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1992 October Council Proceedings
387 Regular Session, October 5, 1992 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, October 5, 1992. Council Met at 7:30 o'clock p.rc~, Public Library Auditorium. Present: Mayor Brady, Council Memhers Dcich, Klansner, Kfieg, Nagle, Nicholson, Voetherg, Acting City Manager Stephani Johnson, Corporation Counsel Barry A. Liadabl. Mayor Brady read the call and stated this is the Rog;tar Session of the City Council called for the puq~ose to act upon such business which may properly come before the Council. Invocatiun was given by l~bura Gordon, Student Rabbi serving Congregation Beth El. PROCLAMATIONS -- Oetoher 5 as "Child Health Day" tecnived by Peggy Bm'ton; Octoher 7 as "Emergency Nur~a Day" reeeived by ]snot Hefci of Mercy Hospital and para Fincel of Finley Hospital; November 2-8 as "Radiologic Technology Week" reenived by Jennifer Base. Presentation of Certificates of Appreeiadon to City Employees Eric Schneider, Thi Van Phan, and Bill Schwegman. Human Rights Commission Chairperson Roger Malers invited Council to an event. Council Member Voetherg moved that the rules were suspended to allow anyone present to address the Council if they so desire. Seconded by Counnil Member Ksieg. Carried by the following vote: yeas--Mayor Brady, Council Members Dcieh, Kluesner, Kfieg, Nagle, Nicholmn, Vootherg. Nays--None. Proof of Publication eerlifiud to by the Publishes on Notice of Public Hearing to consider disposing of City's interest and vacating an unused 20 foot wide storm sewer no written objections received and no oral Seconded by Council Member Nicholaon. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, KluesneD Krieg, Nagle, Nicholson, Voetherg. Nays--None. RESOLUTION NO. 306-92 Whe~as, pursuant to t~solufion and mblished notice of time and place of heating, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 25th day of September, 1992, the City Council of the City of Dubuque, Iowa met on Se 5th day of October, 1992, at 7:30 p.m. in the Public Library Auditorium, llth and Locust' Dubuque, Dubuque County, Iowa to cc~asider the proposal for the vacation and release of re4fl estate described as: A 20 foot wide storm sewer casement along the boundary line between Lots 11 & 12 of Block 1 of MarNa Ridge Estates in the City of Dubuque, as shown on the plat filed June 22, 1992 tecordud as iastremunt #8929-92 in the office of the ' Recorder of Dubuque County Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CYFY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuqan, Dubuque County, lows in veal ploporty described as a 20 f~ot wide storm sewer easement along the bounda~ llne between Lots 11 & 12 of Block I of MarNe Ridge Estates in the City of Dubuque, Iowa he and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be authorized and dlmcted to execute a Relmue of Easement, and the City Clerk be and is hereby authmlzud and directed to deliver said Release to Maxly & Nancy McNamer upon receipt of the above fees. ' Section 3. That the City Cie~k he and is hereby authorized and directed to record a c0rtified copy of this resohlfion in the office of the City Assessor, Dubuque County Record~ and the Dubuque County Auditor. Regular Session, October 5, 1992 388 Passed, approved and adopted this 5th day of October, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Couucil Member Krleg moved adoption of the Resolution. Seconded by Council Memher Nicholson. Carried by thc following vote: Yeas--Mayor Brady, Council Memhers Deich, Kluosner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Proof of poblieation certified to by the Publisher Notic~ of Public Heating to consider disposing of a 30 foot City owned easement in Riverfront Subdivision No. 3, presented and read. There were no written objections received and no oral objectors present at the lime of the Hearing. Council Member Nagle moved that the proof of publication he received and filed. Seconded by Council Member Nicholson. Caviled by the following vote: Yeas--Mayor Brady, Council Members Dcich, Khiesner, Krieg, Nagle, Nicholson, Voctherg. Nays--None. RESOLUTION NO. 307-92 Whereas, p~suant to resolution and published notic~ of time and place of hearing in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa. on the 25th day of September, 1992, the City Council of the City of Dubuque, Iowa, met on th~ 5th day of October, 1992. at 7:30 p.m. in the Public Library Auditorium, llth and Lc¢ust, Dubuque County, Iowa, to consider the vacation of pen of an existing well easement located on Lot 2 of Lot 2 of Lot 2, Block 6 and Lot 2, Block 5, and Lot 3 of Lot l, Block 5 of Riverfront Subdivision No. 3 in the City of Dubuque, lows, as shown in Exhibit A attached and coasidered a part hereof; and Whereas, the City Council overruled any and all objections, oral or written to the proposal to dlspo~ of interest of thc City of Dubuque, Iowa, in the bu~inabove described real estate to Lyle F. and Ann Dubuque, low~. NOW, THEREFORE, BE II' RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the vacation of a part of Lot 2 of Lot Z, Blc~k 6 and Lot 2, Block and Lot 3 of Lot 1, Block 5 of Riverfront ;ubdivision No. 3 (as shown on attached Exhibit A, dated September 2, 1992 and considered a part hereo0 in the City of Dubuque, Iowa, m Lyle F, and Ann Whalen, Dubuque, Iowa, he and the same is hereby approved for the sum of $1,200 in addition to all platting, publication and recording costs. Section 2. That the City Clerk he and is hereby authorized and directed to record a ceffified copy of this Re. solution in the Office of the City Assessor, Dubuque County Recorder and the Dubuque County Treasurer. Passed, approved and adopted this 5th day of October, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Nagle moved adoption of the Resolution. Seconded by Council Memher Nicholson. Carried by the following vote: yeas---Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Proof of Publication certified to by the publisher on Notice of Public Heating advising of intent to acquire real estate at 642 University Avenue and communication of Acting City Manager submitting Resolution authorizing purchase of property at 642 University Ave., presented and read. There were no written objections ~ceived and no oral objectors present at the time of the Heating. Council Member Voetherg moved that the proof and communication he received and filed. Seconded by Coundil Member Nagle. Canied by the following vote: ye~s--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle. Nicholson, Voetberg. Nays~None. RESOLUTION NO. 308-92 RESOLUTION APPROVING THE PURCHASE OF REAL PROPERTY LEGALLY DESCRIBED AS EAST ONE-HALF 0g ) AND NORTH ONE-HALF (N) OF LOT TWELVE (12) OF KELLY'S SUBDIVISION, (ALSO KNOW AS 642 UNIVERSITY AVENUE) IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, ACCORDING TO T~E R~ORDED PLAT THEREOF 389 Regular Session, October 5, 1992 Wbere~, pursuant to notice duly published in thc Telegraph Iieodd newspaper, thc City Council of Dubuque, Iowa, nmt on the 5th day of October, 1992. at 7:30 p.m. in the Carnegie Stout Public Library Auditorium, llth and Bluff Street, Dubuque, lows, to consider the proposal to acquire real estate located at 642 University Avenue, which property is legally de~csibed a.s follows: Fast One-half (E) and North One- half (N) of Lot Twelve (12) of Kelly's Subdivision, in the City of Dubuque, Dubuque County, lowa' according to the recorded plat thereof; Whereas, such property is proposed to be purchased, from Dubuque County, for One Dollar ($1.00); and Whereas. the City Council of the City of Dubuque, Iowa, has overruled any and all objections, oral and written, to the proposal to acquire the herein and above-named real NOW, THERF~ORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the acquisition by the City of Dubuque of the above-described property is hereby approved, subject to review and approval of a deed conveying such property. Passed, approved and adopted this 5th day of October, 1992. Attest: Ma~ A. Davis City Clerk Council Member James E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Naghi. Canted by the following vote: Yea~--Mayor Brady, Council Members Deich, Kluesner, Kfing, Nngle, Nicholson, Voetherg. Nays--None. Proof of Publication cetrfied to by the Publisher on Notice of Public Hearing to amend the Conceptual Development Plan for Luther Manor Nursing Home, presented and read. There were no written objections x~ulved and no oral objectors present at the llm~ of the Hearing. Council Member Ktuesner moved that the proof~of publication be received and filed. Semonded by Council Member Krieg. Carded by the following vote: Yeas---Mayor Bmdy, Council Members Dcqch, Kluesner. Krieg, Nagle, Nicholson, Voetberg. Nays--None. An Ordinance amending Zoning Ordinance by amending the Conceptual Development Plan for Luther Manor Nursing Home PR Planned Residential District at 3131 HiBcrest Road, said Ordinance having been presented and read at the Council me, ting of 944-92, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 73-92 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, TO AMEND THE CONCEPTUAL DEVELOPMENT PLAN FOR LUTHER MANOR NURSING HOME PR PLANNED RESIDENTIAL DISTRICT AT 3131 HILl,CREST ROAD. Whereas, Luther Manor Nursing Home, owner and applicant, has filed an appticallon for zoning reclassification and an amended conceptual development plan for certain properties hereinafter described in acandance with provisions of the PR Planning Residential regulations as set forth in Section 3-1.6 of the Code of Ordinances, Append/x A thereof, of the City of Dubuque, lows; and Whereas, the Zoning Comm/ssion has held a public hearing on said amended conceptual development plan pursuant to required published notice; and Whereas, the Zoning Commission has approved said amended conceptual development subject to specific conditions and restrcfions, having found that said plan conforms with the ~evicw standards applicable to such plans as set forth in Section 3-L6(DX4) of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa. Whereas, the Zoning Commission recommended the approvul of said aw~nded conceptual development plan and concurrence of the City Council. Regular Session, October 5, 1992 390 Whereas, the City Council has received the recormnendallon of the Zoning Commission and held its own public heating on said amended conceptual development plan pursuant to required publishud notice. Whereas, the City Council has approved said amended conceptual development plan subject to the same specific conditions and restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That in order to accomplish the purpose of the PR Planned Residential District of the Zoning Ordinance of the City of Dubuque, Iowa, the amended conceptual devulopmont plan for Luther Manor Nursing Home, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described propexty, to wit: Lot 2 of Lot 1 and Lot 2 of Lot I of Lot 1 of Lot 1 and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the puq:oses of the PR Planned Residential District and of the Zoning Ordinance, the above degrihed property is subject to the following conditions and re~trctlons: A. Use Regulations. The following regulations shall apply to all uses made of land in the above deacsihed PR Planned Residential Distrct: 1) Psiucipni permitted uses shall be lin~ted to the following: a) Nursing H~me [7] b) Apartments for thc Elderly c) Offices for udn'dnisttativc personnel or other institutionul employees or affiliates 2) Access~cy uses. The foitowing uses shall be permitted as accessory uses in thc above described PR Planned Relddential Dis~ict: a) All uses customarily incidcntni to the principal penultted use in conjunction with which such accessory use is operated or B. Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: 1) ~ building sRuctures and activities shaR be located in conformance with the attached amended conceptual development plan. 2) All final site development plans shall be approved in accordance with the PR Planned Residential District regulations as provided in the Zoning Ordinance of the City of Dubuque, Iowa. C. Performance Standards. Tho development and maintenance of uses in this PR Planned Residential District shall he established in conformance with the regulations of Section 3-1.6 of the PR Planned Residential District. D. Site Development Standards. The site development standards for this PR Planned Residential District shall be established a~ follows: 1) Landscaping and sc~enthg ~.~qnirements shall be established in accordance with the mqui~ments of Section 4-5 of the Zoning Ordinance of City of Dubuque, Iowa. All other site development standards or Section 4-4 shall apply. The sign regulations shall be the same os that which am allowed in Section 4-3.11 of ~he Zoning Ordinance of the City of Dubuque. lowL F. Additional Standards. The off-sm:et parking requirement for the principal penul~d as~ for the herein descsibed PR Planned Residential District shall he as shown on the attached an~uded conceptual development plan. 0. The amended conceptual development plan shall be valid for a posted of three years provided a final site devuloprcent plan is submitted within one year of the date of approval. J J~{ 391 Regular Session, October 5, 1992 1L fransthr of Ownershi~ 1) Transfer of ownership of lease of property in tiffs PR Planned Residential District shall include the transfer or lease agr¢~emeut, the provision flint the pttrchasex or lessee acknowledges awareness of the conditions Passed, approved and adopted this 5th (lay of (Htober, 1992. James E, Brady Mayor Attest: Mary A. Davis City Clerk ACCEFFANCE OF ORDINANCE NO. 73-92 l, Mark Noble. Administrator. Luther Manor Nursing Home. having read the telms and conditions of the foregoing Ordinance llome An Ordinance amending Zoning Ordinance by reclassifying propm-ty at 2699 Kennedy Road f~om OR Office Residenlial District to OS Office Service District, said Ordinance lm~ing been presented and read at the Council Meeting of 944-92, presented lbr final action. (OIqqCIAL PUBLICATION) OIL1)INANCE NO. 74-92 AN ORDINANCE OF TIlE CITY OF DIJBUQUE~ IOWA PROVIDING TIIAT THE CODE OF ORDINANCES, CITY OF DUIIUQUE~ IOWA, BE AMENDED BY REVISING APPENDIX A TI{EREOF~ ALSO KNOWN AS THE ZONING ORDINANCE OF TIrE CITY OF DUBU~tlE, IOWA, itY RF~LASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 2699 KENNEDY ROAD FROM OR OFFICE RESIDENTIAL DISTRICT TO I)S OFirICE SERVIUE I)ISTRIC'P. NOW TI IERF~ORF BE IT ORDAINED i~i itii: Li'i'[ CGUNCIL OF TiIF Ct'r~' presented and read Them were no written _Mary_.A..Davis l~.blic~fio,i hc rccalv;d ra;d fil~d. ~ecor. d:fl by Conncil Member Nagle. Calried by the following vo~u: Yeas---Mayor Brady, Council Members Deich. mlueSllOr, Kfieg, Nagle, Nicholson. Voetberg. Nays--None, 1992. Mary A. Davis It 10/12 City Clerk Regular Session, October 5, 1992 392 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Nagle. Carded by the following vo~: Yeas---Mayor Brady, Council Members Dcich, Kluesner, Krieg, Naglo, Nicholson, Voetberg, Nays--None. l~oof of Publication certified to by the Publisher on Notice of Public Heating to amend Ordinances No. 17-84 and 2-91 which established and amended the lulien Dubuque Drive PI District and petition with 19 signatures opposing rezoning of Julien Dubuque Drive, presented and read. Council Member Kfieg moved that the proof and petition be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas---Mayo~ Brady, Council Membem Deich, Ktuesner, Kneg, Nagle, Nicholson, Voctberg. Nays--None. Mike Lenstra, David Hanig, Tom Nesler, Connie Bromberg, Steve Schultz. all spoke opposing rezoning. Ed Tschiggfrie spoke requesting rezordng. An Ordinance providing for Ordinance No 2 91 which (ObI"I(?IAL PUBLICATION) ORDINANCE NO. 75-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE AMEN~DMENT OF ORI)INANCE 17-g4 AND ORDINAN(F 29/ WIIICH ORDINAN( E Whereas, tho Zoning Comnission has approved said amended conceptual development plan subject to specific conditions and restrictions having found that said plan conforms with the review standards applicable to such plans as ~et forth in Section 3-43 of the Cede of Ordinances, Appendix A tbe~woof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission recommended the concurrence of the City Council and approval of said amended conceptual development plan; and Whereas, the City Council has received the recommendation of the Zoning Commission and held its own public hearing on said amended conceptual development plan pursuant to required published notice; Whereas, the City Council has approved said amended conceptual development pias~ subject to the same specific conditions and restrictions. NOW THF~EFORE, BE IT ORDAINED BY TILE. CITY COUNCIL OF THE CIIT OF DUBUQUE, IOWA: Secuon 1. 'lhat Ordinam~e No. 2 91 be "Any pnncip~ pernatted, accessory or comtiuonal use pemtitted in the ill Heavy amended by reqpea~ng the Devel ~o[~me. nt Land Use Ma~ and enacting a new ~ Land Uso Ma~ in lieu thereof. 391 Regular SessKm, 1L Transtm' of OwnershilE 1) Transfer of ownership or lease of property in tiffs PR Planned Residential District shall include tile transibr or lease agreement, the provision that the purchaser or leasee acknowledges awareness of the coodifions authorizing the establishment of the disnict. Passed, approved and adopted this 5th day of October, 1992, lames E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEIVFANCE OF ORDINANCE NO. 73-92 1, M~rk Noble, Administrator, Luther Manor Nursing Home, having read the texms and conditions of the foregoing Ordinance No. 73-92 and being familiar with the coaditions thereof, hereby accept this same nad agre~ to the conditions required therein. Dated in Dubuqne, Iowa this 13th day of October, 1992. By/s/Mark S. Noble, Administrator, Luther Manor Nmsing ltonm Published officially in the Telegraph Herald newspaper this 20th day of October, 1992, Mary A. Davis CMC It 10/20 City Clerk Council Member Kluesner moved final adoption of the Ordinauce. Seconded by Council Member Krieg. Carried by the following vote: Yeas-~Mayor Bredy, Cmmcil Members Deich, ,gAuesner, Krieg, Nagle, Nicholson, Voetberg. Nays- -None. Proof of Publication certified to by the Publisbt~ on Notice of Public Hearing to reclassify pPapel'ty at 2699 Kennady Road. objections received and no oral obiec~rs Member Kluesner moved that the proof of publication be received and tiled, Sez:oeded by Cmmcil Member Nagle. C~rfied by the. October 5, 1~92 An Ordinance amending Zoning Ordinance by reclassifying property at 2699 Kennedy Road from OR Office Residential District to OS Office Sea'vice District, said Ordinance having been presented and read at the Council Meeting of 9. 14-92, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 74-92 AN ORDINANCE OF THE CITY OF DUBUQUE~ IOWA PEOV1DING TilAT TIlE CODE OF ORDINANCES, CII'~ OF DUBIJQUE~ IOWA, lie AMENDED BY REVISING APPENDIX A TIIEREOF, Al,SO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED pROPERTY AT 2699 KENNEDY ROAD FROM OR OFEICE RF. SIDENTIAL DISTRICT TO OS OEFICE SERVICE DISTRICT. NOW THERF~ORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That die Code of Ordinances of rite City of Dubuque, Iowa, be amended by mvising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to request the hereinafter dascfibed property from OR Office Residential Dia~et to OS Office Service Dish'ich to wit: Lot 2 of Old Timers Aflfletic and Supper Club Place, and to rite center line of the adjoining public fight-of-way, all in the City of Dalmque, Iowa. Section 2. Tbat the fl>mgoing amendment has heretofore bew. n reviewed by lhe Zo~fing Cotnmission of the City of Dubuque, Iowa. Mayor Clerk Regular Session, October 5, 1992 392 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Meml~r Nagle. Canied by the following vote: Yea~--M~y~ Brady, Council Members Delch, Kluesner, Kfieg, Nagle, Nicholson, Voetherg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Public Heating to amend Ordinances No. 17-84 and 2-91 which established and amended the Julien Dubuque Drive PI District and petition with 19 signatures opposing rezoning of Julien Dubuque Diive, presented and read. Council Member Krieg moved that the proof and petition he received and filed. Seconded by Council Member Nicholson. Carried by thc following vote: Yeaa~Mayor Brady, Council Members Deich, Klueaner, Krieg, Naglo, Nicholson, Voetherg. Nays--None. Mike Lenstsa, David Harfig, Tom Nesler. Connie Bromberg, Steve Sehditz, ail spoke opposing tezoning. Ed Tschiggftle spoke requesting mzoning. An Ordinance providing for the an~ndment of Ordinance No. 17-84 and Ordlnar¢~ No. 2-91 which ordinance established and amended Julien Dubuque Drive PI Planned Industrial District, first reading given on 9-8-92, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 75-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING FOR THE AMENDMENT OF ORDINANCE 1%84 AND ORDINANCE 2-91 WHICH ORDINANCE ESTABLISHED AND AMENDED JULIEN DUBUQUE DRIVE Pi PLANNED INDUSTRIAL DISTRICT. Wberem% Edward 'rsclfiggfnc, owner and applicant, h~s filed an applica6on for approval of an amended conceptual development plan in ac. con:lance with provisions of the PI Planned lndustnal DisMct regulations as set forth in Section 3- 4.3 of the t2cxle of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; ~d Wbere&s, ~ Zoning Conunisalon nas held a public heating on said application fez an amench~J conceptual development plan developmem plan subject to specific conditions and realricfions having found that said plan c~forms with the review standards applicable to such plans as mt forth in Section 3-4.3 of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission recommendad the concun~nce of the City Council and approvld of said amended conceptual development plan; and Whereas, the City Council has received the recommendation of thc Zoning Commission ~ held its own public hearing on said amended conceptual davelopm~nt plan pursuant to rcqdired published notice; and Whereas, the City Council has approved said amended conceptual development plan subject to the same specific conditions and restrictions: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 2-91 be amended by repealing Section 2.A(1) th¢leof and enacting a new Section 2.A(1) in lieu thereof, as follows: "Any principal pem~itted, accessory or conditional use pemfitted in the HI Heavy Industrial District shall bo permitted provided such use conforms with Section 3-4.3 PI Planned Industrial District of tbe Zoning Ordinarme, with the exception of Parcel 'D" and parcel "B" on which cmly uses numbered 1 through 52 inclusive in the HI Heavy Industrial District shall be pemfitted, except as provided berealter." Secllon 2. That Ordinance No. 2-91 be amended by repealing Section 2.C(3) thereof and enacting a new Section 2.C(3) in heu thereof, as lbllows: "Building and structure heights shall be hn~tad to one hmidrad feet ti00') except for Parcel "D" and parcel 'B" which shall be limiteA to fifty feet (50'). Antennae, cornmunicahon towers, pubhc utilities, e~c., _U.U~se~.~M.a~ and enacting a new Developll~ .[:.a..n.[I .~!~s?..~9~px~rl~n~e~d- in lieu thereoL 393 Regular Session, October 5, 1992 Section 4. That Ordinance No. 17-84, except aa amended by Ordinance No. 2-91 and aa herein amended, shall re0min valid. passed, approved and adopted this 5th day of Oclober, 1992. Jern~s E. Brady Mayor Atlest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 12th day of October, 1992. Mary A. Davis It 10/12 City Clerk Council Member Krieg moved that this be considered the second madiag of Ordinance, attd that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the me. ting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Can'ied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagie, Niche:son, Voetberg. Nays--None. Council recessed at 9:14 p.m.; Council rgconvened at 9:34 p.n~ BOARDS AND COMMISSIONS: Communication of Teny Duggan requesting reconsideration be given regarding serving on two different Commissions, presented and read. C{mncil Member Kluesncr moved that the communication be recdived and filed and resignation accepted with regret. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddieh, Kluesn~r, Ksieg, Nagle, Niehol~on, Voetberg. Nays--None. A.A.A.A.A.A.A.A.A.~intment to Investment Oversight Commission: One one-year term which will expire 7-1-93. Applicants: Julia Tuohy Glab, Patti D. Laasance~ Hiram 0. Melendaz, Janet Westenqdid. Julia Olab, Janet Westerfield, Hiram Mblendez spoke requesting appointment. Vote on tbe appointment was as follows: Mayor Brady voted for Wes:m-field. Council Member I~ich ,voted for Westerfield. Council Member Kluesner voted for Glab. Council Member Kdeg ye:ad for Olab. Council Member Nagle voted for Olab. Council Member Niche:son voted for Ohib. Council Member Voetberg voted for Ghib. Th~fore, Julia Tuohy Ghib appointed to a one year term which will expire 7-1-93 on the Investment Oversight Commission. ~ Commission Trust Fund Conmtittee: One one-year term which will expire 9-8-93, One two-year term which will expire 9-8-94 and one thrue-yeer term wi:ich will expire 9-8-95 (all from Ilousiag Comm.). Applicants (all from Housing Commission): James Stock, James Gcisen and Ruth Clark. First vote on the appointment was as follows: Mayor Brady voted for Clark. Council Member Deich voted for Stock. Council Member Kluesncr voted for Cla~k. Council Member Kfiag voted for Clark. Council Member Nagle voted for Stock. Council Member Niche:son voted for Oeisen. Council Member Voetberg voted for Gdiaen. There being no majority a second vote was taken. Mayor Brady voted for Clark. Council Member Deich voted for S~ck. Council Member Kluesner voted for Clark. Council Member Krieg voted for Sto~k. Council Member Nagle voted for Stock. Council Member Niche:son voted for Geisen. Council Member Voetberg voted for Oeisen, There being no majority vote, a third vote was taken, Mayor Brady voted for Cla~k. Council Member Ddich voted for Stock. Council Member Kluesner voted for Clark. Council Member Ksiag voted for Stock. Council Member Nagie voted for Stock. Council Member Nichohion voted for S~k, Council Member Voetberg voted for Clerk. Therefore, James Steak appointed to a thru year term which will expire 9-8-95 on the Housing Commission Trust Fund Committee. Vole on the two year term of the Housing Commission Trust Fund Committee: Mayor Brady Voted for Clark. Council Member Deich voted for Ocisen. Council Member Klueane~ vo~d for Clark. Council Member Kriag voted for Clark. Council Member Nagle voted for Geiaou. Council Member Nicholson voted for Geisen. Council Member Vuetberg voted for C~isen. Therefore, Jan~s Ooisen apl~inted to a two year term which will expire 9-8-94 on the Housing Commission Trust Fund Committee. Council Member Voetberg moved that Ruth Clark be appointed to the one year term on the Housing Commission Trust Fund Commission which will expire 9-8-93. Seconded by Council Member Kluesocr. Carried by the following vote: Yca~--Mayor Brady, Council Members Deich, Kluesner, Klieg, Nagle, Nicholson, Voetberg. Nays--Nou¢. Regular Session, October 5, 1992 394 Communication of Cable Franchise Administrator submitting resignation of l~loyd Cook from Cable Community Teleprogrammiag Commission, presented and read. Council Member Nichohion moved that the communication be received and filed and accepted with regret. Seconded by Council Member Voetherg. Carried by the following vote: Yeas Mayor Brady, Council Members Deich, Kluesncr, Kriag, Naghi, Nicholson~ Voetbeig. Nays--None. Council Member Kluesner moved that David Wolf be appointed to the er~xpired .term on the Cable Community Telopmgram- ming Conunissiou, which term will expire 6- 30-95. Seconded by Council Member Vontberg. Canied by the following vote: Yeas~Mayor Brady, Council Members Deich, Kluesncr, Krieg, Nagie, Nicholson. Voetberg. Nays--None. Petition of Michael & Rhonda Kronfbldt, Carroll & Judith Clark and John & Marcia Rettonmaler requesting the ~oposed zoning change be placed back on the table and continue the hearing for a zoning change from C-1 to C-2 for proparfie~ at 1105-1155 Loraa Blvd., presented and reed. Council Member Voetberg moved that the petition be referred te the City Manager. Seconded by Council Member Nicholson. Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesner, Kriag, Nagle, Nicholson, Voctberg. Nays--None. Mark Rettonmaler spoke to the requested rezoniag, Petition of John Rettenmaier requesting vacation of a public alley to east side of Rettonmaier Flooring at 1105 Loraa Blvd., presented and ~d. Council Member V~etbe~g moved that the patiilon be refened to the City Manager. Seconded by Council Member Nicholson. Canied by the following vo~: Yem---Mayor Brady, Council Membeas Ddich, Klueuner, Kriag, Nagie, Nicholson, Voetherg. Nays--None. Communication of Jeff Mozena, Cha~on of Long Range Planning Commission requestiag support and funding to secure the services for Urban Planning and Designing Firm te help develop a comprehensive plan and action strategy for the City's riverfront con'idor, l~esented and re~. Council Member Kriag moved that the communication be received and filed and authorized matching funds of 50% for FY 93-94. Seconded by Council Member Voetberg. Canied by the following v~e: Yeas--Council Member~ Kluesner, Faieg, Nagle, Nicholson, V~ctberg. Nays--Mayor Brady, Council Member Delch.. Jeff Mozena and Carla Crahan spoke requesting approval. Communication of Acting City Manager responding to Council's request for magazine collection and reeyciing alternatives and requesting establishment of a magazine drop- off site, p~sunted and mad. Council Member Voetberg moved to approve the l~e~:omn~ndafion. Seconded by Council Member Nagle. Vote on the motion was aa follows: Yeas~ouncil Members Ddich, Klueaner, Voetberg. Nays--Mayor Brady, Council Members Ksiag, Nagle, Nicholson. Motion failed, Sco~t DilUnar and Rick Henderson spoke to the communication. Communication of Robert Jacobs and residents of Cerro Dr, requesting that all sidewalks be totally replaced with the Cerm Drive rexonstmction, presented and read. Council Member Kluesner moved that the communication be received and filed and referred to Staff. Seconded by Council Member Kriag. Can'ied by :be following vote: Yans--Mayor Brady, Council Members Deich, Kluesner, Ksiag, Nagle, Nicholson, Voetberg. Nays~None. Communicailon of Paul Sehnitz of Friends United for a Safe Environment CerISE) requesting immediate ceasing of incineration of railroad waste oil sludge and such similar material at the Waatewamr Treatmemt Plant, presented and read. Mr. Sehultz, Attorney David Hammer, Attorney Roger Kelly all spoke ~lue~ting suspension of burning with the waste oil sludge. Mayor Brady moved that the conmmnlcafion be ref.~ived and filed and concurred with ceasing of incincerafion of railroad waste ell sludge as soon as possible, being no later than December 31, 1992. Seconded by Council Member Daich. Canied by the following vote: Yeas Mayor Bredy, Council Members Klu~sncr, Kriag, Nagle, Niebelson. Nays-Council Members Daieh, Vo~tberg. Cormnunicafion of Acting City Manager requesting approval of a request for waiver of HUD regarding con::itt of interest regarding Housing Commissioners' participation hi Sec. 8 Program, presenled and read. Council Member Kluesncr moved that the unmmuhicafion be received and filed 395 Regular Session, October 5, 1992 and ~quest approved. Seconded by Counell Member Voetberg. Carried by tbe fi)llowing vote: Yeas--Mayor Brady, Council Members Klueancr, Y,.fieg, Nagle, Nicholson, Voetberg. Nay~oanell Member Delch. Communication of Acting City Manager submitting a Resolution to ~cquire Real Estat~ located at 683 Angella Sla~et, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Kinesner, lfiieg, Nagle, Nicholson, Voetberg. Nays~ounell Member Delch. RESOLUTION NO. 309-92 RESOLUTION OF INTENT TO ACQUIRE REAl, ESTATE AT 683 ANGELLA STREET, IN THE CITY OF DUBUQUE. Whereas, the City of Dubuque is commitled to enforcement of housing quality standards and to the provision of assistanc~ toward the addition of housing units to the City's inventory; and Whereas, acquisition of suitable properties, in specific instances, is an appropriate means of achieving these goals. NOW, THEREFORE, BE 1T RESOLVED BY TIlE CITY COUNCIL OF TIIE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque hereby gives notice of its intent te acquire the foflowing legally described property, from Patriela Kaune: Easterly Thirty-Eight feet (E38') of Lot Twenty (20) of Qalgley's Subdivision of Out Lots 712 and 711 in the City of Dubuque, Dubuque County, lows, according to the recorded plat thereof. Passed, approved and adopted this 5th day of October, 1992. James E, Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Caxsied by the following vote: Yeas--Mayor Brady, Council Members Kluesn~, gxing, Nngle, Nicholson, Voetberg. Nays~ounell Member Delch. Conanmficafion of Acting City Manager requesting preliminary approval of sale of City-owned property at South Locust and Valley SC F~xtension to Ray tIansen and Anna Mae Hansen, prescn~l and mad. Coancti Member Voetberg moved that the communication ho received and filed and approved recommendation. Seconded by Council Member Krleg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klnesncr, Krlcg, Nagle, Nicholson, Voetherg. Nays--None. Communication of Acting City Manager, in response to a petition of homeowners in Arbor Oaks Subdivision, submitting Ordinances providing for traffic control signs at intersection of /Lrbo~ Hills Drive and Highland Park Rd., however recommending adoption of Ordinance providing for Yield Signs at said intersection; Petition of Saner EI-Khatib and Susan Whitty et al (44 signers) requesting placement of stop signs on Arbor Hills Drive at the intersection of ltighland Park Drive and Arbor Hills Drive, an ORDINANCE, ameeding the Cede of Ordinances of the City of Dubuque by modifying Subsection (b) of Section 32-216 thereof providing for the addition of Yield Signs at intersection of Axbor ltills Drive and Highland Pa~k Drive; and an ORDINANCE amending the Code of O~dinances of the City of Dubuque, lows by modifying Subsection (b) of Section 32-214 thereof providing for the addition of Stop Signs on Arbor Hills Drive and Highland Park Drive, presented and read. Council Member Krieg moved that this matter be tabled to the Council Meeting of 10-19-92. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesne~, Krleg, Nagle, Nicholson, Voetberg. Nays--None. Communication of Acting City Manager in lesponse to a petition of homeowners on Concord Ct. submitting an Ordinance providing for traffic control signs at intersection of Concord Street, Marion Street, Stegnore Strict (aka St. $oseph's St.) and Concord Court; and Petition of Irwin J. Bebs opposing erection of Stop Signs at the six-gay interseogon of Concord Street and requesting delay of any traffic changes until Highway 20 ~onstrucfion is completed; an ORDINANCE Amending the Code of Ordinances of the City by adding new intersections to Subsection (b) of Section 32- -214 thereof providing for the addition of Stop Signs at the Intersections of Marion Regular Session, Street, Concord Street, Concord Court, and Stetmore Sweet, presented and read. Council Member Kdeg moved that this matter be tabled to the Council meeting of 10-19-92. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Nagle, Nichol~on, Voctho~g. Nays--None. Communication of Acting City Manager submitting an Ordinance providing for installation of Stop Signs at intersection of Camelot Dr. and Rndford Rd., an ORDINANCE amending tho Cede of Ordinances by adding a new intersection to subsection (b) of Section 32-214 thereof providing for a Stop Sign at the intersection of Can~lot Dr. and Rndford Rd., presented and read. Council Member Krieg moved that this matter ho tabled to the Council Mc~fing of 10-19-92. Sexonded by Council Member Nngle. Canied by the following vote: Yeas---Mayor Brady, Council Members Delch, Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays--None. Communication of Acting City Manager in response to a petition from Country Springs Home Owners Association submitting an Ordinance providing for the installation of Stop Signs at the intersection of Pasadena Drive and Foothffi Court and further recommending installation of a Yield Sign on Hillcrest Road (north) and Pasadena Dr.; ORDINANCE Amending the Code of Ordinances by modifying Subsection (b) of Section 32-214 thereof providing for the addition of Stop Signs at intersection of pasadena Dr. and Foothill Ct.; ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (b) of Section 32-216 thereof providing for the Addition of a Yield Sign at the intersection of Hillcrest Road (North) and Pasadena Drive.. presented and mad. Council Member IG-ing moved that this matter be tabled to the Council meeting of 10-19-92. Seconded by Council Member Nagle. Canled by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesn~, Krieg, Nag/e, Nichol~on, Vcetho~8. Nays--None. Communication of Acting City Manager submitting a Resolution authorizing the October 5, 1992 396 distribution of Community Parmership FYngram (cp2) Funds, presented and read. Council Member Kring moved that the communication be received and filed. Seconded by Council Member Nngle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Nngle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 310-92 RESOLUTION AUTHORIZING AWARD OF COMMUNITY PARTNERSHIP PROGRAM (op2) FUNDS Whereas, under the provision of Title 1 of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant (CDBG) funds for the development and maintenance oft viable urban community through thc provision of decent housing, a suitable living environment and expanded economic opportunities for its residents, pafficelady those persons of low and moderate income; and Whereas, the Community Partnership Program (cp2) was developed in response to the national goals and objectives of the CDBG program and the City of Dubuque's desire to encourage, on a local level, new and innovative private and no~profit effo~s to enhance and imp~ve the llvability of the community, pardcdiady for citizens of low/moderate income meaps; and Whereas, amended guidelir~s fc~ the implementation and adminlsltadon of the Community Partnership Program (op2) have been developed and approved by the City Council by Resolution No. 259-92 on July 20, 1992. NOW THERF~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby awards Community Partnership Program (cp2) monies to the following locad nonprofit organizations. The award shall consist of a grant to the organization for the identified project and shall not exceed the amount noted below, 397 Regular Session, October 5, 1992 Barn Community Accessibility $9,050 Theater, Inc. Project Dubuque Food Plentiful $13,725 Pantry, lac, ltarvest Dubuque Rescue Commtmity $5,930 Mission Center Gannon Center CPS Van $10,000 Little Cloud Outreach Girl Scout Program Council $6,700 Operation: The l.eaming $5,000 New View Tree SL Stephen's Food Bank Office Upgrade $5,200 Section 2. That the Acting City Manager be mid she is hereby authorized to develop and execute contracts with representatives from the aforementioned organizations in accordance with the program guidelines established for the Community Partnership Program and the Community Development Block Grant program. Section 3. That upon execution of said contracts, the Acting City Manager is hereby auti~dzed and direc~l to disburse program funds in support of the approved projects and in accordance with the terms and conditions established in said contracts. passed, approved attd adopted this 5th day of October 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kriag moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by tile following vote: Yeas Mayor Brady, Council Members Deich, Kinesner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. Commuuieation of Acting City Manager requesting City Council approval of the Rental Agreement between Five Flags Civic Center and The Dubuque Fighting Saints for the 1992-1993 Hockey Season, presented and read. Council Member Nagle moved that the communication be received and filed mad agreement approved. Carded by the following vote: Yea~-Mayc~ Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Communication of Acting City Manager sub~uithng Resolutions related to the compledon of the Downtown llotel Project, pl~sented and xead. Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas~ouncil Members Deich, Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays~Mayor Brady. RESOLUTION NO. 311-92 RESOLUTION AUTHORIZING THE EXECUTION OF A CERTIFICATE OF COMPLETION FOR TtlE DOWNTOWN HOTEL PROJECT Where4~, under date of April 16, 1990, the City of Dubuque entered into a Contract of Sale of Land for Private Redeveloprc~nt with Blue Moon Development Company (Iowa), for real estate hereinafter described; and Wherea& under the terms of said contract the subject real estate was conveyed by file City of Dubuque to Blue Moon Development Company (Iowa), who conslructad thereon ce~ain improvements; and Wbeve*s, Section 307 of said contract provides that upon completion of the improvements the City of Dubuque will furnish Blue Moon Development Cempany (Iowa) a Certificate of Completion; and Whereas, it has determined that the required improvements have been satisfactorily completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Certificate of Completion for the Blue Moon Development Company (Iowa), for the improvements Ioca~l on Block 14 and Lei A and B of Bl~ck 14, ail in Dubuque Downtown plaza in the City of Dubuque, lows, situated in the Downtown Urban Renewal Project, Iowa R- 15. Section 2. That the Clerk be and she is hereby authorized and directed to file a copy of this resolution and the executed copy of the Certificate of Completion in the office of Regular Session, October 5, 1992 398 the County Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of October, 1992. James E. Brady Mayor Attest: Ma~y A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Nichohon. Carded by the following vote: Yeas--Connull Members Deich, Kluesncx, Kriag, Nagle, Nicholaon, Voetberg. Nays--Mayor Brady. RESOLUTION NO. 312-92 RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN TH~ BLUE MOON DEVELOPMENT COMPANY (IOWA) AND THE CITY OF DUBUQUEo IOWA Whereas, on April 16, 1990, the City of Dubuque entered into a contsnct for sale of land for private ~edevulopment with Blue Moon Development Company (Iowa), for cecatin real estate in downtown Dubuque; and Whereas. und~ the tenm of ~aid contract, Blue Moon Ocvelopmant Company (Iowa) is to convey to th~ City of Dubuque a public access easement th~ufih the property; and Whereas, a public spnc~ ea~ement agreement ha~ been prepared and executed by Blue Moon Development Company (Iowa) and is hereby attached and made a part hereof; and e4~ement agreement is in the interest of the public. NOW, TIIEREFORE, BE ~ RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached easement agre~ement between file Blue Moon Development Comlmny 0owl0 ~md tile City of Dubuque, Iowa is hereby approved and the Mayor and City Cledr bo and they are hereby authorized and directed to execute said agreement tva behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and she is hereby authorized and directed to ftic a copy of this easement agreement in the office of the County Recorder in and for Dubuque County, lows. Passed, approved and adopted this 5th day of October, 1992. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Nicholson. Canied by the following vote: Yeas--Mayor Brady, Council Member~ Deich, Kluesncr, Krleg, Nagle, Nicholson, Voetberg. Nays--None. Communication of Acting City Manager submitting the FY 1994 Budget Guidelines, presented and read. Mayor Brady moved not exceed 3.4%. Seconded by Council Member Dolch. Carried by tbe following Deich, Kluesner, Nagle. Nays~ouncil thc Badg~t Guidelines as amended. Seconded by Mayor Brady. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Nagle. Nays--Council Members Kdng, Nicholson, V~etberg. RESOLUTION NO. 313-92 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with ~he provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar~t~s and Cigarette Papers within said City. Ea~ Point Tavern, L~d Windsor Tap 2401 Windsor Avenue John Hall My-Cap Bridge Restaurant & Lounge 31 Locust St. Passed, approved and adopted this 5th day of October, 1992. Jaxr~s E. Brady Mayor Attest: Mary A. Davis City Clerk 399 Regular Session, October 5, 1992 Cotmcil Member Deich moved adoption of the Resolution. Seconded by Council Member Kluesnes. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nicholson. Voetherg. Nays--None. RESOLUTION NO. 314-92 Where, as, applications for Beer Permits have been submitted and fried to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bends. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIl. OF TIIE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Pemdt. CLASS "C" BEER PERMIT Kopphi's Market, Inc. Kopple's Market Sunday Sales 1098 University Transl~'t Sales KWIK Stop Food Mart Sunday Sales 1075 Dodge Passed, approved and adop~,d this 5th day of October, 1992. Iames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Ocich moved adoption of the Resolution. Seconded by Council Memhex Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetherg. Nays--None. RESOLUTION NO. 315- 92 Whereas, applications for Liquor lficenscs have been submitted to this Council for approval and the same have been examined and apl~Oved; and Whereas, the premises to be occupied by such applicants were inspr~ted and found to comply with the State Law and all City Ordinances zelevant thereto and they have filed proper bends. NOW, I~EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 'I~IE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a IAquor License, CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Kenneth J. Loveflames P. Kohl Grand Tap Sunday Sales 802 Central Ave Nelda L Bonnet Old Shang Sunday Sales 1091 Main Bieratub~, lac. Bierstuhe 1301 Rhomberg Eagle Point Tavern Lrd. Windsor Tap Sunday Sales 2401 Windsor CLASS "E" LIQUOR LICENSE Sids Beverage Store, Inc. Sids Beverage Store 2727 Dodge Passed, approved and adopted this 5th day of October, 1992 James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member D~ich moved adoption of the Resolution. Seconded by Council Member Kluesnur. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner. Krieg, Nagle, Nicholson, Voetberg. Nays--None. Communication of Acting City Manager ~equesting a public hearing he set for November 16th regarding a Loan and Disbursement Agreement and the issuance of not to exceed $5,000,0~0 Sewer Revenue Capital Loan Notes, presented and read. Council M~mber Voetberg moved that the commtudcafion be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kriag, Nagle, Nicholson, Voctherg. Nays--None. RESOLUTION NO. 316-92 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $$,000,000 SEWER REVENUE CAPITAL LOAN NO'IW~S OF Regular Session, October 5, 1992 400 DUBUQUF~ IOWA, AND PROVID- ING FOR PUBLICATION OF NOTICE THEREOF Whelm, it is deemed necessary and advisable that thc City of Dubuque, Iowa, should provide for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed $5,000,000, as authofil~d by Sections 384.24A and 384.82, Code of lows, as amended, for the purpose of providing funds to pay costs as hereinafter described; and Whereas, thc City has applied for a loan through the Iowa Sewage Treatment Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchas~ the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384 of the City .Cede of Iowa.; and Where~s, the Loan and Disbursement Agmen~nt and Note shall he payable solely and only out of the net earnings of the Municipal Sewer System and shall he a first lien on the future net earnings of the utility; and shall not be general obligations of the City or payable in any manne~ by taxation m~d the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the payment of the Loan and Disbursen~nt Agreement and Note; ~nd Whe~.~s, before a Loan and Disbursement Agmen~nt nmy he authcaized and Sewer Revenue Capital Loan Notes issued to evidence thc obligation of the City thereunder, it is necessary to comply with the provisions of the City Cede of Iowa as amended, and to publish a notice of the proposal and of the time and place of the meefi~,g at which the Co,moil proposes to take action for the authorization of the Loan and Disburaen~nt Agreement and Notes and to receive omi and/or written objeclloos from NOW, THEREFORE, BE IT RESOLVED BY THE CH'Y COUNCIL OF THE CITY OF DUBUQUE, Section 1. That this Council meet in the Public Library Audi~'ium, 360 West llth Street, Dubuque, Iowa, at 7:30 o'clock p.m. on the 16th day of November, 1992, for the purpose of taking aedon on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $5,000,000 Sewer Revenue Capltsl l~an Notes, to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction. extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including but not limited to costs associated with the Phase I Water Pollution Control Plant Improvements. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper p~nted wholly in the English language, published at least once weekly and having general circulation in the City of Dubuque, said publication to be not less than four days nor more than twenty days before the date of said public m~ting on the issuance of the Notes. Section 3. The nmice of the proposed action shall be in substantially the following form: NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTFR OF THE PROPOSED AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $5,000,000 SEWER REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF Public nollce is hereby given that the Council of the City of Dubuque, lows, will hold a public heating on the 16th day of November, 1992 at 7:30 o'clock p.m. in the Public Library Anditc~ium, Dubuque, lows, at which meeting the Council proposes to take additional action for the authorization of a Loan and Disbursement Ag~m~nt by and between the City, the Iowa Finance Authority, the lows Department of Natural Reso~rca~s and Nor,~est Bank Iowa, N.A. and the issuance to tile Iowa Finance Aathorily of not to exceed $5,000,000 Sewer Revenue Capital Loan Notes, to evidence the obligations of the City under said Loan and Disbursemeni A~reeca~nt, in order to provide inads to pay th~ costs of acqtasi~on~ conaffuction, reconstruclion, extending, remodeling, improving, ~dfing and equipping all or part of the Municipal Sewer System, including but not limited to costs associated with the Phase I Wate~ Pollution Control Plant Improvements. The Notes will not constitute general obligations or be payable in any manner by taxation, but will 401 Regular Session, October 5, 1992 be payable from and secured by file net revenues of the Municipal Sewer System. At the above meeting the Council shall receive oral or written objections from any resident or property owuer of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournn~nt thereof, take edditional action for the authorization of said L~n and Disbursement Agreement and the issuance of Notes or will abandon file proposal to issue the Notes. This notice is given by order of the Council of Dubuque, lows, as provided by Sections 384.24A and 384,83 of the City Cede of Iowa~ aa amended. Dated this 4th day of November, 1992 Mary A. Davis City Clerk (End of Nmice) Passed, approved aed edopted fills 5th day of October, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voetburg moved adoption of tbe Resolution mrd further set it for Public Hearing on 11-16-92 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in file manner prescribed by law. Seconded by Council Membe~ Nagle. Carried by the foilowhig vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Krieg, Nagle, Nichdiaon, Vo~tberg. Nay~None. Communication of Acting City Manager submitting Resolutions initiating bidding px~.mdures fo~ construction Of ~raffic signals at intersection of 3rd St. and Main St., presented and read. Council Member Voetberg move that the communication be received and fried. Sexxmded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddich, Klunsner, Nagle, Nicholaou, Voetberg. Nays--Council Member Krieg. RESOLUTION NO. 31%92 pRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C11~/ OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for thc Main Street at 3rd St~v. et Traffic Signals, in the estimated amount of $31,074.07, are heleby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 5th day of O~tober. 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved edoptiou of the Resolution, Seconded by Council Member Nagle. Carried by the following vot~: Yea~--Mayor Brady, Council Members Deich, Klucsner, Nagle, Nicholson, Voetberg. Nays--Council Member Kfieg. RESOLUTION NO. 318-92 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Main Street at 3rd Street Traffic Signals. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That ca the 2nd of November, 1992, a public heating will be held at 7:30 p.ro~ in the Public Library Auditorium at which time interested parsons may appear and be heard for or against tile proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is bereby di~ecte~t to cause a notice of time and place of such healing to be published in a newspaper having general circulation in the City of Dubuque, Iowa; which notice shall be not less than four days nor mom titan twenty days prior to the day fixed for its conaldeacatica. At the beating, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Regular Session, October 5, 1992 402 Passed, adopted and approved this 5th day of October, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adopfon of the Resolution. Seconded by Couucil Member Nagle. Carried by the following vote: Yeas---Mayor Brady, Co~mcil Members Deich, Khiesnar, Naghi, Nicbolson, Voetburg. Nays--Council Member Krieg. RESOLUTION NO. 319-92 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Main Street at 3rd Street Traffic Signals is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in file City of Dubuque, Iowa, which notice shall not be less than four days nor moro than twenty days prior to the receipt of said bids at 2:00 p.m. on the 22nd day of October, 1992. Bids shall be opened and mad by the City Clerk at said time and will be submitted to the Council for final action at 7:30 p.m. on thc 2nd day of November, 1992. Passed, adopted and approved this 5th day of October, 1992. Jam~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by thc following vote: Yeaa--~Mayor Brady, Council Members Dalch, Klueaner, Nagle, Nicholson, Voetberg. Nays--Council Member Krieg. Communication of Acting City Manager recommending vacating of a reserved Railroad easement along Kerpar Blvd. in response to a request from Attorneys Bauer & IIeckmann, P.C. representing several neighboring property owners and setting this matter for Public Hearing, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas~Mayor Brady, Council Members Deich, Kluesncr, Kfieg, Nagle, Nicholson. Voetburg. Nays--None. RE.SOLUTION NO. 320-92 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE AN UNUSED 30 FOOT WIDE RAILROAD EASEMENT IN BLOCK 5 AND BLOCK 6 OF RIVERFRONT SUBDIVISION #3 IN THE CITY OF DUBUQUE, IOWA Wbereas, Wrn~ C. Brown Company, Publishers, Lyle Whalen d/b/a Automofve & Industrial Hardware, Sava~fi Bio-Industries, Inc., Kathleen A. Conlon, Kevin Oyen d/b/a/ Miller Electric Supply, Inc., Charles Kessler, and Tfi-Tren, Inc. are the current owners of land encumbered by a 30 foot wide railroad easement in Block 5 and Block 6 in Riverfi'ont Subdivision #3 in the City of Dubuque, Iowa; and Wbereas, Wro. C. Brown Company, Publishers, Lyle Whalen d/bls Automotive & Industrial Hardware, Sanofi Bio-Industries, Inc., Katbieen A. Conlon, Kevin Oyen d/b/a/ Miller Electric Supply, Inc., Charles Kessler, and Tli-Tran, Inc. have pafifioned to vacate an unused 30 foot wide railroad easement in said lots. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest and vacate an unused railroad easement in Block 5 and Blo~k 6 in Riverfront Subdivision #3 in the City of Dubuque, Iowa, as shown on Exhibit A. Section 2. That the City Clerk be and is heleby authorized and directed to cause a notice to be published as Fmscribexi under 403 Regular Session, October 5, 1992 Section 364.7 Code of Iowa, 1989 or a~ ameaded. Passed, approved and adopted this 5th day of October, 1992. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetberg moved adoption of the Resolution ~nd further set it for Public Heating on 10-19-92 at 7:30 p.m. in the Public Library Audltosium and direct the City Clerk to publish notice in the manner prescsibed by law. Secoaded by Council Member Naghi. Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. MINU'IES SUBMITFED Airport Commission of 9-8; Building Cede Advisory and Appeals Board of 9-22; Cable TV Regulatory Commission of 9-9; Electrical Code Board of 9-21; Five Hags Comntission Meeting of 9-21; Hundicapped Parking Review Committee of 94; Hist~ic Preservation Corrurfissinn of 8-26, 9-9 & 9- 23; Housing Commission of 9-15; Ituman Rights Commission of 8-10; Mechanical Bd. of 9-23; Rivert¥ont Development Subcommittee of Long Range Planning Commission of 9-9. presented mai reM. Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. NOTICES OF CLAIMS/SUITS -- Eita Elliott in amount of $156.20 for vehicle dmnages; Joan Connolly ~n unknown amount for property damages; Joe Hamnan in amount of $60.64 tbr vehicle damages; Kayo M. Running in amount of $50.00 for vehicle darmges; Ja/in L. Tbelsen in amount of $1,800.00 fora' persona/injuries; Nicholas R. Roth by mother Deb Roth in unknown amount for personal injuries, presented and reed. Council Member Voetberg moved that the claims and suits be refen'ed to Legs/ Staff for investigation and report. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Memhnrs Deich, Kluesner, Ksieg, Naghi, Nicholson, Voe00erg. Nays--None. Communications of Corporation Counsel advising of referral of following clalms to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Property da~mge of Viola Avery; Personal injury of Don and Judy Clark; Car damages of Liada Dolphin; Property damage of Environmen~l Recycling Corporation; Car damage of Karen A. Kienasl; Persona/injury of Donna Kohl; Personal injury of Lee J. Mnkovec; Property expense reimbursement of John J. Rolling; Car damage of Gary M. Schnitt, presented and read. Council Member Voetherg moved that the communications be received and filed. Seconded by Council Member Nagte. Carried by the following vote: Yeas--Mayor Brady, Council Members DCIOh, Kluesner, Kfieg, Nagle, Nioholson, Voetberg. Nays--None. Conanunicadon of Corporation Counsel recommending settlement of car damage claim of Tommy L. Boots in the amount of $127.20, presented and read. Council Member Voetberg moved that the communication be received and filed and settiement approvad widi Finunce Director to ~ssue proper check. Seconded by Council Member Nagle. Carried by the tbllowing vote: Yeas--Mayor Brady, Council Members Deieh, Khiesner, Ktieg, Nagle, Nicholson, Voetberg. Nays---None. Communication of Corporation Counsel recommending the car damage claim of Dean R. Goedken be administratively closed, and read. Council Member Vuetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Klunsuer, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Communication of Corporation Counsel recommending denia/ of Sewer Backup claim of Holy Ghost Credit Union, presented and read. Council Member Voetberg moved that the communication be received Io~d filed. Secoaded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members DCIOh, Kinesnor, Kfiag, Nagle, Nicholson, Voetberg. Nays--None. Communication of Acting City Manager submitting Contract Agreement with ~he Iowa Depamnent of Public Ileaith for funding of the AIDS Preventative Health Program, presented and read. Council Member Voetherg moved that the communication be reedved and filed. Seconded by Council Member Nagle. Carried by the following vote: Yens--Mayor Brady, Council Members Regular Session, October 5, 1992 404 Dcich, Kinesner, Ksieg, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 321-92 A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER OF HER DESIGNEE TO SIGN A CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUNDING OF A LOCAL AIDS PREVENTATIVE HEALTH PROGRAM Where. as, the Iowa Department of Public llcalth has offere, d to provide financial support for local AIDS Preventative Ilea/th and Education Programs in the City of Dubuque; and Where&s, die City of Dubuque desires to establish and ma~nmln such local AIDS Preventative Health and Education Programs; and Whereas, the Iowa Deportment of Public Hca/th has presented the City Health Services Divisions a proposed contract amendment for continued funding, a copy of which is attached hereto. NOW TI1EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, hereby approves the attached AIDS Preventative Hca/th Contract between the Iowa DelX~tment of Public Health and the City of Dubuque, Iowa. Section 1. That the Acting City Manager or her designee is hereby authoriz~l and directed to execute said contracts on behalf of die City of Dubuque. Iowa. Passed, approved and adopted this 5th day of October, 1992. laraes E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetherg moved adoption of the Resolution. Seconded by Council Member Nagle, Canied by the following vote: Ye, os--May~ Brady, Council Members Dcich, Kluesner, Ksieg, Nagle, Nioholson, Voetberg. Nays--None. Petition of Dubuque Yacht Bosin, Inc. by Donald p. Shenley, President, requesting approva/of a new lease agreement with Clint Johnson, the owner of Hcishir Marine, to move his boat sales and service operation from John Deem Road to the Dubuque Yacht Basin, presented and read. Council Member Voetberg moved that the petition be received and filed. Seconded by Council Member Nagle. Canied by the following vote: Yeas--Mayor Brady, Council Members Deioh, Kluesner, Krieg, Nagle, Nicholson. Voetberg. Nays---None. Communication of Acting City Manager submitting a Resolution consenting to assign- ment of Lease of the Dubuque Yacht B0sin, Inc. to C.R. BOATS, Inc., presented mad re~xL Council Member Voetberg moved diat the commutticatiofl be received and Bled. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klunsuer, Krieg, Nagin, Nicholson, Voetberg. Nays None. RESOLUTION NO. 322-92 RESOLUTION GRANTING AUTHORIZATION TO DUBUQUE YACHT BASIN TO SUBLEASE PROPERTY LEASED FROM THE CITY OF DUBUQUE TO C.R. BOATS, INC., AN IOWA CORPORATION Whereas, the Dubuque Yacht Basin has requested subleasing of a portion of property leased by the Dubuque Yacht Basin from the City of Dubuque to C.R. BOATS, Inc., an Iowa Corporation; and Where&s, existing lease agreements between the City of Dubuque and the Dubuque Yacht Basin stipulate that the lessee should have the sight to sublet or assign any of its sights, in and to the demised premises, to any person or concern with the prior written approval of the lessor in that the lessor's interest sha/l be fully protected and which approval of thc lessor shall net be umea~onably withheld; and Whereas, the sublease agreement between the Dubuque Yacht Basin and with C.R. BOATS, Inc. has been reviewed and has been found to protect the interest of the City of Dubuque in the existing leases with the Dubuque Yacht Basin, NOW, THEREFORE, BE IT RESOLVED BY THE CITy COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That approval be granted to the Dubuqu~ Yacht Basin. Inc. to sublease a 405 Regular Session, October 5, 1992 portion of its leased property from the City of Dubuque to C.R. BOATS, Inc., an lows Corporation, in accordance with the sublease agreement between said private parties dated September 15, 1992. Section 2. That the term of said sublease shall be five years, commencing September 15, 1992 and endiug September 14, 1997. Section 3. That extension of the sublease beyond September 14, 1997 shall be subject to approval of beth private parties and the consent of the City Council, as provided in the existing lease agreements. Section 4. That the sublease of C.R, BOATS, Inc. is bound by all stared terms and conditions of the existing lease agmera~nts between the City of Dubuque and the Dubuque Yacht Basin, Inc. Passed, approved and adopted this 5th day of October, 1992. Attest: Ma~ A. Davis City Clerk Council Member James E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Naghi. Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluosner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. Petition of Spahn & Ro~e Lumber Co. requesting a two hour parking zone on the east side of Iackson SUeet between 1 lth & 12th Streets, presented,and read. Council Member Voetberg moved that the petition be referred to City Manager. Seconded by Council Member Nagle. Carried by the following vote: Yeas~Mayor Brady, Council Members Deich, Kluesner, Kfiag, Nagle, Nicholson, Voctberg. Nays--None. Communication of Acting City Manager submitting final plats for rights of acqnisifion along Kelly Lane and accepting Warranty Deeds, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagie. Calfied by tbe following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nagle, Nichoison, Vcetberg, Nays~None. RESOLUTION NO. 323-92 RESOLUTION APPROVING PLAT OF LOT 2 OF LOT $ OF LOT 1 OF MARK HEIGHTS IN THE CITY OF DUBUQUE, IOWA Whereas, them has been presented to the City Council of the City of Dubuque, Iowa, a plat dated Januat~ 23, 1992, prepared by the City of Dubuque Engineering Division, describing Lot 2 of Lot 5 of Lot 1 of Mark Heights in tho City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFOILE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the plat dated January 23, 1992 prepared by the City of Dubuque Engineering Division, relative to the real estate h~ninabove described be and thc same is hereby approved, and the Mayor and City Clerk be and they ate hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and ceartified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of October, 1992. Attest: Mary A, Davis City Clerk Council Member James E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas---Mayo~ Brady, Council Members Doich, Kluesner, Kriag, Nagle, Nicholson, Voetberg. Nays--None. RESOLUTION NO. 324-92 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY AT 1169 KELLY LANE TO THE CITY OF DUBUQUE Regular Session, October 5, 1992 406 Whereas, the City of Dubuque entered into an Acquisition Agreement with Fieldon & Mary Jo Atchison, dated January 10, 1992, pursuant to which Fieldon & Mmy Jo Atchison agreed to convey property to be known as Lot 2 of Lot 5 of Lot I of Mark lIeights in the City of Dubuque, Iowa, to the City of Dubuque; and Whereas, Fieldon & Mary Jo Atchison have executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque. Iowa, bercby approves of, accepts and consents to ti~ Warranty Deed from Fieldon & Mary Jo Atchison, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby anthorize, d and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 5th day of October, 1992. James E. Brady Mayor Attest: Mary A, Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagie. Can';ed by the following vote: Ye. as~May~ Brady, Council Members Daich, Kluesner, Krieg. Nagle, Nicholson, Voetberg. Nays--Neoe. RESOLUTION NO. 325-92 RESOLUTION APPROVING PLAT OF KOUBA PLACE IN THE CITY OF DUBUQUFo IOWA Whereas, there has been pre~ented to the City Council of the City of Dubuque, Iowa, a plat dated October 25, 1991, prepared by the City of Dubuque Engineering Division, describing Lot I and Lot A of Kouba Place in the City of Dubuque, lows; and Wbeteas, said plat conforms to the laws OF DUBUQUE, IOWA: Section 1. That the plat dated October 25, 1991 prepared by the City of Dubuque Engineering Division, relative to the teal estate hereinabove described be mid thc same is bemby approved, and the Mayor and City Clerk be und they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is bemby autimrized and directed to file said plat and certified copy of this resolution in thc office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of October, 1992. farms E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khesner, Krieg, Nagie, Nicholson, Voetberg. Nays~None. RESOLUTION NO. 326-92 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY AT 785 KELLY LANE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into a Acquisitions Agreement with Tezty L. and 1uliana R. Kouha, dated 11 February 1992, pursoant to which Terry L. and 1uliana R. Koub~ agreed to convey property to be known as Lot A of Kouha Place in the City of Dubuque, Iowa, located at 785 Kelly Lane, Dubuque, to the City of Dubuque; and Whereas, Teny L. and Juliana R. Kouba have cxecu~.A a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, bemby approves of, accepts and consents to thc Warranty Deed from Teny L. and Jniiana R. Kouba. copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of 407 Regular Session, October 5, 1992 Dubuque any instruments in connection herewith. Passed, approved and adopted this 5th day of October, 1992. Attest: Mary A. Davis City Clerk Council Member Ian~s E. Brady Mayor Voetberg moved adoption of the Resolution. Seconded by Council Member Naghi. Carried by the following vote: Yces--Mayor Brady, Council Members Deich, Kluesner, Kring, Nagle, Nicholson, Voetberg. Nays--None. Communication of Acting City Manager submitting a Resolution Approving the Final Plat of Northwest Ridge in the City of Dubuque, Iowa, presented and road. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Mcmburs Deich, Kluesner, Krieg, Nngle, Nichoison, Vo~tberg. Nays--None. RESOLUTION NO. 32?-92 A RESOLUTION APPROVING THE FINAL PLAT OF NORTHWEST RIDGE IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Northwest Ridge in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a smut to be known as Remsberg Drive, together w/th certain public utility and sanitary and storm sewe~ easements which the Owners by said final plat have dedicated to ~he public forever, and Whereas, said final plat has been examined by the City Planner and said plat is in sub~tanfini conformance to the preliminary plat for the property, the City of Dubuque Code of Ordinance and the Co~?~bensive Plan and had its approval endorsed thereon subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said linai plat has been examined by the City Council and they find streets or public utilities have yet been constructed or installed; and Whereas, the City Coundl concurs in the conditions of approval established by file City Planner. NOW, TItEREgORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Remsburg Drive, Wgether with the easements for public utilities, sanitary sewer, storm sew6r and water mains as they appear upon said final plat, be and the same am bereby accepted; and Section 2. That the plat of Northwest Ridge is hereby approved and the Mayor and City Clerk arc hereby anthcdzed and directed to endorse the approval of the City of Dubuque, lows, upon said final plat, provided th~ owners of said propuny herein named, execute their written acceptance hereto attached agreeing: a. To reduce Remsberg Drive to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications; all in a maancr accepteblc to thc City Engineer and in conformance with c6asmlctlon in*~rovcment plans approved by the City Engineer. b. To install sanitary sewer mains and sewer service laterals into us~h individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices nil in accordance with the City of Dubuque standard speoiilcations and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. c. To onustr0ot said improvements, except, aidewniks, prior to one year from the date of acceptance of this resolution, at the sole expense of the subdivider, as owner, or future d. To maintain the public improvements, except sidewalks, for a period of two (2) years from the date of the acceptance of those improvements by the City of Regular Session, October 5, 1992 408 Dubuque, Iowa, at the sole expense of the subdivider, as owner, or future e. To construct sidewalks in accordance with the requirements of Section 42- 24(e) of the City Code, specifically: Sidewalk installation shall be the responsihility of the owner of the property abutting the public right-of-way. The responsibility shall extend to all succes- sors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has be~m completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by thc plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. And further provided that said Michael and Mary Beth Remakel and Michael and Sally Bergmann, aa owners of said property, shall secure the performance of the foregoing conditions provided in Section 2 by providing security in such form and with such sureties as may be acceptable to thc City Manager of the City of Dubuque, Iowa. Section 3. That in the event thc owners shall fail to execute thc acceptance and furnish the security provided in Section 2 hereof within forty~five (45) days after the date of the Resolution, the provisions be~of shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 5th day of October, 1992. James E. Brady Mayor Attest: Mary A. Davis ~ty Clerk ACCEPTANCE OF RF~OLUTION NO. 32%92 We, the undersigned, Michael and Mary Beth Remakel and Michael ~nd Sally Bergmann, having read the terms and conditions of the Rasolufioo No. 327-92 and being familiar with thc conditions thereof, hereby accept this same and agree to thc conditions required therein. Dated in Dubuque, Iowa this 13th day of October, 1992. By/s/Michael Remakel By/s/Mary Beth Remakel By/s/Michael Bergmann By/s/Sally Bergmann Council Member Voetherg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas~Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nieholson, Voetberg. Nays--None. Communication of Acting City Manager requesting approval of an amendment to the Annual Contributions Contract with HUD for Section 8 Program Existing Housing Certificates, presented and read. Council Member Vootberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Krleg, Nagle, Nicholson, Vootberg. Nays--None. RESOLUTION NO. 328.92 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION g EXISTING HOUSING CERTIFICATES, PROGRAM NOS. IA05.E087-004,1AOS.E087.005 AND IA05.E087-006. Whereas, contracts for certain programs under the consolidated Annual Comributions Contract for Existing Housing Certificates are scheduled for expiration, beginning in 1993; and Whereas, the U.S. Department of Housing and Whereas, the Department reqni~s executio~l of this contract for the City's administration of these funds. NOW, THEREFORE, BE Fl' RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to ~xe, eute an amended Annual Conuibutions Contra~t, with the U.S. DeparUmnt of Housing and Urban 4O9 Regular Session, October 5, 1992 Development, for project Nos. IA05-E087- 004, IA05-E087-005, and IA05-E087;006, under Master Annual Contributions Contract No. KC-9004E, on behalf of the City of Dubuque. Section 2. This resolution shall take effect immediately. Passed, approved and adopted flris 5th day of October, 1992. Attest: Mary A. Davis City Clerk Council Member James E, Brady Mayor Vuntberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Kfieg, Nagle, Nicholson, Voetberg. Nays--None. Printed Council Proceedings for the months of May, June and July 1991, for Council approval, presented and read. Council Member Voetberg moved that the proceedings be approved as printed. Seconded by Council Member Naghi. Carried by the following vote: Yeas~Mayor Brady, Council Members Deich, Khiesner, Krieg, Naghi, Nicholson, Voetberg. Nays--None. Communication of Acting City Manager submitting Financial Report for the month ending August 31, 1992, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Delch, Kluesner, Kfieg, Naghi, Nicholson, Voetberg. Nays--None. September 16, 1992 Honorable Mayor and Members of the City Council In accordance with the Rules and Regulations established by the Civil Service Commission on March 2, 1990, we do hereby certify that the following have successfully passed the required exams and have attained the necessa~] certiflcailon for the position of "Ambulance Medical Officer," Mark W. Burkle lames W. Calhoun William Le~ Laban Brace W. Miller Kevln David Schmitt Respectfully submitted Robert W. Miller, Chairperson Pat Dillon Tom Rawson Civil Service Commission Council Member Voetberg moved that the communication be xeceived and filed and directed to make a matter of record. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Brady, Council Members Duich, Kluesner, Krleg, Nagle, Nicholson, Voetberg, Nays--None, Communication of Pat Dillon, submitting his resignation from the Civil Service Commission effective January 1, 1993, presented and mad. Council Member Voetberg moved that the ¢ommunicailon be received and fried and resignation accepted with regret. Seconded by Council Member Nagle. Carried by the fofiowing vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Naghi, Nicholson, Vo~tberg. Nays--None. City Devalopmont Board of the State of Iowa advising of Notice of Meeting to eonalder Voluntary Annexation within rile Urbanized Area for ama near Jutien Dubuque Monument, presented and reed. Coundl Member Voetberg moved that the Notice be received and filed. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Brady, Council Members Ddeh, Kluesner, Kfieg, Nagle,' Nicb~lson, Voetberg. Nays--None. Health Services Division submitting their Annual Report for FY 91/92, presented and reed. Council Member Voetberg moved that the Report be n~ceived and flied. Seconded by Council Member Naghi. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None. Ttiexe being no further business, Coun&ll Membe~ Vo~tbevg moved to adjourn the meeting. Seconded by Coundl Member Khmsner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deieh, Kluesner, Krieg, Nagle, Nicholson, Voetberg. Nays--None, Meeting adjourned at 12:34 a.m. 10-6-92. Mary A. Davis City Clerk ~i:iild ~:n, Octobsr 5, 1992 410 411 Board of Health, October 19, 1992 CITY OF DUBUQUE BOARD OF HEALTH QUARTERLY MEETING Quarterly Meeting oftbu Board of Health. Board met at 7:25 p.m., Public library Auditorium. Present: Chairperson Brady, Board Members Kriog, Nagle, Nicholson, Vuetbearg. Absent: Board Members Deich, Kluesner. Board Chairperson Brady read the call and stated this is the Quarterly the Board of Health called fo[ the purpose to act upon such business which nmy propofly come before the Board. There being no business ~o como before the Board at this time, Board Vuetberg moved to adjoam the Seconded by Board Member Nafile. Ca~ied by the following vote: Yeas.Chairperson Br0dy, Board Members Kriog, Nagle, Nicholson, Vuetberg. Nays--None. Absent--Board Members Deich, Kluusner. Map/A, Davis CMC Secretmy, Board of Health Approved ~, 1993. Adopted ~, 1993. Chairperson Regular Session, October 19, 1992 412 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, October 19, 1992. Council n,~t at 7:30 p.m., Public Libra~ Auditorium. Present: Mayor Brady, Council Members Krieg, Nagle, Nieholson, Voetberg, Acling City Manager Stephani Johnson, Corporation Counsel Barry A. Lindaid. Absent'. Council Members Deieh, Klaesner. Mayor Brady ~ad the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Hart~ Johnson, Pastor, Elm Street Open Bible Church. PROCL&,MATIONS --October 20 as "}fills and Dales Child Development Center Appreciation Day" received by received by Tom McDonald and Elaine Ban,Ack; Week of October 24-November 1, 1992 as "Red Ribbon Week". Council Member Krlog moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Nieholson. Carried by the following vote: yeast-Mayor Brady, Council Members Krieg, Nagle, Nicholson, Voetberg. Nays--None. Absent-Council Members Delch, Kluesner. CommBulcation of Acting City Manager submitting a progress report of thc 4th SUuet Peninsula Study Group, presented and read. Council Member Vcetberg moved that this maitor be removed from the table. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kfieg, Nagle, Nichols~m, Vuetberg. Nays--None. Absent---Cunncll Members Deich, Kluesner. Council Member Voetbe~g moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by tho following vote: Yeas---Maya Brady, Council Members Kxieg, Nagle, Nicholson, Vuetberg. Nays~Nonc. Absent--Council Members Deich, Kluesner. A RESOLU~IION Detenniulog an area of the City to be a Blighted Area, and that the Rehabilitation, Conservation, Redevelopmenh Development, or a combination thereof, of such a~a is necessary in the interest of the Public Health, Safety or Welfare of the residents of the City' designating such area ss appropriate for an Urban Renewal Project; and adopting the amended and restated Ice Harbor Urban Renewal District Urban Renewal Plan for the Urban Renewal Area described therein, said Resolution continued from meeting of 7-20-92, p~sented for further action, Wayne Norman and John Hend~y, Pres, of Adams Co., commended progress in this are~ Council Member Voetberg moved that the Resolution be removed from the table and further continued until Janumy 17, 1993. Seconded by Council Member Nagle. Canled by the following vote: Yeas~Mayor Brady, Council Members Kfieg, Nagle, Nicholson, Voetberg. Nays--None. Absent--Council Members Delch, Klucsner. Proof of publication certified to by the Pubiishe~ on Notice of Public Hearing to consider disposing of City's interest and vacating an unu~ad 30 foot wide milroed right-of-way essement, l~esented and x~d. Council Member Voetberg moved that the proof of publication be ~ecdived and Bled. Seconded by Council Member Nagle. Carried by the following vote: Yeas~Mayee Brady, Council Members Kriog, Nagla, Nicholson, Voetberg. Nays--None. Absent---Council Members Dulch, Kluesner. RESOLUTION NO. 329-92 Whereas, pursuant to resolution and published notice of time and place of heating, published in the Telegraph Herald, a newstmper of general circulation published in the City of Dubuque, Iowa on 9th day of October, 1992, the City Council of the City of Dubuque, lowa met on the 19th day of October, 1992, at 7:30 p.m i~ the Public Libra~ff Auditorium, llth and Locust, Dubuque, Dubuque County, Iowa to consider the pm,posal fee the v~cation and release of real estate described as: A 30 fo~ wide railroed right-of-way easement located in Block 5 and Block 6 of Riveffxont Subelivialon ff~ in tbe City of Dubuque, lows, all ~s shown on the attached Exhibit A 413 ~e ~d they ar~ be~by empowered to bercby empowered to certify this resolution. bewby directed to file a c.~riified copy of this Regular Session, Octobei' 19, 1992 Mary A. Davis City Clerk J~mes E. ttrady Mayor Council Member Voetberg moved adoption of the Resolution. Secoeded by Council Member Nagle. Carried by the following vote: yeas---Mayor Brady, Coancil Members Krieg, Na~lo, Nicholson, Vo~tberg= Nay~--.-None. Absent~ouncil Members Dcich, Kluesner. reclassify pro~rty at 3300 Asbury Road from C-2 to C-3, l~rcsented and read. Pat Molgtow l=equested tt~ proposed rczoning, AN ORDINANCI'~ OF TIlE Cll¥ OF DUBUQUE~ IOWA OF DUBUQUE, iOWA: de~ribed property from C-2 Neighborhood center line of the adjoining public Mary A, Daws City Clerk Regular Session, Octot~er 19, 199.2 4t4 and l'enns~lvama Avenue Rom R-3 to C-3, pteof et publicatitm certified to by the ! An Ordinance amending tlte Zo~fing Ordt nance by rex;lassifying pr. perry at the i'ea~l at the Council meeting of 9-!4 92, (OFFICIAL P/!BLI(?ATtON) ORDINANCE NO. 7702 413 Regular Session, October 19, 1992 Whereas, the City Council of the City of Dubuque, Iowa, deerm it in the best interest of file public that said relea~ and vacating NOW, THEREFORE, BE rr RESOLVED BY THE CITY COUNCIL OF 'FILE CITY OF DUBUQUE, IOWA: Section 1. That file proposal to vacate and rniea~e a 30 foot wide retread easement over and across Block 5 and Block 6 of Riverfront Subdivision #3 in th~ City of Dubuque, Iowa, as shown on Exhibit A, and the vacating of said easement be and the same is he,by approved. Section 2. That the Mayor and City Clerk bo and they are hereby en'~owered to raleaeing of said easement, including this resolution, and the Mayor and City Clerk arc hereby empowered to certify this resolution, Section 3. ~II~at the City Clerk be and is hereby directed to file a certified copy of this resolution in the office of the City Assessor, Dubuqan County Recorder and the Dubuque County Auditor. Passed, approved and adopted this 19th day of October, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor Voetberg moved adoption of the Resohtion. Seconded by Council Member Nagle. Carded by the following vote: Yeas--Mayor Brady, Council Members Kfieg, Naghi, Nicholson, Voetberg. Nays--None. Absent--Council Members Deich, Khiesner. Proof of publication certified to by Publisher file on Notice of Public ltcaring to reclassify property at 3300 Asbury Road from C-2 to C-3, presented and read. Council lviember Voctberg moved that the proof of publication be received and filed, Seconded by Council Member Nicholson. Carried by the following vote: Yeas~Mayor Brady, Council Members Krieg, Naghi, Nichoison, Voetbelg. Nays--None. Absent~ouncil Members Ddich, Kluesner. Pat Mulgrew requested the proposed An Ordinance amending Zordng Ordinanue by reclassifying property at 3300 Asbuty Road from C-2 Neighborhood Cotmn~cial District to C=3 General Commercial District, said Ordinance having been presented and read at the Council Meeting of 9-14-92, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 76-92 AN ORI)INANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOE, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AT 3300 ASBURY ROAD FROM C-2 NEIGHBORHOOD COMMERCIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT. NOW, THEREFORE, BE n' ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Cede of Ordinances of the City of Dubuque, Iowa be amended by ~evising Appendix A thc~of, also known a~ the Zoning Ordinance of the City of Dubuque. lows, to reclassify hereinafter described Inopurty from C-2 Nalghberhood Commercial District to C-3 General Commercial District, to wit: Lot 1 of Lot 1 and Lot 2 of Lot 2 of licmy Zingler Subdivision, and to the center line of the edjoihing public fight-of-way, all in the City of Dubuque, Iowa. Section 2. That the fomgning amendment has heretofore been reviewed by the Zohing Commission of the City of Dubuque~ Iowa. Passed, approved and adopted fills 19th day of October, 1992. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Regular Session, October 19, 1992 414 Published officially in the Telegraph Herald newspaper this 23rd day of October, 1992. Mary A. Davis It 10/23 City Clerk Council Member Voctburg moved final adoption of the Ordinance. Seconded by Council Member Nicholson. Can~ed by the following vote: Yeas--Mayor Brady, Council Members Kfieg, Naghi, Nicholson, Vootbe~g. Nays--None. Absent~ouneil Members Delch, Kluesuer. Proof of publication certified to by file Publisher on Notice of Public }leafing to consider adopting bulk regulations for the Table Mound Mobile Home Park PR District, presented and read. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Nicholson. Can'ied by the following vote: Yeas--Mayor Brady, Counoll Members Krieg, Nagle, Niehoison, Voetberg. Nays--None. Absent--Council Members Dnieh, Kluesner. Eugene Kremer spoke requesting to put in bigger houses, would like a 10' setback for rear, fllongh could live with an 8' setback. An Ordinance amending Zoning Ordinance by adopting Balk Regulations for file Table Mound Mobile Home Park PR Planned Residential District West of Rockdaie Road. (denied by Zoning Commission - Need 3/4 Vote To overrule), presented and read. Council Member Nicholson moved that the Ordinance bo tabled to the Cmmcil m0edng of 11-16-92. Seconded by Council Member Kfing. Careiod by the following vote: Yeas~Mayor Brady, Council Members Krleg, Nagle, Nicholson, Voetberg. Nays---None. Abeent--~Council Members Deich, Kluesner. Proof of publication certilled to by the Publisher on Notice of Public Hearing to consider reclassifying property located at the Northwest corner of file Northwest Arterial and Pennsylvania Avenue from R-3 to C-3, proof of publication certified to by the Publishc~ on Notice of Public Hearing to consider reclassifying property located at file Northwest comer of the Northwest Artafial and Pennsylvania Avenue from R-3 to C-2, communication of Mark J. and Mama K. Sullivan withdrawing their request to rezone said property to C-3 and accepting the Zoning Commission's approval to rezone to C-2, copy of communication of Chairperson of Long Range Planning Commission to Zoning Commission. advising of their poaiilon to have this parcel remain multi- family, communication of Atteruey Nnil $. Fruit II, on behalf of Wm. C. Brown Company, objecting to zoning request of Mark Sullivan fca' property located at the northwest corner of the Northwest Arterial and Pennsylvania Avenue, presented and ~ad. Council Member Voctburg moved that the proofs and communications be received and filed. Seconded by Council Membur Nicholaon. Carried by the following vote: Yeas Mayor Brady, Council Members Kfing, Nngle, Nichoison, Voetburg. Nays---Nom. Absent~oundl Members Doich, Klueaner. Mark Sallivan, 4826 Embassy Ct., ~quested rezordng. Jeff Mozona of the Long Range Planning Comm., and Mike Remakel objected to the rezoning request. Barbara Foley of 4866 Embassy West and Arnold Baker, 4836 Emhazsy Ct. requested rezoning to facilitate the convenience store. An Ordinanee amending the Zoning Ordinance by reclassifying property at the Nortbwest corner of the Northwest Axtefial and Pennsylvania Avenue from R-3 Malti- Family Residential to C-3 Ocneral Commercial District, (applicant's request- now withdrawn; DENIED by Zoning Commission), presented and read. Council Member Voetberg moved that the Ordinance be received and filed. Seconded by Council Member Nicholson. Carried by file following vote: Yeaw-Mayor Brady, Council Members Krieg, Nagle, Nichoison, Voetbevg. Nays--None. Absent--Council Members Deich, Khiesner. An Ordinance amending file Zoning Ordi- name by reclassifying pmpurty at file Northwest corner of file Northwest Arterial and Pennsylvatfia Avenue from R~3 Maltl- Family Residential to C-2 Neighborhood Commercial District, approved by the Zoning Commission, said Ordinance presented and read at file Council meeting of 9-14-92, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. ??-92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT TIlE 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 415 Regular Session, October 19, 1992 ItERE1NAFTER DESCRIBED PROPERTY AT THE NORTHWEST CORNER OF TH~ NORTIIWEST ARTERIAl, AND PENNSYLVANIA AVENUE FROM R-3 MULTI-FAMILY RESIDENTIAL TO C-3 GENERAl, cOMMERCIAL DISTRICT, WITH CONDITIONS. NOW,'IIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'DIE CITY OF DUBUQUE, IOWA: Section 1. That die Code of Ordinances of rite City of Dubuque, Iowa be mnended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify bereinaf~r described prol~rty from R-3 Multi-Family Residential District to C-3 General Commercial Dis~ct, to wit: Lot 1 of Lot 2 of Lot A of Embassy West, and to the center line of the adjoining public right-of-way, all itt tho City of Dubuque, Iowa. Section 2. That the foregoing an~undrc~nt has heretofore been reviewed by tbe Zoning Commission of the City of Dubuque, Iowa. Passed, approyed and adopted tiffs 19th day of October, 1992. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23xd day of October, 1992. Mary A. Davis CMC It 10/23 City Clerk Council Member Voetberg moved final adopli~, with condition, of the Ordthance~ Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Krieg, Nagle, Nicholson, Voetberg. Nays--None. Absont--~Council Members Deich, Kluesner. Commil recessed at 8:57 p.m.; Council rcconvened at 9:15 p.rn. Communication of Acting City Manager recommending Council continue the public hearing to November 2, 1992 ~garding rezoning of properties at 1105-1155 Lc*as Boulevard from C-I to Co2, and petition of Mark Rettenmaler requesting to address the Council regarding zoning for Rettenmaier Flooring at 1105 Loras Blvd., presented and *e*d. Council Member Voetberg moved that the cam~munication and the petition be l~eceived attd ivilnd and matter continued until the Council meeting of 11-16-92. Seconded by Council Member Nieholson. Carried by tho following vote: ycas~---Mayor Brady, Council Members Nagle, Nicholson, Voetbelg. Nays--~Council Member Krieg. Absent-qgouncil Members Dcich, Kinesner. Petition of residents living in the lligidand park, Eastridge Estate and Arbor Oaks Subdi'Aaion requesting placement of stop signs on Adx)r Hills Drive at the intersection of Itigbland park Drive and Arbor Hills Drive and conununicafion of Acting City Manager subrdiinng ordinance(s) recommending installation of yield signs on Arbor ltills Drive at the intersection of tBgbland Park Drive and an Ordlnancc providing for Stop Signs on Arbor Hills Drive and Highland Park Drive, presenteil and lead. Council Member Voetberg moved that the petition, communication and Ordinance be received and filed. Seconded by Council Member Nagle. Carried by the following vote: yeas--May(n Brady, Council Members Nagle, Nicholson, Voctbetg. Nays--Council Member Krieg. Abaunt--Cunncil Members Dcich, Klueaner. An Ordinance arc~nding the Code of Ordinances by modifying subsection (b) of Section 32-216 providing lbr the addition of YIELD SIGNS at the intersection of Arbor Hills Drive and liighland Park Drive, (this Ordinance recommended by City Staff), and an Ordinance Amending the Code of Ordinances by modifying subsection (b) of Section 32-214 providing for the addition of STOP SIGNS on Arbor Hills Drive and Highland Park Drive, (requested by residents. tabled from meeting of 10-5-92), presented and read. Council Member Voetberg moved that tiffs be the first readings of the Ordinances. Seconded by Council Member Nagle. Carried by the following vot~: yeas--Mayor Brady, Council Members Nagle, Nicholson, Voetberg. Nays~ouncil Member Kdeg. Absent--Council Members Dcich, Kinesner. Communication of Acting City Manager aplax)ving the installation of Stop Signs at the inter~ecfion of Concord Street, Marion Stree0 mul Concord Court, und F~tition of Irwin J. Behr opposing thc installation of Highway 20 constnmtion i~ completed, Regular Session, October 19, 1992 416 presented and te.~L Council Member Nicholaon moved that the communication and petition be received and filed. Seconded by Council Member Nagle. C.~idd by the following vote: Yeas--Mayor Brady, Council Members Nagle, Nicholson. Nays~ouncil Members Krieg, Voetberg. Abaent--Councll Members Ddich, Kluesner. ltv Behr, 197 Concord, spoke objecting to proposed Stop Signs. An Ordinance amending the Code of Ordinances by adding new intersections to subsection (b) of Section 32-214 providing for the addition of STOp SIGNS at the intersections of Marion Street, Concord Street, Concord Court, and Stetmore Street, said Ordinance tabled from meeting of 10-5- 92, presented for funbec action. Council Membex Krieg moved to deny the Ordinance. Seconded by Council Member Voetbu~g. Vote on the motion was as follows: Yeas~ouncil Members Krieg, Voetberg. Nays--Mayor Brady, Council Members Nagle, Nicholson. Absent--Council Members Dcich, Kluesner. Motion failed. Council Member Nicholsun moved that this be considered the tint reading only of the Ordinance. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Nagle, Nicholson. Nays--Council Members Krieg, Voetberg. Absent~ouncil Members Dcich, Klu~ncr. Communication of Acting City Manager recommending approval of a stop sign on Camelot Drive at it~ intersection with Radford Road, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Krieg, Nagle, Nicholson, Voetberg. Nays--None. Absent--Council Members Deich, Kluesncr. An Ordinance amending Code of Ordinances by adding a new intersection to subsection (b) of Section 32-214 providing for the addition of a Stop Sign at the intersection of Camelot Drive and Radford Road, said Ordinance tabled from meeting of 10-5-92, presented and ~r. ad. Council Seconded by Council Member Nicholaon. Yeas--Mayor Brady, Council Members Krieg, Nagle, Nicholson, Vootberg. Nay~None. Absent--Council Members Dcich, Kluesncr. Communication of Acting City Manager submitting ordinances providing for installation of stop signs on Pasadena Drive at Foothill Court and yield sign for eastbound traffic on Hillerest Road (north) at Pasadena Drive, p~s~nteri and read. Council Member Voctberg moved that the communication be received and filed. Seconded by Council Member Naglc. Carried by the following vote: Yess--Mayor Brady, Council Members Krieg, Nagle, Nicholson, Voetberg. Nays--None. Absent--Council Members Deich, Klue~ncr, An Ordinance amending Code of Ordinanuna by modifying subsection (b) of Section 32-214 providing for tbe addition of STOP SIGNS at the intersection of Pasadena Drive and Foothifi Court and an Ordinance amending Code of Ordinances by modifying subsection (b) of Section 32-216 providing for the addition of a YIELD SION at the intersection of tlillcrest Road (North) and Pasadena Drive, said Ordinance tabled from meeting of 10-5-92, presented and read. Council Member Voetberg moved that this be considered the first readings of the Ordinances. Seconded by Council Member Nagle. Carried by th~ following vote: Yeas--Mayor Brady, Council Members Krieg, Naglo, Nicholson, Voetberg. Nays--None. Absent--Council Members I~ich, Kluesner. Communication of Acting City Manager submitting un Ordinance providing for establishment of a Community Development Commission, presented and read Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas~Mayor Brady, Council Members Kfieg, Nagle, Nicholson, Voetberg. Nays--None. Absent--Council Members De,ch, Klunsner. Francis Giunta, Elizabeth Michalakis and Bob Fisch spoke requesting adoption of the Ordinmme. An Ordinunee establishing a Community Development Commission, presented and read. Council Member V~etberg moved fltat diis be considered the first reading of the Ordinance. Semondod by Council Member Nagle. Canied by the following vote: Yeas--Mayor Brady, Council Members Kfieg, Nagle, Nicholson, Voetberg. 417 Regular Session, October 19, 1992 Nays--None. Absent---Council Members Deich, Kluesn~. Communication of Acting City Manager requesting affproval of an agreement with the Iowa Deparm~nt of Transportation whiting to a ~ansfer of jurisdiction lo the City of Dubuque of portions of existing U.S. 52/61/151 and a Resolution Approving an Agreenzmt with the IDOT relating to transfer of jmisdicfion of portions of existing U.S. 52-61/151 and authorizing and directing the Mayor to execute agreement, presented and mad. Council Member Nagle moved that the communication be received and filed and adopt the Resolution. Seconded by Council Member Kfing. Vote on the motion waz az follows: Yeas--.Counoil Members Krieg, Nichoi~on. Voetberg. Nays-Mayor Brady, Council Member Nagle. Absent--Council Members Deich, Kluesner. Motion failed. Communication of Acting City Manager requesting approval of a preoonstruction agreement with the Iowa Depamnent of Transpiration for improvements to U,S. 52/61/151 from south of Maquokata Drive to the Grandview Avenue interchange, presented and ~ead, Council Member Nagle moved that the communication be received and filed. Seconded by Council Member Nichoiaon. Carded by the following vote: yeas--Mayor Brady, Council Members Ktieg, Nagle, Nicholson, Vootberg. Nays--None. Abaent--Coancll Members Dalch, Kluesner. RESOLUTION NO. RESOLUTION APPROVING PRECONSTRUCT1ON AGREEMENT RELATING TO CONSTRUCTION OF IMPROVEMENTS TO U.S. $2J6111S1 Whereas, the Iowa Department of Transportation is proposing to d~sign and consUruct a project for modifications to U.S. 52/~11151 beginning south of Maquokats Drive and extending northerly to tho Orandview Avenue interchange; and Whereas, the project will include pavement grinding, crack and joint sealing, patching, additional storm sower intakes, and construction of subdralns along the entire project. The southbound co-ramp at Grandview Avenue would be redesigned, and the bridgerall and guardrail at the Catfish Cre~k bridge would be retrofitted and brought up to current standards. Tho project would also include a northbound left turn lane at Twin Valley Drive; and Wberea~, the Iowa Doparlment of Transportation is prOlx~ing to develop and constntct the project and bear all ousts of construction, except for 53% of the storm sewer improvements; and Whereas, the Iowa Department of Translv. a'tation has prepared a project ngreement outlining the respective responsibilities of I.D.O.T. and the City relative to this project. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That Preconstmcfion Agreement #93-16-005 relating to ~mprovements to U.S. 52/61/151 from south of Maquoketa Drive to the Grandview Avenue interchange be approved. Section 2. That the Mayor be authorized and dhected to execute two copies of the preconst~oction agreement and forward tho executed copies to the Iowa Department of Transportation for their approval. Passed, approved and adopted this 19th day of October, 1992. larr~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Nagle moved adoption of the Resolution. Seconded by Council Member Niebolson. Carried by the following vote: Yeas--Mayor Brady, Council Members Krieg, Nagle, Nicholson, Voetberg. Nays--None. Absent--Council Members Deich, Kluesner. RESOLUTION NO.331-92 NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE 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. Harbor View Golf, Inc. Harbor View Golf Club Lucky "13" Tap 48 Main Sc David H. E~ickson 385 E. 13th St Regular Session, October 19, 1992 418 Passed, approved and ndopted this 19th day of October, 1992. Attest: Mary A. Davis City Clerk langs E. Brady Mayor Council Member Nicholson moved adoption of the Resolution. Secondnd by Council Member Nagle. Carried by the following vote: Yeas---Mayor Brady, Council Members Kring, Nagle, Nicholsoo, Voetbelg. Nays--None. Absent--Council Members Dcich, Kluesner. RESOLUTION NO. 332-92 Whereas, applications for Beer pormiu have been submitted and filed to this Council for approval and the same have been examined and approved; and Wberoas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, TI1ERFJ~ORE, BE 1T RESOLVED BY THE CITY 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 "B" BEER PERMIT West Side Athletic Club of DBQ, Inc. Sunday Sales 1755 Radfccd J.p. O'llara, Inc. Happy Joes Pizza & leu Cream Parlor Sunday Sales 855 Ccetmy DR CLASS "BE" BEER PERMIT Eagles Food Center, Inc. Eagle Food Center #018 Sunday Sales 200 S. Locust Eagles Food Center, Inc. Eagle Food Center #130 Sunday Sales 1800 Elm Eagles Food Center, Inc. Eagle Food Center #320 Sunday Sales 2050 LF.K. CLASS "C" BEER PERMIT Moio Oil Company Big "10" Mart/Car Wash Sunday Sal~ 1875 LF.K, Iowa Oil Company IOCO Spaede Shoppe Sunday Sales 3270 Dodge Robert I. Bmithach Oky Doky # 9 Sunday Sales 51 W. 3nd St Psssnd, approved and adopted this 19th day of october, 1992. Attest: Mary A. Davis City Clerk Jam~s E. Brady Mayor Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Nagle. Carded by the following vote: Yeaz--Mayor Brady, Council Members Krlng, Nngle, Nicholson. Vo~tbe~g. Nays--None, Absent~ouncil Members Deich, Kthesner. RESOLUTION NO. 333-92 Wbereas, applications for Liquor IAcenaes have been submitted to this Council for approval and the sawn have been examined and approved; and Wbereas, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances ~elevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Dodge House Coq~oration Dodge House Restaurant & Lounge 701 Dodge CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE ARASERVE, Inc. ("ARA") Loras College Campus Center Sunday Sales 1430 Alta Vista Gary L. Kapferschmidt/Ched A.Stxeff Whiskey River 1064 University Dog Gone, Inc. Dog House Lounge Sunday Sales 1646 Asbuxy Passed, approved and adopted this 19th day of October, 1992 James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Metnber Nicholson moved adoption of the Resolution. Seconded by 419 Regular Session, October 19, 1992 Council Member Nagle. Canied by the following vote: yeas---Mayor Brady, Council Members Krieg, Naghi, Nichoison, Voetbe~g. Nays--None. Absent--Council Members l~ich, Kluesner. Communication of Zoning Commission advising of their approval to rezone property at 83 Locust Street, 301, 305, 309 and 313 Jones St~et from C-4 to OR Distrct, pr~ented and ~ead. Council Member Voetberg moved that thc communication be ren~ived and filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas--Mayor Brady, Council Members Kfieg, Nngle, Nichol$oa' Vcetbeag. Nays--None. Absent--Council Members Dnich, Khiesanr. An Ordinance amending Cede of Ordinances by reclassifying properties located at 83 Locust Street, 301,305, 309 and 313 Jones SReet from C-4 Downtown Conmaereial District to OR Office Residential District, presented and read. Council Member Voetberg moved that this be considered the first reading of the Ordinance and that it be set for Public Heating on 11-2-92 at 7:30 p,m. in the Public Library Auditorium and that the City Clerk publish notice in the nxanner prescribed by law. Seconded by Council Member Naglo. Carried by fig following vote: Yeas--Mayor Brady, Council Members Krieg, Nagle, Nicholson, Voetborg. Nays--None. Absent--Council Members Deich, Kluesner. Communication of Zoning Commission advising of their approval to awend the cm'r~nt HI District to create the permitted uses listnd as Nos. 53 thru 59 as conditional uses, presented and read. Council Member Voetberg moved that tbe ccmmunication be received and fried. Seconded by Council Member Naghi. Carried by the following vote: ye~as--Meyor Brady, Council Members lfiieg, Nagle, Nicholson, Vcetberg. Nays---None. Absent~ouncil Members Deich, Kinesncr. An Ordinance providing that the Code of Ordinances be amended by amending the HI Heavy Industral Distrtrct to make those HI uses Numbered 53 through 59 Conditional Uses and an Ordinance amending Zoning Ordinance by establishing an Mill Modified Heavy Industrial Distrot under Section a new Section 3..4.4 Mill Medifiad Heavy Industrini District, and Sign Regulations for an MIR Modified Heavy Industrial District in Section 4-3.11, presented and rezd. Council Memhar Voetberg moved that this be considered the first readings of the Or~annces and that they be set for Public Heating on 11-2-92 at 7:30 p.m. in the Public Library Auditorium and that the City Clexk publish notice in the nmnner prescribed by law. Seconded by Council Member Nagle. Carried by the following vote: Yeas~Mayor Brady, Council Members Kfieg, Nngle, Niohohon, Voetbcrg, Nays--Noun. Absent---Council Members Deich, Kluesncr. Communicadon of Zoning Commission advising of their denial to rezone property at 1818 Asbury Road from R-I to R-2 Disuict, presented and lead Council Member Nicholson movad that the communication be received and iliad. Seconded by Council Member Nagle, Carried by the following veto: Yeas--Mayor Brady, Council Members Kring, Nngle, Nichohon. Nays~Council Member Voetberg. Absent--Council Member Deich, Kluesncr. An Ordinance amending Zoning Ordinance by ~classifying property located at lgl8 Asbury Road from R-I Singin- Family Residential District to R-2 Two- Family Residential District, said Ordinance presented and ~ead. Council Member Nicholson moved that this be considered thc llrst reading of the Ordinance and that it be set for Public Hearing on 11-16-92 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in tho manner prescribed by law. Seconded by Council Member Nagin. Carried by the following vote: Yeas--Mayor Brady, Council Members Kring, Nagle, Nicholson. Naya--Counull Member Voetbeng. Absent--Council Members Deich, Kluesncr. Communication of Acting City Manager x~commending approvul to vacate thc existing utility and driveway easements in Stonehlll Community Subdivision No. 1, presented and read. Council Member Vcetberg moved that the communication be received and filad. Seconded by Council Member Krieg. Careied by the following vote: Yeas--Mayor Brady, Council Members Krieg, Naglc, Nicholson, Voetberg. Nays--None. Absent--Council Members Dnich. Kineancr. RESOLUTION NO. 334-92 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE AN UNUSED 10 FOOT WIDE UTILITY EASEMENT AND AN UNUSED 60 FOOT WIDE DRIVEWAY EASEMENT IN LOT I OF I OF 3 OF STONEH1LL Regular Session, October 19, 1992 420 COMMUNITY SUBDIVISION NO. 1 AND LOT 3 OF 1 OF BLOCK 7 IN PHASE I OF STONEHILL COMMUNITY SUBDIVISION NO. 1 Whereas, A.E. Realty Company is the current owner of Lot 1 of 1 of 3 of Stoncblll Community Subdivision No. 1 and Lot 3 of 1 of Block 7 in Phase 1 of Stonehill Community Subdivision No. 1; and Whereas, Planning Associates, Inc. has proposed construction of 24 condominiums on said lots; and Wbere~, an unused 10 foot wide uffiBy easement and an unused 60 foot wide driveway easement is cur~nfly pla~ed on said lols; and Whereas, Harming Associates, Inc. has petitioned to vacate an unused 10 foot wide utility easement and an unused 60 foot wide driveway easement in said lots. NOW TtIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 'FILE CITY OF DUBUQUE, IOWA: Section 1. That thc City of Dubuque, Iowa intends to dispose of its intex-est and vacate a 10 foot wide unused utility easement and 60 foot wide driveway easement in Lot I of I of 3 of Stonehill Community Subdivision No. 1 and Lot 3 of 1 of Block 7 in Phase I of Stoneblll Community Subdivision No. 1. Section 2. That the City Clerk be and is hexeby authorized and directed to cause a notice to be published as prescribed under Section 364.7 Code of Iowa, 1991, or as amended, Passed, approved and adopted this 19th day of October, 1992. Attest: Mary A. Davis Citycierk Council Member Jam~s E. Brady Mayor Voetberg moved adoption of the Resolution and further set it for Heating on 11-2-92 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 Kfing. Carried by the fofiowing vote: Yeas--Mayor Brady, Council Members Krieg, Nngle, Nicholson, Voetberg. Nays--None. Absent--Council Members Dnich, Kluescer. MINUTES SUBMITFED Cable Community Telcprngramming Comntission of 10-6; Human Rights Commission of 9-14; Library Board of Trustees of 9-24; Long Ranse Planning Commission of 9-16; Park & Recreation Commission of 9-9; Zoning Commission of 10-7, presented and read. Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Mem~rs Kriag, Nagle, Nicholson, Vo~tberg. Nays--None. Absent--Council Members Deich, Kinesner. Printed Council Proceedings for months of August, September and October, 1991, preannted for appmvni. Council Member Voetberg moved that rite proceedings be approved as printed. Seconded by Council Member Nichoison. Carried by the following vote: Yea~--Mayor Brady, Council Members Kfieg, Nagle, Nicholson, Voetberg. Nays~None. Absent--Council Members Deich, Kluesner. NOTICES OF CLAIMS/SUITS -- Tim Blasco in amoum of $26.50 for vehicle damages; Karen A. Feller in amount of $21.20 for vehicle damages; Mrs. Wilbur H6beriein in amount of $475.95 for vehicle danaages; Kelly Hniderseheis in amount of $1,281.57 for vohicin damages; Darwin Kmth in amount of $26,50 for vehicle damages; Mary K. Madigan in unknown amount for personal injuries; Patrols & James O'Brien in amount of $243.80 for property damages; Pusateris Restaurant in amount of $7,000 for property damages; Bill Scblickman in amount of $50.00 for vehicle damages; Denise Schoenberger in unknown amount for personal injuries; Shawna Scbroeder in amount of $89,00 for vehicle danxages; Mm. N'da Scott in unknown amount for sewer backup damages; Beverly Vans in the amount of $1,843.00 for pr~aer~ damages; Self Insured Seofices Co. submitting subrogation claims for personal injuries for the clients for personal injuries for Lawrence Behnke in amount of $43.00, Debra Hnn in amount of $43.00, Jody Felderman in amount of $132.50, Debra Duve in amount of $132.50, Francisco Arroyo in amount of $43.00, presented and rend. Council Member Voetberg moved that the claims and suits be referred to the Legal Stuff for investigation and report. Seconded by Council Member Nichol~on. Carried by the following vote: Yeas--Mayor Brady, Council Members Kring, Nngle, Nicholson, Voetberg. Regular Session, October 19, 1992 422 421 Regular Session, October 19, 1992 Nays--None. Abscat--Counnil Members Ddich, Klnesner. Proof of publication certified to by the Publisher on printing IAst of Claims for month of August, 1992; Proof of Publication certified to by the Publisher on printing 1992 Financial Report Fiscal Year ending June 30, 1992; communication of Acting City Manager submitting Financial Repo~ for month of September, 1992, presented and read. Cunncil Member Voetberg moved that tho proofs and communication be received and filed, Seconded by Council Member Nicholson, Carried by the following vote: yeas--Mayor Brady, Council Members Krieg, Nagle, Nioholsou, Voetberg. Nays~None. Absant--Coundil Members Ddich, Klueaner. Communication of Acting City Manager reporting on City Manager's Fiscal year 1994 Budget Input meeting held on October 10, 1992, presented and x~ad, Council Member Voetberg moved that the communication be ~eive~ and filed. Seconded by Council Member Ntcholson. Carried by the following vote: Ye~--Mayor Brady, Council Members Krieg, Nagl©, Nicholann, Voetberg. Nays--Noun. Absent--Council Members Ddich, Klunsner. Petition of Richard L. Dally requesting schedule for the submission and sevicw for final approval of the Developrneat Plan for Lorus Estates, presented and read. Council Member Voetberg moved that the petition be referred to the City Manager. Seconded by Council Member Nicholson. Carded by the following vote: Yeas--Mayor Brady, Council Members Kriag, Nagle, Nicholsun, Voetbevg. Nays--None. Absunt-~2our~il Members Deich, Kluesunr. Conununication of Dubuque County Beard of Supervisors requesting what is tho intent of the City regarding the transferring of jurisdiction of the Mmic Quarry Road near the ~[alicn Dubuque presented and read. Council Member Voetberg moved that the communication be referred to the City Manager. Se~o.aded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Krieg, Nagle, Nicholson, Votaberg. Nays--None. Absent--Council Members De. ich, Klunsner. Communication of Acting City Manager requesting Council approve the usage agreement with tho Northwoods League, Inc., for uso of Petrakis Field, presented and read. Council Member Voetberg moved that the communication be received and filed and approved agreements. Seconded by Council Member Nicholson. Can/ed by the following vote: Yeas--Mayor Brady, Council Members Kriag, Nagle, Nicbolson, Vuntberg. Nays--None. Absent--Council Members Doich, Kluesner. Communication of Bob Clemens, Chairperson of Regional Transit Authority, requesting Council to give RTA advance if Keyline Transit will be the direct operator of our paratransit service in presented and read. Council Member Voetberg moved that the communication be referred to the Budget Process. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Kriag, Nagle, Nicholson, Voetberg. Nays--None. Absent--Council Members Dalch, Kluesner. Communications of Cmporation Counsel advising of referral of following claims to Crawford & Company, the agent for the Communities Assurance Peel: Property damage of Joan Connolly; Car damage of Rim Elilott; Personal injury of Nicholas R. Roth; Personal injury of Jalie Tbeisou, and re. ad. Council Member Voetberg moved that the communications be regeived and filed, Seconded by Council Member Nicholson. Ca~ried by the following vote: yeus--Mayor Brady, Council Members Krieg, Nagle, Nicholson, Voetberg, Nays--None. Absent--Council Members Deich, Kluesner. Communication of Corporation Counsel recommending denial of Car damage claim of Joe Hartman; Car damage claim of Bill Schllckman, pl~sonted and read, Council Member Voetberg moved that the communication be received und filed and approved denial. Seconded by Council Member Nicholsun. Caified by the following vote: ycas~-Mayor Brady, Council Members Krieg, Nagle, Nicholson, Voetberg. Nays--None. Absent~Counnil Members Deich, Klunsner. Communication of Corporation Counsel advising of administratively closure of car damage claim of Kaye E. Rumfing, presented and read. Council Member Voetberg moved that the communlcatie~! be ~x:eived and filed. Seconded by Council Member Nicholsou. Carried by the following vote: yeus--Mayor Brady, Council Members Kriag, Nagle, Nicholson, Voetberg. Nays--None. Absent--Council Members Dalch, Kluesner. Communication of Zoning Conunisaion advising of their approval of final plat of Whiskey tlill, presented and remd. Council Member Voetberg moved that the communication be received and fried. Seconded By Council Member Nicholsun. Carried by the following vote: yeas--Mayor Brady, Council Members Kfieg, Nagle, Nicholson, Voetberg. Nays--None. Absent-~2ouncil Members Dnich, Kluesner. RESOLUTION NO. 335-92 A RESOLUTION APPROVING TIIE FINAL PLAT OF WHISKEY HILL IN THE CITY OF DUBUQUF~ IOWA. Whereas, there has been filed with the City Clerk a final plat of Whiskey Hill in the City of Dubuque, Iowa; and Whereas, said final plat has been examined by the Zoning Commission and had its approval endorsed thereon; and Whereas, said final plat has been approved by tile City Zoning Cemmission on the condition that Lot 2 remain ss a nonbnildablo lot unless consolidated with an adjoining lot widch fronts on a public or private street; und Whereas, 'said final plat has been examined by the City Council and the City Council finds that the same conforms to the statutes and ordinances relating thereto; and Whereas, the City Council concurs in the condition of approval established by the Zoaing Commission. NOW, TtIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OE DUBUQUE, IOWA: Section 1. That the above described final plat be and the san~ is hereby approved and file Mayor and City Clerk are bemby anthofized and directud to eador~ the approval of the City of Dubuque upon said final plat pwvlded flint the owner of said property shall execute a written agreemcot hereto attacl,~i acknowledging and agreeing: A) Lot 2 remain as a nonbnildable lot unless consolidated with un adjoining lot which fronts on a public or private street. Section 2. That in tile event the owner fails to execute the acceptance provided for in Secfiou I hereof within 45 days after the late of this resolution, the provisions herein shall be null and void and the approval of the plat shall no~ be effective Passed, approved and adopted this 19th day of Octd~r, 1992. lam~s E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 335-92 I, the undersigned, Charlic Glab, having read the terms and conditions of the Resolution No. 335-92 and being familiar with tbe conditions thereof, hereby accept this same and ague to the conditions required therein. Dated in Dubuque, Iowa this 3rd day of November, 1992. By/s/Charles D. Glab Council Member Votuberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Canied by the following vote: Yeas---Mayor Brady, Council Members Krieg, Nagle, Nicholson, Voetberg. Nays--None, Absent~ouncil Members Deich, Kluesner. Communication of Acting City Manager approving the final plat of Loras Estates, presented and read. Council Member Ksieg moved that the communication be received and filed. Seconded by Council Member Nichol~on. Carried by the following vote: yans.--Mayor Brady, Council Members Krieg, Nagle, Nicholson, Voatberg. Nays None. Absent--Council Members Deich, Kluesunr. RESOLUTION NO. 336-92 A RESOLUTION APPROVING THE FINAL PLAT OF LORAS ESTATES IN THE CITY OF DUBUQUE~ IOWA. Wbereas, ti~re has been fried with the City Clerk a final plat of Lotus Estates in the City of Dubuque, Iowa; and Whereas, upon said final plat appear neztain public utility easement which the Owner, by said final plat, has dedicated to the public forever, and 423 Regular Session, October 19, 1992 W~ereas, upon said final plat uppers a certain private street to be owned by, mud nmintalned to City standards, at tbe sole expanse of thc owner, Rea mud Jmu Smith, or Wbelx~s, said final plst hu been examined by the, Zoning Co~lla~salun mud had its approval endorsed thar~al subject the owner(s) agreeing tim tho conditions noted Section 2 below;, and Whore4~s, said final plat h~ examined by th~ City Council ~lld they find grades have r~t been establishad nor ~11 driveways be~n brought lo grade and not ad of tho paving installad. Whereas, the City Council eunCUlS in the conditions of approval ost~bltshad by the Zoning Cowmissioo. NOW, TtffiREFORE, BE 1T RESOLVED BY THE CITY COUNCIl, OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the easements ibr public upon said final plat, be and tbe 8~ are hereby aee~pted; ~ Section 2. That the final plat of Estates in the City of Dubuque, Iowa, ia hel~by approved mud the Mayo~ und City Clerk ar~ ber~by authorizad mud dil~ated to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided tho owm$r$ of said property hernin named attached agreding: a. To reduc~ Justin Lan~ to grade mid with conerete paving, all in accordance with al-rproved plans on file in the Offie~ of the City Englne~q', City of Dubuque, Iowa. b. 'lo install sanitary sewer mains and individual lot, water mains and water see~4c~ late~nis into each individual and erosion control devices nil in iml~x)verc~nt plans approved by the City Engineer, and inspected by the City Engineer. To provide perpetual maintenance of all detention areas and erosion control devices at the sole expanse of the owners, Ron and Jan Smith, or successors as assigned. To provide the foregoing said improvements at the sole within one year from the date of adoption of this resolution, by the City of Dubuque, Iown. Sidewalks shall be provided adjoining the street. That all improvements of said proi~rty conform to the conceptual development plan of Lotus Estates PR Planned Residential District orits amendments as approved by the Dubuque City Council by Ordinance 56-92. Seoiion 3. That Ron and Jan Smith, as owner, shall secure the foregoing conditions by providing security in such form mud with such surety that may be approved by the City Manager, the City of Dubuque, Iowa. Section 4. That in the event Ron and Jan Smith shall fail to execute the aocaptunce and furnish the security provided for in Section 3 within 45 days after the date of this resolution, the provisions bereof shall be null and void a~d thc aeeoptanc~ of the dedication wad approval of the final plat shall not be effective. Pm;sad, approved and adopted this 19th day of Octo~r, 1992. Jarces E. Brady Mayor AOeat: Mary A. Davis City Clerk ACCEFFANCE OF RESOLUTION NO. 336-92 We, the nntlersigned, Ron and Jan Snfith, having read the terms and conditions of the Resoinfion No. 336-92 and being familiar with the conditions thereof, hereby accept this same und ague ~o rite conditions ~qnired therein. Regular Session, October 19, 1992 Dated in Dubuque, Iowa this day of.__ , 1992. By: (Not Signed) Council Member Kfieg moved adoption of the Resolution. Seconded by Council Member Nicholson. Caxfiad by the following vote: Yeas--Mayor Brady, Council Members Kfieg, Nagle, Nicholson, Voetbelg. Nays--None. Absent--Council Members Deich, Kluesner. Petition of Robert R. Busehbom, Environmental Project Manager of Midwest Oas requesting to construct two flush mount observation wdls in Bissell Lane, plusenW~d and read. Council Member Vo~tberg moved/ that the petition be referred to the City Staff. (~ Seconded by Council Member Nicholron. Carried by the following vote: Yeas--Mayor Brady, Council Members Kriog, Nagle, Nicholson, Voetberg. Nays--None. Absent~Counnil Members Dolch, Kluesner. There being no further business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member Nicholson. Canied by the following vote: yeas---Mayor Brady, Council Members Krieg, Nagle, Nieholson, Voetborg. Nays--Non~. Absent~ouncil Members Deieh, Kinesunr. Meeting adjourned at 10:39 p.m. Mary A. Davis City Clerk 424 1993. 1993. Attest: Special Session; October 29, 1992 426 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, October 29, 1992. Council met at 5:00 p.m., Conference Room "A". City Hall. Present: Mayor Brady, Council Members Klucsner, Kricg, Naglc, Nicholsoa, Acting City Manager Stephani Jobnson, Assistant City Attorney Tim O'Brien. Absent: Council Members Deich, Voetberg. Mayor Brady ~ad the call and stated this session is called for the purpose to consider adopting documents regarding the Sale of WCB Publishers to Times Mirror. RESOLUTION NO. 337-92 RESOLUTION APPROVING DOCUMENTS CONSENTING TO THE ACQUISITION OF Lo'rs 2, 3 AND 4 OF WESTMARK 1N THE CITY OF DUBUQUE, IOWA BY WESTMARK ENTERPRISES, INC, AND TO THE ASSUMPTION OF LIENS AND ENCUMBRANCES UPON SAID PROPERTY BY WESTMARK ENTERPRISES, INC, Whereas, the City of Dubuque, Iowa has entered into certain agreements with Wm. C. Brown Company, Publishers, and its wholly owned subsidiary WCB Development Cmporation with respect to a certain r~al estate development owned by WCB Development Corporation and commonly known as "Westmark;" and Whereas, Westmark Enterprises, Inc., an Iowa corporation, desires to acquire all right, title and interest in Westmark subject to certain liens and encumbrances upon said premises; and Whereas, Westmark Enterprises, Inc., also desires to assume certain obligations under promissory notes and loan agreements in place of Wm. C. Brown Company, Publishers and its wholly ownad subsidiary WCB l~vciopment Corpora~on; and Where~s, Westmark Ente~rises, Inc., has prepared an Agreement and Consent and an Assumption Agreement and Release for execution by the City of Dubuque, Iowa, which documents m'e attached hereto and made a pa~ hereof. NOW, TIIEREFORE, BE H' RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement and Consent and tbe Assumption Agreement and Release are bewby approved and the Mayor and City Clerk we hereby authorized and directed to execute said documents on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk is hereby directed to file of record with the Dubuque County Recorder the executed Assumption Agreement and Release~ Passed, approved and adopted this 29th day of October, 1992. · James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adoption of the Resolution. Seconded by Council Member Nicholson. Caniad by the following vote: Yeas~Mayor Brady, Council Members Kluesner, Krleg, Nagle, Nicholson. Nays--None. Absent-~Council Members Dalch, Vcetberg. There being no further business Council Member Kriag moved to adjourn the meeting. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Klucsncr, Krieg, Nagle, Nicholson. Nays--Nor~. Absent--Council Members Deich, Voetberg. Meeting adjourned at 5:10 p.m. Mary A. Davis CMC City Clerk 427 Special Session, October 29, 1992 Ap~oved ~~, 1993, Adop~d~,1993. Council Mnmber~ Regular Session, November 2, 1992 428 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, City Council, November 2, 1992. Council met at 7:30 p.m., Public Library Auditorium. Present: Mayo~ Brady, Council Members Deich, Kluesner, Kring, Nag, lc, Nicholson, Acting City Manager Stcphani Johnson, Corporation Counsel Barry A. Lindahl. Abmnt: Council Member Voetberg, Mayor Brady read the call and stated this is the Regular Meeting of die City Council called for die purpose to act upon such business which may properly come before tile Council. Invocation was given by Father Norm White, Rural Life Director of tho Archdiocese. PROCLAMATIONS -- Month of November as "Alzheimer Disease Public Awa~anss Month" received by Karl Kohnen; Nov, 7 as "ABA'II! Toy Ride Day" received by Kefiy Boyce; Nov. 8-14 as "Youth Appreciation Week" received by Jane Smith of the Morning Optimists, Dave Fulpel of die Noon Optimists and Jim Evitt~ of the Evening Optimists; Nov. 15-21 as "AIDS Information and Education Week" received by P. Alexander; Nov, 18 as "Philanthropy Day" received by Karl Kohnen. Tom Graham introduced Cynthia Steinhauser, Executive Director of Dubuque Main Street, Ltd. wtlo submitted their Annual Report for FY '92 and Financial Investments and jobs created in Downtown District Comparison Chart for the past seven years. Council Member Kluesner moved that file rules be suspended to allow anyone to address the Council if they so desire. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady. Council Members Dcich, Kluesner, Krieg~ Nagle, Nicholanni Nays--Nmie~ Absent--Council Member Voetberg. Proof of Publication certified to by file Publisher on Notice of Hearing on Plans and Specifications for Construction of Main Street at 3xd Street Traffic Signals, presented and read. There were no written objections received at the time of the [leadng, Council Member Kluesner moved that the proof of publication be received attd filed. Seconded by Council Member Nagle. Carried by the following vote: Yeas---Mayor Brady, Council Members Delch, Kluesner, Nagie, Nicholson. Nays.--Council Member Krieg. Ab~nt--Council Member Voctberg. RESOLUTION NO. 338-92 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 30di day of September, 1992, plans, specifications, form of contxact and estimated cost were £fled with the City Clerk of Dubuque, Iowa for die Main Street at 3rd Street Traffic Signals. Whereas, notice of heating on plans, spocificatlons, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost ate hereby approved as the plans, specifications, form of contract and estimated c.o~t for said improvements for said project. Passed, adopted and approved this 2nd day of November, 1992. Attest: Mary A. Davis City Clerk Council Member James E. Brady Mayor adoption of die Resolution. Seconded by Coun(il Member Nagle. Carried by thc following vote: Yeas--Mayor Brady, Council Members Deich~ Kluesner, Nagle, Nicholson. Nays--Council Member Krieg. Absent~Coancll Member Voetberg. Proof of Publication certified to by tho Publisher on Notice to Bidders of the Receipt of Bids for project and communication of City Manager recomn~nding to award contrast for project, presented and read. Council Member