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1990 January Council Proceedings Regular Session, January 3, 1990 INDEX - BOOK 120 SUBJECT PAGE 1990 accordance with the teons and conditions contained in the employment agreement executed and approved 00 the 12th of April, 1991. Passed. adopted and appmved this 3rd day ofIanuary, 1990. DUBUQUE Zoning Comm. approval of final plat of Lot I of Lot 3 of Key Gaw Center locaWd at the Southeast corner of inwrsections of Highways 611151 and 52167. (111191 Zoning Comm. approval of final plat of Suhd. of Lot 2 of Lot I of the Suhd. of Lot I of Block 28 of Dubuque Harbor Co. Addn.. 10caWd hetween Salina St.. S. Main St. & Railroad Ave. (11119) Zoning Comm. approval of final plat of Subd. of City Lot 404 located between 6th St., 7th St.. & Jackson St. 111119) 587 Zoning reo Terrace Heights Mohile Home Park along Peru Rd. near Roosevelt Rd. 1111191(121171 579. 595 Zoning, reo Wxt amendment to alwr method used to calculaw area of on- premise signs. (111191 Zoning Comm. approval of final plat of Lot I of 1 of StÆ>cher Place between Asbury Rd.. Kennedy Rd.. & Pasadena Court. (11/19) Zoning reo amendment of Julien Dhq. Drive PI District to allow develop- ment on part of parcel "B and D". 601, 602 Zoning reclassification for 602 Peru Road. (101151(1115) 531, 547 CITY COUNCIL 590 OFFICIAL PROCEEDINGS Jamos E. Brady Mayor 586 Attest: Mary A. Davis City Clerk Council Member Deich moved adoptioo of the Rosolutioo. Seconded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Regular Sessioo, January 3,1990. Council met at 7:30 p.m., Public Library Auditorium. 580 587 Present: Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voelberg, City Manager W. Kenneth Gearhart, COI]JOC8tion Counsel Bony A. LindaJù. Mayor Brady read the cali and stated this is the Regular Monthly Meeting of the City Council calied for the purpose to act upon such business which may properly come before the Council. RESOLUTION NO. 2-90 RESOLUTION PROVIDING FOR THE APPOINTMENT OF A CITY CLERK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Invocation was given by Mayor James E. Brady. PROCLAMATION: January IS, 1990 "Honoring the birth of Martin Luther King, Jr.",reeeived by Gail Weitz. In accordance with Chapter 372.13(3) of the Code of Iowa, 1989, as amended, the City o!Dubuque, Iowa, does hereby appoint the following as City CIeri: for the City of Dubuque, for the purpose of performing the duties of said position as required by State and City laws: City Clerk - - - Mary A. Davis SWEARING IN OF NEWLY ELECTED CITY OFFICIALS: Let the reçord show the Mayor and each newly elected Council Member have signed an official "Oath of Office" prior to January I, 1990. Passed, adopted and appmved this 3rd dayofIanuary, 1990. James E. Brady Mayor City Clerk Mary A. DavissworeinJames E. Brady as Mayor. Mayor Brady swore in Daniel Nicholson, James Heckmann and Donald Delch as' Council Members. Attest: Mary A. Davis City Clerk Couucil Member Deich moved adoption of the Resolutioo. Seconded by Council Member Pratt. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Mayor Brady swore in Michael Pratt as MayorPro-Tem. RESOLUTION NO, 1-90 RESOLUTION REAFFIRMING THE APPOINTMENT OF THE CITY MANAGER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 3-90 RESOLUTION PROVIDING FOR THE APPOINTMENT OF A LEGAL STAFF FOR THE CITY OF DUBUQUE, IOWA. That the appointment of W. Kenneth Gearhart, as City Manager for the City of Dubuque, Iowa, be hereby affirmed in BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 2 Regular Session, January 3, 1990 That in accordance with Chapter 2 Article III Division 5 of the Code of Ordinances, City of Dubuque, Iowa, the fol- lowing shall be appointed as the Legal Departtnent for the City of Dubuque for the purpose of performing the duties of said Departtnent as required by State and Local Laws: corporatioo Counsel- - - Bony A. Lindahl City Solicitor - - - William G. Blum Assistant City Attorney - . - lames A. O'Brien Passed, adopted and approved this 3rd day ofIanuary, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolutioo. Seconded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Mayor Brady swore in the appointed officials (W. Kenneth Gearhart. Mary A. Davis and Bony Lindahl). RESOLUTION NO. 4-90 RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER OF THE CITY OF DUBUQUE, IOWA. BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: In accordance with Chapter 618 of the Cnde oflowa. 1989, as amended, the follow- ing shall be designated as the official newspsperoftheCityo!Dubuque,Iowa, for the purpose of publication of notices and reports of proceedings as required by law. TELEGRAPH HERAW Passed, adopted and approved this 3rd day oflanuary, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoptioo of the Resolutioo. Seconded by Council Member Pratt. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmaun, Kluesner, Nicholson,Pratt, Voetberg. Nays-None. Communication of Planning and Zoning Commissinn advising oftheirap¡noval of an amended Conceptual Development Plan for the 1D Institutional District located at Alta Vista and Cox Stteet as reqoested by Loras College, presented and read. Council Mem- ber Heckmann moved that the communica- tion be received and filed. Seconded by Council Member Kluesner. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance revising Appendix A of the Code of Ordinances by approving an Amended Conceptual DevelopmentPlan for the Loras College 1D Institutional District, presented and read. Council Member Heckmann moved that this be oonsidered the first reading of the Ordinance and that the requirement that a proposed Ordinance be coosidered and voted on for passage at two council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 15thdayofJanuary,1990at7:30p.m. in the Public Library Auditoriumand thatthe City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Kluesner. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Communication of Corporation Counsel submitting an Ordinance prohibiting per' soos under the ageof2I from attempting to purchase liquor, wine or beer, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Voetberg. Canied by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. ORDINANCE NO. 1-90 An Ordinance amending ChapterS of the City of Dubuque Code of Ordinances hy adding thereto a new Section 5-7.5, prohibit. ing persoos under 21 years of age from attempting to porchase or otherwise obtain alcoholic liquor, wine or beer; and prohibit- ingpersons under 21 years of age frommis. representing the persoo 's age forthe purpose of purchasing or attempting to purchase Regular Session, January 3, 1990 3 olooholicliquor, beerorwine, presented and read- (OFFICIAL PUBLICATION) ORDINANCE NO. 1-90 AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY OF DUBUQUE CODE OF ORDINAN- CES BY ADDING THERETO A NEW SECTION 5-7.5, PROHIBIT- ING PERSONS UNDER 21 YEARS OF AGE FROM ATIEMPTING TO PURCHASE OR OTHERWISE OBTAIN ALCOHOLIC LIQUOR, WINE OR BEER; AND PROillBIT- ING PERSONS UNDER 21 YEARS OF AGE FROM MISREPRESENT- ING THE PERSON'S AGE FOR THE PURPOSE OF PURC1lASING OR A TIEMPTING TO PURCHASE ALCOHOLIC LfQUOR, BEER OR WINE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOW A: Section 1. Chapter 5 of the City of Dubuque Code of Ordinances is hereby amended by adding a new Section 5.7.5, as follows: See. 5.7.5. Persons under 21 years of age are prohibited from attempting to purchase orotherwise obtain alooholic liquor, wineor beer, and from misrepresenting the person's age for the purpose of purchasing or attempting to purchase alcoholic liquor, wine or beer. (a) It shall be unlawful for any person under the age of 21 years to attempt to pur- chase or otherwise obtain any alooholic liquor, wine or beer. (b) No person under 21 years of age shall misrepresent the person's age for the pur- pose of purchasing or attempting topurchase any alooholic liquor, wine or beer. (c) A persoo violating this Ordinance or reasonably believed to be violating this Ordinance may be detained in a reasooable manner and for a reasooable length of time by a police offi=, owner, operator or an employee of a public establishment or private club wbere alooholic liquor, wine or beer is sold or dispensed for off-premise or on-premise coosumptioo for the purpose of investigating or detennining the person's true age and identity. Such detention shall not render the detainor criminally or civilly liable for false arres~ false imprisonment or unlawful detentioo. (d) The manager of any public eslai>- lishment that sells alcoholic liquor, wine or beer for on-premise or off-premise coosumptioo and the manager of any private club that serves alcoholic liquor, wine or beer for on-premise cooswnption shall be required to post in a oonspicuous place a notice stating: (OFFICIAL PUBLICATION) NOTICE TO PERSONS UNDER 21 YEARS OF AGE You are subject to a maximum $100 fine for attempting to purchase or otherwise obtain alcoholic liquor, wine or beer or for misrepresenting your age for the purpose of purchasing alcoholic liquor, wine or beer. The size of said notice shall be not less than 8-1{2 inches by II inches. Sectloo 2. This Ordinance shall take effect immediately upon publication as provided by law. Passed, adopted and appmved this 3rd dayoflanuary, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 8th day of January, 1990. Mary A. Davis City Clerk 111/8 Council Member Deich moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage attwooouncil meetings prior to the meeting atwhich itis to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO, 5-90 Whereas, applications for Beer Pennits have been submitted and filed tothisCouncil for approval and the same have been examined and appmved; and Whereas, the premises to be occupied by such applicants were inapected and found to ~. 4 Regular Session, January 3, 1990 comply with the Ordinances of this City and have filed preoper bonds; NOW, THEREFORE, BE IT RESOLVED BY THECITY COUNCIL OF THE CITY OF DUBUQUE,IOW A, that the Manager be authorized to cause to be issued the following named applicants a Beer Permit CLASS "B" BEER PERMIT Wayne A. Deutsch, Main St Billiards 163 Main (also Sunday sales) CLASS "C" BEER PERMIT Molo Oil Company, Big 10 Mart 9th & Central (also Sunday sales) Angel Investment Co. Casey's General Store, 2699 Rockdale (Sunday sales) Passed. approved and adopted this 3rd dayoflanuary, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tioooftheResolution. SecoodedbyCouncil Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt Voetbetg. Nays-None. RESOLUTION NO, 6-90 Whereas, applications for Liquor Licen- ses have been submitted to this Council for approval and the same have been examined and appmved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED BYTHECITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the Manager be authorized to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Michael I. Weber, Mike's Ten Pin Tap 601 RhombetgAve. (Sunday sales) American Marine of Iowa, Inc. Yardarm (Sunday sales) Eagle Point .""'" Passed. approved and adopted this 3rd day of January, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tionoftheResolution. Seconded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. MINUTES SUBMITTED: Airport Comm. of 12-12; Housing Code Appeals Bd. of 12-8; Five Flags Comm. of 12.18; Mechanical Bd.of 12-12; Civil Service Comm.of 10-31; Park and Recreation Comm.ofl2-12,presentedandread. Coun- cil Member Deich moved that the minutes be received and filed. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmano, Kluesner, Nicholson, Pratt Voetberg. Nays-None. NOTICES OF CLAIMS/SUITS: Maggie Spautz in an amount of $61.25 for persooal damages; Matt Werth in unknown amount for vehicle damages; loseph M. Heer in an amount of $250 for Property damage due to sewer back-up, presented and read. Council Member Delch moved that the claims and suits be referred to the Legal Staff for investigatioo and report. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. Corumunications of Corporation Coun- sel recommending denial/closure of follow. ing claims: car damage of Robert J. Heires; car damage of Lawrence Helm; personal injury of Mrs. Leona Hoppmann; car damage of Patricia Rensmoen; personal in- jory of Anton Schiessl; personal injory of Roy Laufenberg by Sisco Insurance; car damage of Ter¡y Sprague; boat damage of Robert GateDa, presented and read. Council Member Deich moved that the commuuica- tions be received and filed and denials and closores be approved. Seconded by Council Member Voetberg. Carried by thefollowing vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. Conununication of Attorney Brian Kane. on behalf of A.J. Spiegel requesting annexa- tioo of Lot A and Lot I of Southpark to the Regular Session, January 3, 1990 5 City of Dubuque, Iowa, presented and read. Council Member Deich moved that the coounanication be received and filed and matter referred to the City Staff. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Conununication of Dan Nicholsoo sub- mitting his resignation from the Human Rights Commission due to electioo to the City Council, presented and read. Council Member Deich moved that the communica- tioo bereeeivedand filed and accepted with regret. Seconded by Council Member Voetherg. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbetg. Nays-None. REFUNDS REQUESTED: Hartig Drug Co. $75 on uoexpired Beer Permit, presented and read. Council Member Deich moved that the refund be approved and Finance DIrector to issue the proper check. Seconded by Council Member Voetberg. Canied by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt Voetberg. Nays-Nooe. There being no further business, Council MemberPratt moved toadjoum the meeting. Seconded by Council Member Voetherg. Canied by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmano, Kluesner, Nicholson, Pratt Voetberg. Nays-None. Meeting adjourned at 8:06 p.m Mary A. Davis City Clerk 1990 ,~~u~ -.-e-:::-/ ~_.. . ,~'council Members Attest: // . ' ,~cd'~ ,,:¿ ~<LL~ / City Clerk 6 Board of Health, January 15, 1990 Attest: DUBUQUE BOARD OF HEALTH OFFICIAL PROCEEDINGS Bosrd of Health Quarterly Meeting, lanuary 15, 1990. Board met at 7:25 p.m., Public Library Auditorium. Present: Bosrd Members Heckmann, Kiuesner, Nicholson, Pratt Voetberg. Absent: Chairperson Brady, Board Member Deich. Chairpersoo Pro- Tern Pratt read the call and stated this is the Regular Quarterly Meeting of the Board ofHealth ealled for the purpose to act upon such business which may properly nome before the Bosrd. No business to come before the Bosrd, Bosrd Member Nicholson moved to adjoum the meeting. Seconded by Board Member Voetberg. Carried by the following vote: Yeas-Board Members Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Absent-Chairperson Brady, Bosrd Member Deich. Meeting adjourned at 7:27 p.m. f.)~ ~(f.I/H Æ.fe-./4 /~-- -/ - ,/ /// /~><--- /;>:.//,~, "/Î.-" ': ,7.," -~~ ~£2!f.,'¿/ '" " ///t: £<""'" ~U V' L~, /;~7"'~ ' ,,/ ¿ -BoardofHealt~ 7'_1:<.[:...1 dJ,"-~ Secret.tý, Board of Health Regular Session, January 15, 1990 7 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Sessioo, January 15, 1990. Council met at 7:30 p.m., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Bony A. Lindahl. Mayor Brady read the call and stated this is the Regular Sessioo of the City Council called for the purpose to act upon such busi- ness which may properly nome before the Council. Invocatioo was given by Rev. Ted Welch, Pastor of Faith Baptist Church. PROCLAMATION: January 28th through February 3rd, "National Catholic Schools Week" received by several students. Proof of Publication, on Notice of Public Hearing to approve an ameoded nonceptual developmeot plan for the Loras College ID Institutiooal Dislrict, preaented and read. Council Member Heckmann moved that the proof of publication be received and filed Seconded by Couocil Member Kluesner. Canied by the following vote: Yeas- Mayor Brady, Council Members Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-Council Member Deich. Commuoications of lustin Droessler, Nicholas Schrup III and Nick Schrup sop- porting the plan as requested by Loras Col- lege, preseoted and read. Council Member Heckmann that the communications be received and filed. Seconded by Council Member Kluesner. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Heckmann, Kluesoer, Nicholson, Pratt, Voetberg. Nays-Couocil Member Deich. Corumunications of Edith Hanis, Roo and Julie Schlader, Carl and Mariou Weitz, Lea Sullivan, Mrs. Ruth Pfiffner, Roy Schroder and Terry Kane and Kris Gallion-Kane, Pamela and John B. Hickey, Kay Lampe, Mrs. Earl Ehrlich, Leonard R. Decker, Cy Lampe, Joel Heer D.C., Lyle R. Galliart, Nelson and Mona Klavitter, Greg and ShelT)' McGinn, and James Mal object- ing to plan as proposed by Loras College, presented and read. Council Heckmann moved that the corumunications be received and filed. Secooded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Council Member Deich. Council Member Heckmann moved that the rules be suspended to allow anyone preaent to address the Council if they so desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmano, Kluesner, Nicholson, Pratt, Voetberg. Nays-Noue. An Ordinance amending the Cnde of Ordinances by revising Appendix A also known as "The Zoning Ordinance of the City o!Dubuque by approvIng an amended Con- ceptual Development Plan for the Loras College ID Institutiooal District, said Ordinance having been presented at the Council Meeting of lanuary 3, presented for final action. Gerald Jorgensen, Vice President and Dean of Students at Loras College, re- quested that the amended Conceptual Development Plan be approved as proposed. Bob Fisch, President of 11th Sl Neigh- borhood, supported the proposed plans. Chip Murray and Ruth Nash also supported the proposed plans. Doo Jannette, 919 Kirkwood, objected to the proposed plans. Tom Batthan, Audrey Yarnell and TelT)' Kane objected to the proposed plans. Marge Phillips, Dan Bowen, John Whalen, JoAnn Smith, Michael Fooley, William Luensmann all spoke to the proposed rezoning. Attorney Dennis Naughton, submitted a petition stressing concerns of the neighbors and objected to the proposal as presented. Attorney Brendan Quann for Loras College requested proposed rezonIng. John Sullivan and Corey Kalb spoke to the proposal. Council Member Heckmann moved that the Public Hearing be closed. Seconded by 8 Regular session, January 15, 1990 Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kloesner, Nicholson, Pratt, Voetberg. Nays-Nooe. (OFFICIAL PUBLICATION) ORDINANCE NO, Z-90 AN ORDINANCE OF TIlE CITY OF DUBUQUE, IOWA PROVID- ING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING OR- DINANCE AND ZONING MAP OF THE CITY OF DUBUQUE,IOWA BY APPROVING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE LORAS COL- LEGE ID INSTITUTIONAL DISTRICT. Whereas, Loras College, owner and ap- plicant, filed an amended cooceptual development plan for certain properties hereinafter described in accordance with provisions of the ID Institutional District regulations as set forth in Section 3-5.2 of the Code of Ordinances, Appendix A there- of, of the City of Duboqoe, Iowa; and Whereas, the Planning and Zoning Com- orission has held a public hearing 00 said amended 'conceptual development plan pursuant to required published notice; and Whereas, the Planning and Zoning Com- mission has approved said amended ooocep- tual development plan subject to specific oonditions and restrictions, having found that said plan conforms to the review stand- ards applicable to such plans as set forth io Section 3-S.2D(4) of the Cnde of Ordinan- ces, Appeodix A thereof, of the City of Dubuque, Iowa; and Whereas, the Planning and Zoning Com- mission recommended the ooncurreoce of the City Council and approval of said amended oonceptual development plan; and Whereas, the City Council has received the recommendation of the Planning and Zoning Commissioo and held its own public hearing on said amended conceptual development plan pursuant to the required publisbed nonce; and Whereas, the City Council has approved said amended conceptual development plan subject to the same specific oonditions and restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF DUBUQUE, lOW A: Sectloo 1. That in order to accomplish the purposes of the ID Institutional District of the Zoning Ordinance of thc City of Dubuque, Iowa, the conceptual develop- mentplan for Loras College, acopy of which is attacbed to and made a part hereof. is hereafter adopted and approved for the following described property, to wit: Lot I of Lot 2 of Mineral Lot 90; Lot 2 of Mineral Lot 91; Lot I and Lot 2 ofLoras College Place; Lot I and Lot 2 of City Lot 742; Lot I, Lot2and Lot 3 of City Lot 741; City Lot 714; Lots 20 throogh and including Lot 33 of Levins Addition; all of the alleys in Levins Addition; Lots 15 through and including Lot 180fKringie Addition; Lots 30 through and includiog Lot 43 of Yates Subdivision; Lots 32A, Lot B and Lot C all of Yates Subdivision; Lot I and Lot 2, and Lots 1Z throogh and iocluding Lot 15, all of Hcnion and Baird Subdivision; Lots I through and including Lot 8 of Hodgdon Sub- division; Lot A of Hodgdon Sub- divisioo; Lot 820 aod Lot 821 of A. McDaniels Subdivision; the West 53 feet of Lot 20 of Morgan's Sub- divisioo; Lot 7, Lot 7A, Lot 8, Lot 2 of Lot 9, Lot 2 of Lot 3, and Lot 2 of Lot 4, all of Yates and Pickett Sub- divisioo; Lot 2 of Lot 73, Lot 2 of Lot 74, Lot 2 of Lot 75, Lot 2 of Lot 76, Lot 2 of Lot 77. Lot 2 of Lot 78, Lot 2 of Lot 79, Lot71A, Lots 69 through and including Lot 71, Lots 63 through and including Lot 67, Lot 80, and Lot 2 of Lot 81A, all of A. P. Woods Additioo; and the alley from Blake Street East except the portiou adjoin- ing Lot 2 of Lot 72 of A. P. Woods Addition; all of Helena Stree~ all in the City of Dubuque, Iowa. Sectloo Z. That in order to accomplish the purposes of the ID Institutional District of the Zoning Ordinance, the property here and above described is subject to the follow- ing oonditions and restrictions: A. Use RegulalIolIS- The following regulations shall apply to all uses made ofland in the above described ID Institutional District: I) Principal permitted uses shall be liorited to the following: Regular session, January 15, 1990 9 a) College and universities (45] b) Classrooms. laboratories, lecture ha1ls, auditoriums and simillIf places for institutional assembly (45] c) Offices for administrative person- nel or other institutiooal employees or affiliates [14] d) Churches [7], libraries and museums [13] e) Single-family, two family [II] or multi-family dwellings for the housing of institutional residents or affiliates (9] f) Off-street parking and loading (N/A] g) Recreational or athletic facilities for the pdmary use and benefitofinstitu- tiooal resideots or affiliates [45] h) Existing private uses of slrUCtttres situated within an ID Dislrict for which theR-3 District standards all apply [N/A] 2) Accessory uses. The following uses shall be permitted as accessory uses in the above described ID Institutional District: a) Located entirely within a principal building, bookstores or bars seating not more than seventy-five persoos at one time and located not clo- than two hundred feet (200') from the nearest Residential or Office Residential District b) All other uses customarily in- cidental to the principal permitted use in coojunction with which such accessory use is operated or maintained, but not to include oommercial uses outside a prin- cipal building. B. Lot and Bulk Regulations. Development of land io the ID lostitu- tional District shall be regulated as follows: I) All buildings, slrUCtures and activities shall be located in oonformance with the attached conceptual development plan and all final site development plans shall be ap- proved in accordance with the provisions of the ill Institutional District regulstions as provided in the Zoning OrdinanceoftheCity of Dubuque, Iowa. 2) Three modules of units oontaining ap- proximately 28,000 square feet will be coIl- structed for student housing oontaiuing approximately 100 beds and located south of IGrI:wood at the end of Blake Street 3) The parking lot along Kirkwood Street will be eapanded toapproximately 52 apaoes with landscaping and lighting as required by the Zouing Ordinance. 4) A 36,500 square foot two-Ievel expan- sioo of the existing Wahlert Library will occur to the north of the existing building, with architectural style and materials com- patible with the existing library. 5) A new parking lot of 48 spaces will be oonstructed east of the proposed student housing with access ootoCox Street north of the Graber Center swimming pool. 6) A 35,000 square foot expansioo of the College Center will be constructed with renovation of the current building of 43,000 square feet with architectural style com- patible with both buildings. 7) A new parking lot will create 75 off- street parking spaces at the northeast ooruer of Cox Street and West 17th Street with landscaping and lighting as required by the Zouing Ordinance. 8) Maintain a 120 foot setback from the nearest property line for the new student housing. C. Performan« Standards. The development and mainlenance of uses in the ID Institutiooal District shall be established in oonformaoce with the follow- ing standards, as well as the regulations of Section 3-5.2 of the ill Institutional District: I) The proposed construction and landscaping schedule shall occur as follows: a) The student housing expansioo of parking south of IGrI:wood and the oew parking lot will be constructed in 1990. b) The expansion of the Wahlert Library shall occur in 1991. c) The expansion of the College Center shall occur in 1991. d) The new parking lot shall be created at the comer of Cox Street and West 17th Street in 1992. D, SIte Development Standards. The site development standards for this ID Institutional District shall establish the minima1landscaping and sereening require- ments as established in accordance with the requirements of Section 4-5 of the Zoning OrdinanceoftheCityofDubuque, Iowa. All other site development standards of Sectioo 10 Regular Session, January 15, 1990 4-4 shall apply with the exceptioo of the following apecial requirements: I) Add a sidewalk from the new student housing to the Rohlman 1IaI1 parking lot, near the grotto. 2) Add a landscape buffer of living evergreen material of7S% opacity and twen- ty feet in height at maturity and six feet io height at planting, from the west edge of the existing Kirkwood Strut parking lot along Loras College's western property line, on Loras College property, to a point on the property line which is approximately 120 feet west of the seismograph station. 3) File a new amended conceptual development plan with the City of Dubuque prior to ~y ,conslrUction or development activities in the two campus green spaces roughly bounded by (a) the new student housing, Kirkwood Stru~ Cox Stru~ and the Graber Center. and (b) the new student housing, Graber Center, Rohlman Hall, and Alta Vista Street E, Addltlooal Standards. I) The off-strut parking requirement for the principal pennitted uses for the herein described 1D Institutional District shall be designated by a bracket enclosed number next to the use, as herein described: [9J 1.5 spaces foreach dwelling uniL [II] Two spaces for each dwelling unit. [14] One space for each four hundred square feet devoted to office use or one space for each employee 00 the maxi- mum shif~ whichever is greater. [7J One space for each four per- manent seats. [13J One space for each five hundred square feet of floor area accessible to the general public. [45] Dormitories - ooe space for each bed. Gymnasiums - one space for each six permanent seats. Lecture halls - one space for each six permanent seats. Employees - .75 spaces for each employee 00 the maximum shift. 2) The amended conceptual develop- ment plan shall be valid for a perind of five .:If.' " years provided a Final Site Development Plan is suhmitted within one year from the date of approval of this ordinance. F. Transfer of Ownershlp- I) Transfer of ownership or lease of property in this 1D Institutional District shall include in the transfer of lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District. Passed, approved and adopted this 15th day of January, 1990- James E.,Brady Mayor ATIEST: MOly A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 19th day of lanuOly, 1990. MOly A. Davis City Clerk It 1/19 Mayor Brady moved to amend the proposed Ordinance, to maintain 120 fL setback from the nearest property line. Seconded by Council Member Pratt. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholsoo, Pratt, Voetberg. Nays-None. Council Member Heckmaon moved final adoption of the Ordioance, as amended. Seconded by Council Member Kluesner. Canied by the following vote: Yeas- Mayor Brady, Council Members Heckmann, Kluesoer, Nicholson, Pratt, Voetberg. Nays--Council Member Deich. 9: 13 p.m. Council recessed. 9:28 p.m. Council reconvened. Communication of City Manager report- ing on additional respouse from prospective hotel developers and Communicatioo ofThe Hardhat Group, aJkJa Blue Moon Develop- ment Co. submitting their proposal regard- ing the building of a Clarion Hotel downtown, presented and read. Council Member Pratt moved that the communica- tioos be received and filed- Seconded by Council Member Deich. Carried by the fol- lowing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt Voetberg. Nays-None. Mr. Renton spoke. Regular Session, January 15, 1990 11 RESOLUTION NO, 7-90 RESOLUTION DESIGNATING A DEVELOPER FOR THE DOWN- TOWN HOTEL PROJECT Whereas, the City of Dubuque, Iowa, desireS the redevelopment of the area known as Block 14 in Dubuque Downtown PI.... ("property") as a downtown hotel facility in order to achieve the objectives of the Downtown Urban Renewal Plan and to assure the appropriate development of adjacent areas; and Whereas, pursuant to a Request For Qualifications, four potential developers submitted responses which respouses have been duly considered by the City Council of the City of Dubuque, Iowa; and Whereas, the City Council has deter- mined that the qualifications and prelim!- nOly development concept of Blue Mooo Development Company of Johnstown, Pennsylvania, are most appropriate for the projecL NOW, THEREFORE, BE IT RESOLVED BY THECITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. ThatBlueMoonDevelopment Company of Johnstown. Pennsylvania, is hereby designated as the developer for the downtown hotel projecL Sectloo 2. That dming the period c0m- mencing on the date of the adoption of this resolution and for 90 days thereafter <r mutually agreed upon extension thereof, the City and the developer will jointly finalize the nature and costs of a hotel development project including design and financing of said projec~ and will negotiate exclusively and in good faith with each other to develop a plan for redevelopment of the property for . hotel facility f<rlrnplernentatioo according to Chapter 403 Code of Iowa, Urban Renewal Law. Section 3. That this resoiutioo does not convey noris it intended to convey anyrigh~ title, or other interest in property. Sectl.., 4. That the designation of Blue Moon Development Company as developer is subject to all representations made by said company and to the presentation by the developer of a good faith deposit in the amount of ten thousand dollars ($10,000) which deposit shall be in the form of a cashier's check or irrevocable letter of crediL Said deposit sha11 be returned to the developer only upon a finding by the City Council that the project will not proceed through no fault of the developer. Section 5. That the developer shall acknowledge its approval and acceptance of the povisions of there solution by endorsing its acceptance below. Passed. approved and adopted this 15th day oflanuary, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE The provisions of this resolution are hereby approved and accepted by Blue Moun Development Company, Johnstown, Pennsylvania. William D. Renton, President Date: 1-15-90 Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Pmof of Publication, 00 Notice of Public Hearing to reclassify property adjoining and including a portion of the Ice Harbor from HI to CR District, presented and read. Council Member Heckmann moved that the proof of publication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Conununication of Planning & Zoning Commissioo advising of their approval to rewne said property to facilitate the estab- lishment of the Ice Harbor as a docking site for the proposed excursion/gambling boat. presented and read. Council Member Heckmann moved that the communicatioo be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Molo Companies advising of their non-resistance of the rezoo- ing, however, going 00 record that if the DRA doe. not receive a Riverboat Ganabling License or if the Excursioo Gambling Boat will not be docked in the Ice Harbor area, the Molo Companies expect that their current 12 Regular Session, January 15, 1990 zoning would be reinstated upoo applicatioo being made to the appropriate bodies, presented and read Council Member Heckmann moved that the communicatioo be received and filed. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voelberg. Nays-None. An Ordinance amending Code of Ordinances by revising the Zoning Ordinance to reclassify property adjoining and including a portion of the Ice Harbor from HI Heavy Industrial District to CR Commercial Recreation district, presented and read. Mr. Hank Walz, IS52MapleStreet.,gave specific infónn&tioo and requested that they contact the Corps of Engineers before final action. Council Member Pratt moved that the Public Hearing be closed. Seconded by Council Member Nicholsoo. Canied by the following vote: Yeas-MayorBrady,Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Council Member Voetberg moved that this be tabled to a special Council meeting of January 22. Seconded by Council Mem- ber Heckmann. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. Proof of Publication on Notice of Public Hearing to reclassify property located West ofHighway 151161 fromAG toC-3 District. presented and read. Council Member Voetberg moved that the pmof of publica- tion be received and filed. Seconded by Council Member Heckmann. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt Voetberg. Nays-None. Mr. Dick Schulz requested favorable rezoning. Council Member Nicholsoo moved that the public bearing be closed. Seconded by Council Member Pratt. Canied by the fol- lowing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance amending Zoning Ordinance by reclassifying property located West of Highway 151/61 fromAGAgricul- tural to C-3 General Commercial District. said Ordinance having been presented and read at the Council Meeting of January 3, 1990, presented fo< final action. (OFFICIAL PUBLICATION) ORDINANCE NO- 3-90 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVID- ING TIIAT THE CODE OF OR- DlNANCES, CITY OF DUBUQUE, lOW A, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED WEST OF HIGHWAY 151/61 FROM AG AGRICUL- TURAL TO C-3 GENERAL COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOW A: Sectloo 1. That the Code of Ordinaoces of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from AG Agricultural District toC-3 General Commercial District, to wit: Lot 2 of Lot I of Lot 2 of Lot I of Mineral Lot 482; the vacated portion of Old Bellevue Road, lying between Lot 2 of Lot I of Lot 2 of Lot I of Mineral Lot 482 and Lot I of Lot I of Lot I of Key Gate Center and Lot 2 of Lot 2 of Lot I of Key Gate Center, all in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment baa heretofore been approved by the Planning and Zoning Commissioo of the City of Dubuque, Iowa. Passed, approved and adopted this 15th day of lanuary, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 19th day of Januaty, 1990. Mary A. Davis City Clerk It 1/19 Regular Session, January 15, 1990 13 Council Member Voetberg moved final adoption of the Ordinance. Seconded by Council Member Heckmaun. Canied by the following vote: Yeas-MayorBrady.Coun- cil Members Deich, Heckmaun, Kluesner, Nicholson. Pratt, Voetberg. Nays-Nooe. Cooncil recessed at II :20. Council reconvened at 11:27. Communication of City Manager sub- mittingdocuments providing for the bidding process for cleaning, repairing and painting of the Park Hill Water Tank Project, presented and read. Council Member Voet- berg moved that the communication be received and filed. Seconded by Council Member Heckmann. Canied by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voelberg. Nays-None. RESOLUTION NO. 8-90 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contnoct and estimated cost for the Clearhog, Repairing, and Painting of the 1.4 MMG Park Hilt Water Storage Tank - Dubuque, Iowa, in the estimated amount of S20S,OOü, are bereby approved and ordered filed in the ofliceofthe City Clerk for public inspectioo. Passed, appmved and adopted this 15th day ofIanuary, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tioo of the Resolution. Seconded by Council Member Heckmann. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO- 9.90 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS. Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval of the proposed plans, specifica- tioos, and form of contnoct and placed same on file in the office of the City CIeri: for public inspection of the Cleaning, RepaIr- ing. and Painting of the 1.4 MMG Pari: Hill Water Storage Tank - Dubuque,lowa. NOW, THEREFORE, BE IT RESOLVED, that on the 5th day of March, 1990, a public hearing will be beld at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement. and the City CIeri: be and is hereby directed to cause a notice of time and place of such hearing to be publisbed in a newspaper having general circulation in the City of Dubuqoe, Iowa, which notice shall be not less than four days no< more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifica- tions, contnoct. or estimated cost of the improvement Passed. approved and adopted this 15th day ofIanuary, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tioo of the Resolution. Seconded by Council Member Heckmann. Canied by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 10.90 ORDERING BIDS BE ITRESOL VED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Cleaning, Repairing, and Paint- ingofthe 1.4MMG ParkHill Water Storage Tank - Dubuqne, Iowa, is hereby ordered to be advertised for bids for constructioo. BE IT FURTHER RESOLVED, that the amount of the secority to accompany each bid shall be in an amount which shall con- form to the provisions of the notice to bid- ders hereby approved as a pari of the plans and specificatioos berelofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be pub- lished in a newspaper having general circulation in the City of Dubuqoe. Iowa, which notice shall not be less than four days nor more than twenty days prior to the 14 Regular Session, January 15, 1990 receipt of said bids at 2:00 p.m. on the 20th day of February, 1990. Bids shall be opened and read by the City CIeri: at said time and will be submitted to the Council for final action at 7:30 p.ro. on the 5th day ofMareh, 1990. Passed, approved and adopted this 15th day ofJanuary, 1990. James E. Brady Mayor Attest: Mary A. Davis CilyClerk Council Member Voetberg moved adop- tioo of the Resolution. Secooded by Council Member Heckmann. Canied by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Corumunication of City Manager suI>- mittingdocuments providing for the bidding procedure for the installation of carpeting at the Five Flags Civic Center, presented and read. Council Member Voetberg moved thst the corumunication be received and fùed. Seconded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 11.90 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of oonttact and estimated cost for the Civic Center Carpet Replacemen~ in the estimated amount of$34,OOO.oo, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, appmved and adopted this 15th day ofJanuary, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tioo of the Resolution. Secooded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt Voetberg. Nays-None. ~,.. RESOLUTION NO. 12.90 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS. Whereas, the City Couocil of the City of Dubuque, Iowa has given its preliminary approval 00 the proposed plans, specifica- tioos, and form of oontract and placed same on file in the office of the City CIeri: for public inspection of the Civic Center Carpet Replacement NOW, THEREFORE, BE IT RESOLVED, that on the 19th day of February,I99O,apubliChearingwillbeheld at 7:30 p.m. in the Public Library Auditoriumat which time interested persons may appear and be heard for or against the proposed plans and specifications, form of cootraCt and cost of said improvemen~ and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing 10 be published in a newspaper haviog general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than tweuty days prior 10 the day fixed foritsconsidera- tioo. At the hearing, any interested person may appear and file objectious to the proposed plans, specifications, contrac~ or estimated oost of the improvement Passed, appmved and adopted this 15th day of lanuary, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council MemberVoetberg moved adop- tiooofthe Resolution. Seconded by Council Member Pratt Canied by tbe following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO, 13-90 ORDERING BIDS BE ITRESOL VED BY TI/E COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: That the Civic Center Carpet Replace- ment is hereby ordered to be advertised for hids for coostruction. BE IT FURTHER RESOLVED, that the amount of the security 10 accompany each bid shall be in an amount which shall con- form to the provisions of the notice 10 bidders hereby approved as a psrt of the plans and specifications herelofore adopted. Regular Session, January 15, 1990 15 ThaI the City CIeri: is hereby directed to advertise fo< bids for the coostruction of the in1""vements herein provided, to be pul>- lished in a newspaper having general cir- culatiooin the CityofDubuque, Iowa, which nodce shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. 00 the 6th day of February, 1990. Bids shall be opened and read by the City Clerk at said time and will be submitted 10 the Council for final actioo at 7:30 p.m. 00 the 19th day of February, 1990. Passed. appmved and adopted this 15th dayofJanuary, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tioo of the Resolution. Seconded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Noue. Communication of Planning & Zoning Commission advising of their approval to rezone a portion of property west of Clarke Crest Ddve and south ofClarl:e CrestCoun from R-I to ID and an amended oooceptual development plan for the ID District, presented and read. Council Member Pratt moved thst the oorumunication be received and filed. Seconded by Council Member Heckmann. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Nays-None. Abstain-Council Member Voetberg. An Ordinance Ameoding Zoning Or- dinance by reclassifying a portion of proper- ty west of Clarke Crest Ddve and Clarke Crest Court from R-l Single Family Residential to ID Institutional Distric~ and by approving an amended Conceptual DevelopmentPlan for the Clarl:eCollege ID Institutional Distric~ presented and read. Council Member Pratt moved that this be considered the first reading of the Ordinance, and that the requirement thst a proposed Ordinance be considered and voted 00 for passage at two oouncil meetings prior to the meeting at which itis to be fioally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 19th day of February, 1990, and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Heckmann. Canied by the following vote: Yeas-Mayor Brady, Council Memben Deich, Heckmann, Klttesner, Nicholson, Pratt. Nays-None. Abstain-Council MemberVoetberg. Communication of Planning & Zoning Commissioo advising of their approval of the Freeway Corridor Plan and requesting Council to study the plan, set the matter fo< a public hearing and adopt a Freeway Cor- ridor Plan to guide the development and redevelopment anticipated aloog and ad- jacent to the newly built roadway, presented and read. Council Member Kluesner moved that this be referred to Council and set it for Work Session on lanuary 29, 1990. Seconded by Council Member Heckmann. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Managerreoom- mending to sell the property located at 437 Loras Boulevard and setting public hearing, presented and read. Council Member Pratt moved that the corumunication be received and fùed. Seconded by Council Member Heckmann. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 14.90 A RESOLUTION OF INTENTION TO DISPOSE OF CITY-OWNED PROPERTY; LOT TWO OF LOT FOUR OF OUT LOT 667, CITY OF DUBUQUE,DUBUQUECOUNTY, IOWA. Whereas, the City of Dubuque Human Services Department has determined the feasibility of a development proposal for the renovation of property located at 437 Loras Boulevard; and Whereas, the City Council, by passage of Resolution No. 104-88, recognized the need for provision of certain City administered community development subsidy fo< the purpose of achieving rehabilitatioo of this property; and Whereas, the City has received an offer to acquire the property at Lot Two of Lot FourofOutLot667, in the amount ofs 1.00, in accordance with an offer to buy real estate attached bereto; 16 Regular Session, January 15, 1990 NOW, THEREFORE, BE IT RESOLVED BYTHECITY COUNCIL OF THE CITY OF DUBUQUE,IOW A.: SectIon 1, That the City of Dubuque inlends to dispose of its interest in the fol- lowing legally described property: Lot Two of Lot Four of Out Lot 667, in the City of Dubuque, Iowa, according to the reoorded plat of said subdivisiou. Section 2. That the City of Dubuque, Iowa proposes to dispose of its interest in the herein described real estate to J. L. Felderman, for the consideration of SI.OO and the tenns of the offer to buy real estate attached bereto. Sedloo 3. That this Council meet in the Carnegie Stout Public Library Auditorium. 11th and Bluff Streets, Dubuque, Iowa, at 7:30p.m. on the 5th day ofFebroary, 1990, for the purpose of taking action on the dis- position of Lot Two of Lot Four of Out Lot 667, City of Dubuque, Dubuque County. Sedloo 4, That the City Clerk be and sbe is hereby authmized and directed to cause a notice to be publisbed as prescribed under Chapter 364.7, Disposal of Property-Code of Iowa 1987 or as amended. Passed, appmved and adopled this 15th day of lanuary, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoptioo of the Resolutioo and set it for Public Hear- ing 00 February 5,1990 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 Heckmann. Canied by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmaoo, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. Corumunication of City Managerrecom- mending a public hearing be held providing for the vacating of a portion of Blake Street and the alley east of Blake Stree~ presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas- Mayor Brady, Council Members Kluesner, Nicholson. Pratt, Voetberg. Nays-Council Members Deich, Heckmann ,"""-- RESOLUTION NO- 1$-90 RESOLUTION APPROVING PLAT OFV ACA TED SOUTHERL YPOR- TION OF BLAKE STREET AND 20 FT. ALLEY LYING FIRST SOUTII OF KIRKWOOD STREET AND RUNNING FROM E.P.L. OF BLAKE STREET TO TIlE EAST END OF ALLEY. Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, aplatdatedNovember22,I989,preparedby llW Associates, P.C.. Dubuque, Iowa, describing the vacated portion of 60 fl wide Blake Street from the S.P.L. of Lot 71 Wood's Addition to the south end of street, and 20 fl wide alley lying lint south of Kirkwood Street running from E.P.L. of Blake Street to its east tenninus which is approximately 386 ft_Iong; and Whereas, said plat confonns to the laws and stacutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BYTIŒCITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Sedloo 1. That the plat dated November 22, 1989 prepared by llW Associates, P.C., relative to the real estate hereinabove described be and the same is hereby ap- proved. and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf oftheCity ofDubuque, Iowa. Sedloo 2. That the City Clerk be and is hereby authmized and directed to file said plat and certified copy of this Resolution in the Office of the Recorder, in and for Dubuque County,lowa. Passed. approved and adopted this 15th day oflanuary, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Mem-- bers Kluesner, Nicholsoo, Prat~ Voetberg. Nays-Council Members Deich, Heckmann. RESOLUTION NO- 16-90 RESOLUTION DISPOSING OF CITY INTERESTIN LOT 6SA, 71B Regular Session, January 15, 1990 17 AND 7IC OF WOOD'S ADDmON IN THE CITY OF DUBUQUE, IOWA. Whereas, Loras College has requested the vacating of a portion of Blake Street and 20 fl alley lying first south of Kirl:wood . sueet and ronuing from E.P.L. of Blake Street to the east end of alley; and Whereas, IIW Associates, P.C., Dubu- que. Iowa has prepared and submitted to the City Council a plat showing the vacated portion of Blake Street and 20 fl alley and assigned a lot number thereof, which hereinafter shall be known and described as Lot6SA. 7IBand7ICofWood'sAdditioo in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determinèd that this por- tion of Blake Street and 20 fl alley is no longer required for public use, and vacating and sale of said portion of Blake Street and 2Ofl alley known as Lot6SA, 7lB and 71C Wood's Addition in the City of Duhoque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THECITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to dispose of its interest in Lot 6SA, 7IB and 7IC Wood's Additioo in the City of Dubuque,lowa. Section 2. That the conveyance of Lot 6SA and 7lC of Woods Additioo in the City of Dubuque, Iowa to Lor.. College, and Lot 7IB of Woods Addition in the City o!Dubu- que, Iowa to Peter M. and Sava A. Ross be cootingent upon the payment of SI,672.00 and S IOS.OOrespectively, plus platting, pul>- lication and filing fees. Sedloo 3. That the City Clerk be and is hereby aothorized and directed to canse and notice of intent to dispose of said real estate in the manner as prescribed by law. Passed. appmved and adopted this 15th day oflanuary, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution and set it for Public Hear-- ing on February 5, 1990 at 7:30 P.M. in the Public Library Auditorium with the City Clerk to publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Kluesner, Nicholsoo, Pratt, Voetberg. Nays-Council Members Deich, Heckmann. Communication of City Manager responding to tree removal appe.a1 by Steve and Phyllis Slatlety and recommending tree be removed at 1955 Delaware Street, presented and read. Council Member Heckmann moved that the cornmunicatioo be received and filed and approved recom- mendation. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Council Members Deich, Heckmann, Kluesner, Voetberg. Nays- Mayor Brady, Council Members Nicholsoo, Pratt Communication of City Manager respouding to tree removal appeal by The Fischer Company and recommending removal of tree 00 the 'Bluff Street side of 408 West Fifth Stree~ and Conununication of The Fischer Companies advising of theIr decisioo not to o~ect to the tree's removal, presented and read Council Member Heck- mann moved that the communicatioos be received and ftIed and recommendation approved. Seconded by Council Member Kluesner. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. Communication of City Manager requesting appmval of an application to the U.S. Department of Housing and Urban Development for sixty-five additional Sec- tion 8 Program Housing Vouchers, presented and read. Council Member Voetberg moved that the conununication be received and ftIed. Seconded by Council Member Heckmann. Canied by the follow- iog vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. RESOLUTION NO. 17--90 A NEW RESOLUTION AUTHOR- IZING THE MAYOR TO EXECUTE AN APPUCA TION TO PARTICIPATE IN THE SECTION 8 HOUSING VOUCHER PRO- GRAM Whereas, the City of Dubuque recog- nizes the continuing unmet need for provision of assisted housing to the City's qualifying lower--income households and families; and 18 Regular Session, January 15, 1990 Whereas, the u.s. Department of Hous- ing and Urban Devdopment has invited the City to make application for additiooal Sec- tioo 8 Housing VoucherProgramfunds; and Whereas, andin accordance with Sectioo 4O3A.S of the Iowa Code which states: "A municipality or a 'Municipal Housing Agency' may not proceed with a housing project until a study or a report and recommendation on housing available within the com- munity is made public by the monicipality or agency and is in- cloded in its recommendations for a housing project Recommendations must receive majority approval from the local governing body before proceeding on the housing projecL" And in accordance with Section 213(c) of the Housing and Community Development Act of 1974, which states in pall that we must determine whether or not there is a need for such hoosing assistance, taking into consideration any applicable State or areawide housing assistance plan as well as generally available data with respect to population, poverty, housing overcrowding, housing vacancies and substandard housing. An application may be appmved ordy if our determination is in the affirmative; and Whereas, this application is consistent with the 1988-91 Housing Assistance Plan for the City of Dubuque as approved by the MUD Area Office in December,1988. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,IOWA: Sectloo 1. That the City of Dubuque has determined there is a need for additional housing assistance and is knowledgeable of the stacus of available housing within the City as required by Iowa Code and that majority appmval of the proposed housing activity within the City's jurisdiction is hereby granted. Sectloo 2- That lids resolutioo is intended to serve as the City o!Dubuque 's final notice to the U.S. Department of Housing and Urban Development of such approval and that no additional comment will be made by the City of Dubuque on this matter. Sectloo 3. The Mayor is authmized and directed to submit an applicatioo to the U.S. Deportment ofHousing and Urban Develop- ment for participation in the Section 8 Housing Voucher Program. ",-" Sectl... 4, The City o!Dubuque Housing Commission has met and conducted the necessary public hearing regarding this application in accordance with requirements of Chapter 4O3.A.28 of the Code of Iowa, and has reviewed and approved the plans for program design and administration of this proposed program. Sectl... S. The City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the U.S. Department of Housing and Urban DevelopmenL Passed, appmved and adopted this 15th day ofJanuary, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Secooded by Council Member Heckmann. Canied by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager re- questing approval of a RISE application to the lOOT for 60% of the funding for street improvements required in the Ice Harbor area for the riverboat gambling project and the other related tourism attractions, presented and read. Council Member Voetberg moved that the communication be reœived and filed. Seconded by Council Member Heckmann. Canied by the follow- ing vole: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Peart, Voetberg. Nays-None. RESOLUTION NO. 18-90 AUTHORIZING APPLICA nON FOR RISE FUNDS FOR IMPROVE- MENT OF MUNICIPAL STREET SYSTEM IN THE ICE HARBOR AREA. Whereas,1hereis aneed for theconstruc- tioo of new streets and upgrading of existing streets to accommodate proposed plans for riverboat gambling in the Ice Harbor area of the City ofDubuque; and Whereas, the costoftheseimprovements is estimated at $878,626.00 and a request is being made foc RISE Funds in the amount of $547,176.00 oc 60% of the total cost of the street improvements; and Regular Session, January 15, 1990 19 Whereas, the street improvements are necessary ID facilitaæ the movement of laIge volume of traffic principally from the downtown street system and the State prinwY system to this major tourism attrac- tioo; and Whereas, as pori of the improvement of the area to accoounodate the ri verhoat gam- bling and other activities there will be approximately 1,000 porI:ing spaces which will be generating substantial peak load traffic demands; and Whereas, the present street system is in- adeqoate oris badly in need of rehabilitatioo in order to accommodate lids increased traffic requiremen~ and Whereas, the City of Dubuque is now in the process of acquiring the land for the accommodation of riverboat gambling; and Whereas, construction of the improved road system must be oompleted prior to April I, 1991; and Whereas,1here will be a total investment in the area in excess of $17,000,000.00 in- cluding the gambling boat and gambling facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec\oo I. That an application be sub- mitted to 1he Iowa Department ofTranspor- tation for a RISE Grant of $527,176.00 or 60% of the cost of lrnproving the street sys- temin the proximity of the Ice Harbor area to accommodate the anticipated increase in ttaffie volumes as a result of riverboat gambling and other attractioos in the area. SectJ... 2. That City endorses the project as a very essential element in the support of the riverboat gambling facility and the en- hancement of tourism for the Dubuqueland area. Sectloo 3. That the City 00 the oomple- tioo of the improvements will dedicate the streets for public use. Sect.... 4. That the City will assume all responsibilities associated with the main- tenance of the street improvements 00 completion. Sectl... S. That the Mayor be authorized and directed to sign a RISE application for local development funding and forward such application to the Iowa Department of Transportation for a RISE grant of $526,176.00. Passed, approved and adopted this 15th dayofJanuary, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tioo of the Resolution. Secooded by Council Member Heckmann. Canied by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prall, Voetberg. Nays-Nooe. Communication of City Manager re- questing approval of a R.E.A.P. grant application in the amount of $200,000 for coostructioo of arestroom/shower facility at Riverview Pari: and authorize theMayoc and City Manager to sign the application, presented and read. Mr. Don Shanley of the Dubuque Yacht Basin requested Council not approve application for a R.E.A.P. GranL Council Member Pratt moved that the communication be received and filed and approved with City Mgr. and the Mayor to sign. Seconded by Council Member Voetberg. Canied by the following vole: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-Council Member Nichol- SOIl. Communication of City Manager re- questing approval of a Historic Resouroe Development Program (HRDP) grant to in- stall historic street lights along Thlrd Street Overpass and authorize the City Manager to sign the application, preaented and read. Council Member Heckmann moved that the communication be received and filed and approved. Seconded by Council Member Pratt Canied by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt Voetherg. Nays-None. Communication of City Manager re- questing approval for execution of aRevital- ize Iowa's Sound Economy (RISE) Grant Agreement between the City and the lOOT to expand and enhance the roadway system which currently serves the Dubuque Industrial Center, presented and read. Coun- cil Member Voetberg moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt Voetherg. Nays-None. 20 Regular session, January 15, 1990 RESOLUTION NO. 19.90 A RESOLUTION AUTHORIZING THE EXECUTION OF A REVI- TALIZE IOWA'S SOUND ECONOMY GRANT AGREE- MENT WITH THE lOW A DEPARTMENT OF TRANSPOR- TATION. Whereas, the Revitalize Iowa's Sound Eoonomy (RISE) bas been created hy the Iowa Departtnent ofTransportatioo to assist in the econooricdevelopmentefforts oflocal jurisdictions; and Whereas, the City of Dubuque, Iowa baa been awarded a $170,559 grant from the RISE program by the Iowa Department of Econooric De"elopmen~ and Whereas, the City of Dubuque, Iowa believes that, through the continued en- hancement and expansioo (of the Dubuque Industrial Center, permanent employment opportunities for its citizenry will be created and new and expanding businesses will be encouraged to location their operations within the industrial center; and Whereas, a RISE Grant Agreement is to be executed between the Iowa Departtnent of Transportation and the City of Dubuque, Iowa and the same hereto attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THECITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectloo 1. That the City Clerk be and sbe is hereby authorized and directed to endorse the acceptance of the City o!Dubuque,lowa upon the Grant Agreement hereto attached. Sectloo 2. Thai the City Manager be and he is hereby authorized to disburse funds in acenrdance with the teons and couditioos of the Grant Agreement hereto attached. Passed, appmved and adopted this 15th day ofJanuary 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tioo of the Resolution. Secooded by Council Member Kluesner. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. ,~ " Communication of City Manager re- questing appmval of resolutioo relative to the application of RISE Funds for comple- tiooofthe Northwest Arterial froml.F.K. to Rou'" S2ß86, presented and read. Council Member Deich moved that the communica- tion be received and filed. Seconded hy Council Member Kluesner. Canied by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt Voelberg. Nays-None. RESOLUTION NO, 20-90 Whereas, the Cities of Dubuque, Sageville, and Dobuque County have sub- mitted a RISE applicatioo for the Northwest Arterial to the Iowa Department of Transportation; and Whereas, the Iowa Department of Transportation is requesting documentation thai the local governments will accept RISE funds contingent upon the creatiou of new jobs; and Whereas, Flexstul Industries has cor- responded with the Iowa Department of Transportation concerning the need for the projectand potential job growth in Dubuque. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE TIlA T: Sectloo 1- That the City Council of Dubuque would oonsider favorably a RISE grant for the Northwest Arterial with the condition that 75 jobs will be retained and 240 new jobs will be created by Flexsteel Industries. The new job creation assumes a moderate growth in the Company within the next five years. Passed, approved and adopted this 15th day of January, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Member Kluesner. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson. Pratt, Voetberg. Nays-None. Communication of Corporation Counsel submiuing final settlement documents in the Cityo!Dubuque vs. HDR matter, presented and read. Council Member Voetberg moved that the communication be received and Regular SeSSion, January 15,1990 21 filed. Seconded by Council Member Kluesner. Canied by the following vo"': Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voelberg. Nays-None. RESOLUTION NO. 21.90 A RESOLUTION AUTHORIZING THE EXECUTION OF A MUTIJAL RELEASE AND SETTLEMENT AGREEMENT IN THE PENDING LAWSUIT BETWEEN THE CITY OF DUBUQUE, IOWA, (CITY) AND HENNINGSON DURHAM RICHARDSON, INC.. (HDR), CIVIL ACTION NO. C-8S-I025, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA. Whereas, City and HDR are parties to an action brought in the United States District Court forthe Northern District of Iowa, Civil No. C-8S-I025; and Whereas, City and HDR desIre to fully settle and compromise all issues, disputes, cootroversies, lawsuits and claims between them as set forth in the attached Mutual Release and Settlement Agreement and Gtlarantee by HDR, Inc.; and Whereas, the City Council of the City of Dubuque has approved the tenns set forth in the Mutual Release and Settlement Agree- ment and Guarantu by HDR, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectl... 1. The Cntpotatioo Counsel of the City of Dubuque is hereby authorized to execute the Mutual Release and Settlement Agreement on behalf of the City of Dobuque, lowa,and todeliver same tocoun- sel for Henningson Durham Richardson. Inc. Passed. appmved and adopted this 15th day ofJanuary, 1990. Attest: Mary A. Davis City Clerk James E. Brady Mayor Communication of COI]JOC8tion Counsel submitting an amendment to the underage alcoholic ordinance, preaented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. An Ordinance Amending Section 5-7.5 relating to persons under 21 years of age attempting to purchase or otherwise obtain alcoholic liquor, wine or beer, by amending paragraph (a) thereof, exempting therefrom obtaiuing wine in coonection with religious ceremonies, presented and read. ORDINANCE NO. 4.90 AN ORDINANCE AMENDING SECTION 5-7.5 OF THE CITY OF DUBUQUE CODE OF ORDINAN- CES, RELATING TO PERSONS UNDER TWENTY-ONE YEARS OF AGE ATfEMPTING TO PUR- CHASE OR OTHERWISE OBTAIN ALCOHOLIC LIQUOR, WINE OR BEER, BY AMENDING PARA- GRAPH (A) THEREOF, EXEMPT- ING THEREFROM OBTAINING WINE IN CONNECTION WITH RELIGIOUS CEREMONIES. Sectloo 1- Sectioo 5- 7.S(a) of the City of DubuqueCnde of Ordinances is amended by repealing said paragraph. The following new Sectioo S-7.5(a) is hereby adopted: (a) It shall be unlawful for any persoo uoderthe age of 21 years to attempt to pur- chase or otherwise obtain any alcoholic liq- uor, wine or beer. TIds provision shall not apply, however, to a person under the age of 21 years obtaining wine as a part of a religious ceremony. Sectloo 2. This Ordinance shall take effect immediately upon publication as provided by law. Passed, appmved and adopted this 15th dayofJanuary, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved that this be considered the first reading of the Ordinance, and thai the requirement that a proposed Ordinance be considered and voted 00 forpassage at twooouncil meetings Council Member Voetberg movedadop- tioo of the Resolution. Secooded by Council Member Kluesner. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. 22 Regular Session, January 15, 1990 prior to the meeting at which itis to be finally adopted be suspended and further moved final adoptioo of the Ordinance. Seconded by Council Member Deich. Canied by the following vote: Yeas-MayorBrady,Coun- cil Members Deich, Heckmann, Kluesner, Nicholson. Pratt, Voetberg. NaY"-Nooe. Communication of City Manager re- questing approval for ward and precinct houndary changes which have been sug- gested to the City by the Legislative Service Bureau, presented and read. Council Mem- ber Voetherg moved that the oommunicatiou be received and filed and approved. Seconded by Council Member Pratt Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager re- questing Council postpone its scheduled January 29th public bearings on signs in the U.S. 61/151 freeway corridor and change to February 6, 1990, presented and read. Coun- cil Member Voetberg moved that the com- munication be received and filed and approved. Seconded by Council Member Pratt Carried by the following vote: Ycas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Operation: New View requesting the naming of two in- dividuals who will represent the City of Dubuque for 1990, and an alternate, presented and read. Council Member Voetberg moved that the oommunication be received and filed and named City Manager Gearhart and Council Members Deich and Nicholson with Assistant City Manager Stephani lohoson as an alternate. Secooded by Council Member Pratt. Carried by the following vote: Y cas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Council appointment to Dubuque Racing Association (DRA) - Council Member Deich moved that they appoint Council Member Dan Nicholson to the DRA Board. Seconded by Council Member Voetberg. Canied by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. BOARDS/COMMISSIONS Human Rights Commission Vacancies: Three 3-year tenns that will expire January I, 1993 (terms of Ruby Sutton, Daniel Nicholson and Elaine Lagerstrom). Applicants: Kim Clayton, Floyd Cook, William Gibbs, Brenda Hager, Elaine Lagerstrom, Cynthia Muchna, Robert Nagle, Michael O'Meara, Tim Piggot, Steven Rohner, Ruby Sutton, David Vanderah, Mary Wachtel, Ralph Watkins. Mayor Brady and Council Member Deich spoke 00 behalf of Ruby Sutton and Ralph Watkins. Russell Nash requested appointed of Ralph Watkins. Elaine Lagerstrom re- quested reappointment. Colleen Conklin re- quested that Tim Piggol be appointed. Steve Rohner requested appointment. Dave Vanderah requested appoiotment. Tim Piggot requested appointment. Michael O'Meara requested appointment. Ralph Watkins requested appointment. Kim Clayton requested appointment. Brenda Hager requested appointment. Floyd Cook requested appointment. First vote on the appointments: Mayor Brady voted for Lagerstrom, Sutton and Watkins. Council Member Deich voted for Clayton, Sutton and Watkins. Council Mem- ber Heckmann voted for Piggot, Sutton and Watkins. Council Member Kluesner voted for Clayton, Sutton and Watkins. Council Member Nicholson voted for O'Meara, Sutton and Watkins. Council Member Pratt voted for Clayton, Vanderah and Watkins. Council Member Voetberg voted for Lagerstrom. Vanderah and Watkins. Therefore, Ruby Sutton was reappointed and Ralph Watkins appointed to three year teons on the Human Rights Commission which will expire January I. 1993. Second vote: Mayor Brady voted for Lagerstrom. Council Member Deich voted for Clayton. Council Member Heckmann voted for Piggot. Council Member Kluesner voted for Clayton. Council Member Nicholson voted for O'Meara. Council Member Pratt voted for Vanderah. Council Member Voetberg voted for Vanderah. Tbere being no majority vote, a third vote was taken: Mayor Brady voted for Clayton. Council Member Deich voted for Clayton. Council Member Heckmann voted for Piggot. Council Member Kluesner voted for Clayton. Council Member Nicholson voted forClayton. Council Member Pratt voted for Vanderah. Council Member Voetberg voted forVanderah. Therefore, Kim Clayton appointed to the Human Rights Commission for a three year term which will expire January I, 1993. Regular Session, January 15, 1990 23 RESOLUTION NO. 22.90 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. that the following having ~ed with the provisions of law relating to the sale of Cigarettea within the City of Dubuque, Iowa. be granted a permit to sell Cigarettes and Cigarette Papers within &aid City: SandraZirkelhaclt, A & B Tap 2600 Central Passed, approved and adopted this 15th dayofJanuary,I99O. Attest: Mary A. Davis City Clerk James E. Brady Mayor Atteat: Mary A. Davis City Clerk Council Member Deich moved adoptioo of the Resolution. Seoanded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetbe'll. Nays-None. RESOLUTION NO. 24.90 Whereas, applications for Liquor Licenses have been sulxnitted to this Coun- cil for approval and the same have been examined and approved; and Whereas, The premises to be occupied by such applican.. were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED BY THECITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. thatthe Manager be authodzed to cause to be issued to the following named applicant(s) a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Robert Spiegelhalrer, Club House 2364 Washington St. Roger H. Kunde, Gomers 1105 University Passed. appmved and adopted this 15th day of March, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoptioo of the Resolution. Seconded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. NaY"-Nooe. MINUTES SUBMITTED - Human Rights Corrunissioo ofl2-1 I & 12-21; PIan- Ding & Zoning Corrunissioo of 11-28,12-6 & 12-20; Library ßoanj of Trustees of 12- 18; Historic Preservation Corrunission of 12-12, presented and read. Council Member Pratt moved that the nhoutes bereceived and filed. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Klueaner, Nicholson, Pratt, Voetberg. Nays-Nooe. Council Member Deich moved adoptioo of the Resolution. Seconded by Council Member Pratt Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. RESOLUTION NO. 23.90 Whereas, Applications for Beer Permi.. have been submiuedand filed to this Council for approval and the same have been ex- anhoed and appmved; and Whereas, The premises to be occupied by such applican.. were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Jowa, that the Manager be authodzed to cause to be issued the follow- ing named applican.. a Beer Pennit. CLASS "ß" BEER PERMIT Golinvaux, Pizza Hut 2075 J.F.K. (Sunday sales) CLASS "C" BEER PERMIT Iowa Oil Company, lOCO Speede Shoppe, 3200 Central (Sunday sales) Iowa Oil Company, lOCO Speede Shoppe, 1481 Dndge St. (Sunday sales) Passed. approved and adopted this 15th dayofJanuary, 1990. James E. Brady Mayor 24 Regular Session, January 15, 1990 NOTICES OF CLAIMS/SUITS - Curt Gothard in estimated amount of $125.50 for vehicle damages; John Grotjohn in amount of $205.30 for vehicle damages; lali.. and Viola Heinricy in amount of $64.96 for hacked up sewer damages; Howard F. and Joan C. Higley, in unknown amount for hacked up sewer damages; Key City Win- dow Cleaning Co. in estimated amount of $1328.58 for vehicle damages; Craig Wersinger in amount of $30.38 for vehicle damages, presented and read. Council Member Pratt moved that the claims and suits be referred to the Legal Staff for inves- tigation and report. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson. Pratt, Voetberg. Nays-Nooe. Communication of Iowa Departtnent of Econoruic Development advising of satis- factory compliance in the Fiscal Year ending 6-30-88 program, presented and read. Council Member Pratt moved that the com- muuication be received and filed. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Dubuque, Delaware Substance Abuse Services Center submit- ting their second-quarter FY'9O Report on Services to AdolescentslHigh-Risk Youth, presented and read. Council Member Pratt moved that the cormnuuicatioo be received and filed. Seoooded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Cooncil Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Proof of Publication on Nodce of Intent to file arequest for release offunds for seven Community Development projects and Proof of Publicatioo ou List of Claims paid for month of November, 1989, presented and read. Council Member Voetherg moved that the proof ofpublicatioo bereceived and filed. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. REFUNDS REQUESTED-A & B Tap in amount ofSSO.OO for unexpIred Cigarette License, presented and read. Council Mem- ber Pratt moved that the refund be approved and Finance Director to issue the proper check. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. Corumunication of City Manager sub- mitting Fiscal Year 1989 Audit Reports for Water Utility, Muuicipal Sewage Disposal Works, Parking Facilities, Solid Waste Agency and the Comprehensive Annual Financial Report, presented and read. Council Member Pratt moved that the corn- muuication be received and filed. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Cormnunication of City Manager re- questing authorization to submit five delin- quent sewer accounts to the Dubuque County Treasurer to establish real property liens for collection of such past due accounts, presented and read. Council Member Pratt moved that the cormnunica- tion be received and filed. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. RESOLUTION NO- 25-90 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT SEWER ACCOUNTS IN ACCORD- ANCE WITH SECTIONS 44-83 AND 44-86 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE,IOWA. Whereas, Section 44-83 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rates or rentals upon all lots, parcelsorreal estate and buildings that are connected directly or in- directly with the sanitary sewer system; and Whereas, Sectioo 44-86 of the Code of Ordinances provides that the City shall have a lien upon the real property served by the sanitary system for all delinquent rates and charges; and Whereas, delinquent sewer charges shall be certified, as of December 31st of each year, by the City Clerk to the Duhoque County Treasurer for collection with, and in the same manner as, general property taxes; NOW, THEREFORE, BE IT RESOLVED BY TIIECITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Regular Session, January 15,1990 25 Section 1. That the persons named hereinafter, owning the following described property, have unpaid sewer charges in the amount set oo~ and that said charges are dalinquent ~ "'.,....,o..mDtJoa A8wI Mooyc.n<It Lot l-t-t-2-I-t-I-t-I-t.1 $420.09 1460""""" MiD. Lot 4" '6-1-2-I.lS) ¡."yMkb""" Lot2-1-2Mm4'" $25.36 I169M"""". TmOnoybill Lot 3 DfF..., ElnUa. $943.42 16"W.32OOSL PI~ T"",- Lot2-IMo_F~ $4257 t9S1 W. 3200"'- s....Smi.. LotI-2-I-I-I-tB~1 S72.40 1800"""""" N"""""'Iod~.- Section 2- That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named herein are dalinquent io the payment of sewer charges in the amounlS set aside of the name, and that said delinquent sewer charges shall be col- lected in the same manner as general proper- ty taxes against the respective pareels of property set opposite the oame of the property owner. Section 3. That the delioquent seWer charges be and the same shall be collected with, and in the same manner as, general property taxes as provided by law. Passed, appmved and adopted this 15th day ofJanuary, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. Cormnunication of City Manager re- questing anthorization to submit seventeen delinquent garbage and refuse collection 8CCOunlS to the Dubuque County Treasurer to establish real property liens for collectioo of such past due accounlS, presented and read. Council Member Pratt moved that the communication be received and fIled. Seconded by Council Member Voetberg. Canied by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetherg. Nays-None. RESOLUTION NO- 26-90 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELIN- QUENT GARBAGE AND REFUSE COLLECTION ACCOUNTS IN ACCORDANCE WITH SECTION 22-36 AND 22-37(d) OF THE CODE OF ORDINANCES OF THE CITY OFDUBUQUE,IOWA Whereas, City garbage and refuse collec- tioo from residential premises, as defined in the Cnde of Ordinances of the City of Dubuque, Iowa, is mandatory; and Whereas, as of December 31st of each year, delinquent garbage and refuse collec- tion charges shali be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as, general property taxes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons named herein under, owning the property thereby set forth, are delinquent in the payment of refuse collection charges in the amount set aside of the name. ~ P",....,o..-,ID"'. A8wI LonyH"", Lot2-2-3LotI-2Dfl-t-3 $57.37 3""On.;d.SL DfN 112ofSE Il4ofNW II4S~ 121'S9N-R2"" EhnttBliDl, ""S~= SL Lot II om,1 N,Dub. Add SSO,96 Eod Lot t2N.Dub Add, M.......M",U~ Lot2-t.1S1I2NIEII4 $"'.25 8SSS~=SL N,wII4S=12.PS9N- R2E G..,.BttDhonl Lot4-Wm"BttS"~ !too Roo_,I<SL $162.51 """', cw.~ Lot l-t-2-1-2-1-2-1.1-2-1 $159,63 3"OIymp~Hg' S/B-s,wS=!t, 1'S9N R2E AN"""""'" 1553 .....= Lot t-t-I" Sb_RES"~ 8159,63 AwIM- Lotlofl2SA 1950 """'dol. "" Sb..... EdIU"" $24.76 M.vy eo... 1460 Mllltt "" Lot l-t-I-2-t-t-t-I-t.I-1 $145.56 MiDonILot4.. C6-1-3-t-tB) Lony MiDbùk Lot2-1-2M"4'" S9." 1"9MIll~"" Ray"",,, Lot I, VDUI~ $203,04 1223Mllltt"" MikoM,DonnD. LotI-I-2-I-t.2-t-4Min. $93.41 t695 Old Mill "" Lot SOl; 2-I-t-I-I-2-I-I" Min.ù><SOt;2-1-2-1-2-1 4 MiD Lot SOt: 2 Popt,PI 26 Regular Session, January 15, 1990 ~_,_'I"'" A8UII $237.'" Tm_bIn Lot 'off..",."."" 163SW. '2ndSL' PI- T"",- Lot2-IMo"",-- ,""W.-'L $29." ,7'51 S..,....i.. Lot t-2-t-'-1-1-Blk I t800"""""" N""""","""'LPk. .~",N""'" LotI ott 01 tho Sob. ot $13'.04 2muo"""'" Lot2 MIo.Lot2S7 Avo Lot2otMIo,Lot238 N<holooM""'" Lot2-1-1-1-2-3-Mio. m'.04 S/Sc.d-C>oo, Lot219,Lot2-2-I-2-I-I-2 Rood Mio. Lot22) (6-12-2-66) 'm Ou_m '!4S2C>oo=t "da' Lot2-1-1-I-l-I-10l Mio. Lot2S2 s..,:!o 'D..""..m","m~.(I)_"""'" Sectloo 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment of refuse 001- lection charges in the amount set aside of the respective names, and that said amounts shall be oollected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 15th day of January, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of Planning & Zoning Commissioo stating the previously proposed Waterfront Districts would be more suitable in this area and requesting Council to review the proposed Waterlront Districts I, 11 and \11, presented and read. Council Member Pratt moved that the oommunication be received and filed. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Cooununication of Corporation Counsel recommending closure of medical expenses claim of Maggie Spautz, presented and read. Council Member Pratt moved that the communication he received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Communication of the Historic Preserva- tioo Commission requesting that the Council seta policy on the salvage, storage and reuse of historic street pavers, presented and read. Council Member Pratt moved that the communication be referred to the Historic Preservation Commission Worksession. Seconded by Council Member Voetberg. Canied by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. Petition of Thomas and Suzanne Dillon containing 14 signatures, requesting the removal of parking on one side, preferably the eastside, of Shelby Street, presented and read. Council Member Pratt moved that the matter be referred to the City Manager and Staff for investigation and report. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, lIeckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager re- questing approval of a Landlord's Subor- dination Agreement with Arcadian Corporatioo, presented and read. Council Member Pratt moved that the oommunica- tion be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Y cas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION 27.90 RESOLUTION AUTHORIZING LANDLORD'S SUBORDINATION AGREEMENT WITH ARCADIAN CORPORATION. Whereas, Arcadian Corporation has notified us that they are coosummating a refinancing progI1Ull of its hank debt with a new group of lending banks; and Whereas, Arcadian Corporation further informs us that as part of this refinancing they have been requested to provide Landlord's Subordination Agreements; and Whereas, Arcadian Corporatioo has a Lease Agreement with the City of Dubuque Regular Session, January 15,1990 27 dated November 20, 1962 and expiring in year 2012; and Whereas, annoall y Arcadian Corporatioo pays theCityo!Dubuque SI,313.00per year and all payments have been promptly paid by the Arcadian COI]JOC8tion; and Whereas, the Landlord', Suhordinatioo Agreement addresses rights of lenders to personal property of Arcadian Corporatioo 00 the City of Dubuque property butthe City of Dubuque does not relinquish any of its rights to the ownership of the land. NOW, THEREFORE, BE IT RESOLVED BYTHECITY COUNCn. OF TIlE CITY OF DUBUQUE, IOWA: Seclloo 1- That the attached Landlord's Subordination Agreemen~ and made a pari hereof, be appmved. Sectioo 2. That the Mayor be anthorized and directed to execute this Agreement and a certified copy be forwarded to the Arcadian Corporatioo. Passed, appmved and adopted this 15th day ofJanuary, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. Printed Council proceedings for the moothofSeptember,1989presentedforap- proval. Council Member Pratt moved that the minutes be approved as printed. Seconded by Council Member Voetberg. Canied by the following vote: Ycas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetherg. Nays-None. There being no further business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member Deich. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmano, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. Mooting adjoumedat 12:36 A.M. January 16, 1990. Mary A. Davis City Clerk Approved ,1990 ...~ ~;/;:;'-/ / . , ., - / ,/;// ./.. Ä" /';- /4/" ' /f:¡/:Col.--'Wlt-Ll-.l.t Vt./ J --'"":::: ./ --:¿;?, / - tòuncil Members--- Attest: 7( ,// ¿ {tl 1-</ 1.-( ,:--e,,-, þ ,Ii City Clerk special Session, January 22, 1990 ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY AD- JOINING AND INCLUDING A PORTION OF THE ICE HARBOR FROM HI HEAVY INDUSTRIAL DISTRICT TO CR COMMERCIAL RECREATION DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 28 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, lanuary 22, 1990. Council met at 7:00 p.m., Public Library Aoditoriurn. Present: Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corporatioo Counsel Bony A. Lindahl. Mayor Brady read the call and stated this is a Special Session of the City Council called for the purpose to consider an Ordinance reclassifying portion of the Ice Harbor from Heavy Industrial District to Commercial Recreation District and acting upon such other business which may proper- ly come before the Council. Council Member Voetberg moved to remove from the table an Ordinance amend- ing Cnde of Ordinances by revising the Zoning Ordinance to reclassify property ad- joining and including a portion of the Ice Harbor form III Heavy Industrial District to CR Commercial Recreational District (tabled from meeting of January 15, 1990). Secooded by Council Member Heckmann. Canied by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-None. An Ordinance amending Code of Ordinances by revising the Zoning Ordinance to reclassify property adjoining and including a portion of the Ice Harbor from HI Heavy Industrial District to CR Commercial Recreational District, said Ordinance tabled from meeting of lanuary 15,1990, presented for final action. ORDINANCE NO- 5-90 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVID- ING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, lOW A, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING Sectloo I. That Code of Ordinances of the City of Dubuque, Iowa, be amended by revisiog Appendix A thereof, also know as the "Zoning Ordinance of the City of Dubuque, Iowa" to reclassify hereinafter described property from III Heavy IndostriaI District to CR Commercial Recreation District, to wit: Beginning at the Northeast comer of City Lot 747, thence northeasterly along S.P.L. of East Foorth Street to the northwest comer of Lot 4 of Adams Co's 1st Addition; thence southeasterly along S.P.L. of said lot a distance along a curve of 410.07 ft. arc and radius of 622.37 feet Chord bearing N 33' 22'27- W, Chord dis- tance 402.69 fl; thence N 31' 55'48" E a distance of 8.61 fl to a point on S.P.I.. of Lot 4 of Adams Co's 1st Additioo; thence N 58' 15'00" W a distance of 71 4.49 fl which is along S.P.L. of Lot I & 4 of Adams Com- pany 1st Addition and is the S.E. corner of said Lot & W.P.L. of Bell Street; thence N 58' 15'00" Walong S.P.I.. of Block K of Booths Additioo a distance of 394 ft. to S.E. comer of said addition and vacated Tower Street; thenceN 58'13'00" W across vacated Tower Street a distance of30 fl- which is N.W. oomer of Lot 6 of Block M of Booths Additioo; thence N 58' 13'00" W along N.P.I.. of said addition a distance ofI 13 fl to north- east comer of Lot 6 of Block M of Booth's Addition; thence N 58' 13'00" W a distance of 550' along said property line extended to the northeast comer of said zoned area; thence S 31' 47' W a distance of 650 ft. to the southeast corner of said zoned area; thence westerly to the southeast comer of City Lot 528 and City Lot S28A; thence nortb easterly to the northeast corner of City Lot7 47 which is point of beginning, all in the City of Dubuque, Iowa. Special Session, January 22, 1990 29 The following poperties are inclnded in this descriptioo: Lot 1 through Lot 7 of Block C Booth's Additioo; Lot22 through Lot 37 of Block C Boodl's Additioo;Lot 22 througb Lot 42 of Block F Booth's Additioo; Lot 16 through Lot 30 of Block K Booth's Addition; Lot I through Lot 6 of Block M Booth's Additioo; Lot 20 through Lot 21 of Block L Booth's Additioo; Vacated 4th Street; the south 143 ft. ofvacated Tower Street; Thlrd Street; Lot A. B, C of vacated Thlrd Street; the south 307 fl of Bell Street; vacated inner levee; North portion of Ice Harbor; Lot I & Lot 2 of Block D & E of Booth's Addition & vacated Market Street; C.C. W.R:R. & So<> Line Rail- roads right-of-way from S.P.I.. of 4th Street and east of and abutting City Lot746,74S,S28Aand3rdStreetand west of Ice Harbor to the S.E. corner of City Lot 428A; and excluding the following properties: Lots I through 19 of Block L of Booth's Addition; Lot 4 of Blocks D &EofBooth'sAdditionand vacated Market Street; W. Bal. - Lot 3 of Blocks D & E of Booth's Additioo and vacated Market Street; W. Bal. - E 168 fl of Lot 3 of Blocks D & E of Booth's Addition and vacated Market Street; E67.59 fl of the E. 168 flof Lot 3 of Block D & E of Booth's Additioo and vacated Market Street Sectloo 2. That the foregoing amend- ment will bereviewed on January 3, 1990 by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed. approved and adopted this 22nd dayoflanuary, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 26th day of January, 1990. Mary A. Davis City Clerk It I f26 Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. Discussion of aeating Planning Corn- mission separate from current Planning and Zoning Conunission (tabled from meeting ofNovernber20, 1989). An Ordinance amending Code of Ordinances by repealing Chapter 36, "Plan- ning", Section 36-1 through Section 36-31 relating to tbe Planning and Zoning Commissioo and die Development Planner, and by adopting in lieu thereof a new Chap- ter 36, "Planning: Zoning", Sectioo 36-1 through Sectioo 36-15, providing for aCorn- prebensive Plan, creating a Long-Range Planning Conunission and providing for the membership, and the powers and duties thereof, and aeating a Zouing Commissioo and providing eo. the membership, and the powers and duties thereof, presented and read. Council Member Pratt moved that this be oonsidered the first reading of the Or- dinance, as amended. Seoonded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Kluesoer, Nicholson, Pratt, Voetberg. Nays-Council Member Heckmanfl It was approved that the Council res- cbedule its February 6th public hearing on signs in the U.S. 61/151 freeway conidor to March 19,1990. There being no further business, Council Member Pratt moved to adjourn the meeting. Seconded by Council Member Voetberg. Carried by the following vote: Yeas- Mayor Brady, Council Members Deicb, Kluesner, Heckmann, Nicbolson, Pratt, Voetberg. Nays-None. Meeting adjourned 819:36 p.rn. Mary A. Davis City Clerk Approved Council Member Heckmann moved final adoptioo of die Ordinance. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, ~--- Special Session, January 22,1990 Special Session, January 29, 1990 30 31 ISSUANCE OF PERMITS FOR BILLBOARDS IN THE CITY OF DUBUQUE. DUBUQUE CITY COUNCIL Whereas, the City Council in response to a citizens' petitioo did request the Planning andZoning Commissioo to study theregula- tioos relating to billboards and to make its recommendation to the City Council for Zoning Ordinance amendments; and Whereas, the Planning and Zoning Corn- mission did form a Freeway Planning Com- ßÙttee to study the Freeway 61/1 51 Corridor for redevelopment opportunities, appropriate reuse of vacant and under util- ized land and the prormtioo of oompatible land uses along and adjacent to the corridor; and OFFICIAL PROCEEDINGS 7{ Special Sessioo, January 29,1990. Council met at 7:00 p.m., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corporatioo Counsel Bony A. LindaJù. Attest: ~ / -"",1.2<: it ,Ô tf- {L-' ..v , City Clerk Whereas, the Commission has oompleted a study of sign regulations and recommends a moratorium on billboard sign permit issuance within the Freeway Corridor; and Mayor Brady read the cali and stated this is a Special Session of the City Council called for the purpose to consider an Ordinance providing for a moratorium on the issuance of pennits for billboards and acting upon such other business which may properly come before the Council. Whereas, the Planning and Zoning Com- mission has made a recommendation reg ard- ing land use within the corridor to the City Council; and Whereas, the Planning and Zoning Com- mission will be maldng a recommendation after their February 7, 1990 meeting; and Communication of City Manager re- questing approval of an Ordinance extend- ing the rnonotorium on issuance of pennits fn< billboards in the Freeway Corridor for an additiooal 60 days and suggesting to res- chedule the February 6th public hearing 00 signs in the Freeway Corridor to March 19, 1990, presented and read. Whereas, the City Council deemsitin the best interest of the City to allow the City Council additional time to study the issues of Freeway Conddorplanuing. NOW, THEREFORE, BE IT RESOLVED BYTHECITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Council Member Pratt moved that the communication be received and filed. Seconded by Council Merober Voetberg. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetherg. Nays-Nooe. SectJool- That Section 3-64, Division 3, Article 3, Chapter 3 of the Code of Ordi- nances of the City of Dubuque, Iowa, be amended by adding thereto the following new paragraph: "No permit for an off-preßÙse sign, as defined in Subsection 4-3 of the Zoning Ordinance, within the Freeway Conddor area as shown 00 the attached map. shall be issued by the building official from the date of the publication of this ordinance for a period of thirty (30) days thereafter. The rnonotorium provided for herein shall not be oonstrued to deprive any person, firm, or corporation of a vested right which such person, firm. or corporation may have acquired as a matter oflaw for the coostructioo of an off-premise sign as of the effective date of the adoption of this ordinance. An Ordinance amending Code of Ordinances by providing for a Moratorium on the issuance of pennits for billboards in the City of Dubuque, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 6-90 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMEND- ING SECTION 3-64, DIVISION 3, ARTICLE 3, CHAPTER 3, OF THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BY PROVIDING FOR A MORATORIUM ON THE ."", 32 special session, January 29, 1990 Any penon, firm, or corporation aggrieved by or adversely affected by the building official's refusal to issue a permit for the oonstrUction of an off-premise sign pursuant to tbis moratorium shall appes1 therefrom to tbe City Council of the City of Dubuque." Passed. approved and adopted this 29th dayoflanuary,199O. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telesraph Herald newspaper this 5th day of February, 1990. Mary A. Davis City Clerk It 215 Council Member Pratt moved that this be considered the first reading of the Ordinance, that the requirement that a proposed Ordinance be considered and voted 00 for passage at two council meetings priorto the meeting at which itis to be finally adopted be suspended and further moved final adoptioo of the Ordinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager sub- mitting materials regardiog the off-premise sign portion of the Zoning Ordinance, presented and read. Council Member Heckmann moved that the communication be received and filed. Seconded by Council Member Pratt Carried by the following vote: Y cas-Mayor Brady, Council Members Deich, Heckmann, Kloesner, Nicholson, Pratt, Voetberg. Nays-None. An OrdinanceAmending the Scheduleof Sign Regulations, Section 4-3.11 of Appen- <lis A of the City of Dubuque Code of Ordinances (Zoning Ordinance of the City o!Dubuque,IA) by repealing that portion of said schedule ofSignRegulatioos relating 10 Off-Premise Signs, and by adopting in lieu thereof a new Schedule of Sign Regulations for Off-Premise Signs, presented and read. Council Member Heckmann moved that this be considered the first reading of the Ordinance, as amended. Seconded by Council Member Pratt. Carried by the fol- lowing vote: You-Mayor Brady, Council - ~ Members Heckmann, Kluesner, Voetberg. Nays-Council Members Deich, Nicholson, Pratt Communication of Planning and Zoning Commissioo submitting Freeway Corridor Plan and requesting Cooncil study the plan, set the matter for public hearing, to adopt a Freeway Corridor Plan to guide thedevelop- ment and redevelopment anticipated along and adjacent to the newly built roadway, presented and read. Council Member Pratt moved that this matter be set for Hearing at the Council Meeting of February 19,1990at 7:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Carried by the following vote: you-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson. Pratt. Voetberg. Nays-None. There being no further business, Council Member Pratt moved to adjourn the meeting. Seconded by Council Member Voetberg. Carried by the following vote: Yeas- Mayor Brady, Cooncil Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. Meeting adjourned at 10:25 P.M. Mary A. Davis City Clerk Approved :'/, (,,!: (~¡( ¿ ,1990 1. ,/ , ~:f2l!¿ Regular Session, February 5, 1990 33 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Seasioo, February 5,1990- Council met at 7:30p.m., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Bony A. LindaJù. Mayor Brady read the cali and stated this is the Regular Monthly Meeting of the City Council calied for the purpose to act upoo such boainess which may properly come before the Council. Invocation was by Rev. Sheldon Stotmeister, Pastor of Calvary Baptist Church. Proof of Publication, certified to by the Publisber, 00 Notice of Public Hearing to dispose of City's interest in property at 437 Loras Blvd., and Communication of City Manager recommending to appmve sale of said property, presented and read. There were no written objections received and no oral objectors present Council Member Voetberg moved to suspend the nùes to allow anyone present to address the Council. Seconded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Bob Felderman of Felderman Business Associates requested favorable approval subject to approval of the Zoning Board of Adjusbnent Council Member Voetberg moved that the proof of publication and oonummicatioo be received and filed. Secooded by Council Member Pratt Carried by the following' vote: Yeas-Mayor Brady, Council Mem- bers Deich. Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 18-90 A RESOLUTION APPROVING THE SALE OF THE FOlLOWING LEGALLY DESCRIBED PRO- PERTY: WT TWO (2) OF WT FOUR (4) OF OUT LOT 6157, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, lOW A. AC- CORDING TO THE RECORDED PLAT OF SAID SUBDIVISION, AND COMMONLY KNOWN AS 437 LORAS BOULEVARD, DUBUQUE, IOWA. Whereas, pursuant 10 duly published public notice the City Cooncil of Dubuque, Iowa, met on theSthdayofFehruary,I99O, at 7:30 p.m. in the Carnegie-Stout Public Library auditorium, II th and Bluff Streets, Dubuque, Iowa, to consider the proposal of disposing of City-owned real estate located at 437 Loras Boulevard which property is legally described as follows: Lot Two (2) of Lot Four (4) of Out Lot 6I57,in theCityofDubuque, DubuqueCoun- ty, Iowa, according to the reeorded plat of said subdivision. Whereas, such property is to be sold to Felderman Buainess Associates for the coo- sideratioo of$I.OO and rehabilitatioo of such property in accooIance with City standards; and Whereas, the City Council of the City of Dubuque, Iowa, has overruled any and ali objections, oral or written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the herein and above- named real estate to the ahove-named grantee. NOW, THEREFORE, BE IT RESOLVED BYTHECITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sod.... 1. That the diaposa1 of the inter- est of the City of Dubuque in the herein ahove-clescribed property 10 Felderman Buainess Associates is hereby approved. Sec:tJ... 2, That the Mayor be and he is hereby authorized and directed to execute a Quit Claim Deed, and that the City CIeri: be and she is hereby directed and authorized to deliver Deed of Conveyance, conveying the above.<lesaibed real estate to the above- named grantee upon receipt of the purchase price in full. Passed. approved and adopted this 5th dayofFebruary,I99O- James E. Brady Mayor