP CLAIM Linde Dolph/n, in amount of $924,09 for vehicle damages, presented and mad, Council Member Nicholson moved that the claim he refcrrext to the Legal SCarf for investigation rev~rtSecoeded by Council Memher Nagle. Carried by the following vote: Yeas~Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voethevg. Nays--None. Petition ct Attorney Seven G. Klesner, representing various property owners, ~questing vacation of an easerocnt along the east sade of Kerpex Boulevard who aff~ted by the railroad easement timt runs over their properties, presented and read. Council Member Nicholson moved that the petition be referred to the City ManagerSeconded by Colmcil Member Nagle~ Carried by the following vole: Yeea--Mayor Brady, Council Members 385 Special Session, September 14, 1992 Ddich, Kluesncr, Krieg, Nagle, Nicholson, Voetbe~g. Nays--None. Communication of Zoning Commission advising of their approvals of Subdivision Plats: Final plat of the subdivision of Lot 1 of Peterson Subdivision for Hillcrest Family Services and acquisition plat subdividing Lot A of vacated 10th Street, Lot 3 of City Lot 504 and Lot 1 of the west 100 feet of City Lot 507 for the Freeway Corridor, presented and read. Council Member Nicholson moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nicholson, Voetbetg. Nays--None. RESOLUTION NO, 304-92 RESOLUTION APPROVING THE FINAL PLAT OF THE SUBDWISION OF LOT ! OF PETERSON SUBDIVISION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of tho Subdivision of Lot 1 of Peterson Subdivision in the City of Dubuque, Iowa; and Whereas, said final plat has been examined by the City Zoning Commission and had its approval endorsed thereon; and Wbereas, said final plat has been examined by the City Council and the City Council finds that the same conforn~ to the statutes and ordinances relating thel~to. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above descilbed final plat of the Subdivision of Lo~ 1 of Peterson Subdivision in the City of Dubuque, Iowa, be and thc same is hereby approved and the Mayor and City Clexk are hereby authorized and directed to endocse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 14th day of September, 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Nicholson moved adoption of the ResolutionSeconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Naghi. Nicholson, Voetberg. Nays---None. RESOLUTION NO. 305-92 RESOLUTION APPROVING THE ACQUISITION PLAT FOR A PORTION OF U.S. HIGHWAY 61, AS SHOWN IN EXHIBIT A, IN THE CITy OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk an acquisition plat for a portion of U.S. Highway 61, as shown on the attached Exhibit A, in the City of Dubuque, Iowa; and Whereas, said acquisition plat has been examined by the City Zoning Commission and had its approval endorsed thereon; and Whereas, said acquisition plat ha~ been examined by the City Council and the City Council finds that the same confornxs to the statatus and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above described acquisition plat $z shown on the attached Exhibit A be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said acquisition plat Pa~sed, approved and adopted this 14th day of September, 1992. Jarr~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Nagle. Can~ed by the following vote: Yeas--Mayor Brady, Council Members Deich, Kiuesner, Kfieg, Nagl¢, Nichols(m, Voetberg. Nays--None. Special Session, September 14, 1992 There being no further business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member Nagle. Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Klnesner, Krleg, Nagle, Ninholson, Voetberg. Nays--None. Meeting adjourned at 11:26 p.m. Mary A. Davis City Clerk ~_ 1993. M or Attest: 386