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1991 May Council Proceedings159 Special Session, April 24, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, April 24, 1991. Council met at approx. 11:35 ~m.. in City Hall Office located on 2nd Floor, by electroni~ means. Present: (On Speaker Phone) Mayor Brady, Council Member FAuesner. (In Person) Council Members Deich, Nicholson, Corporation Counsel Barry A. Lindahl. Absent: Council Members Krieg, Pratt, Voetberg. Mayor Brady read the call and stated this is a Special Session of the City Council called for the purpose to consider a resolution gmnring issuance of a Class "B" Beer Permit to S & D Concessions, Inc. RESOLUTION NO. 135-91 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been exam- ined and approved; and Whereas, the premises to be such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bends. NOW THEREFORE BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT S & D Concessions, Inc., (Also Sunday Sales), 1 Admiral Sheehey Dr. Passed, approved and adopted this 24th day of April, 1991. Sam~s E. Brady Mayor At.st: Maxy A. Davis City Clerk Council Member Nicholson moved adoption of the Resolution. Seconded by Council Member Dcich. Carded by the following vote: Yeas---Mayor Brady, Council Members Dcich, Kluesner, Nicholson. Voetberg. Nays--None. Absent---Council Members Krieg, Pratt, Voetbevg. Thee being no further business, Council Member Nicholson moved to adjourn. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Nicholson. Voetberg. Nays--None. Ab~ent--.Counell Members Ktieg, Pratt, Voetberg. Meeting adjourned at 11:45 a.m.. Mary A. Davis City Clerk Approved ~ Mayor Council Members Attest: Regular Session, May 6, 1991 160 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, May 6, 1991. Council mat at 7:30 o'clock p.m., Public Librety Auditorium. Present: Mayor Brady, Council Members Dutch, Kluesner, Kring, Nicholson, Pratt, Vunthe~g, City Manager W. Kenneth Gearhart, Corporation Counsel Ban'y A. Lindahl. Mayor Brady read the call and stated this ia the Rngula~ Monthly Meeting of the City Council calied for thc purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Victor Wickert, Aasuniate Pastor of Hope Evangelical Free Church. PROCLAMATIONS~MOnth of May as "Mental Health Month" received by Pat Flyun; May 5-11 as "Bo Kind to Animals Week" received by Karen Kutsch; May 6 as "Nurses Care f~g Amarica" received by Rosio Cart;, May 12-18 as "National Hospital Week** received by David Schaller dom Finley Hospital and Jean Duone f~m Mercy Medical Center, May 12-18 as "Honaee for tho Aging Week" n~ceived by George Freund from Stonehill Care Center, Wm. Jamison from Bethany Homo and Joan Herrig groin Luther Manor;, May 12q8 as "Preservation Week" received by Ba-n0y Bishop; May 19 as "DubuqueFest/Very Special Arts Week of 1991" reecived by Ruth Nash and Linda Farrell; May 17 as "Sertoma Candy Day" received by Harry Althaus; May 18 as "Seul~ Power Day" received by Jachie Richardson. Kris Karakchieva and Helen Elkina representatives of our Sister City, Pyadgorsk, USSR, expressed greetings to the City Council and City, Mayor Brady swore in Council Member DL, k Voetberg aa May~ Pro-Tern. Presentation of "Certificates of Appre- ciation'' ~o City Employees Bill Laban, Lyle Grant, Vieki Leonard, Bob Gednalski, Keni Lynn, and Jill Slado. Council Member Klucmer moved that the ~ules be suspended to allow anyone p~sent to address the Council. Seconded by Council Member Nicholaon. Canied by the foHowlng vote: Y~Mayor Br~ly, Council Membem Deich, Kluesnur, Fatng, Niobalson, Pratt, Voethurg, Nays---None. Proof of Publication c~fified m by the Publisher on Notice of Public Hearing to consider the UMTA Section 9 and iowa DOT Program of Projects consisting of operating assistance from UMTA and Iowa DOT for Keyline malnteannee items, pre- sentad and read. The~ were no written objections received and no eral objectors present at the tima of the hearing. Council Member Khiesner moved that the proof of publication be received and fi[ed. Seconded by Council Member V~etherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dulch, Kluesuer, Kring, Nicholson, Pratt, Voetberg. Nays--None. Pronf of Publication certified to by thc Publisher on No~ice of Public Henulng to consider disposing of City's interest in Lots 90, 91 and 92 in Lenox Addition in tho city, presented and read. There were no written objections received and no aral objectors prescot at the tima of the hearing. Council Member Kluesner moved that thc proof of publication be ~:eeived and fi[ed. Seconded by Council Member Pratt. Canied by the following vote: Yeas---Mayor Brady, Council Members Deich, Klansnar, Kring, Nichoison, Pratt, Voetberg. Nays--None. RF~OLUTION NO. 136-91 Wbere~, pursuant to resolution and published nolica of fimo and place of heating, published in the ~ a newspapor of general circulation, published in tho city of Dubuque, Iowa, on the 26th day of April, 1991, thc City Council of the City of Dubuque, Iowa, mat on the 6th day of May, 1991, at 7:30 p.m. in the Public Library Audio-lure, llth and Locust, Dubuque, Dubuque County, Iowa, to consider the prop~al for the sale of ~ cstato described as: Lots 90, 91 and 92 in Lenox Addition in the city of Dubuque, Iowa, to Susan M. Balsamo and Daniel C, Nichols; and 161 Regular Session, May 6, 1991 Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objac- tiona, orui or written, to the propozui to ,dispose of interest of the City of Dubuque, Iowa, in the hereinabove descfil~.~i reni estate to Susan M. Buisamo and Daniel C. Nichols, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of the City of Dubuque, Dubuque County, Iowa, in mui property descrlhed as Lot$ 90, 91 and 92 in Lenox Addition in the city of Dubuque, Iowa, to Susan M. Baisarno and Daniel C, Nichols, be and the same is hereby approved for the sum of $2,000.00 plus publication and tiling fees; conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby autho- rized and directed to deliver said deed of conveyance to the above named grantees upon receipt of the purchase price in full. Section 3. That thc City Clerk be and is hereby authorized and directed to record a no,dried copy of this Resolution in the offiue of the City Assessor, Dubuque County Recorder and the Dubuque County Treazurer. Passed, approved and adopted this 6th day of May, 1991. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Memher PratL Canied by the following vote: Yeas--Mayor Brady, Council Memhers Dcich, Khiesner, Krieg, Nicholsoa, Pratt, Voetberg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider rezoning property at southwest corner of the imersecfion of Kennedy Road and Kaufmaon Avenue from OR to OS District, presented and read. There were no written objections received and no oral objectors present at the time of the hearing. Steve Doge, owner of the property, requested favorable approval of the zoning. Council Member Voetberg moved that the proof of publication be received and filed, Seconded by Council Member Pratt. Carried by the following vote: Yeas---Mayor Brady, Council M~mhers Dcich, Khiesner, Kring, Nicholson, Pratt, Voetherg. Nays--None. An Ordinance amending Code of Ordi- nances by reclassifying property located at the southwest corner of thc intersection of Kennedy Road and Kaufmann Avenue from OR Office Residential Dis~ct to OS Office Service District with conditions, said Ordinance having been presented and read at the Council meeting of April 15, 1991, presented fa final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 32-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF KENNEDY ROAD AND KAUFMANN AVENUE FROM OR OFFICE RESIDENTIAL DISTRICT TO OS OFFICE SERVICE DISTRICT WITH CONDITIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Cede of Ordinances of thc City Of Dubuque, Iowa, he amended by revising Appendix A thereof, also known a~ the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from OR Office Residential District to OS Office S~rvice District, with conditions, to wit: Lot 1-5. Lot 2-5, Lot 1~, Lot 2~, Lot 1-7 and Lot 2-7 of Block 3 of Johansce's Subdivision #1 to the City of Dubuque, Iowa, and extending to tho comer line of abutting public right- of-way. Section 2. That the property owner shall provide a six-foot high screen of live matellal over and above all other applicable standards of thc Zoning Ordinance. Section 3. That thc foregoing amendment has h~retofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Regular Session, May 6, 1991 162 Se~lon 3. The above mentioned Ordinan~ shah t~ke effect upon publ/cetion and the Ordinance shall not be pubBshed until $uiy 2, 1991. Passed, ,vp,,,ved, and adopted, this 6th day of May, 1991. James E, Brady Mayor Attest: Mary A. Davis City Clork Published officially in the Telegraph Herald this 2nd day of July, 1991. Mary A. Davis City Clerk It 7/2 Council Member Vootherg moved final adoption of the Ordinance. Seconded by Council Member Pratt. Canied by the following vote: Yeas--Mayor Brady, Council Memben Deich, Klueaner, Kring, Nieholson, Prat~ Vuetbe~g. Nays--None. Proof of Poblication certified to by the Publisher on Notice of Public Hearing to conalder an~ndmont to Ord/nance which established Warren Plaza us a PUD in C-6 Planned Commerciui Dis~ni, presented and res& There were no written objections received. Deb Schlel-Larsen, Landscape Architect, spoke, ~uesting to rcmovc curbed island. Council Member Kluesncr moved that the proof of publication ha received and filed. Seconded by Council Member Print. Carried by the following vole: Yeas.~Cooncfl Members Kluesner, Krieg, Nicholson, Pratt, Vcetherg. Nays--Mayor Brady, Council Member Dutch. An Ordinance providing for the amendment of Ordinance No. 5-?9 which Ordinance established Warren Plaza as a Planned Unit Devcioprnont (PUD) in a Planned Commercial Disuict, said Ordinance having been presented and ~ at the Council meeting of April 15, 1991, presented for final action. Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Prate Canied by the following vote: Yeas--Councli Members Kluesner, l~hieg, Nicholson, Pratt, Vootberg. Nays--Mayor Brady, Council Member Ddich. Council Member Nichoison moved to reconsider the action taken. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Nicholson, Voetberg. Nays--Council Members Kluesner, Kring, Pratt. Council Member Ninholsen moved to robin tho Ordinance. Seconded by Council Member Vcetborg. Carried by the following veto: Yeas---Mayor Brady, Council Memhers Duich, Nicholsen, Vcetherg. Nays---Council Mcmhe~ Kluesner, Kfing, Pratt. Proof of Publication certified to by the Publisher on Notice of Public Hesring to consider an Ordinance providing for a Text Amendment to Zoning Ordinance regarding certified mailing reqni~ments of various notices, po~sented and read. There were no written objections received and no omi objectors present at the time of the hearing. Council Member Kluesner moved that the proof of publication bo tecuived and filed. Seconded by Council Member Pratt. Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klacsner, Krieg, Nichoison, Pratt, Voetherg. Nays--None. An Ordinance revising Appendix A of the City Code of Ordinances, known us the Zoning Ordinance, by repealing reqnimmants for "Certifiad Mailing" of notices for zoning reclseslfications in Section 6-2.1 for vmi- ances in Section 5-3.5(B), and Conditional Uses in Snction 5-3.4(B); and by repealing the "Set for Hearing" requirement for zoning reclussificetions in Section 6-1.2 and Text Ameudrr~nls in Section 6-3, said Ordinance having been presented and read a~ the Council meeting of April 15, 1991, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 33-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY RE- VISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUEUQUE, IOWA, BY RF~EALING REQUIREMENTS FOR CERTIFIED MAILING OF NOTICES FOR ZONING RECLASSIFICATIONS IN SECTION 6-2.1 FOR VARIANCES IN SECTION 5-3.5(B), AND CON- DITIONAL USES IN SECTION 5-3.4(B); AND BY REPEALING THE SET FOR HEARING REQUIRE- MENT FOR ZONING RECLASSIFI- CATIONS IN SECTION 6-1.2 AND TEXT AMENDMENTS IN SECTION 6-3.1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 163 Regular Session, May 6, 1991 Secllon 1. Appendix A of the City of Dubuque Code of Ordinances is hereby amended by xepealing Section 5-3.4(B), and adopting the following new Section 5-3.4(B): "(B) Notice and hearing required. Following receipt of the completed appli- cation form and any additional infommtion ruqdimd by the Board, the matter shall be set for public hearing for the next scheduled meeting, if adequate notification time is available. The Board shall, with due dlii- gance, hold a public hearing to consider the application for a conditional use permit. Notice of the time and place of the public hearing shall be published in thc newspaper of general circulmion at least seven (7) days and not more than twenty (20) days prior to such heating. The Board shall ti~eet and require verification that the applicant, or their agent, has sent notice of the firo~ and place of the hearing by first class mail to all owners of property within two hundred (200) feet of the property at which the conditional usc pennlt is sought." Section 2. Appendix A of the City of Dubuque Code of Ordinances, is hereby amended by repealing and adopting the following new Section 5-3.5(B): '(B) Notice and meeting requirements. Following receipt of a completed application the Board shall, with due diligence, consider such application at a public meeting. The Board shall direct and require verification that the applicant or their agent has sent notice of the time and place of the meeting by first ulass mail to all owners of property within two hundred (200) feet of the property for which the variance is sought. At the public meeting, all interested par/es shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the Board." Section 3. Appendix A of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 6-2.1, and adopting the following new Section 6-2.1: "6-2.1. Notice o.f Commission hearings. Notice of the time and place of all public hearings to b~ held by the Zoning Commission shall be published in a newspaper of general ulrculafion in thc city at le~t seven (7) days and not more than twenty (20) days prior to the date of the heating. A reasonable effort shall be made to notify by mail those property owners whose property is being considered for reclassifi- cation and those adjacent owners of property within two hundred (200) feet therefrom, prior to the first public heating in which the recinasificadon request will be considered. Where the Commission has a public heating on a xeelassificallon request, the Commission shall dime! and require verification that the applicant or their agent has taken responsible stops to give notice of the time, place, and subject of the hearing by first class mall to all property owners within two hundred (200) feet of the property for which reclassi- fication is requested, and to the owner(s) of the property included in such request. Where no Commission he~ing is held, Council shall direct and require verification that the applicant or their agent has taken responsible steps for mailing such notice. Only one (1) mailing shall be required in any event, and nmil notice by the Council shall not be required wbe~ the Commission has held ils own public hearing on the request. In all cases, however, the notice shall be mailed not less than seven (7) days and not more than twenty (20) days, prior to the public hearing announced therein," Section 4. Appendix A of the City of Dubuque Code of Ordinances is hereby amended by repenting Section 6-1.2, and adopting the following new Section 6-1.2: "6-1.2. Application requirements. Any person may request a reclassification of property to another district, regardless of such person's interest in the property, by submitting a completed zoning reclassi- fication application together with the fee as specified in Section 7-2 of this Ordinance, to the Planning Services Division. The Zoning Commission shall consider the request with diligence. On finding the request to be inappropriate, the Commission may forthwith return a recommendation for denial to the City Council. The Commission may not recomn~nd approval of any reclassification request which is found to be substantial in nature, as defined in Section 6-1.3, without Brst conducting a public hearing on such reclassificmion. Where a reclassification request is not deemed substantial in nature, the Commission shall not hold a public heating thereon. The Commission shall hold a public beating on any request when so directed by the City Council." Section $. Appendix A of the City of Dubuque Code of Ordinances is hereby amended by ~opeuling Section 6-3.1, and adopting the following new Section 6-3.1: Regular Session, May 6, 1991 164 "6-3.1. Commission action. Any person may prop~c amendmant~ to the provisions of this Onfinance by delivering a copy of proposod amendment to ~ Planning vices Division. Such proposals shall be considered in regular sersion by the Zoning Commission public beming as providad in Section 6-2. Following the public hearing, the Commission shall act to approve or disapprove the proposed amendment. The affimmtive voto of at least four (4) Commission member's shall be reqdi~l to constituto approvul of die proposal, and any hisser number of aflimudivc votos shall be considered disapproval of thc amondmcnt. The Commlssion's recommendations shell be forthwith Uansmit~d to die Council for tbeir action. A failm'e by the Commission to act within sixty (60) days following receipt of the propoacd amendment shall constitute Commission approval thereof.'* Section 6. This Orthnancc has heretofore been reviewed by thc Zoning Conurdssinn of the City of Dubuque. Iowa~ Section 7. This Ordinance shall take cffc~t immediately upon publication. Passed, approved and adopted this 6th day of May, 1991. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in thc Telegraph Herald this 15th day of May, 1991. Mary A. Davis City Clerk It 5/15 Counull Member Kheaner moved final adoption of die Ordinance. Seconded by Council Member Pratt. Carried by thc following voto: Yeas--Mayor Brady, Council Members Deich, Kin~ner, Ksieg, Nicholson, Pratt, Vcotberg. Nays--None. Proof of Publlcefion certified to by the Publisher on Notice of Public Heating to consider an Ordinance by repealing the prenent Section 8 definitions and adding thcre~ new Section 8 definitions and communication of City Manager submitting Planning Services' staff report nnd back- ground material as researched for this proposed amendment, presented and re~d. There were no written objections ~aceivad and no oral objnetc~ present at the time of the bem'ing. Council Member Khesoer moved that din proof of publication and communication be mceivad and filed. Seconded by Council Member Pratt Caniod by the following vote: Yeas--Mayor Brady, Council Members Deich, Khasner, Krieg, Nichoison, Prat~ Vnetherg. Nays--None. An Ordinance revising Appendix A of the City Code of Ordinances, known as the Zomng Ordntance, by repealing the present Section 8 definitions of "Family*', "Family Home*', "Group Home" and "Housing for the Elderly, Handicapped and Disabled" and adding thereto new Section 8 definitions for "Family", "Group Home" and "Housing for die Elderly and Persons with Disabilities", said Ordinance having been given the Brst reading only at mneting of April 15, 1991, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 34.91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY VISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF TIlE CITY GE DUBUQUE, IOWA BY REPEALING THE PRESENT SECTION 8 DEFINITIONS OF "FAMILY", *'FAMILY HOME", "GROUP HOME" AND "HOUSING FOR THE ELDERLY, HANDICAPPED AND DISABLED" AND ADDING THERE- TO NEW SECTION 8 DEFINITIONS FOR "FAMILY", "GROUP HOME" AND "HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES"; BY REPEALING SECTION 3-1.1(B)(8) AND THE FAMILY HOME LISTING UNDER CHART CF), SECTION 3-1.2(B)(10) AND THE FAMILY HOME LISTING UNDER CHART CF), SECTION 3-L3(B)(10) AND THE FAMILY HOME LISTING UNDER CHART CF), SECTION 3-1.4(B)(11) AND THE FAMILY HOME LISTING UNDER CHART CF), SECTION 3-1.5(B)(10) AND TItE FAMILY HOME LISTING UNDER CHART CF), SECTION 3-1.6(B)(l)(g), AND SECTION 3-ZI(B)(19) AND THE FAMILY HOME LISTING UNDER CHART CF); AND BY REMOVING THE REFERENCE TO "HOUSING FOR THE ELDERLY, HANDICAPPED AND DISABLED" AND INSERTING, IN LIEU 'I~IEREOF, "HOUSING FOR THE ELDERLY AND PER- SONS WITH DISABILITIES" IN 165 Regular Session, May 6, 1991 SECTION 3-1.4(D)(8) AND 0~, SECWION 3-1.5(D)(6) AND (F), SECTION 3-1.60~)(2)(e), SECTION 3-2.1(BX6) AND (F), SECTION 3-3.4(B)(6) AND SECTION 3-3.S(B)O) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1, Appen&x A of the Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by repealing the present Section 8 definitions of "Family", "Family Home", "Group Home" and "Housing for the Elderly, Handicapped and Disabled" and edding thereto now Section 8 definitions for "Family", "Group ltome" and "Housing for the Elderly and Persons with Disalfilities": (a) Family: Any number of persons occupying a single dwelling unit living together as a single housekeeping unit, related by blood, marriage o~ formal adoption, plus not re. re than three (3) additional people not so ~uhitad, except that foster children and persons with disabilities as defined in Chapter 27 of the City Code ahall be considered as family. (b) Group Hom~: Auy group of persons not meeting the definition of family and occupying a single dwelling unit living together as a single housekeeping unit, but not including a boarding or rooming house. (c) Housing for the Elderly andPersons with Disabilities: A multi-family structure designed, maintained and operated for exclusive occupancy by the elderl~ and/or persons with disabilities as defined by the regulations of the United States Department of Housing and Urban Development and providing that one (1) dwelling unit amy be used for a resident manager who shall be exempt from occupancy age limitations. Section 2. Appendix A of the Cede of Ordinances of the City of Dubuque, Iowa, is hereby amended by repealing Section 3-1.1(B)(8) and the Family Home listing under Chart (F), Section 3-1.2(B)(10) and the Family Home listing under Chart (F), Section 3-1.3(B)(10) and the Family Homo listing under Chart (F). Section 3~I.4(B)(II) and tho Family Homo listing under Chart 0u), Section 3-1.5(B)(10) and the Family Homo Listing under Cba~t (F), Section 3-1.6(B)(1)(g), and Section 3-2.1(BX19) and the Family Home listing under Chart (F). Se~lon 3. Appendix A of the Code of Or&nancas of the City of Dubuque, Iowa, is hereby amended by removing the reference to "Housing f~ the Elderly, Handicapped and Disabled" and inserting, in lieu thereof, "Housing fcc the Elderiy and Persons with Di~ahilities' in Section 3-L4(D)(8) and (1~, Section $-1.5(D)(6) and (F), Section 3-1.6(B)(2)(e), Section 3-2,1(B)(6) and (F), Section 3-3.4(B)(6) and Section 3-3.5(B)(3), SecBon 4, This Ordinance shall take effect immediately upon publication. Passed, approved and adopted this 6th day of May, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald this 15th day of May, 1991. Mary A. Davis City Clerk It 5/15 Council Member Klecsunr moved that the reqalremcnt that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Kring, Ninhnlson, Pratt, Voetberg. Nays-Noun. Proof of Publication certified to by the Publisher on Notice of Public Heating to consider an Ordinance repealing those seedons in Zoning Ordinance providing that language regarding "Hazardous Materials Stm'age" be removed from Group Day Care Center Requirements in the LI and HI Districts and communication of City Manager submitting additional information and background materials regarding this text amendment and requesting support of City Council for approval, presented and read. There were no written objections received. Council Member Voetberg moved that the proof of publication and communication be received and filed. Seconded by Council Membe~ Pratt. Carried by the following vote: Yces--Mayor Brady, Council Members Dnich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Regular Session, May 6, 1991 166 Terry sullivan objected to vasious specific~ of the or~ueune, Frank Miller spoke to toxicity and expoSU~ I=ovisi°ns of the Onlinanca. Tony Ciceknlli of the Zoning Bcatd of Adju~m~nt reqec~tad deletion of ~Haz~rduas Material" for all centers, An Ordinance providing that tho Code of Ordinances be amended by revising Appen- dix A thereof, also known as the Zoning Ordinance by lopualing the present Sec.fi. uas 3-4.1(D)(1Xh) and 3-4.2(D)(l)(h) providing that language segarding "Hazardous Materials Storage" be removed f~om Group Day Care Canter requirements in Light Industries (LI) and Heavy Industrie~ (HI) DisUiots, fi~t reading only given at meeting of April 15, 1991, po~sontad for further action. Council Member Vcatbesg moved that this bo considered tho second l~A~ding only of the Ordinance. Seconded by Council Member Pratt. Canted by the following vote: yeas--Mayor Brady, Council Members Kluesnes, Kring, Niohnlson, Pratt, Voetberg. Nays---Council Member Dcich. Council recessed at 10:12 p.m. Council ~convuned at 10:28 p. re. Proof of Publication certified to by tho Publisher on Notice of Public Heating to consider an OrdinanCe vacating a parcel of land acqni~d as right-of-way by the City of Dubuque, presented and read. Them weic no written objections and no o~al objectors present at tho time of the heating. Council Member Pratt moved that tho prcof of publication bo received and filed. Seconded by Council Member Voetberg. Carded by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klucaner, Kricg, Nicholson, Pratt, Vootberg. Nays--Noun. An Ordinance vacating a parcel of land acquired az right-of-way by thc City of Dubuque by Corporate Warranty Dsed, Instrument No. 4611-89 located in Ice Hs~oor area, said Ordinance having been presented and ~ at the Council rnecting of April ]5, 1991, presented for final action. (OFFICIAL pUBLICATION) ORDINANCE NO. 3S-91 AN ORDINANCE VACATING A PARCEL OF LAND ACQUIRED AS RIGHT-OF-WAY BY THE CITY OF DUBUQUE BY CORPORATE WARRANTY DEED, INSTRUMENT NO. 4611-89 Whereas, the City has proposed vacating a pascol of land acquired as right-of-way by the City of Dubuque by Corlxxate Wan'anty Deed, Ins~t No. 4611-89; and Whereas, IIW Amsenlates, P.C., Dubuque, Iowa, has propa~l and submitted to tho City Couunfl · plat showing tho vaca~d pamel and assigned a lot numb~ thereof, which beminafter shall be known and described as Lot D and Lot E, Bleck D of Booth's Addition in the City of Dubuque, Dubuque County, lows; and Whemes, the City Council of the City of Dubuque, Iowa has determined that said plat should be apl~oved. NOW, THEREFORE, BE IT ORDAINED ' THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sea{on 1. That the ~d estete described as Lot D and Lot E, Block D of Booth's Addition in the City of Dubuque, Dubuque County, lows, be and the sam~ is hereby vacated. Passed, approved and adopted this 6th day of May, 1991. James E. Brady Mayor Mar/A. Davis City Clerk Published officially in the Telegraph Heraldtifis 14th day of May, 1991. Mary A. Davis City Clerk It Council Member Pratt moved final adoption of the Ordinance. Seconded by Council Member Voetbarg. Carried by the following vote: ycas~Mayor Brady, Council Merebers Dcich, Kluesner, Kfiag, Nichnlsen, Pratt, Voetbarg. Nays---Noun. Proof of Publication certified to by the Publisher on Notice of Public Heating to consider an Ordinance vacating a part of East Third Sttcct and a part of Musket Sucet in Booth's Addition, presented and read. There wore no written objecti~ms received and no oral objectoes present at the time of the heating. Council Merebea' Vcetberg moved that the proof of publication be received and filed. Seconded by Council Ivicmbar Pratt. Carried by the following vote: yeas--Mayor Brady, Council Members Ddich, Klucsner, Kriag, Nichnlson, Pratt, Voetberg. Nays---None. 167 Regular Session, May 6, 1991 An Ordinance vacafin~ a part of East Third S~t and a F~t of Market Street in Booth's Addition in tho City of Dubuque, Iowa, said Ordiunnce having been presented and road at the Council meeting of April 15, 1991. presemed for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 36-91 AN ORDINANCE VACATING A PART OF EAST THIRD STREET AND A PART OF MARKET STREET IN BOOTH'S ADDITION IN THE CITY OF DUBUQUE, IOWA Wkereus, the City has proposed the vacating of a pa~ion of East Third Street and a portion of Market Street in Booth's Addition in the City of Dubuque, Iowa; and Whereas, IIW Associates, P.C., Dubuque, Iowa, has prepared and submitied to thc City Council a pht showing the vacated portion of Kut Third St~et and a portion of Market Sacet and as~igund a lot number thereof, which kereinnfinr shall bo known and described as Block C of Booth's Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa; has datemdned that said plat should be approved. NOW, THERFFORE, BE 1T ORDAINED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the ~d estate described as Lot A, Block C of Booth's Additiou in the City of Dubuque, Dubuque County, Iowa, ke and the same is hereby vacated. Passed, approved and adopted this 6th day of May, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald this 14th day of May, 1991. Mary A. Davis City Clerk It 5/14 Council Member Voetke~g moved £mai adoption of the Ordinance. Seconded by Council Member PratL Canled by the following vote: Yeas--Mayor Brady, Council Members De~eh, Khicsner, Krieg, Nichol~on, Pratt, Voctborg. Nays--None. Proof of Publication certified to by the Publisher on Notice of Public Heating to consider an Ordinance vacating a pan of East Third Street and a pan of Bell Sial. et in Booth's Addition, presented and resd. Council Member Vnntburg moved that the proof of publication bo ~.eived and filed. Seconded by Council Member Pratt Carried by the following vote: Yeas--Mayor Brady, Council Mcmburs Ddch, Kluesner, Kfieg, Nicholson, Pratt, Vcetberg, Nays--None. An Ordinance vacating a part of East Third Street and a pa~t of Bell Street in Booth's Addition in the City of Dubuque, lowa, said Ordinance having been presented and mad at thc Council meeting of April 15, 1991, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 37-91 AN ORDINANCE VACATING A PART OF EAST THIRD STREET AND A PART OF BELL STREET IN BOOTH'S ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, thc City has proposed the vacating of a part of East Third SUe. et and a part of Bell Street in Booth's Addition in the City of Dubuque, lowa; and Wkercas, IIW Associates, P.C., Dubuque, Iowa, has prepared and submitted to the City Council a plat showing thc vacated part of Bast Third Street and part of Bell Street and assigned a lot numbur thereof, which kerein- after shall be known and described as Lot A, Lot B, Lot C and Lot D, Block L of Booth's Addition in the City of Dubuque, Dubuque County, Iowa; and Wkercas, thc City Council of thc City of Dubuque, Iowa has determined that said plat should ke approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot A, Lot B, Lot C and Lot D, Block L of Booth's Addition in the City of Dubuque, Dubuque County, lowa, bu and the same is hereby vacated. Passed, approved and adopted this 6th day of May, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Regular SessiOn, May 6, 1991 168 Published offidaBy in tho Telegraph Herald this 14th day of May, 1991. Mazy A. Davis City Clerk It 5/14 Council Member Voctborg moved final adoption of thc Ordinance, Seconded by Council Member Pratt. Carried by the following vote: Yees--Mayor Brady, Council Members Delch, Kluasnnr, l~ieg, Nieholson, Pratt, Vcetburg. Nays==-None. Communicetion of Zoning Commission advising of thet~ reoommondadon to redius- sify prop~y located at tho intersecflou at tho southwest comer of Pennsylvania Avenue and thc Northwest Arterial from Agr~cnitt~rdi (AG) to Planned Cemme~inl (lC) subject to requirements of attached Ordinance, presnnted and read. Council Member Vcetburg moved to receive and file the communication. Seconded by Council Member Nichoison. Canted by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Kring, Nicholsoa; Pratt, Voetbu~. Nays--None. An Ordinance providing that the Code of Ordinances, be amended by revising Ap~n- dix A thareof, niso known as tho Zoning Ordinance by approving a Conceptual Development Plan for the Dubuque Corporate Center PC Planned Conumreini Dis~ct located at thc southwest comer of Pennsylvania Avenue and the Northwest Arterial, presented and read. Council Member Voetberg moved that this be con- sidared thc first reading of thc Onfinance, and that the ruquhcment that a proposed Ordinance be considered and voted on for passage at two Council mcegngs prior to the meeting at which it is to be finally adopted bo suspended and further moved that a public hearing be held on thc proposed Ordinance on thc 20th day of May, 1991, at 7:30 p.ro~ in thc Public Library Auditorium and that thc City Clerk publish notice in the manner presciibod by law. Seconded by Council Member Nicholson, Canied by the following vote: Yeas~Mayo~ Brady, Council Members Deich, Klueancr, Krieg, Nicholson, Pratt, Vcetburg. Nays--None, Communication of City Manager submit- ting bidding documents providing for the replacement of gvceue and coutwl equip- ment for the Locust S~eot Parking Ramp, presented and ~ead. Council Member Vo~tburg moved that the communication be received and filed. Seconded by Council Membe~ Pratt. Carried by the following vote: Yuns--Mayor Brady, Council Members Ddich, Kluesner, Krleg, Nicholson, Pratt, Voctburg. Nays---Noan. RESOLUTION NO. 137-91 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of oonUact and estimated cost for the Locust Street Parking Ramp revenue and control equipment, in the estimated amount of $~0,500.00 em hereby appwved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of May, 1991, Jarces E. Brady Mayor Attest: Mary A, Davis City Clark Council Membac Vcetburg moved adop- tion of the Resuimion. Seconded by Council Member Pratt. CarAed by the foilowinS vote: Ynn~--Mayor Brady, Council Members Dnich, Klunsnar, Kfieg, Ninholson, Pratt, Voetburg. Nays~None. RESOLUTION NO. 138-91 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifi- cations, and form of contract and placed same on file in the office of thc City Clerk for public inspection of thc Locust Sue. ct Parking Ramp revenue and control equip- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of June, 1991, a public heating will bo held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against thc proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general drcuiation in the city of Dubuque, Iowa, which notice shall bo 169 Regular Session, May 6, 1991 not less than four days nor mo~ than twenty days prior to the day fixed for its consideax- §on. At the heating, any interested person may appear and file objections to the proposad plans, specifications, contract, or estimated cost of the improverannt. Passed, adopted and approved this 6th day of May, 1991. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voctberg movad adop~ tion of the Resolution. Seconded by Counc'fl Membur Prate Carried by the following vote: Yeas---Mayor Brady, Council Members Dcich, Klansner, Kriag, Nicholson, Pratt, Voethurg. Nays-None. RESOLUTION NO. 139-91 ORDERING BIDS NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Locust SUcet Ramp Parking revenue and contlol equipment project is hereby ordcied to be advertised for bids for BE 1T NURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of thc notice to bidders bereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby c~ected to advertise for Mds for the construction of thc improvements hercin provided, to be published in a newspaper having gcaeral circulation in the city of Dubuque, Iowa, which notice shall not be less than four days nor n~re than twenty days Iniur to the receipt of said bids at 2:00 p.m on the 3rd day of June, 1991. Bids shall be opened and ~ by the City Clerk at said time and will be submitted to the Coune'fl for final aedon at 7:30 p.m. on the 17th day of June, 1991. Passed, adopted and approved this 6th day of May, 1991. James B. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voctberg moved adop- tion of thc Resolution. Seconded by Council Member Pratt. Carried by the following vote: Y~Mayor Brady, Council Members Dcich, Kluesner, Kring, Nichdson, Pratt, Vcatberg. Nays--None. Communication of City Manager submit- ting bidding documents providing for the construction of Parking Lot #3 of the RIverboat Gambling Complex located in the Ice Harbor, presented and x~ad. Council Member Voetberg moved that the communi- cation be received and filed. Seconded by Council Member Pratt Can/ad by the following vote: Yeas--Mayor Brady, Council Members Duich, Kluesner, Kriag, Nicholson, Pratt, Vcetberg. Nays--None. RESOLUTION NO. 140-91 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That ti~ proposed plans, specifications, foxm of contract and estimated cost for the Ice Harbor Devuiopm~nt - Parking Lot Improvements, Phase 3 - Stage 3, in thc estimated amount nfS114,235.00, am hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed. adopted and approved this 6th day of May. 1991. Jarces E. Brady Mayor Attest: Mary A. Davis City Clerk Counc'fl Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Pratt. Can-iud by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Nicholson, Pratt, Vcethcrg. Nays---None. RI~OLUTION NO. 141-91 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on thc proposed plans, specifi- cations, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Icc Harbor Development - P&rking Lot Improvements, Phase 3 - Stage 3. Regular Session, May 6, 1991 170 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on tho 3gl day of June, 1991, a public heating will bo hdd 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 specificatious, form of contract and cost of said improvement, and the City Clerk be and is hereby ~'~ted to cause a notice of fima and place of such hoaxing to be published in a newspaper having general circulation in the city of Dubuque, Iowa, which i~otica sben be not less than four days nor more than twenty days prior to thu day fixed for its considers- lion. At the hearing, any interested person may appear and file objections to thu proposed plans, specifications, contract, or estimated cost of tho improvement, Passed, adopted and appreved this 6th day of May, 1991. Jan~s E, Brady Mayor Attest: Mary A. Davis City Clerk Council Member Vcotberg moved adop- tion of the Resolution. Seconded by Council Member Pratt. Curded by the following vote: Yeas--Mayor Brady, Council Memlwas Deich, Riuesoer, Kfiag, Nicholson, Pratt, Voctberg. Nays--Norm. RESOLUTION NO. 142-91 ORDERING BIDS NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Ice Harbor Development - Parking Lot lmpwvemcnts, Phase 3 - Stage 3 is hereby ordered te be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the secmity to accompany each bid shall be in an amount which shall conform to tho provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the consUucflon of the improvements herein provided, to be published in a newspaper having general circulation in the city of Dubuque, Iowa, which notice shall not bo less than four days nor more than twenty days prior te the receipt of said bids at 2:00 p.m. on the 23rd day of May, 1991. Bids shall be opened and read by the City Clerk at said time and will be submlttad to the Counc'fl for final action at 7:30 p.m. on tho 3rd day of Juna, 1991. Passed, adopted and approved this 6th day of May, 1991. Attest: Mp~ A. Davis City Clerk Counc'fl Member Jan~s E, Brady Mayor Vcotberg moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by tho following vote: Yeas--Mayor Brady, Council Members Dcich, Riuesner, Kfiag, Nicholson, Pratt, Vcetberg. Nays---None. Communication of City Manager submit- ting documents providing for the bidding procedures for the construction of the 1991 P.C. Conurete Paving Project (Fiscal Year 1992), presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Counc'fl Member Vootb~g. Carried by tbe following vote: Y~Mayur Brady, Council Memhur~ Dcich, Kluesner, Kriag, Nicholsoa, Pratt, Voetberg. Nays--None. RESOLUTION NO. 143-91 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That thc proposed plans, specifications, form of contract and estimated cost for thc 1991 P.C. Concrets Paving Project, in the estimated amount of $1,629,703.12, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of May, 1991. Jan~s E. Brady Mayor Attest: Mace A. Davis City Clerk Counc'fl Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nicholson, Prat~ Voetberg, Nays--Norm. 171 Regular Session, May 6, 1991 RESOLUTION NO. 144-91 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, spacffi- cations, and form of conuant and placed sense on file in thc office of the City Clerk for public inspection of tho 1991 P.C. Concrete Paving Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 3rd day of June, 1~91, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested parsons may appaer and be heard for or against the proposed plans and spacifi~ cations, form of contract and cost of said improvement, and the City Clerk be and is hel~by directed to cause a notice of tim~ and place of such hearing to be published in a newspaper having general circulation in tho city of Dubuque, lowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its considera- tion. At the hearing, any inte~sted parson may apgeer and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 6th day of May, 1991. Attust: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesuer moved adop- tion of the Resolution. Seconded by Council Member Voetherg. Canled by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesuer, Kdeg, Nicholson, Pratt, Voetberg. Nays--Norm. RESOLUTION NO. 145-91 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, apacificatlons, form of contract' ustirrmted co~t and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as flied by the City Council, for the 1991 P.C. Concrete Paving Project. NOW, TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein m~ntioned improvements, and ualuss property owners at the time of the final consideration of this proposed Reso- lution have on file with the City Clerk objections to the Resolution of Necessity, they shali he deemed to have waived all objections pa~aiulag to tho regularity of tho proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Cleric That the cost and expanse of making such improvement will be ~sessed pertiully or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in propo~on to the special benefits conferred. The portion of the cost which shall be boran by the City will he paid from the Lecal Options Sales Tax Fund and General Obligation Bonds, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been parfonued and accepted, and the proceeds thereof used to pay the contractor. The above Resolution was in~coduced, approved and ordered placed on file with the City Clerk this 6th day of May, 1991. Approved and placed on file for final action. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesuer moved adop- tlon of thc Resolution. Seconded by Council Member Vcotberg. Carried by thc following vote: Yeas--MayorBrady, Council Members Deich, Kluesuer, Krieg, Nicholson, Pratt, Voetherg. Nays--None. RESOLUTION NO. 146-91 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Regular Session, May 6, 1991 172 Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on tho proposed plans, specffi- cations and form of contract and placed same on file in the office of tho City Cierk for public inspa0tion, for the 1991 P.C. Concrete Paving Project; and Where~s, the proposed Resolution of Necessity for said improvement has been int~xiuced and is now on file in the City Clerk's Office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 3rd day of June, 1991, a public hearing will be held at 7:30 o'clock p.m. in tho Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other parson having an interest in thc matter may appear and be heard for or agalust the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a Resolution of Ne~ussity and tho City Ciotk be and is bereby authorized and directed to cause a notice of lima and piece of such heating to be published in u newspaper having general circulation in thc city of Dubuque, Iowa, which notice shall he published once each week for two cousecutivo weeks, the first publication of which shall be not less than ten days Inio~ to the day fixed for its cousidmation. Unless property owners et the time of thc final consideration of this proposed Resolution have on file with the City Clerk objections to tho Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 6th day of May, 1991. lan'~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Memher Kluesner moved adap- llon of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: yeas--Mayor Brady, Council Members Deich, Kluesnor, Krieg, Nicholson, Pratg Vootberg. Nays--Noue. RESOLUTION NO. 147-91 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, I to 10 inclusive, are hereby determined to be thc schedule of proposed assessments for thc 1991 P.C. Concrete Paving P~ojcct and the valuations ~et out hc~in are bereby approved. Passed, approved and edapted this 6th day of May, 1991. Attest: Ma~ A. Davis City Clerk Council Member Jan~s E. Brady Mayor adoption of the Resolution. Seconded by Council Member Vo~therg. Carried by the following vote: Yeas---Mayc~ Brady, Council Members Dcich, Kluusner, Kficg, Nicholson, Pratt, Voetherg. Nays--None. Communication of City Manager request- ing a public heating be held on May 20, 1991, to amend the cra-mat Fiscal Year 1991 budget, presented and mad. Council Member Kluesnor moved that the communication be received and fried. Seconded by Council Member Kriag. Ca.nled by the following vote: Yeas~Mayor Brady, Council Members Deich, Kluesner, Krieg, Nichoison, Pratt, Vuetberg. Nays--None. RESOLUTION NO. 148-91 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PRO- POSED AMENDMENT TO THE FISCAL YEAR 1991 BUDGET AND DATE OF PUBLIC HEARING Whereas, it is proposed that the City of Dubuque amend its Fiscal Year 1991 budget; and Whereas, Section 384.16 of thc .Code of Iowa stipulates that a public hearing must be held on such a budget amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of public hearing on an amendment to thc adopted budget for the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of May, 1991. 173 Regular Session, May 6, 1991 Jam~s ]~ Brady Mayor At.t: Ma~ A, Davis City Clerk Council Member Klunsner moved adop- tion of Resolution No. 148-91 directing the City Clerk to publish proposed amendment to the Fiscal Year 1991 budget and date of public hearing, with said heating date to be May 20, 1991, at 7:30 p.m. in the Public Libesry Aud/tofium. Seconded by Council Member Krleg. Can'iud by the following vote: Yeas--~Mayor Brady, Council Members Deleh, Kluesecr, Kfieg, Nicbelson, Prat~ Voetberg. Nays---None. Conununlcation of City Manager request- lng Council to give further direction to City steff regarding the installation of sidewalks on Rockdale Rood in response to petitions received both for and against installation presented and read. Jim Heckmunn spoke requesting sidewalk installation, citing present safety hazards. Helen Mc,lo and Bob Molo, 1170 Rockdale, objecting to sidewalk inslallation on east side. Lmreine McKeown, 1600 Fox Dr., and James Walding objected to proposed sidewalk ins~ailagon. Mike Arthofer, 16tis Rockdale Road, and David Hickman, 13?ti Tomahawk, sta~ed sidewalks are needed. Jim Heckmann, 1140 Rcckdale Road, spoke requesting sidewalk installation, citing presem safety hazards. Council Member Kluesner moved that the communi- cation be receivud and filed and directed staff to proceed with west side installation and assess both sides. Seconded by Council Member KrJng. Carded by the following vote: Yeas--Mayor Bredy, Council Members Dal¢ih Kinusner, Kring, Nicholson, Pratt, Voetberg. Nays-None. CommunicmJon of C/vie Center Comn/s- sion advising that by thdr vote of fluee to two, the "Tonghman/Tunghwoman- contest at the Five Flags Center be allowed to continue and communication of Gene Per~y, requesting Council consider banning "Toughrnen" ty~e events from City property, and communications of Jon Hnisizer, Pastor Dubuque Church of the Nazarene, Joanun En-thum, Catherine Boxlalter, Dobra J. Byrnes and Dan Vondran family objecting to the continuation of "Tonghman" type contests at the Civin Center, presented and read. Council Member Voethorg moved that the communications be received and filed and directed Civic Center to defer from allowing "Tonghman" contests at Five Nlags Civic Center and thsh'uct Legal steff to draw up an Onlinance to ban the "Tonghman" contests thronghoot the entire C/ry. Seconded by Council Membo' Pratt. Carried by the following vote: Yeus--Council Members Deich, Kluesner, Krleg, Nlebolson, Prat~ Voetberg. Nays---Mayo~ Brady. Communication of Frank Miller, Pr~idunt of Tti-State Garden Club, objecting to the removal of "perfectly healthy trees", pre- suntud and read. Mr. Miller spoke. Council Member Voetberg moved that the matter be referred to staff for invesilgailun and report. Seconded by Council Member Nicholson. Cnn'ted by the following vote: Yeas--Mayor Bredy, Council Members Deich, Kinesunr, K~ieg, Nicholson, Pratt, Voetborg. Nays--None. RESOLUTION NO. 149-91 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,500,~00 GENERAL OBLIGA- TION BONDS AND LEVYING A TAX TO PAY SAID BONDS Whereas, the issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the issuer is in need of funds to pay cc~ts of thc construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection and disposal of surface waters and streams; the construction, reconsturction and r~palr of street improvements, sidewalks, bridges and related items; the acquisition, instalinilon, and repair of traffic control devices and signals; and the reconsUunfion, extension, and improvement of the existing airport, an essential cmporate purpose, and it is deemed necessary and advisable that General Obliga- tion Bonds in the amount of $2,S00,000 be issued for said purpose; and Whereas, pursuant to notice published as required by Section 384.~5 of said Code, this Council has held a public meeting and hear- ing upon thc proposal to institute proceed- ings for the issuance of said bonds, and the Council is therefore now authorized to m~eed with thc issuance of said bonds; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa; the above mentioned bonds were heretofore sold at pabBc sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale. Regular Session, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L Definitions. The following tenm shall hnv~wing meanings in this Resolution unless the text expressly or by necessary impBuntion requires otherwise: (a) *Beads* shall mean $2,5OO,OOO General Obligation Bunds, authorized to be issued by this Resolution; (b) *Issuer* and "City" shall mean the City of Dulmqun, Iowa; (c) "Paying Agent" shall be Bankers Trust Company, or such successor as may be approved by issuur es provided herein and who shall carry out the duties prescribed herein as issuer's agent to provide for the payment of principal of and interest on the bonds as the same shall become due; (d) "Project Fund" shall ~ the fund required to be established by this Resolution for the deposit of the proceeds of the bonds; (e) "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate; (f) "Registrar" shail be Bankers Trust Company of Des Moines, Iowa, or such successor as n~y be approved by issuer as provided herein and who shall carry out the duties prescribed heroin with respect to maintaining a register of the owners of the bonds. Unless otberwise specified, the registrar shall also act es transfer agent for the bonds; (g) 'Tax Exemption Cert~cate" shall nman the Tax Exen~tion Certificate executed by the Treasurer and delivered at the thne of issuanc~ and delivery of the bonds; and (h) 'Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the iv. cording and payment of the bonds issued hereunder. Se~ion 2. Levy and certification Of annual tax; other funds to be used. (a) Levy of annuai tax. That for thc purpose of p~viding funds to pay the principal and interest of the bonds hereinafter authosized to be issued, there is hereby levied for each future year the following direct unn~ tax on all of the taxable property in Dubuque, lows; to-wit: May 6, 1991 174 FISCAL YEAR (JULY 1 TO ~UNE 30) Amoun_.~tt =Year Of CoHeedon $251,570 199111992* $240,795 1992/1993 $325,295 1993/1994 $324,845 1994/1995 $313,845 1995/1996 $302,545 1996/1997 $301,045 1997/1998 $313,760 1998/1999 $364,660 1999/2000 $396,360 2000/2001 $435,010 2001/2002 (NOTE: For example thc levy to be mede and cocdfied against the taxable valuations of January 1, 1991, will be collected during the fiscal year conununcing July l, 1992.) * If not collected from previously budgeted funds, to be added to succeeding yeur. (b) Resolution to be filed with County Auditor. A certified copy of this Resolution should be fried with the County Auditor of Dubuque County, Iowa, and said Auditor is be~eby iust~cted in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes a~ levied and assessed, and such taxes so levied in and for each of the years aforesaid be collcc~d in like manner as other taxes of the City a~ collected, and when coBected be used for the propose of paying principal and interest un said bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City funds available. Principal and interest coming duc at any 6mo when the proceeds of said tax on hand shall be insufficient to pay the same shall bo promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Se~lon 3. Bond Fund. Said tax shall be collected each yeur at the same time and in the sam0 manner us, and in addition to, all other taxes in and for the City, and when coBecied they shall be converted into a special fund within thc Debt Service Fund to be known as the "General Obligation Bund Fund 1991 No. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on thc bonds bereinafter authorized to be issued; and also tbe~ shall be apportioned to said fund its proportion of taxes received by the City from railway, 175 Regular Session, May 6, 1991 exln~ss, telephone and teeegmph companies and other ~xes assessed by fue Iowa S~ate Depas~nent of Revenue. Section 4, .A .llea~on ~f bond receeds. Proceeds of the houds other than ecerued interest except as may be provided belov shall be credited to thc Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the endiast opportunity. Any hflance on hand in the Project Fund and not !nunedhitely reqni~l for its proposes may be invested not inconsistent with llndtations provided by law or this Resnimion. Accrued interest, if any, shall be deposited in the Bond Fund. Sullen $, Invustme~ts~f Bond Fund ~oceeds. Ail moneys heed in the Bond Fund, provided for by Saction 3 of this Resolution shall be invested in dime obligations of the United States Government or deposited in financial institutions which are members of the Federal Deposit Insur- ance Cori~tafion or the Federal Savings and .Loan Insurance Corporation and the depoeets tn which are insured thereby and ail such deposits exceeding the maximum amount insured from time to tirc~ by FDIC or FSLIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of dhcct obli- gations of the United Stetes Government having an eqnivaient market value. All such interim invesmtents shall mature before the date on which the moneys are required for payment of Inincipni of er interest on thc bonds as herein provided. Sullen 6. Bond detaiis~ execution and (a) Bond details. General Obligation Bonds of the City in the amount of $2,500,000, shall be issued pursuant to the provisions of Section 384.25 of the City Cnd~ of Iowa for the aforesaid purpose. The bonds shall be designated "General Obligation Bond**, be dated May 1, 1991, and bear interest from the date thereof, payment thereof, at the office of the paying agent, said interest payable on May 1, 1992, and semiannually thereafter on thc 1st day of November and May in eech year until maturity at the rates herninafter provided. The bonds shall be executed by the fecaimile signature of the Mayor and attested by tho fecsimile signature of thc Clerk, and printed with thc seal of the City and shall be fully registered as to both prineepai and interest as provided in this Resolution; principal, interest and premium, if uny, shall be payable at the office of the paying agent by mailing of a cbeck to the registered owner of the bond. The bonds shall be in the danominatlun of $5,000 or multiples thereof. Thc bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount. ~ 5.50% $105,000 1992 5.50% I00,000 1993 5.50% 190,000 1994 5.50% 200,0~0 1995 5.65% 200,000 1996 5.75% 200,000 1997 5.85% 210,000 1998 6.~0% 235,000 1999 6.10% 300,000 2O00 6.10% 350,000 2001 6.10% 410,000 2002 (b) Redemption. Bonds maturing after May 1, 1999, may be called for redemption by the issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from lirn~ to lime in part, in any order of matmity and within an annual maturity by lot by giving not less than thirty nor more than sixty days notice of redemption by first class maR, to the registered owner of the bond. The terms of redemption shall be par, plus accrued interest to date of call. If selection by lot within a maturity is required, the registrar sheel by random selection of the names of the registered owners of the entire annual maturity select the bonds to be redeemed until the total nmonnt of bonds to be calhid has been Section 7. R.e istraU'on of bonds, a ~ cancellation. (a) Registration. The ownership of bonds may be transferred only by the making of an enUy upon the books kept for the regisffation and transfer of ownership of the bonds, and in no other way. Bankers Trust Company is hereby appointed as bond mgislrar under thc terms of this Resolution and undec the provisions of a separate ngmement with the issuer ffiexi hamwith which is made a part hereof by this Regular Session, May 6, 1991 176 refe~nce. Registrar shall maintain the books of the issuer for tie mgistsation of ownership of the bonds for the payment of principal of ned interest on thc bonds aa provided in this Resolution. All honds shall be negotiable as provided in Pm/de 8 of the Uhif0ml Commercial Code and Section 384.31 of the ~ subject to the provisions for registration and transfer contained in the bonds and in this Resolution. (b) Transfer. The ownership of any bond may be transfenwi only upon the regisuation books kept fur the registration and transfer of bonds and only upon surrender thereof at the office of the rngistrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfuctory to ti~ registrmc, along with the eddreas and social security number or fedcree employer identification number of such Wansfere~ (or, if regisUation is to be made in the namu of multiple individuals, of all such transferees). In the event that the address of the registered owanr of a bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the regisUation books the information pertaining to tho registered owner required above. Upon the transfer of any such bond, a new folly registered bond, of any denomination or denominatlone permitted by this Resolution in aggregate principal amount equal to the unmatored and unredeemed principee amount of such transfen~l fully registered bond, and bering interest at the san~ rate and maturing on the same date or dates shall be delivered by the registrar. (c) Registration of tra~ferred bonds. In all cases of the Uunsfur of the bonds, thc regis~ar shall register, at the e~rllest practi- cable time, on the registration books, thc bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any bond, the person in whose ann~ the ownership of the san~ shall be registered on thc registration books of the registrar shall be deemed and regarded as the absolute owner thereof for all proposes, and payngnt of or on account of the principal of uny such bonds and the premium, if any, and interest thereon shall be made only to or upon thc order of the regis- toted owner thereof or his fugol rep~senta- tire. All such payn~nts shall ho valid and effectual to satisfy and discharge thc liability upon such bond, including thc interest thereon, to the extent of thc sum or sums so paid, (u) Cancellation. Ail bonds which have been redeemed shall not be reissued but shall be cancelled by the registrar. All bonds which are cancelled by tho registrar shall be dastxoyed and a certificate of the destruction theteof shall be furnished promptly to thc issuer; provided that if thc issuer shall so direct, the ~gistesr shali forward the cancelled honda to the issuer. ( f) Non-pes$e~ment of bonds, in thu event any ~y~nt ~ ~senfing ~y~nt of ~ of ~ in~st ~ ~e ~Ms is ~t~M m ~e ~ ~cnt ~ if ~y ~d is ~t ~n~ f~ ~y~t of ~n~ at &o ~t~ ~ ~e~on ~, if funds suffi~ent to ~y su~ ~nee~ of ~ interest on ~eds sh~ ~ve ~n ~e av~able ~ · e ~ng agent for ~e ~fit of ~e ewer · emof, ~ Ratty of ~e hsu~ m ~e owner ~of for such in~st or payment of such ~nds s~l fo~ ~, ~na~ ~d ~ co.fully disc~g~, ~ ~cu~n it shMl ~ ~e duty of ~c ~ng agent w hold such fun~, ~out ~a~ty for in~st · e~n, f~ ~c ~nefit of &e o~er of such ~s who sh~ ~r ~ ~c~ ox~usively ~ s~h f~ds f~ ~y dMm of wh~v~ n~ on ~s ~ un~r ~s Re~fu~on ~ on, ~ ~& m~t to, such in.st ~ ~n~. Tbe ~ng agent's obllga~on ~ h~d such fun& s~l ~n~nne f~ a ~fi~ ~u~ to ~o y~ ~ ~x mon&s foHo~ng ~e d~ on w~ s~h tritest ~ ~i~ ~ d~, wbe~er at malty, or at ~ ~m ~ f~ ~empfion · egof, ~ ~e~se, at which ~me ~e ~ng ~cm, sh~ s~n~r ~y g~ng funds ~ h~d m ~ ~su~, whogu~ ~y ee~ under ~s ResofuRon by ~e o~m of such in.st ~ ~Ms of wherever nat~ sh~ ~ ~e u~n ~e iss~r. ~) Registr~ion ~ tra~er fees. ~e ~s~ ~y f~sh ~ ~h o~er, g ~e iss~r's ex~n~, one ~nd f~ ~h ~nu~ ~ty. T~ mgis~ sh~ ~h ~i- ~o~ ~ds in less~ d~o~un~ons ~ut not less ~ ~c ~mum deno~mi~) to ~ owner who so ~sU. Sunfun 8. Ralssu~ of mu~lat~ ~ or l~t ~nds. In ~ ~y ou~ng ~nd s~ ~ mndla~ ~ ~ desffoy~, stolen ~ 1~ ~ iss~r s~l at ~e ~st of gggff~ un~n~m ~d de~v~ a new ~ed of ~e ~n~ ~d ~onnt ~ ~e ~d so mu~a~, dcs~y~, stolen ~ lose in exch~ge ~d su~tufion f~ mu~a~ ~d m ggis~, ~n s~n~r of such mu~a~ ~nd, ~ in ~en of ~d su~to~on f~ ~e ~ dcs~y~, stolen ~ lose u~n ~ng ~& &c mgis~ c~dan~ sa~fuct~ m ~c mgis~ ~d issuer ~at 177 Regular Session, May 6, 1991 such bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing thc registrar and iasuur with antisfacto~ indemnity and complying with such other reasonable regdiations as thn issuer or its agent may prcscsibe and paying such expanses as thc issuer nmy incur in connection therewith. Section 9. Record date. Payments of principal and interest, othenvise than upon full redemption, made in respect of any bond, shall be made to the registered holder thereof or to their designated agent as the sar~ appear on the books of the registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the issuer in respect of such bonds to the extent of the payments so made. Payment of !mlncipal shall only be made upon surrender of the bond to the paying agent. Section 10. Execution authentication and ~. Upon the ndoption'~ this Resolution, the Mayor and Clerk shall execute and deliver the bonds to the registrar, who shall authenticate the bonds and dnlivur the same to or upon order of the purchaser. No bond shall be valid or obligatory for any propose or shall be entitled to any right or benefit hereunder unless the registrar shall duly endorse and execute on such bond a certficate of authentication substantially in the form of the uetfificate herein set forth. Such certificate upon any bond executed on behalf of the issuer shall be conclusive evidence that thc bond an authenticated has been duly issued under this Resolution and that thc holder thereof is eatiflnd to thc benefits of this Resolution. No bonds shall be authenticated and delivered by thc regisUar unless and until there shall have been provided the following: A certified copy of the Resolution of issuer authorizing the issuance of thc bonds; A written urder of issuer signed by the City Treasurer of the issuer directing the authentication and delivery of thc bonds to or upon thc order of the purchaser upon payment of the purchase price ss set forth therein; The approving opinion of Ahlers, Cooney, Donveller, Haynin, Smith & Allbee, EC., Bond Counsel, concerning the validity and legality of all the bonds proposed to be issued. Section 11. ~o name substitute 'n aent or re 'strur. Issuer reserves the right to name a substitute, successor registrar or paying agent upon giving prompt written notice to each registered bondholder. Se~lon 12. Form of bend. Bonds shall be printed in substantini compliance with standards proposed by the An~rican S~an- dards Institute substantially in the form as follows: (6) (7) (8) (1) (2) (3) (4) (5) (9) (9a) (10) (Continued on thc back of this bond) (11)(12)(13) (14) (15) FIGURE 1 (10) (16) (17) (Continued) FIGURE 2 (Back) The text of the bonds to be loca~nd thereon at the item numbers shown shall be as follows: Item 1, figure I = "STATE OF IOWA" "COUNTY OF DUBUQUE" "CITY OF DUBUQUE" "GENERAL OBLIGATION BOND" "ESSENTIAL CORPORATE PURPOSE" Item 2, figure 1 = Rate: Item 3. figure 1 = Maturity: Item 4, figure 1 = Bond Date: May 1, 1991 Item 5, figure 1 = Cusip # Regular Session, May 6, 1991 178 Item 6, figu~ I = "Registured" Item 7, figom I = Certificate No. Item 8, figom 1 = Principal Amount: S item 9, figure 1 = The City of Dubuque, Iowa, a municipal curporetion olganlzed and existing under and by virtue of the Constitution and laws of thc State of Iowa (the "Issuer"), for calue received, promises to pay from tho source and as hereinafter provided, on tho maturity date indica~exi aborn, to Item 9A, figme 1 = (Registration panel to be completed by registrar or psinter with name of registered owner). Item 10, figom 1 = Or registered assigns, the principal sum of ~ written out) thousand dollars in lawful money of the United SUUes of Amcmica. on the rnatmity date shown above, only upon presentation and surronde~ hereof at the office of Bankers Trust Company, Des Moiues, Iowa, paying agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on May 1, 1992, and semiannually thercefter on the 1st day of November and May in anch year. Interest ami principal shall be paid to the registexnd holder of the bond as shown on the xexords of ownership maintained by the registrar as of thc 15th day of thc month next prccnding such interest payment date. Interest shall be computed on the basis of a 360-day year of ~wnlve 30-day months. This bond is issued pursuant to the provisions of Section 384.25 of the City Code of Iowa, for thn purpose of paying extension, improvement, and cquippip~ of works and facilities useful for the collection the construction, rcconsUuction and repair of street improvements, sidewalks, bsidges and related items; the acquisition, installation and repair of traffic control devices and and improvement of the existing ah]x)rt, in conformity to a Resolution of the Council of said City duly passed and approved. Bonds maturing after May 1, 1999, may be called for redemption by the issuer and paid before maturity on said date or any date thepcaitcr, from any funds regardless of somce, in whole or from time to time in pa~ in any order of maturity and within an annual nmtmity by lot by givin~ not less than thirty O0) nor more than sixty (60) days notice of ~ndemptico to the registered owner of the bond. Thc terms of redemption shall be par, l~US aonmcd interest to date of call. Notice hereunder may be given by first class mail to tho ownur of record of thc bond at the nddress shown co thc books of the registrar and shall be daeraed complete upon mailing. Ownership of this bond may be trans- fen~l only by lransfor upon the books kept for such purpose by Bankers Trust Company, thc registrar. Such transfer on the books shall occur on}y upon presentation and surrender of this bond at thc office of the registrar, together with an nssignmcnt duly executed by the owner hereof or his duly authorized attorney in the form as shall be satlsfacto~y to the registrar. Lssuer reserves the sight to substitute thc registrar and paying agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be nngotiabin as provided in Article 8 of thc Uniform Commercial Cede and Section 384.31 of the Code of lowa~ subject to tl~ provisions for registration and transfer contained in the Bond Resolution. ~ bond is a "qualified tax exempt obligation" designated by thc City for proposes of Section 265(bX3)01) of the Internal Revenue Code of 1986. And it is hereby represented and co'tifind that all acts, conditions and things requisite, according to the laws and Constlmtion of the State of Iowa, to exist, to be had, to be done, or to be parformnd precedent to tho lawful issue of this bond, have been existent, had, done and performed as required by law; that provision has been made for thc levy of a sufficient continuing annuai tax on all thc taxable propurty within the terrhory of the issuer for thc payment of the principal and interest of this bond as the same will respec- tively become due; that thc faith, credit, revenues and resources and all the real and personal propo~y of the issuer are im~vocably pledged for thc prompt payment he.of, both principui and interest; and the total indebtedness of the issuer including this bond, dces not cxcecd thc constitutional or statutory limitations. IN TESTIMONY WHEREOF, the issuer by its Council, has caused this bond to be signed by thc facsimile signature of its Mayor and attested by the facsimile signature of its City Clerk, with the seal of said City printnd hereon, and to be authenticated by 179 Regular Session, May 6, 1991 the manual aigonuwu of au autbofized repremmtetive of the registrar, Bonkers Trust Cor~v~any, Dns Mo~ues, lows. Item 11, figure 1 = Date of aulhontication: item 12, figure 1 = This is one o£ the bonds described in the within mentioned Resolution, as registered by Bankers Trust Company. BANKERS TRUST COMPANY Des Mo~ues, Iowa 50309 By: ~ Rngistrer item 13, figme 1 = Rngisuar aud Transfer Agent: Bankers Trust Company Paying Agent: Bankers Trust Company Item 14, figure 1 = (Seal) Item 15, figure I = (Signature block) CITY OF DUBUQUE, IOWA By: facsimile si nature Mayor Attest: facsimile si nature City Clerk Imm 16, figure 2 = It is ce~ified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this bead is a part. By: facsin~le si nature ~ City Clerk (Opinion of Bond Counsel) Item 17, figure 2 = (Assignment block] (Information required for registration] ASSIGNMENT For value received, the undersigned hciw by sells, assigns and transfers unto -- (Social Security et Tax Identi~ .__) the within bond and docs herchy irrevocably constitutu and app~nt attorney in fact tu transfer the said bond on the books kept for registration of the within bond, with full power of substitution in the premises. Dated [Posen(s) executing this Assignment sign(s) hem] SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The aiguettu~(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in evemy parficniar without aiterafion or eniargcmcnt or any change whetuver. Signature gLmesntec should be made by a member or n~mber organiza~on of the New York Stock Bxchange, members of other Exchanges having signatures on file with transfer agents or by a commercial bank or bust company. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Narue of Transferee(s).~_ Address of Transferee(s). Social Security or Tax Identification Number of Transferee(s)__ Transferee is a(n): Individual* Corporation Pa~mcrsME Trust * If thc bend is to be registured in the names of multiple individual owners, the narn~s of ail such owners aud one address and social secmlty number must be provided. Thc following abb~vlations, when used in the inscription on the face of this bend, shall he construed as though written out in full according tu applicable laws or regulations: TEN COM - as teuents in common TEN BNT - as tunants by thc entireties JT TEN - as joint tenants with right of survivorship and not as tenants in eoIlhTlon IA UNIF TRANS MIN ACT ......................... Cuswdian ......................... (Cns0 (Minor) under Iowa Unifonn Transfers to Minors (state) Regular Session, May 6, 1991 180 Section 13. Contract between issuer end pmchascr. This Resolution constitutes a con~ract between said City and the purchaser of the bends. Section 14. No~-arhitr~e covenants. The issuer l~sc~ably cxpacts and onvononts diat no use will be made of thc psoceeds from the issuance and sale of the bonds issued hereunder which will cause any of the bonds to be classified as erhitragc bends within the meaning of Section 148(a) and (b) of the Internni Revenue Code of the United Stutes, and that throughout the term of said bends it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the issuer, there are no facts or circumstances that would materially change the foregoing stetemants or thc conclusion that it is not ex- pected that the pnscueda of the bends will be used in a manner that would cause the bonds to be arbilragc bonds. Without limiting the generality of the fmegoing, thc issuer hereby ng~es to comply with the provisions of the Tax Exemption Cerilficate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as pa~t of this Resolution. ']'he T~esurer is hereby directed te make and insert all calculations and deter- minations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Cc~ificate at issuance of thc bends to certify as to the reasonable expeciations and covc- nauts of the issuer it that date. Section 15. SeverabiliW clause. If any section, paragraph, clausc or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provi- sions hereof, and this Resolution shall become effective immediately upon its passage and approvni. Se~|on 16. Additional covenantst repro- sontufions and warranties of the issuer. The issuer ce..~ifies and covenants with thc purchasers and holders of the bonds from tim~ to time outstanding that the issuer through its officers: (a) will make such further spacific covenants, representations and assurances as may be neceasa~y or advisable; (b) comply with all represcnta- ilons, covenants and assurances conialned in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between thc issuer and the owners of thc bends; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to thc United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the bonds; (e) file such forms, stutemonts and supporting documents as may be requital and in a timely nmnner, and (0 if deemed necezsavff or advisable by its officers, m employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the issuer in such Se~lon 17. Amendment of Resolution to maintain tax exemption. This Resolution may be an~nded without the consent of any owner of the bends if, in the ol~nion of bond counsel, such an~ndment is necessary to nmlntuin tax exemption with respect to the bonds under applicable federai law or regulations, Section 18. Qualified tax exempt obligations. For the sole purpose of qualifying the bends as "Qualified Tax Exempt Obligations" pu~sonnt to the Internal Revenue Code of the United States, the issuer designates the bends as qualified tax exempt obligations and represents that the reasonably anticipated amount of tax exempt governmental and Code Section 501(c)3 obligations which will be issued dining the current calender year will not .exceed tun (10) million doHers; Se~lon 19. Repeal of conflicting ~usolu- tions or ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith a~ hereby Passed and approved this 6th day of May 1991. James E, Brady Mayor Attest: Mary A. Davis City Clerk Coonc'fl Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Dcich. CarAed by the following vote: Yeas--Mayor Br0dy, Council Members Dcich, Klucsner, Kriag, Nicholson, Pratt, Voctberg. Nays--None. An Ordinance providing that Code of Ordinances be amended by revising Appen- dix A ti~reof, also known as the Zoning Ordinance of the City by adopting an amended Conceptual Development Plan for thc Kennedy Mall PC Planned Commcreial District at 555 John J. Kennedy Road, said Ordinance deferred to this meeting by the Council at the meeting of August 20, 1990, presented for further action. Council Member Vuetbe~g moved that this Ordinance be received and filed. Seconded by Council 181 Regular Session, May 6, 1991 Member Nicholson. Csrcind by tho following vote: Yeas--Mayor Brady, Council Members Deich, Kleesner, Kriag, Nichaisun, Pratt, Vnetberg. Nays---None. Communication of Laura Cassteas, City Planner, advising that the petitioner, curare Company, has requested this PC amendment be removed from the Council's agenda, ~ seated and ~d. Council Member Vnetherg moved that the communication be received and filed and accepted the recommendation for removal from the agend& Socomied by Council Member Nichoison. Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kleesner, Kriag, Nicholson, Pratt, Voetberg. Nays--None. Communication of City Manager submit- ting ordiannc~ providing for the p~ting of a vehicle weight limitefion on ~he Peru Road Bridge located between Liberty Avenue and Hawkeye Drive, presented and read, Council Member Kluesner moved that the communi- cation be received and filed. Seconded by Council Member IC-ing. Can. iud by the following vote: Yeas~Mayor Brady, Council Members Ddich, Kluesner, Kriag, Nicbelson, Pratt, Voetberg, Nays--None. An Ordinance amending Code of Ordi- nances by adding a new Section 32-185 providing that heavy vehicles are prohibited on certain inidges, presented and re. ad. (OFFICIAL PUBLICATION) ORDINANCE NO. 38-91 AN ORDINANCE AMENDING TIlE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A NEW SECTION 32-185 PROVIDING THAT HEAVY VEHICLES ARE PROHIBITED ON CERTAIN BRIDGES NOW, THERFPORE BE IT ORDAINED BY THE CITy COUNCIL OF THE CITY OF DUBUQUE, IOWA: "Sec. 32-185. Heavy vehicles prohibited on certain [xidges. (a) Wben signs are erected giving nodce thereof, no person shall operate a vehicle exceeding the pos~i gross vehicle weight limits o~, or over the following bridges: Peru Rood Bridge, between Libe~y Avenue and Hawkeye Drive: 3 axle straight truck, 18 tons 5 axle semi tractor-trailers, 26 tons double but~nn semi tractor-trailers, 33 tons; (b) This Ordinance shall not apply to implements of husbandry or to implements of husbandry loaded on hauling units for transporting the implements to locations for pmposes of repalc, (c) A person who viciates this Ordi- unnun shall, upon conviction or a guilty plea, be subject to a fine determined by dividing the difference between the actual weight of the vehicle and the maximum weight allowed by this ordinance by 100 and multiplying the quotient by two dollars ($2.O0)." Seetlon 2. This Ordinance shall take effeet immediately upon publication. Passed, approved and adopted this 6th day of May, 1991. Attest: Mary A, Davis City Clerk Sands E. Brady Mayor Published officially in the Telegraph Herald this 14th day of May, 1991. Mary A. Davis City Clerk It 5/14 Council Member Kluesner moved that this be considered the first xeading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at wMch it is to be finally adopted be suspended and further moved final adoption of the Ordinance. Seconded by Council Member Kfieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klu~ner, Kriag, Nicbulson, Pratt, Voetherg. Nays--None. Communication of City Manager recom- mending modification of au Ordinance eatab~ lisbing fifty cent per person adn~ssion fee to Dubuque Casino Belle; making Ordinance consistent with ~vised Slate Racing and Gaming Commission rules, prescoted and rcmt. Council Member Voctberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Canied by the following vote: Yeas---Mayor Brady, Council Members Deich, Kiuesner, Krieg, Nicholson, Pratt, Voctberg. Nays---None, Regular Session, May 6, 1991 182 An Ordinance repealing Ordinance No, 85-90 and adopdag a new Ordinance ~e~luifiag an Excmsiun Boat Licensee docked within the City of Dubuque to pay to the City an admission fee fur each person, subject to eertaln excepiluns, embuxklng on an Excunlon Gnmbiing Boat, preeented and read, (OFFICIAL pUBLICATION) ORDINANCE NO. 39-91 AN ORDINANCE REPEALING ORDINANCE NO. 85-90 AND ADOPTING A NEW ORDINANCE REQUIRING AN EXCURSION BOAT LICENSEE DOCKED WITHIN THE CITY OF DUBUQUE TO PAY TO THE cFrY AN ADMISSION FEE FOR EACH PERSON, SUBlECT TO CERTAIN EXCEPTIONS, EMBARKING ON AN EXCURSION GAMBLING BOAT Wbereas, Chapter ~gF of the Co~,,e. of, lowa, entitled "Excursion Boat Gambling prey{des for limited gambling on excursion boats subject to approval by County voters; and Whereas, a County-wide referendum on whether to allow riverboat gambling in Dubuque County was bcid on August 21, 1989, with the result that 66.6% of thoee voting voted in fav~ of fived~oat gambling; and Wbereas, lowa Code Seeilon 99F10.3 provides that a "city may adopt, by urdinanee, an admission fee not exceeding fifty cents for cnch person embarking on an excursion gmobilng boat docked within thc City.,."; and Whereas, the City Council of the City of Dubuque, lowa, enacted such an admission fee on excursion gambling boats docked within the City of Dubuque with thu adoption of Ordinance No. 85-90; and Wbereas, the City Council of the City of Dubuque, lowa, now desires to amend Ordinance No. $5-90 to provide for certain exeeptions to thc requirement of an admission fee exempting certain persons as recognized by the State Racing and Gaming Commission, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Beginning April 1, 1991, any cxcursioa boat Uccnsee licensed under Iowa Code Section 99F.7 that is docked within the corporate limits of the City of Dubuque, Iowa, shall collect and pay to the City of Dubuque ~m admission fee of fifty cents ($.50) for each ponon embarking on an excursion gambling boat with a ticket of admission, except for the following persons, for whom the licensee shall be exempt from the requirement of the collection of an admission fee: (a) Commissioners and members of the staff of the State Racing and Gaming Commission while on official business; (b) Persons under the ago of 21 who am not charged an admission fee to pmlicipate in an excursion; and (c) Any other poisons exempted by ruling of the State Racing and Gaming Commission. Seetlon 2. If tickets ~c issued that ~ good for more than one excursion, the admission fee shall be paid fee each person using the ilckct on each excursion that die ticket is used. SecUon 3. If free passes or complimentary admission tickets rare issued, the licensee shall pay thc same fee upon these passes or complimentary tickets as if they were sold at the regular and usual admission rate, Section 4. The excursion boat licensee may, however, issue fee-free passes to actual and necessary ofllcials and employees of the licensee or other persons actually working on the excursion gambling boat~ Issuance of fee- free passes is subject to the rules of the Iowa Racing and Gaming Commission and a llst of all persons to whom fee-free passes are issued shall be filed with the Commission as required by lows Code Section 99FA0(2)(d) and a copy thereof provided to the City of Dubuque. Section $. The fee rcqdired by this Ordinance shall be paid to the City of Dubuque o~ a reontbiy basis and shall be accompanied by an accounting thc~for. seer hie 6. Ordinance No. 85-90 is hereby Passed, approved and adopted this 6th day of May, 1991. Jare~s E. Brady Mayor Attest: Mary A. Davis City Clerk 183 Regular Session, May 6, 1991 Published officially in the Telegraph Herald this 14th day of May, 1991. Mary A. Davis City Clerk It 5/14 Council Member Vuntberg moved that this be considared the first tending of the Ord/naune, and that the ruqal~mont that a pr~dceed Ordinance be considered and voted on for passage at two Coundl meetings lnior to the meeting at which it is to be finally adopted be suspended and fmlhar moved final adoption of the Ordinance. Seconded by Council Member Nichulson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Klcesunr, Krieg, Ninhoison, Pratt, Vcetberg. Nays--None. RESOLUTION NO. 150-91 NOW, THEREFORE, BE 1T RESOLVED BY TH]/CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That th~ following having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, Iowa, be granted a permit to sell cigarettes and cigarette papers within said City. Dubuque Casino Balle, Vendors Un- limited, 3rd Street Harbor, P.O. Box 447 Days Inn, Vendors Unlimited, 1111 Dodge Su~t Passed, approved and adopted this 6th day of May 1991. James E. Brady Attest: Mayor Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Member Pratt Ca.ed by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesunr, Krleg, Ninboisun, Pratt, Voetberg. Nays--None. RESOLUTION NO. 151-91 Whereas, applications for Beer Permits have been submitted and fi]ed to this Coundl for approval and the same have beun 6xaminnd and approved; and Wbereas, the premises to bo occupied by such applicants were inspected and found to comply with the Ordinances of this City and have fi]ed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following unm~d applicants a Beer Pem/t. CLASS "C" BEER PERMIT McCann Service, Inv., Sunday Sales, 690 W. Locust Passed, approved and adopted this 6th day of May, 1991. James E. Brady Attest: Mayor Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Klcesnor, Krleg, Nichulsoa* Pratt, Voetberg. Nays--Norm. RESOLUTION NO. 152-91 Whereas, appllcailons for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinunc~s relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Wm. C. Brown Company, Publishers, Hoffman House, Sunday Sales, 3100 Dodge CLASS "A" (CLUB) BEER AND LIQUOR LICENSE Dubuque Gulf and Country Club, Sunday Sales, 1800 Randall Place Regular Session, May 6, 1991 184 APPLICATION FOR OUTDOOR SERVICE Two Twenty Five, Ltd., Two Twunty Five, 225 West 6th Passed, approved and adopted this 6th day of May, 1991. lames E. Bnniy Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Member Pratt Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesunr, Krieg, Nicholson, Pratt, Voetborg. Nays-~Noun. MINUTES SUBMITTED--Airport Commission of 4~11; Electrical Code Board of 4-23; Fivn Flags Comn/ssion of 4-15; Handicapped Parking Review Committee of 4.10; Historic Pmsarvailon Commission of 3-28 and 4-10: Hun~m Rights Com~ssion of 3-il; Library Trustees of 2-28 and 3-28, presented and iv, ad. Council Member Voetborg moved that the minutes be received and fi]ed. Seconded by Council Mcmber Nichoison. Canied by thc following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Krleg, Niuholson, Pratt, Voetberg. Nays--None. NOTICES OF CLAIMS/SUITS--Jeunile Boulware in unknown amount for personal injuries; James R, Conzett in unknown amount for backed-up sewer damages; Badger State Mutual Casualty Company on behalf of their insured, Dolo~s Hendrlcks, in unknown amount for personal injmies; Investment Planning Inc. in unknown amount for property damages; Donald Klctt et al vs. City of Dubuque, in amount of $25,000.00 for personal losses and damages; Donald L Koos in amount of $89.00 for personal injuries; David and Judy O 'Malley in amount of $250.00 for vehicle damages; Merlyn Renkert, Jr., in amount of $204.00 for personal injuries; Melvin A. Thcin, in the amount of $85.00 for vehicle damages; Margaret Vam°ult in unknown amount for personalinjuries, p~sented and read. Council Meinbor Voetberg moved that the claims and suits bo referred to the Legal staff for investigation and report. Seconded by Council Member Nicholsom Can/ed by the following vote: Yc~--Mayor Brady, Council Members Dcich, Kluesunr, Kriag, Nieholson, Pratt, Voctberg. Nays--Noun. Communications of Coq~Uion Counsul mcommen~ng payment of following claims filed: Mark Blatz, car damage, in thc amount of $186.00; Commercial Properties, lxoperty damage, in thn amount of $25.00; Lawrence W. ltansen, car damage, in tho amount of $235.37; Paul Lawn, c~r damage, in the amount of $166.32; Charles Rcisun, property damage, in the amount of $247.70; David Schmitt, car damage, in the amount of $26.20; Jun Shnitz, car damage; in the amount of $117.13, presunted and read. Council Member Voetberg moved that the recommendations be approved and Finance Director to issue the proper check. Sexonded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Doich, Klceaner, Kfiag, Nichoison, Pratt, Vcetberg. Nays--None. Communications of Corporation Counsel advising of referrals to Crawford & Company, thc agent for the Iowa Community Assurance Pool, the following claims: car damage of Amie $. Fritsch; car damage of Michael A. Santfllo; car damage of John I. Vandal, presented and read. Council Member Voctberg moved that tho communications be received and filed. Seconded by Council Member Nichol~on. Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesunr, Krlag, Nichulson, Pratt, Voetborg. Nays--None. Communication of Coqx~atlon Counsel reconm~ndlng denial of sidewalk damage claim of Jame~ P. Laminar, presented and read. Council Member Voetberg moved that the communication be received and fi]ed and approved denial. Seconded by Council Member Nichoison. Carried by tho following vote: Yeas--Mayor Brady, Council Members Deich, Kinesnor, Krlcg, Nichulson, Pratt, Voetberg. Nays---None. Communication of City Manager recom- mending approval and execution of Purchase of Services Agreement with Operation: New View for thc fiscal year beginning July 1, 1991 in the amount of $15,000.00, presented and read. Council Member Voetborg moved that the communication be received and filed and execution of Agreement approved. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesncr, Krieg, Nicholson, Pratt, Voetbcrg. Nays--None. Communication.of City Manager zecom- mending approval and execution of Purchase of Sc~viccs Agreement with Substance Abnsc Services Center for the fiscui year beginning Suly 1, 1991 in thc amount of 185 Regular Session, May 6, 1991 $12,500.00, pro~ented and read. Council Member Voetberg moved that tho commoni- cation be re~ived and filed and execefion of Agl~m~nt approved. Seconded by Council Member Nicholson. Can/ed by file following vote: Yeas--Mayor Brady, Council Memburs Deich, Kluusner, Krlag, Nichoison, Pratt, Vontberg. Naya~--None. Con'dnudicatton of City Manager recom- mending &Fgtovo/and execution of Purchase of Services Agreement with Helping Services for Northeust Iowa, Inc,, for the fiscal year beginning $o/y 1, 1991 in the amount of 2,000,00, presented and read, Council Membe~ Vontberg moved that the communi- cation be reneived and filed and execution of Agreement approved. Seconded by Council Member Nichoison. Carried by the following vote: Y~--Mayor Brady, Council Members Do/ch, Kluusner, Kriag, Niehulson, Pratt, Voetberg. Nays--None. Communication of City Manager recom- mending approval and execution of Purchase of Services Agreernent with the Reti~l Senior Volunteer Program (RSVP) for the fiscal yeur beginning July 1, 1991 in the amount of $7,500.00, prasonted and read. Council Member Voetberg moved that the communication be mco/ved and filed and Agreement approved. Seconded by Council Member Nicholson. Canied by tho following vote: Ycas -Mayor Brady, Council Members Deich, Klnesner, Krieg, Nichulson, Pratt, Voetberg, Nays~Nonc. Communication of City Manager recom~ mending approval and execution of Purchase of Services Agreement with Project Concern/ Phone-A-Friend concerning the minibus operation for the fiscal year beginning July 1, 1991 p~sented and read. Council Member Vontberg moved that the communication be received and filed and Agreement approved. Seconded by Council Member Nichulson. Carded by the following vote: Yeas--Mayor Brady, Council Members Do/ch, Kinesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Communication of City Manager recom~ mending approval and execution of Purchase of Services Agreement with the Chamber of Commerce for the fiscal year beginning July 1, 1991 covering the City's financial partl- cipation in the operation of the Chamber's Convention and Visitors Bm'eau in the budgeted allocation of $227,712.00, pre- sented and read. Council Member Voetberg moved that the communication be received and filed and Ag~ewent approved. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Member~ Do/ch, Klueaner, Krieg, Nichoison, Pratt, Voetberg. Nays---None. Communication of City Manager recom. mending approval and execution of Purchase of Services Agreement with the Critical Incident St~ss Debriefing Team for the fiscal year beginning July 1, 1991 in the amount of $1,334.00, pre~ented and read. Council Member Vontberg moved that the communlcalion be t~e, eived and filed and Agrnement approved. Seconded by Council Member Niehoison. Carried by the following vote: Yans~Mayor Brady, Council Members Do/eh, Klnesner, Kring, Nieholsoa, Pratt, Voetberg. Nays.-.None. Communication of City Manager recom- mending approval and execution of Purchase of Services Agreement with Project Concern/ Phone-A-Friend for the fiscal year beginning July 1, 1991 covering the City's financial pusttcipation in the Foster Cnondpamnt Program in the amount of $5,000.00, preconted and n~ad. Council Member Vontberg moved that the communication be received and filed and Agreement approved, Seconded by Council Member Nicholecn. Carried by the following vote: Yecs~Mayor Bredy, Council Members Do/ch, Klnesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Communication of City Manager recom- mending approval and execution of Purchase of Services Agreement with the Dubuque Area Labor-Management Council for the fiscal year beginning July 1, 1991 in the amount of $20,000.00, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Can/ed by the following vote: Yeas--Mayor Brady, Council Members Do/ch, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Communication of City Manager Zecluest- ing the Board of Health Chairperson be authorized to execute the Visiting Nmse Association's renewal application to thc lows Department of Public Health, presented and read. Council Member Voetberg moved that thc communication be received and filed and execution approved. Seconded by Council Member Nicholsom Carded by thc following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, ~Krieg, Nicholson, Pratt, Voctberg. Nays--None. Communication of City Manager request- ing authorization to publish the Environ- mental Review Findings for the Dubuque Corporate Business Park, presented and read. Regular Session, May 6, 1991 186 Council Member Vontberg moved that the communication be re:aired and filed. Seconded by Council Member Nichulson. Can/ed by the following vote: Ye,~---Mayor Brady, Council Members Do/ch, Kinusner, Krlog, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 153-91 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENV1RONMBNTAL REVIEW FINDING FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PRelECT Whereas, thc City of Dubuque ontele, d into a Grant Ag~mcnt for thc calendar year commencing January 1, 1991 with thc U.S. Department of Housing and Urban Devo/opment, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Wbereas, the City Council of thc City of Dubuque authorized on April 15, 1991 the filing of an applicati°n for a grant from the Economic Development Administration; and Whereas, pu~uant to the rules and regulations us promulgated by the U.S. Department of Housing and Economic Development and the Economic Develop- ment AdminisUmion, an environmental review has been processed for the hereinafter described projects proposed to be financed with Community Development Block Grant funds and EDA funds; and Whereas, on April 11, 1991, after due consideration, a determination was made that the project~ are not a major federal action significantly affecting thc qualRy of thc human environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Cie~k be and she is hereby authorized and directed to publish a Nolice of Finding of No Significant Effect on the Environtmnt for the following projects, and to make the Environmennd Review Record for said projects available for public inspection. Such notice shall be in the form of Exhi~/t "A" atlached hereto and mad~ a purr hereof. Dubuque Cmporate Business Perk Wm. C. Brown Company Section 2. That tbe City of Dubuque hereby deul$.,~ its intent to adopt a Resolution at its meeting of May 6, 1991 authodzlng the submission of a request to the U.S. Department of Housing and Community Development, and the Economic Development Admio/stmtion to ondenake thc project:~. Passed, approved and adopted this 6th day of May, 1991. James E. Brady Mayor Attest: Ma~y A. Davis City Clerk Council Member Vnetberg moved adop- tion of thc R~olution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Do/ch, Kluesner, Kriag, Nicholson, Pratt, Voctberg. Nays---None. Communicat/on of City Manager ~qnest. lng approval and execution of an amendment to the Ann~ Con.buttons Contract, with the U,S. Department of Housing and Urban Development (HUD) for Section 8 Program Existing Housing C~rfiflcates, presented and ~r~i. Council Member Voetberg moved that the communication be gecived and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yema--Mayor Brady, Council Members Do/ch, Kinesner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. lS4.gl A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED ANNUAL CONTRIBUTIONS CON- TRACT FOR SECTION 8 EXISTING HOUSING CERTIFICATES, PRO- GRAM NO. IA05-E087-O014 (REPLACING PROGRAMS NO. AND IAOS-E08?-O01 AND IA05-E087-O02) Whereas, contxacts for certain programs under the consolidated Annual Contributions Contract for Existing Housing Certificates are scheduled for expiration, in 1991; and Whereas, thc U.S. Department of Housing and Urban Development has extended these funding comm/tments through thc offering of an amended consolidated contract; and Whereas, the Dcparunent reqnires execution of tiffs con~act for the City's administration of these funds. 187 Regular Session, May 6, 1991 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute an amended Annual Contributions Contract. with the U.S. Department of Housing and Urbun Develop- meat. for Project No, IA05-E087-014, nndar Mnste~ Annual Contribuiluns ConUact No, KC-9004B, on behalf of tho City of Dubuque. fieollon :2. Tiffs Resolution shail t~ke effect immediately. Passed, approved and adopted this 6th day of May, 1991. Attest: Mary A. Davis City Clerk Sarans E. Brady Mayor Council Member Vo~tburg moved adop- tion of the Re~olution. Seconded by Council Member Nicholson. Carried by the following vote: Yens--Mayor Brady, Council Members Deich, Kluesncr, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Communication of City Man~ger recom- mending acceptance of Supplement No. 5 to the Cede of Ordinances of the City of Dubuque, presented and read, Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Ninholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesuer, Krieg, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 155-91 ADOPTING SUPPLEMENT NO. 5 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989 the City Council, pursuant to Ordinance No. 34-89, reedopted the Cede of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including December 19, 1988; and Whereas, since December 19, 1988, the City Council of the City of Dubuque, Iowa, has adopted cormin ordinancns amending the Codo of Ordinances and said amoedments have been printed as supplements to thc Code of Ordinances; and Whereas, Section 380.8 of the Cede of [ow.__~a provides that supplemun~-~ resolution, become part of the Code of Ordinancns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 5 of the Code of ordinances of the City of Dubuque, Iowa, coveting ordinances adopted by the City Council of the City of Dubuque, Iowa from August 21, 1990 through December 20, 1990, prepared by the Municipal Code Co~orailon, Taiinhassco, Florida, bere~ fried in the Office of the City Clerk of the City of Dubuque, Iowa, be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of May, 1991. Attest: Mary A. Davis City Clerk Jar~s E. Brady Mayor Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carded by the following vote: Yeas--Mayor Brady, Council Members Dulch, Kluesncr, Krleg, Nicholson, Pratt, Voetberg. Nays--None. Proofs o~ Publication ce~fied to by the Publisher advising copy of the Grantee Performance Report to HUD is on file at various City locations; advising of intent to file a Request for Rele~e of Funds for the following Community Development Block Grant Programs: Operation Paint Brush, Maintenance of Abandoned Vacant Buildings and Housing Project Incenilves, presented and read. Council Member Voetherg moved that the proofs of publication be received and fried. Seconded by Council Member Nichol~on. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesncr, Krieg, Nicholson, Pratt, Voetburg. Nays--None. Copy of communication of Coq:oration Counsel Lindahl to Coundl Member Nicholson submitting his opinion on possible conflict of interest for Council Member's employment by Robert Kehi c~ one of his boat companies, presented and read. Council Member Voetberg moved that~the communi- cat/on bo rec~ivad and filed. Seconded by Council Member Nichoison. Can/ed by the following vote: Yeas~Mayor Brady, Regular Session, May 6, 1991 188 Council Members Deich. Kluesnor, Krlag, Nicholson, Pratt. Voetburg. Nays--None. Communication of City Manager submit- ting Financial Repo~ for the month of March, 1991, presented and read. Council Member Voetburg moved that the communication be received and filed. Seconded by Council Member Nicholson. Ca~ried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesnsr, Kring, Nicholson, Pratt, Voetberg. Nays--None. Communication of Daninl Wemer advis- ing of his withdrawal on a request to vacate a portion or all of an undeveloped alley between Lorimor and Samuci Streets, in~sented and ~e~d. Council Member Voetbegg moved that the communication be received and filed. Seconded by Council Member Nicholaon. Carried by the following vote: Yens--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Prait, Voetberg. Nays--None. Petition of Attorney Brian J. Kaue, on behalf of Dubuque Bank & Trust Company, requesting vacation of the alley and vacation of a pottion of Central Avenue and 14th Street. presented and re~. Council Member Voetberg moved that the p~iltion be refened to the City Manager for investigation and ~eporC Seconded by Council Member Nicholsoa. Carried by the fofiowing vote: Yeas~Mayor Brady, Coundl Members Deich, Kluesnor, Kfiag, Nicholson, Pratt. Voetberg. Nays--None. Communication of City Manager recom- mending approval of Rive~iew Park Management Agreement with John and Mmy Miller and authmlze City Manager to execute agreement, presented and read, Council Member Voetberg moved that the communication be received and llled approved Agreement. Member Nichoison. Carried bl vote: Yens--Mayor Brady, Council Members Ddich, Khesner, Kring, Nicholson, Pratt, Voetherg. Nays--None. Communication of City Manager recom- mending the water extension request of John Nelson, 1080 Roosevelt Road, be referred to Fiscal Year 1993-97 Capital Impwvement Program pmcesa, presented and ~ad. Council Member Vcotberg moved that the communication be received and filed and referral approved. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Nichoison, Pratt. Voetbevg. Nays---None. Communication of Zoning Board of Adjustment Secretary advising of the urgency for appointment to the Zoning Board of Adjustment. presented and med. Council Mambur Voetberg moved that the communication be gceived and filed. Seconded by Council Member Ninholson. Canied by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krieg, Nicholson~ Pratt, Voetberg. Nays---Noue. There being no further business, Council Member Voetberg moved adjournment of the meeting, Seconded by Council Member Pratt. Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesnor, Kring, Nichoison, Pratt. Voetberg. Nays---None. Meeting adjourned at 12:02 ~.m. May 7, 1991. Mary A. Davis City Clerk Approved ~~' , 1992. Attest: ~ty Clerk 189 Regular Session, May 20, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, May 20, 1991. Council n~t at 7:30 p.m., Public Library Auc~tmtum. Present: Mayor Brady, Council Members Dulch, Kloosner, Kfleg, Nicholson, Pratt, Voetbarg, City Manager W, Kenneth Oanrhan, Corporntion Counsel Barry A. Liadahl. Mayor Brady read the call and stated this session is the Regular Monthly Mooting of the City Council called for the purpose to ect upon s~ch business which may properly come befoto ~be Council. Invocation wa~ given by Father 7hoto~ Zinkula, Associate Pastor of St, Columbidfie's Catholic Chutoh. Counall Member Nicholsun moved that the rules be suspended to allow anyone present to address the Council if they so desito, Se~x)nded by Council Member Vootberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kloosaer, Krleg, Nicholson, Prati, Voetbe~. Nays---None, Proof of Publication certified to by thc Publisher un Notice of Public Hearing to consider amendments to the Zoning Ordinance regarding Bed and Breakfast Homes, Bed and Breakfast Inns and Tour Homes; Communication of Robert Fisch, President of West 11th Street Ncighhorhood, submining thair concerns r~garding ~hc proposed Ordinanc~ and how it would affect their anighhorhood in the futura; Communi- cation of Wayce A. Norman slressing thc importance of the bcd and lav~akfast opera- tions to tbe growth of tourism in Dubuque; Communication of City Manager providing additional information from staff pertaining to proposed Ordinance; Pethion containing 24 signatures re, questing Hancock House be a/lowed to have nine rooms for bed and breakfast, Presented and read. Council Member Veetberg moved that the proof, communications and petition be received and filed. Seconded by Council Member Pralt. Cae'iud by the following vote: Yeas--Mayor Brady, Council Members Daiuh, Kluesnor, Krieg, Nicholson, Pratt, Voetberg. Nays=None, Paul Fitzgerald, Jim and Sulin Gross, Dou~ Spyrison, Ruth Nanh, Oil Spenun, Ann ~, DaSd S~w~, M~ M~g~w, M~ ~n, Soo Wflke, BiB E~ng, Ro~ B~it~ch, ~ss~ ~e Coun~ ~unsffng ~ p~s~ zoning ~xt ~end- ~nt ~ a~oved, An Ordinance arunnding Zoning Ordi- nanoo by amending ce~tatn sootions provid- ing for Bed and Breakfast Homes and Inns as Conditional Uses; and to amend Section 8, Definitions, in regard to Bed and Break- fast Homes, Bed and Breaiffant Inns and Tear Homes, said Ordinance having been presented and used at the Counofi treating of May 6th, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 40-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, TO AMEND THE SECTION 3-1.1(D)(I) IN R-1 SINGLE-FAMILY RESIDENTIAL, SECTION 3-1.2(D)(1) R-2 TWO- FAMILY RESIDENTIAL, SECTION 3-1.3(D)(2) R-2A ALTERNATE TWO-PAMILY RESIDENTIAL, SECTION 3-1.4(D)(S) R-3 MODERATE DENSITY MULTI- FAMILY RESIDENTIAL, SECTION 3-1.5(D)(2) R-4 MULTI-FAMILY RESIDENTIAL, AND SECTION 3-2.1(D)(2) OR OFFICE RESIDEN- TIAL DISTRICTS TO PROVIDE FOR BED AND BREAKFAST HOMES AND INNS AS CONDI- TIONAL USES; AND TO AMEND SECTION 8, DEFINITIONS, IN REGARD TO BED AND BREAK- FAST HOMES, BED AND BREAK- FAST INNS AND TOUR HOMES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~HE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, lowa be amended by revising Appendix A thereof, also known as the Zoning Ordinance of thc City of Regular Session, May 20, 1991 190 Dubuque, by repealing Section 3-1.1(D)(1) and enanting a new Section 3-1.1(D)(I) for bed and bl~eulr~ast homo in an R-I Sin~in Family Residential District aa follows: Sec. 3-1.1. R-1 Single-Family Residential District. (D) Conditional Uses 1. Bed and blwkfast home, p~ vidcd that: (a) The s~ucta~ is either regu- lated by the Historic Prescr- vmion Ordinance or is listed on thc National Register of Historic Places; (b) Tho useis maintained within an owner-occupied, single- family dwelling; (c) The slructarc has a midi- mum toad floor area of 4,500 squar~ foot, with not mo~o than one (1) slcepi~ ~m for each 7~ square feet of floor area, with a maximum of three (3) sleep- ing moms; (d) Signagu shah be limited to one (1) wnil-mountad sign not to exeeed six (6) ~uam feet in area, not internally illuminated, and with direct lighting only with sharp cut- off luminance; (e) Thc permit shall not license thc Property for rental as a private club, museum, or tour home; and (f) Parking shall be provided at a rate of one (1) space per guest room. Tbe parking shall bo provided on-site or on a st~ot frontage of the property, and should not intensify parking problems in the ncighho~ood. Se~lon 2. That the Code of Ordinances of the City of Dubuque, Iowa, be an~nded by zevising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, by repealing Section 3-1.2(D)(1) and enacting a new Section 3-1.2(D)(1) for bed and bxeakfast home in an R-2 Two- Family Residential District as follows: Sec. 3-1.2, R-2 Two-Family Resldcntial District. (D) Conditiesml Uses 1. Bcd and breakfast home, vidod that: (a) Tho structure is either regu- lated by tho Historic Preser- vation Ordinance or is liswxt on the National Register of Historic Places; (b) The useis maintained within an owner-occupied, singl~- family dwelling; (c) Thc structure has a mini- mum total floor area of 4,500 square feet, with not rno~ than one (1) sleeping room for each 750 squar~ feet of floor are~ with a nmalmum of five (5) sleep- ing rooms; (d) Signage shall be limited to one (1) wall-mounted sign not to exceed six (6) ~quam feet in m'ea, not intemnily illuminated, and with direct lighting only with sharp cut- off luminance; (e) The permit shall not licanso the property for rcnad as a private club, museum, or tour home; and (0 Parking shall be provided at a rate of one (1) space per guest room. The parking shall bo provideA ~-site or on a s~ct frontage of thc property, and should not intensify parking problems in thc naighboxhood. Section 3. That the Code of Ordinances of thc City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the Zoning Ordinance of tho City of Dubuque, by repealing Section 3-1.3(D)(2) and Chanting a now Section 3-t.3(D)(2) for bed and breakfast home in an R-2A Alter- natc Two-Family Residcntial District as follows: Sec. 3-1.3. R-2A Alt~rnat~ Two-Family Rcsidenfini Dislfict. (D) Coaditlonni Uses 191 Regular Session, May 20, 1991 2. Bed and Inuakfaat home, pro- vided that: (a) The structure is either regu- lated by the Histmic Preser- vation Ordinance or is listed on the National Register of Historic Places; (b) The useis maintained witi& an owner-occupied, single- family dwelling; (n) The structure h~s a mini- mum total floor area of 4,500 square feet, with not mom than one (1) sleeping mom for each 750 square feet of floor area, with n maximum of three (3) sleep- ing rooms; (d) Signngc shall be limi{ed to one (l) wali-moun~d sign not to exceed six (6) square fe~ in ~xee, not internally illuminated, and with dlieet lighting only with sharp cut- off luminance; (n) Thc pannit shall not license thc proparty for rental as a private club, museum, or tour home; and Parking shall be provided at a rate of one (I) space par guest room. The parking shall be provided on-site or on a sUeet frontage of thc preparty, and should not intensify parking problems in the neighbodlood. Section 4. That the Cede of Ordinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, aisc known as thc Zoning Ordinance of the City of Dubeqtm, by repaaling Section 3-1.4(D)(3) and enacting a new Suction 3-1.4(D)(3) for bed and Ix~kfsst hon-~ in an R-3 Medera~ Density Multi-Family Residential District as follows: See. 3-1.4, R;3 Moderate Density Multi- Family Residential District- (D) Conditional Uses 3. Bed and breakfast home, pro- vided that: (a) The slmcturc is either regu- lated by the Historic Preser- ration Ordinance or is listed on thc National Register of Historic Places; (b) The proparty has a full-tlnm resident owner or tusident manage~, (c) The sUuotm-e has a mini- mum total floor area of 4,500 square feet, with not mom than one (I) sleeping room for each 750 square feet of floor area, with a maximum of nine (9) sleep- ing rooms; (d) Signnge shall be limited lo one (1) sign par sUeet frontage, either wall- mounted or free-standing, not to exceed six (6) squam feet in area, not inu~nally illuminated, and with direet lighting only with sharp cut- off luminance; (e) Thc parmit shall not license the property for ronmi as a private club, museum, or toor hon~; and (f) Parking shall be provided at a rate of one (1) space par guest room. The parking shall be provided on-site or on a st~et f~ntage of the property, and should not intensify parking problems in thc neighborhood. Section $. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by revising Appandix A thereof, also known as the Zoning Ordinance of the City of Dubuque, by repealing Section 3-1.5(D)(2) and enacting a new Section 3-1.5(1))(2) for bed and breakfast inn in an R-4 Multi- Family Residential District as follows: Sec. 3-1.5. R-4 Multi-Family Residential District. (D) Conditional Uses 2, Bed and breakfast inn, provided that: (a) Tho stmcture'is either regu- lated by the Hisu~ic Preser- vation Ordinance or is listed on the National Register of Historic Places; Regular Session, May 20, 1991 192 (b) The propatty has n full-time resident owner or xcsidont mannger; (c) The sUucta~c has a mini- mum tomi floor m'ea of 4,500 square feet, with not mo~ than one (1) sleeping room for each 750 squa~ feet of floor area, with a maximum of nine (9) sleep- ing rooms; (d) $tgnnge shull be limited to one (1) sign, either wall- mounted or fme-standlng, not to exceed six (6) squa~ feet in erex, not internally illuminated, and with direct lighting only with sharp cut- off luminance; (e) The pannit shell not lieense the property for renmi as a private club. museum, or tour home unless approved by the B~anl; and (0 Parking shall be provided at a rate of one (1) space par guest reo~ Tho parking shall ho provided on-site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. Section ti. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by ~vising Appendix A thereof, also known m the Zoning Ordinance of the City of Dubuque, by repealing Section 3-2.1(D)(2) and enacting a new Section 3-2.1(D)(2) for bed and breakfast inn in an OR Office Residential DisUict as follows: Seo. 3-2.1. OR Office Residential District. (D) Condilionul Uses 2. Bed and breakfast inn, provided thai: (a) Thc stmctere is either regu- lated by the Historic Preser- vation Ordinance or is listed on the National Register of Historic Places; (b) The property has a full-time resident owner or resident manager;, (c) The structure ham a mini- mum tomi floor area of 4,500 square feet, with not mom than one (1) sleeping room for each 750 squamre feet of floor area, with a maximum of nine (9) sleep- ing rooms; (d) Signnge shall be limited to one (1) sign par street frontage, either wull- mounted or free-standing, not to exceed eight (8) sqnare feet in ama, not internally illuminated, and with direct lighting only with sharp cut-off luminance; (c) The parmit shall not license thc proparty for rentsl as a private club, museum, or tour home unless approved by the Boa~l; and (0 Parking shall be provided at a rate of fine (1) space par guest room. The parking shall be provided on-site or on a say. et frontage of the property, and should not intensify parking problems in the neighborhood. Section ?. That the Cede of Ordinances of the City of Dubuque, lows, be angnded by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, by repealing the definition of "bed and brealffast home" and enacting new deft- nitions for "bed and bseakfast home", "bed and breakfast inn", and "Rmr home" in Section 8 - Dclinitions, as follows: Se~ 8. Definitions: "Bed and brea~a~t home: A structure containing a single dwelling unit. which provides lodging and meals for overnight guests only. in which no more than five (5) sleeping rooms am available for guests and is the principal residence (as defined in the Int~al Revenue Code) of a parson owning not less than 30% of the fee tide to tho property. Each sleeping recto in a bed and breakfast hon~ shall be at least 140 square feet in area." "Bed and brea~ast inn: A structure con- mining a single dwelling unit with a full-time resident owner or resident manager which provides lodging and meals for overnight guests only and has no mo~ than nine (9) 193 Regular Session, May 20, 1991 sleepin 8 rooms available. Each sleeping shall be at least 140 sqan~ feet in "Tour home: A residence aseeily of major locni or mgienal instorical or architeoteral ~tercst visited mi a ~gulasly scheduled basis y an organization or tour company for a Section 8, That the forngoing ameedmsnt has beretofore been reviewed by thc Zoning Commission of the City of Dubuque, Section 9. This Ordinance shall take affect immediately upon publication as provided by law. Passed, approved and adopted this 20th day of May, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Published officially in the Telegraph Herald this 22nd day of Jane, 1991. Mavj A. Davis City Clerk It 6/22 Council Member Vo~tberg moved final adoption of the Ordinance, with specific exceptions (to use Planning Services recommendations of number of rooms etc.). Seconded by Council Member PratL C. anied by the following vote: Yeas--Mayor Brady, Council Member~ Dnich, Kluasner, Krieg, Nichoisoa, Pratt. Vccil~xg. Nays--None, Mr. David Bauer spoke and agreed with the amendments. Council rccessed at 8:52 p.m. Council reconvened at 9:06 p.r~ Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider approving a Conceptual Devalop- mcnt Plan for the Duhaquc Corporate Center PC Planned Commercial Distrct located at the southwest comer of Pennsylvania Avenue and the Northwest Arteilal, pt~ sented and xeed. Council Member Pratt moved that the proof of publication be received and filed. Seconded by Council Mumber Nicholson. Carried by the following vote: Yem--Mayor Brady, Council Members Dnich, Klncsner, lr~ng, Nichoison, Pratt, Voetborg. Nay~--Noee. An Ordinance an~nding Zor.4ng Ordi- neeen by approving a Conceptual Develop- ment Plan for the Dubuque Corlx~ato Center PC Planned Commercial Distrct located at the southwest comer of Pennsylvania Avenue and the Nm~hwest Arterial, said Ordinance having been presented and read at thc Council meeting of May 6th, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 41-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY APPROVING A CONCElYI'UAL DEVELOPMENT PLAN FOR THE DUBUQUE CORPORATE CENTER PC PLANNED COMMERCIAL DIS- TRICT LOCATED AT THE SOUTHWEST CORNER OF PENNSYLVANIA AVENUE AND THE NORTHWEST ARTERIAL Whereas, the City of Dubuque, owner and applicant, has filed a conceptual development plan for certain properdes hereinafter scribed in accordance with provisions of the PC Planned Commercial District regulations as sot forth in Section 3-3.8D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission has held a public hearing on said conceptual development plan pursuant to required pub- Eshed notice; and Whereas, the Zoning Commission has proved said conceptual devciopn~nt plan subject to specific conditions and restrcilons having found that said plan ~onforms with the review standards applicable to such plans as set forth in Section 3-3.8D(4) of the Code of Ordinances, Appendix A thereof, of the City of Dubeqnc, Iowa; and Whereas, the Zoning Commission has recommended the concurrence of the City Council and approval of said conceptual dcvniopment plan; a~d Whereas, thc City Council has received the xccommendation of the Zoning Commis- sion and has held its own public hearing on said conceptual development plan pursuant to required published notice; and Regular Session, May 20, 1991 194 Whereas, the City Council has approved said conceptual davelopmcnt pian subject to the sam~ specific conditions and restrcilcos. NOW, TI~REFORF~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~inn 1. That in order to accomplish the purposes of tho PC Harmed Comme~al Dis- Uict of the Zoning Ordinance of the City of Dubuque, Iowa, the concept~ development plan, a copy of which is aUeehed to and made a part bernof, is hereby adopted and approved for the following described Lot 2 of Lot I of Lot 2 A.C. Pfnld Place, and to the center linc of thc adjoining public right-of-way, all in the City of Dubuque, lowa. Section 2. That in order to accompilsh the purposes of the PC Planned Coran~mial Dis- trct and of the Zoning Ordinance, the property herein above described is subject to the following conditions and restrictions: A. Use reRniations. The following regulailoas shaB apply to all uses made of land in the above described PC Planned Commercial District: 1) Thc principal permitted uses shall be limited to: a) General office b) Medical office/clinio c) Dentul/mcdical lab d) Indoor restaurant, within primary ofllce building only e) Drive-up automated bank teller f) Basincss sc~ices, excluding janitorial services, carpet and upholste~ cleaning, painting and decorating, sign painting, and swimming pool maintenance g) Banks/savings and loans/ credit unions h) Office supply i) Indoor xcc~'anilonal facilities j) Priutlng~ubllshing k) Parking su'uctures 1) Group day care cente, r 2) The accessory uses shall be limited to any use customarily incidan~d and subordinate to the principal use. Outroor storage shall not be pem~tted. 3) All ol~ntroos and acilvitics associated with permitted ixlnclpni and accessory uses shall be conducted or main- tained within completely enclosed buildings except: a) Off-st~et parking b) Employee recreational facilities o) Dllve-up bank facilities d) Group day care center outdoor recacation space e) epee air restut~ant scaling B. Lot and bulk regulations. Develop- merit of land in this particular PC Planned Commercial District shall be regulated as follows: 1) Ail s~ucttu~s shall be a minimum of thi~y (30) feet f~om thc front properoj line ~j~g Penmylv~a Aven~, a ~mum of ~n~ (20) f~t ~m &e ~nt ~ H~ Mjoming ~ ~ht~f-way ~nt w~ch ~j~s ~c N~st ~fi~ ~d a ~nimum of t~nty (20) f~t ~om ~e ~nt ~o~ ~es ~joining ~y in~ 2) No building or structure built north of a line drawn niong the e~t-wost interior s~,et, as shown on the conceptual development plan map, and extending di- rtily eastward to the property line shall exceed fcaly (40) feet in height; no building or sU-notmo on the remainder of the property shall exceed sixty (60) feet in height. C. Paddn uirements. · 1) The off-st~.~t parking reqnire- merits for the ptinnipni permitted uses allowed in the berein described PC Planned Commercial Distslct shall be one (1) space for each three hundred fifty (350) square feet of floor ama, with the exception of any public r~staurant, which will provide one (1) space for every four (4) permanent seats plus one (1) space for e~ch employee on the maximum shift. Floor area will not include underground parking s~uctures. 2) The comt~uction of off-sUe, et pinking spaces may be phased in proportion to the percontuge of total building floo~ area consttnoted at any one time. Ground area set aside for future parking, or driveways or for parking provided in excess of the minimum requited number of parking spaces shall not 195 Regular Session, May 20, 1991 reduea the minimum reqni~l area for open 3) All parring, maneuvering and driveway areas shall be surbced with a minimum of either an eight (8) inch rolled stone base and mo and oea-balf (2 If2) inch usphnitic cooczeto met or a six (6) inch Portland cement concrete pavement. Proper drainage of storm water shall be provided. All parking spaces shell be delineated on the surfacing meteriel by palnled stripes c~ other permanent means. Widths and length of parking spaces shall be governed by appli- cable provisions of City of Dubuque ordi- nances enforced at the lime of development of the lot, 4) The number, size, design and location of pankiag spaces designated for handicapped (minimum 2% of total) and compact car parking (maximum 30% of to~) shall be according to local, state or federal reqnlren'~nts in effect at the time of development, $) The location of driveway inter- sections with public streets shall be estab- fished by the City of Dubuque. 6) No on-sheet maneuvering of sesvice vehicles for the purpose of leading or unloading will be allowed on any public street or cai-de-sac. D. Pedestrian area. 1) Pernumcnt hard surfaced walk- ways shall be installed and maintained for the purposes of pedestrian movement be- tween all parking areas and functioning entrances and exits of the buildings. 2) These interior walkways shell connect office park campus buildings throughout the development site as per a pedestrian access plan required as pm of the submission of the final site development plan. 1) Exterior illumination of the site shall be limited to the illumination of: a) Parking areas and driveways b) Pedesttian wclkway s refaces and entrances to building c) Belldin8 exterior 2) All exterior fighting shall be designed, installed and maintained so as not to cause direct glare or to shine into adjacent lots and streets. No light source shall provide illumination onto adjacent Iotz, buildings or streets in excess of six-tenths (0.6) foot candle. All exterior fighting luminaries shall be designed and installed to shield fight from the luminalre at angles above seventy-~vo (72) degrees from vertical. 3) Fixtures mounted on a building shall not be positioned higher than the roof line of the building. 4) Post or pole mounted free. standing fixtures shall not be higher than thirty (30) feet above the ~ound. F. U~tv location. 1) All electrical, telephone, tole- vision cable and other similar utility lines serving buildings and other site features shall be located underground. 2) All free-standing electrical trausformcrs, switohing gear, relay boxes, meters, air conditioning units, heat pumps, and other similar mechanical equipment shidl be located in positions which a~ shielded from view from adjoining public streets. Constructed fencing or walls and plant materiels mey be used to visually sc~en such mechanical equipment O. Trash collec6on areas. 1) All trash collection axles shall be visually screened from view. Thc screeding shall be a complexly opaque fence, wall, or other feature not exceeding a height of ton feet measu~d from the ground level outside the llne of the screen. Screen s~uctmes built on sloping grades shall be stepped, so that their top line shall be ho~zontel. Exposed meterials used to construct thc opaque screen shall be similar in appearance to metofials used for exterior building wells. Colors of the screen shall match those of thc building. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. Gates or doors facing a street frontage or the North- west Arterial shall be closed at all times other than when a vehicle or personnel are using the entrance for access to and from the screened arc~ 2) If a ton (10) foot high screen fails to shield the exterior trash collection area fi.om view from points inside or outside of the property, evergreen plantings may be required. Evergreen plant metefiuis shell be selected and designed so that they will screen the area from ell off-site visibility within five (5) years. In such cases, if initial Regular Session, May 20, 1991 196 plantings am of six (6) foot height or ~earor, the ~-xluirereonts for other opaque sc~anlng shall be omitted. H, n (level n andsca n. 1) No less than thirty-five (35) percent of the total development site shall be maluteined as open space. Open spa~ shall be defined as that paxt of thc site not devoted to buildings, structures, paxking or loading areas, driveways, or any principal or ancesze~ uses. 2) A landscape plan for the entire development site shall be required as pm of submission of the final site development plan, The landscape plan sh~ consist of landscaping standards for site design, plant- ings, and erosion control, as set forth in Attachment A of this Ordinance. 3) In open space areas, the instal lation of required planting meterlnis mey be phased in direct proportion to the phasing of building construction. 4) EnUy landscaping sbell be installed adjoining Pennsylvania Avenue in accordance with the landscape plan. 5) The area between thc paved public sUzet and thc right-of-way line shall be planted and maintained by the lot owner. 6) All parking areas shall be screened from public right-of-way in accordance with the landscape plan. ?) All exposed soil areus remaining after the construction of building and vehicle related features shall be planted with a pommncnt ground cover to prevent erosion. All other disturbed land which is not under cons~ncdon shall be seeded with appropriate temporary ground cover in order to reduce erosion, siltation and dust, 1. Storm water mana~emen~ I) The asea of watersheds after development shall remain thc same as pre- development watersheds, or as directed by the Public Works Department of the City of Dubuque. 2) The developer of each lot shall be responsible for providing surface or sub- surface conveyance(s) of storm water from thc lot to existing storm sewers or to the flowfinc of open dsainageways outside thc lot in a means that is satisfactory to thc Public Works Dapamuent of thc City of Dubuque. 1) The provisions of the City of Dubuqan Z~in80rd~nan~ and Sign Ordi- nanan apply tO ~e ~us~cfion ~d ~ of signs, u~ess fu~er ~g~a~ by ~ s~fion, 2) No off-~sc signs s~l ~ dlow~ in ~s pl~ disPeL 3) On-~se sigm. a) ~owabin ~nt, Sig~, ~ss~ ~d graphi~ sh~l ~ ~ m ~ following 1, Development Sign · ldeatification of this planned district · Identification of up to three (3) primary · Ideatificatian of com- pany name Identification of com- pany products or ser- vices generic name only · Street address · Graphic symbol or logo identi~ed with the corapany 3. Secondary Sign · Directional messages necessary fc~ thc safe and efficient flow of vehicular and pedes- trian traffic on the lot · Identification of visi- tor entrances to thc building, shipping and ~.ceiving docks, and othc~ delivery points · Identification of as- signed patidng spaces and handicapped ac- cessiblfity · Temporary announce- ments of pending or new construction Commemorative mes- sages 197 Regular Session, May 20, 1991 h) Maximum number of signs. 1. The numb~ of Develop* mcat Signs shall not exceed two (2) at squerc feet in area per sign or one (1) at 200 square feet in area for each sl~.~t entrance to this planned district. 2. Tbu number of Ih~-nery Signs shall not exceed two (2) for each build- ing, only one (1) of which shall be free, standing unless othcrwis~ ms~ic~. 3. No maximum number of Secondary Signs is established. Maximum area of sign panel. 1. No Development Sign shall exceed 200 square feet in aica, or 100 square feet ff two (2) signs/entrance are USed. 2. If a Prk*na~y Sign is building mounted, its total area shall not exceed ten pereent (10%) of wall parallel and/or closest to sti~et frontage, or ferty (40) square feet, whichever is less; how- ever, if a Priraa~ Sign is building moan[ed with thc Northwest Artefiel as tho governing street frontage, the maximum area shall not exceed eighty (80) square feet. 3. ff thc IMmmT Sign is free-standing, its maxi- mum area shall not ex- ceed eighty (80) square feet unless otherwise restricted; however, no free-standing Primary Sign shah be allowed along tho Northwest Artefiui frontage. No maximum cumulative area is established f~ Secondary Signs; how- ever, no single perma- nout Secondary Sign shall exceed six (6) square feet in erc~ 5. Tbu ama of doublc-feeed frc~stsnding signs shall only count one face for area determination. d) Allowable structural types. 1. Development Signs shall be free-steading only. 2. Primary and Seconda~ Signs may be mounted on exterior walls of buildings or may be fi-ee- standing. No signs shall be mounted on roofs or above any anve or para- pet of a building. All building moan~l signs shall be flush mounted on the well and no pro- jeetions beyond one (I) foot shall be allowed. The dctermlanlion of area of signs composed of scpurate elements shall be thc area of a rectangle that completely encloses all such ale* meats and/or corporate identification devices. e) Sign locations on lots. 1. Development Signs shall be located anywhere on the lot at any strcet entrance to the office pink davelopmeng how- ever, no sign shall be erected wfiifin the public righi-of-way or 10 feet visibiliP/ t~angle as required by Section 4-4.6(5) of thc ~oning Ordinance of thc City of Dubuqee, lowa. 2. Primary Signs may be loca~d only in the area enclosed by the street right-of-way linc, the fine formed by the street facade of thc building and the side lot lines. 3. Secondary Signs may bc located anywhum ou the lot and on any building facade. Regular Session, May 20, 1991 198 4. No signs may project in apace over a street fight- of-way llne or onto another lot. Height nsgulalions. 1. Free-standing Develop- ment Signs and their supporting sleeting(s) shell not be higher than ten (10) feet above adjacent ground level. 2. Building recanted Pti- ma~y Signs shall be installed below the anvc or parapet. F~ce-stamfing IMmar-/Signs and their supporting stsuctu~s shall not be higber than twenty-five (25) feet above adjacent ground level. 3. Freestanding Sccoadary Signs and their support- ing structu~(s) shall n~ ~ ~gh~ ~ five (~ f~t above ~ja~nt gwund level. B~ding mounted Secondary Signs s~ not ~ Mgbur &~ ~ght (8) f~t ~ve ~c ~d level at ~c b~ding. g) Lighting. 1. Development Signs may be illuminated only by means of indirect fight- ing whereby all light sources and dcvlces are shielded from view by materials or by internal illumination. 2. Primary Signs mey be ilhmianted by means of indirect lighting whereby all light soorees and devices arc shielded from view by opaque of translucent materials or by internal illumination. 3. Secondary Signs shall not be illuminated. h) Motion. 1. No signs may include any device or reeans, mechanical, elecuicnl, or natural, which shall cause any motion of the sign pund ~ auy part thereof. No flashing lights ot changing colors shall be allowed. K. Time limitafiom Appnsval of thc con- ceptoal development plan shell be valid for a period of three (3) years, provided that after the first year, if no final site devel- opment plan has been filed, the Commission or Council may ~luixe the re, submission of a conceptual development plan. If con- streeted in phases, a final site development plan shall be submitted for each phase. An extension of the time limitation may be granted by the City Council upon a showing of good cause. L. Transfer of ownership. Transfer of ownership or lease of propeaty in this PC Planned Comnw'relel DisMct shall include in the transfer of lease agreement, a provision that the pu~has~r or lessee acknowledges awuml'~ss of the conditions auth~izlng the establishment of this district. M. Site deve~an review. Final site devuiopm~nt plan(s) shall be submitted in aeeordance with Seetion 4-4 oftl~ Zoning Ordinance of the City of Dubuqne, Iowa and be approved by the Zoning Commission at a public mecting. The Zoning Commission must approve a final site developmant plan within thirty (30) days of the public meeting if the plan conforms with the conditions of thc approved conceptual devaloprnent plan. The fallm~ of the Zoning Commission to act within this 30-day period shall consfituta approval of the final site development plan, unless the applicant mqeests or agrees to an extension of this review period. Changes in the final site davelopmcnt plan that arc consistent with the puq~ose and intent of the Zoning Ordinance and thc approved concep- tual development plan may be approved by the Zoning Commission. No building pon-nits shall be issued of no annstoletlon may take place except in substantial conforffmnce with such plan, passed, approved and adopted this 20di day of May, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk 199 Regular Session, May 20, 1991 Published officially in the Telegraph Heraldthis 22nd day of Juun, 1991. Mary A. Davis City Clerk It 6[22 Council Member Pratt moved final adop- tion of the Ordinance as amended (elimina- tion of Section K, occupancy restrictions). Seconded by Council Member Nicholsoa. Carried by tho following vote: Yeas--Mayor Brady, Council Members Deich, Klueaner, Ktieg, Nicholson, Pratt, Vootber8. Nays--Noun. Proof of Publication certified to by the Publisher on Notice of Public Heating for un amendment of the cur~nt City budget, pre- rented and ruud. Tham were no written objections received and no end objectors present at the ilrm of the hearing. Council Member Voether8 moved that the proof of publication be received and filed. Seconded by Council Member Nicholson. Catrled by tho foHowtn8 vote: Yeas--Mayor Brady, Council Memhe~a Dnich, Kluesner, Krieg, Nichniaon, Pratt, Vunther8. Naya-~None. Be Il Resolved by Ihs Council st the CIly el Dut~te , ~owa: ,19..~.[._., Ihs current budget (as previously amended) is amended as sol GUI heroin and in the ~tj~[~ ~A~_"~ 218~223 , ........ Y.. ....... 7~ 122,76~. FY lggO carryovers~ [ndustr al Park ($370,000}, Ice arbor improvements ($990,477), -~e~T'Housing payments ($257,000}, ~wo~08 Loans [$Z,Z00,~0~"~-~y ($25~000)~ Kennel and Parking improvements aL 0og Track ($253.085), Rec cli.g Pilot Project ($95,375 , ' ' Y Regular Session, May 20, 1991 200 Council Mamber Voether~ moved ndop- lion of Reso~uilon No. 156-91. Seconded by Council Member Ninhdson. Canted by the following vote: Yeas---Mayor Brady, Council Memhe~ Dnich, Klun, sunr, Krieg, Nicholann, Pratt, Vcetberg. Nays---None. RE$OLUTION NO. 157-91 RESOLUTION AUTHORIZING THE PERMANENT TRANSFER OF FUNDS Whemus, thm~ is now in the hands of tho City Tm~sor~ the sum of $82,560 credited to the General Fund; and Whereas, them is now in the hands of the City Treasurer the sum of $64,775 credited to the R-IS (Downtown) Tax Ineremunt Fund; and Whereas, them is now in the hands of the City Treasurer the sum of $452,204 erediW. A to the Sales T~ Fund; and Whereas, them is now in thc hands of the City Tmusurer the sum of $202~780 credited to the Special Assessment Fund; and Whereas, them is now in the hands of tho City Treasor~ the sum of $89,293 credited to the Community Development Block Grant Fund; and Whereas, tham is now in the hands of the City Treasurer the sum of $215,460 credited to the UDAG Repayment Fund; and Whemsz, there is now in the hands of the City Treaanrer tho sam of $50,762 credited to thc Sanitary Sewer Construction Fund; and Whereas, there is now in thc hands of the City Tmasu~r the sum of $8,160 credited to the Water Cons~ucfion Fund; and Whereas, theme is now in the hands of thc City Treasurer the sum of $150,000 c~Aited to the Parking Opamting Fund; and Whereas, theme is now in the hands of the City Treasun~ the sum of $47,000 credited to tho Health Insurance Reserve Fund; and Whereas, theme is now in the hands of the City Treasurer the sum of $471,667 credited to the Sewer Operating Fund; and Whereas, it is desired to transfer $22,560 from thc General Fund to the Golf Course Cor~uedon Fund for thc Fiscal Y~ar 1~90 actoni golf course smplus; and Whe~us, it is desimd to mmafer $60,000 from the General Fund to the Tort Liability Fund to cover incmused premium expense; and Whereas, it is desi~d to Uunsfc~ $64,775 from the Tax lnesement Fund for thc down- town ama to thc Sunita~ Sewer Constmedon Fund ($2,127), the Community Development Block Grant Fund ($16,083), the General Fund ($39,319), and the Tax Inc~mont Reserve Fund ($7~.46) in order to pay back project expanse from TIF mevenues; and Whereas, it is dashed to transfer $452,204 of Sales Tax Revenue to tho SUeet ConsUuc- tier Fund for spenial ussessmont relief; and Where., it is desired to transfer $202,/80 from the Special Assessment Fund to the Sm:et Constmedon Fund for special assess- ments on the street program; and Whereas, it is desired to transfer $89,293 from thc Community Development Block Grant Fund to thc General Construction Fund for Phase III of the Industrial Park; and Whereas, it is desired to transfer $215,460 from the UDAG Repayment Fund to the General Constmedon Fund for Phase 111 of the Industrial Park construction; and Where., it is desired to trunsfer $50,762 from the Sunmty Sewer Construction Fund to the General Construction Fund for Phase II of the Industrial Park; and Whereas, it is desired to transfer $8,160 from the Water Coflstrucil~o Fund to the General Consmtotion Fund for Phase II of the Industrial Pa~k; and Whereas, it is deshv~d to transfer $150,000 from tho Parking Operating Fund to the Parking Construction Fund for Fifth Street Ran~ construction expense; and Whereas, it is desired to transfer $47,000 from the Health Insurance Reserve Fund to the Parking Consto~edon Fund for Fifth Street Ramp consrcnction expense (to he in the form of a loan); and Whereas it is desired to transfer $471,667 from thc Sewer Operating Fund to the Sanita~ Sewer Construction Fund to utilize tho legal sctflcn~nt payments for constrac- lion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 201 Regular Session, May 20, 1991 Section 1. Said sum of $82,560 from tho Genaral Fund, $64,775 from the Tax Inc~ment Fund for the downtown, $452,204 from the Sales Tax Fund, $202,780 from the Special Assessment Fund, $89,293 from the Community Devalopn~nt Block Grant Fund; $215,460 from the UDAG Repayment Fond, $50,762 fi'om the ~mita~y Sower Cunstsun- tion Fund, $8,160 from the Water Con- strnction Fund, $150,000 from the Parking Ol~rating Fund, $47,000 from the Health Insu~unco Re.rye Fund, and $471,667 f~m the Sower Operating Fund; that said sum as set forth above be and the same is hereby uaasferred to the Golf Course Construction Fund ($22,560), the Tort Linl~lity Fond ($60,000), the Sanitary Sowor Construction Fund ($2,127), the Community Development Block Grunt Fund ($16,083), the Chincxal Fund ($39,319), the Tax Increment Reserve Fund ($7,246), tho Street Constsoction Fund ($654,984), the General ConsUuction Fund ($363,675), the Paddng Construction Fund ($197,000), and the Sanitary Sewer Coastmotion Fund ($471,667), and thn City Finance Direotor is di~tnd to correct his books aocordingly. Passed, approved and adopted this 20th day of May, 1991. lungs E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voctberg moved adop- tion of the Resolution. Seconded by Council Member Nichol~on. Canied by the foilowing vote: Yeas---Mayor Brndy, Council Membe~ Deich, Riunmer, Kdeg, Nichulson, Prat~ Voetbarg. Nays~-Nonc. Proof of Publication ce~diled to by the Publisher on Notice of Plans and Specifice- lions fo~ the construction of Central Avenue A.C.C. Resurfacing Project from ! Ith Street to 20th Street, inesented and read. There were no written objections received and no oral objector~ present at tho time of the heating. Council Member IG-ieg moved that the proof of publication be received and · filed. Seconded by Council Member Klunsner. Canied by the following vote: Yeas--Mayor Bnaly, Council Members Ddich, K]unsunr, Kring, Nicholson, Pratt, Voetberg. Nay~None. RESOLUTION NO. 158-91 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whmvas, on tho 1st day of May, 1991, plato, specifications~ form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa, for the 1991 P.C. Conc~te Paving Projncl; and Wbenms, notice of hearing on plans, speciflcetions, form of con~rnct, and estimated cost was published as reqnimd by NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, sl~cifications, form of contract and nstimated cost are hereby approved as the plans, specifications, form of contract and e~limated cost for said improve- meats for said project. Passed, ndopW~i and approved this 20th day of May, 1991. Satins E Brady Mnyor Attest: Mary A, Davis City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Momber Klunanar. Cartied by the following vote: Ye4u~--Mayor Brndy, Council Members Deich, Kluesncr, Faieg, Nicholson, Pratt, Voetherg. Nay~None. Prcof of Publication ceritfied to by the Publisher on Notice to Bidders of the Receipt of Bids for project and communica- lion of City Manager recommending to award contract for project to River City Paving Co., presented and rend. Council Member Faieg moved thai thc proof of publication be received and filed. Seconded by Council Member Klnesner. Car~ed by the following vote: Yeas---Mayor Brady, Council Members Delch, Klunsunr, Kring, Nicholaon, Pratt, Vcetberg. Nays--None. RESOLUTION NO. 159-91 AWARDING CONTRACT Wbere~s, scaled proposals have been sub- mitted by contractors for the Central Avenue A.C.C. Resurfacing Project from 1 lth SUe~t to 20th Stxcet pursuant to Resolution No. 109-91 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 19th day of April, 1991; and Wbere~, said sealed proposals were opened and read on the 7th day of May. 1991 and it has been determined flint the bid Regular Session, May 20, 1991 202 of River City Paving - Division of Mathy Comm~ction Company of Dubuque, Iowa in the amount of $183,11L20 was the lowest hid for the furnishings of all labor and ma~mials und performing the work as vidad fo~ in the plans and specifications. NOW, TIH~REFORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the conUnct for the above improve- ment be awanqed to River City Paving - Division of Mathy Coastraclion Company, subject to the concurrence of the Iowa Department of Transponatic~, and the Manager be and is hereby directed to exccete a contract on behalf of the City of Dubuque for the complete performance of the work, BE IT FURTHER RESOLVED, that upon the signing of said ccotract and thc approval of the conUactor's bond, the City T~aanrer is authorized and iasUunted to remm the hid deposits of the unsuccessful hiddars. Passed, aplnovnd and adopted this 20th day of May, 1991. Jon~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Faiag moved adoption of the Rasolutio~ Seconded by Council Membea' Klucsner, Carded by the following vote: yea~---Mayor Brady, Council Membe~ Deich, Klunsunr, lC-leg, Nicholson, Pratt, Voetherg. Nays--None. Cormuunication of Zoning Commission advising of their approval of a text amendment to the Zoning Ordinance that would create the nC Office Coramercial District, presen~d and ~ead. Council Member Voetbetg moved that the communication be received and filed. Seconded by Council Member Krleg. Cartlnd by the following vote: Yeas--Mayor Brady, Council Members Deich, Klunsnor, Kdeg, 'Nicholaon, Pratt, Voetbe~g. Nay~-~None. An Onllnunco amending Zoning Ordi- unnce by adding a new Section 3-2.3 providing for an nC Office Commercial Dis~ict, presented and reatd. Coun~l Member Voetberg moved that this be considered the first reading of the Oldinance, and that the reqniren~nt that a proposed Ordinonco be considered und voted Go for passage at two Cooncil 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 3rd day of June, 1991 at 7:30 p.m. and that the City Clerk publish notice in the nmmar prescribed by law. Seconded by Council Membe~ Voeth~g. Canied by the foilowing vote: Ycas~Mayor Brady, Cooncil Members Deich, Kluesner, Kfiag, Nicholaon, Pratt, Vcethe~g. Nays--None. Communication of Zoning Commission advising of their approval to amend the conceptual davalopmcet plan to allow the construction of a fourth deck to the pm'king ~mp located on Third Street near Walsh Street m requnstsd by Finley Hospital, presented and rend. Council Member Kluesner moved that the communication be received and fred. Seconded by Council Marob~ Pratt. Canied by the foilowing Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nichoison, Pratt, Vcotberg. Nays--None. An Ordinance providing for the anacod- ment of O~inonce No. 29-86 which Ordi- nance estabilshnd a conceptual development plan for the Finley ID laslitutional Disuict, presented and ~ui. Council Member Klunsner moved that this be considered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be sus- panded and ftulher moved that a public heating be held on the proposed Ordinance on the 3rd day of June, 1991 at 7:30 p.m, in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Kdeg, Nicholson, Pratt, Voetbeig, Nays--None. Commonicatioa of Zoning Commission advising of their approval to amend the Zoning Ordinance that would establish a 60~ day period in which the Zoning Commission must act on rezoning and text amendment requests and n 90-day period in which the Council must act on these same requests and also exempting City-owned property and righis-of-way from the calculations of property ownel~ objecting to rezonings which will add language ailowing reqnixed notification beyond 200 feet in exceptional circumstances, prosented and re.~ Council Member Vc~tberg moved that the communi- cation be received and filed. Seconded by Council Member Nichulson. Canied by the following vote: Yeas--Mayor Brady, 2O3 Regular Session, May 20, 1991 Council Members Dcieh, Riucsner, Kzing, Nicholson, Pratt. Veetb~g. Nays--Non~ .A,n Ordnance providing that the Zoning Ordnance by amended by adopting new requirements in lieu thereof pertaining to Zoning Commission Review of Zoning Reclnss~fications; Notification within 200 feet and City Council review for zoning reeeassifications; and Zoning Commission and City Council review for text amendments, presented and read. Council Member Veetberg moved that this be cou- sidered the first reading of that it be amended to remove nil re£erouca to (90 day) Council limitetiuns, and that the requirement that a proposed Ordinance be ounsidcred and voted on for passage at two Council meetings prior to thc meeting at which it is to be finally adopted be suspended and further moved that a public hearing be heed on the proposed Ordinance on thc 3rd day of Sune, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish notice in thc manner prescribed by law. Seconded by Council Member Nicholson. Canied by the fofinwing vote: Yeas---Mayor Brady, Council Members Deich, Klansncr, Kriag, Nicholsou, Voutberg. Nays---None. Communication of City Manager submit- ting documents providing for the bidding procedems for thc 1991 Asphalt Paving Program, presented and read. Council Member Voutberg moved that the communi- cation be received and filed, Seconded by Council Member Nicholson. Canied by thc following vote: Ye~z--Mayor Brady, Council Members Dnich, Kluesner, Kring, Nicholson, Pratt, Veetberg. Nays--None. RESOLUTION NO. 160-91 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form o£ contract and estimated oust for the 1991 Asphalt Paving Project, in the estinmted amount of $330,874.89, are hereby approved and ordered filed in the office of the City Clerk for public impection. Passed, edopted and approved this 20th day of May, 1991. James E. Brady At.st: Mayor Mery A. Davis City Clerk Council Membe~ Voutberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Canied by the following vote: Yens--Mayor Brady, Council Members Dnich, Kluesner, Faieg, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 161-91 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of thc City of Dubuque, lows has given its preliminary aFproval on the prop~ed plans, specifi- cations, and form of conuact and placed snme un file in the office of the City Clerk for public inspection of the 1991 Asphalt Paving Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of June, 1991, a public hearing will be heed at 7:30 p.m. in thc Public Library Auditorium at which time interested perseus may appear and be heard for or against the proposed plans and ~pucifications, form of contract and cost of said improvement, and the City Ci~rk be and is hereby directed m canse'a notice of tin~ and place of sech hearing to be published in a ncwspeper having gunerni circulation in the City of Dubuque, lows, which notice shnil be not less than foor day~ nor mom than twenty days pilor to the day fixed for its ounalderation, At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Paesed, adopted and approved this 20th day of May, 1991. James E. Brady Attest: Mayor Ma~ A. Davis City Clerk Council Member Voutberg moved adop- tion of the Resolution. Seconded by Council Member Nichnison. C~rried by the following vote: Yens--Mayor Brady, Council Membe~ Dnich, Rieesner, Kriog, Nicholson, Pratt, Voutberg. Nays--None. Regular Session, May 20, 1991 204 RESOLUTION NO. 162-91 ORDERING BIDS NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE~ IOWA: That the 1991 Asphalt Paving Project is hereby ordered to be advertised for bids for BE IT FURTHER RESOLVED, that the amount of th~ secmity to accompany each bid shall be in an amount which shah ounform to the provisions of the notice to bidders hereby approved ns a part of the plans and specifications heretofore adopted. That the City Clcxk is hereby directed to advertise for bids for the ounstrection of the improvements heroin provided, to be pub- lished in a newspaper having genera] circulation in the City of Dubuque, lows, which notice shall not be less than four days nor more than twenty days prior to the ~ceipt of said bids at 2:00 p.m. on the 5th day of June, 199L Bids shall be opened and read by the City Clerk st ssid ~ and will be submitted to thc Council for flnee action at 7:30 p.m. on the ITth day of Jane. 1991. Passed, edop~d and approved this 20th day of May, 1991. Jan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved edop- fiou of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas---Mayor Bredy, CoUncil Members Deich, Kluesncr, Kriag, Nicholson, Pratt, Voetberg. Nay~Nonc. Communicmion of City Manager submit- ting documents providing for the bidding procedures for the reconstruction of an existing s~m sewer in Sheridan Road between Peru Road and Davis Avenue, presented and ~qd. Council Member Kluesner moved that the oummanicatiou be received and filed. Seconded by Council Member Nicholson. Carried by the foilowing vote: Yeas--Mayor Bredy, Council Members Dnich, Kluesner, Kriag, Nicholsou, Pratt, Voetberg. Nays---None. RESOLUTION NO. 163-91 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUEUQUE, IOWA: That the purposed plans, specificatiuns, form of contract and estimated oust for the Shmidun Road Stc~n Sewer ReconsUuction, in the estimated amount Of $91,520.88, are hereby approved and erdered filed in the office of the City Clerk fer pubilc inspection. Passed, adopted and approved this 20th day of May, 1991. James E. Brady Mayor Attest: Mary A. Davis City Cierk Council Member Kluesner moved adop- tion of the R~olution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kriog, Nicholsou, Pratt, Voetberg. Nays---None. RESOLUTION NO. 164-91 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Wi~reas, thc City Council of the City of Dubuque, Iowa has given its preein*~nary approval on thc proposed plans, sprciilca- lions, and form of cemract and placed same on file in the office of the City Clerk for public inspection of the Sheridan Road Storm Sewer Reounstrection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of June, 1991, a public hea~ng will be held at 7:30 p.m. in the Public Library Auditorium at which llme 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 Ci~rk be and is hereby directed to cause a notice of tin~ and place of such hearing to be published in a newspaper having general circulation in the City of Dubuqtm, lows, which notice shall be not less than foer days nor moro than twenty days prior to the day £~.~d for its consideraticm. At the hea~ng, any interested person may appear and ~e objections to the proposed plans, specifications, contract, or estimated cost of the impmvcmout. 205 Regular Session, May 20, 1991 Passed, adopted and approved this 20th day of May, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Klunsnur moved adop- tion of the Resolution: Seconded by Council Membur Ntcholson. Curried by the following vote: Yens---Mayor Brady, Council Members Deich, Klunsanr, Kfieg, Nichulson, Pratt Vcetberg. Nays---None. RESOLUTION NO. 165-91 ORDERING BIDS NOW, THERI~ORE, HE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That thc Shexidan Road Stonu Sewer Recons~ction is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the ~cesity to accompany each bid shall be in un amount which shall conform to thc provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby dhected to ,advertise for bids for the construction of the ]mprovemunts berein provided, to be pobl- ished in a unwspaper having general circela- lion in the City of Dubuque, Iowa. which notice shall not be less than four days nor mo~ than ~renty days prior to the receipt of said b~ds at 2:00 p.m. on the 6th day of June, 1991. Bids shall be opened and read by the City Cleth at said time and will be snbmit~i to the Council for final action at 7:30 p.m. on the 17th day of June, 1991. Passed, adopted and approved this 20th day of May, 1991. James E. Brady Attest: Mayor Mary A. Davis City Clerk Council Member K]uesner moved adop- tion of the Resolution. Seconded by Council Member Nicholsun. Carried by the following vote: Yens--Mayor Brady, Council Members Dcich, Xiunsunr, Krlog, Nicholson, pra~ Vuntberg. Nays---None. Bonrd and Commission Appointments; Mechaniczi Code Board--Six vacancies: Two terms thai will expire 3-16-92 (must be Refrigeration Contract and Refrigeration Worker); Two Terms that will expire 3-16-93 (must be Sheet Metal Worke~); Two team that will expire 3-16-94 (must be Pipofltters). Applicants: Refrigeration Contractor---Paul S. Breshaw;, Sheet Metal Wurkets--Tom W. Gie~e, David W. Grothe; Pipofitter--Harlan Willenborg. Council Member Kluesner moved that ail the above individuals be appointed to fill their respective slots and terms. Seconded by Cooncil Member Pratt. Carried by the following vote: Yeas~Mayor Brady, Council Members Deich, Kluesner, Kriag, Nicbebon, Pratt, V~etberg. Nays-None. Upon vote it w~ resolved that Paai Brashaw (Refrlg. Con.), Tom GleBe (Sheet MeUil Worker), David Grothe (Sheet Metal Wurker) and Haslan Wiilunberg (Pipefitter) be appointed to the Mechanical Code Board for terms that will expire March 16, 1992, March 16, 1993 (Giese & Grothe) and March 16, 1994, respectively. Zoning Boa~ of Adjustment--One uunx- pired term which will expire 3-2~-93; One five year term which will expire 3-2~-~6. Applicants: Jan~es W. Banerly, Steven D. Battmaun II, Alice Martin. Vote on the appointments was as follows: Mayor Brady voted for Bartmann and Martin; Council Member Delch voted for Bunerly and Mar~n; Council Member Kinesner voted for Baucrly and Ma~in; Council Member Krleg voted for Bunerly and Mania; Council Member Nicbol~on voted for Bancily and Martin; Council Member Pratt voted for Bauerly and Ma~n; Council Member Voctber~ voted for Ba~nn und Martin. Therefore, Alice Martin was appointed to a term that will expi~ March 2~, 1996, and James Banerly to a term that will expire March 25, 1993. Council Member Kinesner moved that Council Members Mike Pratt and Katie Krleg be appointed to the Greater Dubuque Development Corporation (GDDC). Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members D~ch, Klunsner, Krlng, Nicholson, Pratt, Voetherg. Nays--None. Petition of David Rusk, Chairman of Tri- State Community 2000 Steeflng Committee requesting te address the Council to give update on Visioning process, presented and read. Mr. Rusk spoke, updating .the Regular Session, May 20, 1991 206 Visioning ~ Council Member Klor. snes moved that the potiilon be received and filed. Seconded by Council Mambur Nicholson. Canied by the following vote: Yens--Mayor Brady, Cmmcil Members Deieh, Klunsnur, Kring, Nicholson, Pratt, Vcotberg. Nays--None. Rcp~sentatives of the Dubuqun Hura~n Rights Commission and Consmretivc Inte- gration Task Force IXeSunfing product of thc Constructive Integnttiun Task Force enfided "We Want to Change" sad communication of the City Manager reunnm~nding that the City Council ~eceive, endorse and suppo~ the "We Want to Change" Han in concept and authorize and dh~ct thc City Manager and Human Rights Cotm~esion, working with tho Cons~-ective Integration Task Foreo, to develop for City Council action an implon~ntation plan, p~esceted and rend. Roger Maiers, of the Human Rights Commission, David Robe~s Sr., Claudette Curter Thorans spoke positively in support of the "We Want to Change" Plan, David Ha~tg, 1255 Southern Ave., and anothe~ citizen objected to any subsidizing of this with public funds. Council Member Pratt moved that thc communication be recelvad and filed and directed City Manager to work with the Hunmu Rights Commission and CITF to develop Council ~ction of an implementation plan. Seconded by Council Member Nicbolson. Carried by the following vote: Yea~--Mayor Brady, Council Members Kluesner, K~ng, Nicholson, Pratt, Vcetbe~g. Nays--Council Member Deich. Communication of City Manager submit- ting amendments to the Residential Housing Code and ~uesllng Cunncil adoption of said amendments; Communication of Roger Malers, Chalxparson of Hunmn Rights Commission, advising that the Cornn~ssion supports this proposed Ordinance; Communicadon of Eldon Digman, Digrunn Realty Associates, Inc. objecting in part to proposed Ordinance; Communication of Mark Noble objecting to the proposed changes in the current Housing Code; Petition containing approximately 200 siguntmes objecting to proposed amendments to thc Ordinance, presented and read. Council Member Voetberg moved that the communications and petition be received and filed. Seconded by Council Member 14~ing. Canled by the following vote: Yeas--Mayor Brady, Council Membe~ Dcich, Klncsner, Kring, Nicholson, Pratt, Voetberg. Nays~--Noun. Attemey Robert Day, repmzenting land- lords, Attorney Gary Norby, representing Dubuqun Boasd of Realtors, Dorothy Johnson. Tom Swift, Phil Wulfekubie, Tom Howe, Chuck l~enben, and Carol Copoland, spoke objecllng to the Ordinance ns proposed. An Ordinance amending Chapter 26, Housing Rnguladuns by amending seve'~'zi sections of Section 26, p~sonted and read. Council Member Vcetberg moved that this be onnsidared the first rending of the O~diannce only and refer it bank to staff. Seconded by Council Member gxiag. Vote on the motion was ns follows: Yeas--Mayor Brady, Council Members Pratt, Vuntberg. Nays-Council Members Doieh, Kinnsner, Kridg, Niebolson. Motion failed. (OFFICIAL PUBLICATION) ORDINANCE NO 42-91 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, CHAPTER 26, HOUSING REGULATIONS, BY AMENDING SECTION 26-2(b)(2)a BY REPEALING PARAGRAPH a RELATING TO THE DEFINITION OF CLASS A DWELLING UNITS AND ADOPTING IN LIEU THEREOF A NEW pARAGRAPH a RELATING TO THE DEFINITION OF CLASS A DWELLING UNITS; AMENDING SECTION 26-2(b)(2)b BY REPEALING PARAGRAPH b RELATING TO THE DEFINITION OF CLASS B DWELLING UNITS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH b RELATING TO THE DEFINITION OF CLASS B DWELLING UNITS; AMENDING SECTION 26-2(b)(3) BY REPEALING PARAGRAPH (3) RELATING TO THE DEFINITION OF ROOMING UNITS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH (3) RELATING TO THE DEFINITION OF EFFICIENCY UNITS; AMENDING SECTION 26-2(b)(4) BY REPEALING PARAGRAPH (4) RELATING TO THE DEFINITION OF EFFICIENCY UNITS; AMENDING SECTION 26-2(c) BY ADOPTING A NEW PARAGRAPH (6) RELATING TO THE DEFINITION OF REQUIRED BATHROOMS; AMENDING SEC- 'lION 26-2(¢) BY ADOPTING A NEW PARAGRAPH (7) RELATING TO THE DEFINITION OF EXIT; AMENDING SECTION 26-2(c) BY 207 Regular Session, May 20, 1991 ADOPTING A NEW PARAGRAPH (g) RELATING TO THE DEFINI- TION OF EGRESS; AMENDING SECTION 26-10(a)(3)c BY REPEALING PARAGRAPH c RELATING TO REQUIRED BATH- ROOM AREAS AND ADOPTING IN LIEU THEREOF A NEW PARA- GRAPH c RELATING TO RE- QUIRED BATHROOMS; AMEND- ING SECTION 26-10(b)(3)f BY REPEALING PARAGRAPH f RELATING TO REQUIRED BATH- ROOM GROUP AREAS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH f RELATING TO REQUIRED BATHROOMS; AMENDING SECTION 26-10(d)(3)b BY REPEALING PARAGRAPH b RELATING TO PASSAGEWAYS IN REQUIRED BATHROOMS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH b RELATING TO PASSAGEWAYS IN REQUIRED BATHROOMS; AMENDING SEC- TION 26-10(e)(3)a BY REPEALING PARAGRAPH a RELATING TO REQUIRED HF~TING FACILITIES AND ADOPTING IN LIEU THERE- OF A NEW PARAGRAPH a RE- LATING TO REQUIRED HEATING FACILITIES; AMENDING SECTION 26-10(h)(3)d BY REPEALING PARAGRAPH d RELATING TO REQUIRED BATHROOM AREAS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH d RELATING TO REQUIRED BATH- ROOMS; AMENDING SECTION 26-10(k)(3)b BY REPEALING PARAGRAPH b RELATING TO EGRESS CORRIDORS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH b RELATING TO EGRESS CORRIDORS; AMENDING SECTION 26-10(k)(3)e RELATING TO EGRESS WINDOW REQUIREMENTS AND ADOPTING IN LIEU THEREOF A NEW SUBSECTION e RELATING TO EGRESS WINDOW REQUIRE- MENTS; AMENDING SECTION 26-10(k)(3) BY ADOPTING A NEW SUBSECTION f RELATING TO EGRESS WINDOW REQUIRE- MENTS; AND AMENDING SEC- TION 26-10(n)(9) BY REPEALING PARAGRAPH (9) RELATING TO SMOKE DE~ECTORS IN ROOMING UNITS AND ADOPTING IN LIEU THEREOF A HEW PARAGRAPH (9) RELATING TO SMOKE DETEC- TORS IN CLASS B UNITS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Seetion 26-2(b)(2)a of the Code of Ordinances, City of Dubuque, Iowa is hereby repealed. Section 2. The following new Section 26-2(b)(2)a is hereby adopted: $. Class A Unit: Dwelling unit with full facilities for private, human habitation, including sleeping, cooking, and private sanitation facilities. An efficiency unit is intended to be a Class A Unit. Section 3. Section 26-2(b)(2)b of the Code of Ordinances is hereby repealed. Section 4. The following new Section 26-(b)(2)b is hereby adopted: b. Class B Unit: Dwelling unit with facilities for Inivate human habitation, including living and sleeping facilities, but excluding cooking facilities. Sleeping rooms and dormitory rooms are Class B Units. Se~lon S. Section 26-2(b)(3) of the Code of Ordinances is hm-eby mpenied. Section 6. Tho following new Section 26-(b)(3) is he. by adopted: (3) Definition of Efficiency Unit: A dwelling unR having no fewer than two separate rooms, one for sleeping and cooking facilities and one fei' private sanitation. Section 7. Section 26-2(b)(4) of the Cede of Ordinances is hereby repealed. Se~inn 8. Section 26-2(c) of the Code of Ordinances is an~nded by adopting the following new paragraph (6): (6) R~ui~d Bathroom: A bathroom con- tnining all facilities and mcefing all mqniren~nCl under Subsection 26-10(b)(2), "Acceptability Criteria". Section 9. Section 26-2(c) of thc Code of Ordinances is amended by adopting the following now paragraph (7): (7) Exit: A continuous and unobstruc~l means of egress to a public way; incIuding intervening aisles, doors, doorways, conidors, exterior exit balconies, ramps, stairways and exit pessageways. Regular Session, May 20, 1991 208 Se~lon 10. Suetion 26-2(c) of tbe Code of ordinauces is ~uuendnd by foHo~ ~w ~ (8): (8) ~: A ~n~n~ua ~ of ~vel ~m ~Y ~nt in a ~l~ng ~ s~c~, &e ~n ~ ouUi~, at g~e level; ~is~s of: 1) ~e way of e~t ~o e~g ~d 3) ~o ~s of d~ch~ge ~m S~[~ 11. S~on ~-t~b)(3)c of C~ ~ ~n~s is ha~by ~. Stolon 12. T~ follo~ng uew ~on 26-10(b)(3~ is he,by ~op~: c. Tbe ~ ~m s~l have at l~t o~ (l) ~bin ~ow ~ o~r ~ ex~ust von~a~ w~ch must vent to &e ~ido of ~ u~t. S~inn 13. ~ 2~10~)(3)f of C~ of ~ln~s is ha~by S~lon 14. T~ fellowes uew ~on ~-10(b)(3)f is ha~by ~: L ~e ~ ~m must ~n~ by a ~eu~y ins~ light S~inn 1S. Sec~on ~-10(d~3)b of C~ of ~in~s is he,by S~lon 16. T~ follo~ng new ~on ~-10(d)(3)b is be~by ~op~d: b. ~: Thc ~ ~d ~y ~er wa~ ain,t sh~l n~ ~ us~ ~ ~e only ~sagoway ~y habi~bin ~ h~, ~mont or ~li~, ~ ~ ~ ex~fi~ of ~o Sm[on 1~. S~ ~-l~e)(3)a of C~ of ~in~S is he.by ~. S~lon 18. ~e follo~ng new ~on ~ H~ng f~es sh~ ~ o~e of su~l~ng a ~m~ of 68 de~s F, m~ at 36 inc~s a~ve inane w~, in eve~ ha~in S~inn 19. Scc~on 26-10(h)(3)d of C~ of ~in~s is ha~by ~. Stolon 20. T~ fo~o~ug new ~on 26q~h)(3~ is he.by ~: d. All wa~r olocet corapartmonta, in addition to the tequi~ed bathroom, shall have at least one (1) oponable window or otb.er adequa~ exhaust ventilation, es per Sue- Se~inn 21. Section 26-10(kX3)b of the Code of ordinaune is hereby reI~-~l~. Section 22, Tho following new Section 26-10(k)(3)b is hereby adopted: b. Egress may be into a corridor , having two (2) separate directions of U:avcl to exits. Se~[on 23. Section 26-10(k)(3)e of the Code of O~dinances is hereby repealed. i 24, The following new Section 26-10(k)(3)e is hereby adopted: e. In units in which windows are the approved second means of e§ress i.e., in which them is no second door ce stairway providing egress, minimum standards for egress windows shall apply. Minimum ~tandards for egress windows are es follows: L Every sleeping room shall have at least one opeueble window having a mini- a net cie. ar opening of 3.5 square feet. 2. The ~lnired egress window shall have a minimum net clear opening height dimension of 24 inches and a mini- mum net clear opening width dimension of 20 inches. 3. The ~lnired e~ress window have a finished sill height of no mere than 44 inches above the finished floor. 4. Any new or replacement egress windows shall, in addition to meeting the requirements at Subsection 2~-10(k)(3)el-3, have a minimum net clear opening of 5.7 square feet. Section 28. Section 2~-10(k)(3) of the Code of Ordinances is arr~ndad by adopting the following new Subsection f: f, In lieu of n~ting the minimum agmss window ~qnimn-~nts at Subsection 26-10(k)(3)e, an acceptable life safety nitemndve must be: 1. An exit directly to the outside air from the unit. 2. If the alternative exit is an interior stairway, it must serVe only that one unit. 209 R__egular Session, May 20, 1991 3. if thc interior stairway serves mom than one unit, it must be enclosed with material having a fire-resistive rating of one hum', with fire doors protecl/ng ail stnirway opunin~. 4. Any exit corridor serving as access to exits must also have a one-hour fire resistive rating. 5. There must be no more than 35 feet of Iravei distance to reach the exit, from the enmmne door of any dwcliing unit. Section 26. Section 26-10(n)(9) of the Code of Ordinances is hereby repealed. Section 27. The following new Sectiot 26-10(n)(9) is hereby adopted: (9) In efficiency units and in Class B units, smoke: detectors shall be located inside the unit. Section 28. This Ordinance shall take effect immediately upon publication. Passed, approved, and adopted this 20th day of May, 1991. James E. Brady Attest: Mayor Mazy A. Davis City Clerk Published officially in the Telegraph Herald this 22nd day of June, 1991. Mazy A. Davis City Clerk h 6/22 Coancli Member Voetberg moved that the Ordinance be amended, teklng staff recom- mendation up to and including //8, and moved that this be conaldered the first reading of the Ordinance, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and further moved final adoption of the Oldinance, es amended. Seconded by Council Member Krleg. Can/ed by the following vote: Yeas---Mayor Brady, Council Members Dnich, Kinesner, Kfieg, Nieholson, Pratt, V~etherg. Nays---None. Couneil recessed at 11:32 p.m. Council mconvaned at 11:47 p.m. An Ordinance providing for the amend- ment of Ordinance No. 5-79 which onfinance established Warren Plaza as a Planned Unit Development in a C-6 Planned Commercial District, said O~dinance having been given the first and second readings on April 15th, tabled at the meeting of May 6th, presented for final action. Council Member Deich moved that the Ordinance be removed from the table. Seconded by Coancil Member PratC Cmried by the following vote: Yeas--Mayor Brady, Council Members Deich, Klnesner, Kfieg, Nicbolson, Pratt, Voetberg. Nays---Noan. (OFFICIAL PUBLICATION) ORDINANCE NO. 43-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE AMENDMENT OF ORHI- NANCE 5-79 WHICH ORDINANCE BSTABLISHED WARREN PLAZA AS A PLANNED UNIT DEVELOP. MENT IN A C-6 PLANNED COMMERCIAL DISTRICT Whereas, Hy-Vec Food Stores, Inc., applicant, has filed an applicetion for approval of an amended conceptual develop- ment plan in aceordanee with pwvisiuns of the PC Planned Commercial Disuict rngu- intions as set forth in Sectiun 3-3.8D of the Code nf Ordinances, Appendix A thereof, of the City of Dubuque, lowa; and Whereas, thc Zoning Commission has held a public heating on said application for an amended conceptual development plan required published notice; and Whereas, the Zoning Commission has approved said amended conceptual devni- opment plan subject to specific conditions and reslxictions having found that said plan conforms with the review standards appli- cable to such plans as set forth in Section 3-3.8D(4) of the Code of Ordinances, Appendix A thereof, of thc City of Dubuque, Iowa; and Whereas, tho Zoning Commission recom- mended the concm'mnce of the City Counefl and approval of said amended conceptual development plan; and Whereas, the City Counall has received the recommendation of the Zoning Commis- sion and held its own public heating on said amended conceptual development plan pur- suant to required published notice; and Whereas, the City Council has approved said amended conceptual development plan subject to thc same specific conditions and sesuicfions. Regular Session, May 20, 1991 210 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~inn 1. That Ordinance No. 5-79 be amended by repealing Sections 1, 2 and 3 thereof and enacting new Sections 1, 2 and 3, in lieu tian~of, as follows: Section 1. That in m'der to accomplish the proposes of the PC Planned Conmlercial Dis~ct of the Zoning Ordinance of the City of Dubuqun, Iowa, the amended conceptual development plan, a copy of which is attached to and made a gatt hereof, is hereby adopted and approved for the following described property, to wit: Lot 2 of 2 of 1 and Lot 1 of 1 of 2 of I and Lot 2 of I ell of 2 nf I and Lot 2 of I of 2 of 1 of Hawkeye Stock Farm, Section 28, Township 89N, Range 2 ~ant of thc 5th Principal Meridian, in the City of Dubuque, Iowa. Section 2. That in o~der to accomplish the puxposes of the PC Planned Conunercial Disuict and of the Zoning Ordinance, the property heraln above descsibed is subject to the following conditions and restrictions: A. ~. The following regulations sbell apply to all uses made of land in the above described PC Planned Commercial Disaict: 1) Tbeprinuipel permitted uses shall be limited to: a) Local shop,rig center 2) The acnessory uses shall be limited to any mc custom- arily incidental and sub- ordinate to the principal usc. B. Lot and balk re~.uiafiuns. Deval- opment of land in this perticuiar PC Plunned Commercial District shall be regulated as follows: 1) All stmctm'es shall be a minimum of 20 feet f~om the front property linea adjoining Dodge Sue. ct and Mercer Drive. 2) No building or structure can exceed 30 feet in halght-on the site. C. Paddn uimments. The off- sUcet parking lv, qnirements for the principal pemtiUed uses nilowed in the hcrcln de- scribed PC Planned Commercial District shall be a minimum of I space for each 200 square fnet of gross floor area aecnssible to the general publiu as shown ua the concep- tual devclolnnunt plan. D. Si~e lan visions. Site devcl~ opn~nt standards for this PC Planned Commercial Disifict shall be as follows: 1) A final site development plan shall be submitted in accordance with Section 4-4 of the Zoning Opdinance of the City of Dubuque, lowa and shall be reviewed with dan tug,mi to thc previous final development plan dated May 25, 1979, stamped July $, 1979, which includes thc site plan, paving plan, utility plan, landscape plan, final plat and reciprocal easement and maintenance agreement. 2) Landscaping and screening requirements shall be regulated by thc landscape plan for Warren Plaza, approved by thc Planning and Zoning Commission on June 27, 1980. 3) All utility transmission lines, including telephone and cable tein'~ision, shall be installed underg~oued. E. Signs. Signs for this PC Planned Commercial District shall be regulated by the Warren Plaza Sign Oitefia. approved with revisions by the Planning and Zoning Commission on October 7, 1981. F. Tirn~ lindtation. The amended conceptual devciopment plun shall be valid for a period of three yea-s, provided a final site developmunt plan is submitted within one ye~c of the date of adoption. G. Transfer of ownership. Transfer of ownership or le~sc of property in this PC Planned Commercial District shall include in the Wansfer or lease ag~,,em~nL a provision that the purchaser ~ lcasce acknowledges awareness of the conditions authorizing the establishment of this district. 211 Regular Session, May 20, 1991 Section 3, 'Diat a final s~te development plan shall be qrproved by the City Planner if found to be in conformance with the amended conceptual development plan. If found to be in confc~annce with said plan, the tssmmce of building pemlits shall be pem~itted. Following approval of tho final site daYalopment plan, no cotaffucttun r/my L~ko place except in substantial cunfonnance with such plan. Passed, approved and adopted this 20th day of May, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Published officially in the Telegraph Herald this 22nd day of June, 1991. Mary A, Davis City Clerk It 6/22 Council Member Dbich moved final adop- tion of the Ordinance, accepting plans as submitted by Hy-Vce as agreed at the meeting of 5-16-92. Seconded by Council Member Pratt Carried by thc following vote: Yens--Mayor Brady, Council Members Dcich, Kluesncr, Krlng, Nicholson, Pratt, Vuntberg. Nays---None. Communication of Eilen Henkels, Presi- dent of Cable Car Square Assn., requesting to addreas the Council regarding s~gnnge directing tourists to the Cable Car Square are~ and questioning restrictions on llmita- lions being placed un brochures allowed to be diatributed at tho Iowa Welcome Canter, presented and read. Ellen Henkels spoke l~equesfing three signs as promised by Public Works Direcu~r Frank Murray. Council Member Kinesucr moved that the communi- cation be received and filed and matter refersed to staff. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Dbich, Klucsner, Krleg, Nicholson, Pratt, Voetberg. Nays--None. Communication of Corlxy£atim Counsel submitting Ordinance amendment relating te Group Day Care Centers as conditions] uses in Heavy Industrial and Light Indastris] DisUic~s, with respect ~o the location of group day care centers on property where hazardous materials a~e stored, presented and read. Council Member Pratt moved that the communication be received and filed. Sec- ended by Council Member Deich. Cae'led by the following vote: Yeas--Mayor Brady, Coancll Members Dcich, IOue, secr, Krieg, Nicholson, Prat~, Vcetharg. Nays--None. An Ordinance amunding Code of O~di- nances by adopting new Section 3-4.1(DXI) and Section 3-4.2(D)(I), providing for group day care centers as cunditional asea in Light lndusUlel and Heavy Industrial Districts, said Ordinance having been p~sented and read at the Council rrmetings of April lSth and May 601, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 44-91 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTIONS 3-4,1(D)(1) AND 3-4.2(D)(1) OF APPENDIX A, THE ZONING ORDINANCE, RELATING TO GROUP DAY CARE CENTERS AS CONDITIONAL USES IN LIGHT INDUSTRIAL AND HEAVY INDUS- TRIAL DISTRICTS, AND BY ADOPTING NEW SECTION 3-4.1(D)(1) AND SECTION 3-4.2(D)(1), PROVIDING FOR GROUP DAY CARE CENTERS AS CONDITIONAL USES IN LIGHT INDUSTRIAL AND HEAVY INDUS- TRIAL DISTRICTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 3-4.1(D)(1) and Section 3-4.2(D)(1) of Appendix A, the Zoning Ordinance, of the City of Dubuque Code of Ordinances are hereby repealed. SecBon 2. The following anw Section 3-4.1(D)(1) is hereby adopled: (D) Conditional Use~ (1) Group day ca~ center provided thaC (a) Forty (40) square feet of indoor floor area (excluding halls and befl~ooms) is provided per child in areas occupied by cribs; (b) Tlfirty-five (35) squ~e feet of indoor floor area (ex- ciuding halls and hath- rooms) is provided per child in areas not occupied by cribe times the licensed capacity;, Regular Session, May 20, 1991 212 (c) Seventy-five (75) squ~ feet of fenced unnioor recreation space is provided ~ child using the space at a given time; (d) Such facility shall provide for the loading or unloading of children so as not to obstruct public sUcets or ereate traffic or safety (e) All licenses have been is- sued or have been applied for awaiting the outcome of the board's decision; (f) No group day ca~ center may be located within the 3ame stmctttre as any gas station, hat/tavern, auto- mated gas station or any facility selling, sel~'icing, repairing or renting vebicles; (g) The parking /roup reqohe- n~nts can be n~t - [8]; ~ad (h) The conditional use appli- cant ce~flas that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal regulations govern- ing hazardous sobstauces, hazardous conditions, haz- asdous w~stes, and hazard- ous materials, including but not limited to Iowa Code Chapter 455B(1991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compensation, and Liability Ac~; 40 C.F.R. Section 30Z4; and Section 302 of the Superfued Amendments and Reauthorlzation Act of 1986. (i) If the applicant is subject ~o thc requirements of Secfio~ 302 of the Superfund Amendments and Reantho- rization Act of 1986, the Emergency Maungemont Director shall certify whether or not the applicant has submitted n current inventory of cx~-cmely hazardous substances kept or store on tho premises. If any such extremely hazard- ous substances are kept or stored on the premises, thc applicant shall also post in a conspicuous place on the premire~ a notice indicating a description of the ex- tremely hazardous sub- stances, and the physical and health hazards presented by such substance. Seciinn 3. Tho following new Section 3-4.2(D)(1) is berehy adopted: (D) Conditional Uses (1) Group day care center provided that: (a) Fo~ (40) square feet of indoor floor ~ (excluding halls and bathrooms) is provided per child in areas occupied by cribs; (b) Thirty-five (35) sqanre feet of indoor floor area eluding halls and bath- rooms) is provided per child in meas not occupied by cribs times the licensed capacity; (c) Seventy-live (75) square feet of fenced outdoor reo'catlon space is provided per child using the space at a given time; (d) Such facility shall provide for tho loading and un- loading of children so as not to obstruct public so. ets or create a*affic or safety hazards; (e) Alt licenses have been is- sued or have been applied for awaiting the outcome of the board's decision; (f) No group day care center may be located within the station, bar/tavern, auto- mated gas station or any facility selling, servicing, repairing or venting vehicles; 213 Regular Session, May 20, 1991 (It) The conditional use appli- cant certifies that the p~mises on which tha group day care cent~- will and will for so long as the group day care center is so locaud, coatiace to comply with all local, sate, and federal regulations govern- ing hazardous substance~ hazardous conditions, h~z- ardous wastes, and hazard- ous materials, including but not limited to Iowa Code Chapter 455B(1991); 42 U.S.C. Section 9601 of the Federal Compmbenalve En- vironmental Response Com- pemmiou, and Liability Act,; 40 C.F.R. Sectio~ 302,4; and Section 302 of the Sul~ffoud Amundments and Reauthorization Act of 1986, 0) If the applicant is subject to the requirements of Section 302 of the Superfuud Amendments and Reaatho- rlzadon Act of 1986, the Emergency Management Director shall certify whether or not thc applicant has submitted a current inventory of extremely be~ardous substances kept or stored on the premises, ff any such extremely hazard- ous substances arc kept or stesed on the premises, the applicant shall also post in a compicuous place on the premises a notice indicating a description of the tremely hazardous sub- stances, and the physical and health hazards presented by such subrtances. Se~inn 4. This Ordinance shall take effect immediately upon pubBcation. Passed, approved and adopted this 20th day of May, 1991. Ian~s E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald this 22nd day of Jane, 1991. Mary A. Davis City Clerk It 6/22 Council Member Pratt moved final adoption of tho Ordinance. Seconded by Council Member Delch, Carried by the foBowing vote: Yeas--Mayor Brady, Council Members De/ch, Klueuner, Krieg, Niche]son, Pratt, Voutberg. Nays--None. RESOLUTION NO. 166-91 NOW, TIIEREFORE, BE IT RESOLVED BY TI.H] CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law miating to the sale of cigarettes within the City of Dubuque, Iowa, be granted a permit to s~ll cigarettes and cigarette papers within said City. M M and H Corporation, Silver Dollar Cantina, 342 Main Sabot Passud, approved and adopted this '~Oth day of May 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Deich moved adoption of the Resolution. Seconded by Council Member Nicholson. Catrlad by the following vote: Yeas--Mayor Brady, Council Members Deich, Klcescer, Kfieg, Nieholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 167-91 Whereas, applications for Beer Permits have been submitted and filed ~o this Council for approvai and the same have been exam- inud and approved; and Whereas, the premises to be occupied by such appBcants 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, IOWA; That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. Regular Session, May 20, 1991 214 CLASS "C" BEER PERMIT Walgreen Company, Walgrcens, Sunday Sales, 555 John F. Kennedy Road Andarson Marine of lows, Inc., Dubuque Yacht Basin, Sunday Sales, 1630 E. 16th Smeet Anderson Marine of lowa, Inc., Dubuque Mexina, Sunday Sales, Eagle Paint Ma-ina CLASS "BE" BEER PERMIT Bcechar Co., Inc., Bencher Beverage, Sunday Sales, 1691 Asbury Road Passed, approved and adopted this 20th day of May, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor RESOLUTION NO. 168-91 Whereas, applications for Liquor Licenses have been submitted to this Council for · approval and the sane have been examined ? and approved; and Whereas, the premises to be occulted by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant the~to and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF '[HE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named appiicants a Liquor License: CLASS 'C' (COMMERCIAL) BEER AND LIQUOR LICENSE M M and H Coup., Silver Doilar Cantina, Sunday Sales, 342 Main Sucet D.B.Q. Inc., Shot Tower Ina, Sunday Sales, 390 Locust Suect Beverly A. Larsen, Denny's Lux Club Sunday Sales, 3030 Asbory Rood Oldham, Inc., Avenue Top, Sunday Sales, 1080 University Avenue Passed, approved and adopted this 20th day of May. 1991. Jarces E. Brady Mayor Attest: Mary A. Davis City Clerk Council Mamber De. ich moved adoption of thc Resolution. Seccodad by Council Memb~ Nicholson. Cm'tiud by the following vote: yees~Mayor Brudy, Council Members D©ich, Kinesncr, Vales, Nicholson, Pratt, Voutberg. Nays--None. Printed Council Proceedings for the months of July, 1990 and January 1991, presented and read. Council Member Pratt moved that the proceedings be approved as amended. Seconded by Council Member Krieg. Canlud by the following vote: Yeas--Mayor Brady, Council Members D¢ich, KAcesner, Ktieg, Nicholson, Pratt, Voetberg. Nays~Nonc. MINUTES SUBMITTED--Historic Preservation Comn'dssion of 4-24; Library Board of Trosteas of 4-25; Mechanical Board of 5-5; Police Retirement B~xl of 5-6; Transit Board submitting Comparative Earnings Statement and Statistics for 3rd quarter of FY 1991, Zoning Board of Adjustment of 5-1, presented and read. Council Member Pratt moved that the minutes be ~cceived and filed. Seconded by Council Member Kring. Carried by the foilowing vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Ktieg, Nichnison, Pratt, Vcetberg. Nays--None. NOTICES OF CLAIMS/SU1TS'-=Mefiatta Flynn in unknown amount fo~ personal injuries; Sondra M. Knabel in amount of $8,139.94 for property damages; Janet M. Vosberg in amount of $28.00 for personal injuries; Helen M. Votwaid rs. City of Dubuque et al, in unknown amount for personal injuries, presented and read. Council Member Pratt movud that tbe claims and suits be rerun'ed to the Legal staff for investigation and iepo~ Seconded by Council Member Kxi~g. Carried by the following vote: Yens--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nicholson, Prat~, Vcetberg. Nays---None. Communications of Co~poratlon Counsel advising of referrals of following claims to Crawford & Company, the agent for the lows Community Assurance Pool: personal injmy of Badger State Insurance; personal injury of leneile S. Boulware; sewer back- ups of Iames R. Conzatt; personal injury of Donald J. Koos; personal inju~ of Meilin Renkert, Jr.; personalinjury of Margaret Van Pelt, presented and read. Council Member 215 Re___gular Session, May 20, 1991 V~tb~. Nuy~--.Nonn. Communication of Corporation Counsel recommending settlement of property damage claim of Investment Planning in the amount of $436,77, p~sented and mad. Council Member Pratt moved that the communication be received and filed and settlement and Fiuence Director to issue proper check. Seconded by Conncii Member Kring, Carried by the following vo~: Yecs~Mayor Brady, Counoii lVlombets Deich, Klnnseer, Kzieg, Nicholuen, Vuetherg. Nays--None. Pratt, meC.°,mmanicefion of City Manager recom. nmng denial ofthn request for Rusidcotial Parking Permit Dis~ct in the Emmett St~et and St. Mary's Street areas, presented and read. Council Member Pratt moved that tho communication be received and Bled and denial be approved. Seconded by Council Member l~lag. Carried by the following vote: Yeas--Mayor Bredy, Council Members Deich, Kinusncr, Krieg, Nicho/son, Voethorg. Nays--None. May 3, 1991 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1989 ~ as amended, the Civil Service Commission conducted written examinatious for thc position of HOUSING INSPECTOR I in the Housing Services Division on April 9, 1991. We hereby certify that thc foilowing have snccossfully passed the exam and are to be cousidcred for this posiliom HOUSING INSPECTOR I William $. Jungk Thomas J. Boffeli Guy Hamcoway John F. Nunnig Donald J. McMullun Charles F. Klein William J. Kluusnnr Robert J, O'lduere Ambrose E. Metttlin Kenneth P, Massoy A second llst of ten (10) is available if needed. Respectfully submitted, Gerald J, Koppes, Chal~erson Robert M. Miller Pat Dillon Civil Sarvice Commission Council Member Pratt moved that the communication be made a matter of record. Seconded by Council Member Krlag. Carried by the following vote: Yeus~Mayor Brady, NC.O.nnc. il Members Daich, Klue~nnr, Kfiag, icnotson, Pratt, Vontherg, Nays--None. REFUNDS REQUESTED---Nites of the Sque~ Table requesting refund in the amount of $262,50 for unused po~on of annual Cia. "B" Beer Permit; Rainbow Lounge $422,50 for unexpired Class "C" Liquor Licenses, presented and read. Council Member Pratt moved that the refunds be approved and Finance Director to issue the proper cbeck~. Seconded by Council Member ~rlag. Ca~ied by the following vote: xeus--Mayor Brady, Council Members Dnich, Klncsncr, Krieg, Nicholson, Pratt, Vontberg. Nays---None. Proofs of Publication ecrtified to by the Publisher on Notice of Finding of No Signif= icant Effect on the Environment for the Dubuque Corporate Business Park and Wm. C. Bm'va Company pmjor~; List of Claims paid for the month of March, 1991, inn. sunred and read. Council Member Pratt moved that thn proofs be reecived and filed. y me toilowng vote: Yeas--Mayor Brady, Council Members Dcich, Kinusncr, Krieg, Nicholson, Pratt, Vcotberg. Nays--None. Communication of City Manager submit- ting Financial Report for the month of April, 1991, presented and read. Council Member Pratt moved that thc COmmunication be received and filed. Seconded by Council Member K_,icg. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluusner, Kring, Nicholson, Pratt, Vonthnrg. Nays--None. Regular Session, May 20, 1991 216 Communication of City Manager recom- rounding wtI~val of Parehuse of Services Ag~coment for the Land of Festivals for the fiscal year beginning July 1, 1991 and authorizing the Mayor to execute, presented and read. Council Member Pratt moved that the communication be received and filed and approved Mayor's execution. Seconded by Council Member Krlag. Canted by the fol- lowing vote: Y~&-Mayor Brady, Council Members Deich, Klansnc~, Kriag, Nlchnlson, pratt, Vo~tberg. Nays--None. Communication of Dubuque Convention and Visitors Bmeau submitting their Qmmefly Rnport for months of January thru March, prc~nted and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Kri~g. Canied by the following vote: Year--Mayor Brady, Council Members Deich, Kinusner, Krleg, Nicholson, Pratt, Vontberg. Nays--None. Communication of Environmental Protec- tion Division of Department of Natural Resources submitting Wastewate~' CompB- ance Evaluation Inspection Report. pre~nted and~ed. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member IC-iag. Carried by the following vote: Yeas~Muyor Brady, Council Member~ Dcich. Klncsncr, Krleg, Nicholson, Pratt. Voetberg. Nays-None. Communication of U.S. Department of Housing and Urban Development submitting their report on Audit for period ending June 30, 1990, presonted and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Memi~'s Dnich, Kluusncr, Ktiag. Nicholson, Pratt, Voetherg. Nays-None. Conununication of Zoning Commission advising of their approval of subdivision plat for property located south of Old Military Ro~ and east of Shagbark Road in the City's two mile County .jurisdiction, pre- sented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluusncr, Krlag, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 169-91 A RESOLUTION APPROVING THE SUBDIVISION OF LOT 3 OF ARCHDIOCESE PLACE KEY WEST IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 BAST OF THE FIFTH P,M, IN DUBUQUE COUNTY, IOWA Wberces, there bus been filed with the City Clerk a final plat of the Subdivision of Lot 3 of Archdiocese Place Key West in Section 11, Township 88 North, Range 2 Bust of the 5th p,m. in Dubuque County, lowa; and Whereas, said final plat hue been reviewed by the Dubuque City Zoning Cora- mission and had its approval endou~,ed thereon; and Whereas, said final plat has been exam- ined by the City Council and they find that thc same conforms to the statutes and ordinances relating thereto. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of tho subdivision of Archdloecse Place Key West in Section 11, Township 88 North, Range 2 East of the 5th p.m. in Dubuque County, lowa is hereby approved and the Mayor and City Clerk arc hereby authorized and directed Io endorse thc approval of the City of Dubuque, on said final plat. Passed, approved and adopted this 20th day of May, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of thc Resolution. Seconded by Council Member Kdcg. Canied by thc following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays---None. Communication of Zoning Commission advising of their approval of plat for Woodland Heights Subdivision located south of Old Military Road and east of Shagbark Road in the City's two mile County juris- diction, presented and read. Cotmci] Member Pratt moved that thc communication be received and filed. Seconded by Council Member Krieg. Carried by the following vote: Ye. as--Mayor Brady, Council Members Deich, Klncsner, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Regular Session, May 20, 1991 218 vote: Yeas--Mayor Braty, Coundl Members Deleh, Kluesner, Faieg, Nleholson, Pratt, Voethe~g. Nays--None. Cormuaniontion of Zonin~ Conunission advising of their a~v~ of su~ivisi~ plat f~ ~ I~ s~ of ~e ~dge ~vc ~d ~t of B~ ~ in ~e C~ L~ PR ~s~ ~n~ ~d ~. Co~ Mem~r ~R ~v~ ~ ~e co~ mu~on ~ ~iv~ ~d ~, ~n~ by ~ Me~ ~eg, C~ by ~e foUo~ vo~: Y~y~ Bray, Co~ Me~ ~ch, ~ner, ~eg, Nichol~n, ~a~ V~t~g. Nay~Non~ RESOLUTION NO. 171-91 A RESOLUTION APPROVING THE SUBDIVISION OF BLOCK 2 OF CEDAR LAKE - EAST SECOND ADDITION IN THE CITY OF DUBUQUE Whereas, there has been filed with the City Clerk a final plat of thc Subdivision of Block 2 of Cedar Lake - Eaat Second Addi- tion in the City of Dubuque; and Whereas, said final plat has been reviewed by the Dubuque Zoning Commis- sion and ~bey find that it conforms to all applicable statutes sad ordinances relating to it; and Council Member Pratt moved adoption of the Resolution. Canied by the following vote: Y~Mayor Bredy, Council Meml~rs Deich, Kluemer, lOieg, Nicholson, Pratt, Veether~. Nays--None. There being no further business, Council Member Nicholson moved to ~4journ. Seconded by Council Member Voetberg. Carried by thc following vote: y~eea~Mayor Brady, Council Members Deich, Kluasner, Kring, Nicholson, Pratt, Voetberg. Nays---None. Meeting adjoin-ned at 12:31 a.m., May 21, 1991. Mary A. Davis City Clerk Approved ~?,~1.~ ,.~_.___, 1992. Whereas, said final plat has been approved by the Zoning Com~ssion; and Whereas said final plat has been reviewed by the City Council and they find that onnforms to all applicable statutes ordinances relating thcl~to; and Whereas, aaid final plat has been approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~tlon 1. That thc above de~crlbed final plat be, and the same is, hereby approved, and the Mayor and City Clerk be and arc hereby authorized and directed to endorsed approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 20th day of May, 1991. lames E, Brady Mayor Attest: Mazy A. Davis City Clerk Attest: