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1991 July Council Proceedings277 Regular Session, July 1, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, Suly 1, 1991. Council feet at 7:30 o'clnck p.m., Public Lil~y Auditorium. Pre~nt: Mayor Brady. Council Members Deich. lOneseer, lC-iq. Nicholson. Vonthexg. City Manager W. Kenneth Gearhnxt, Corporation Counsel Barry A. Mayor Brady read the call and stated this is the Regular Monthly Meeting of the City Council called for the purpose to act upon such baslness which rrmy properly come before the Council. Invocation was given by Mr. Pred Minuls, Bishep*s Counselor, Church of Jesus Chilst of Latter-Day Saints. PROCLAMATIONS.-Month of July as "Month Of The Tfi-Stete Veterans' Memorial" received by Bill Deinuny; June 29th as "Persinn Gulf Vetenms' Day" received by Captsin Jackson C. Mayers; July 7-13 as "Elderhostel Week" received by Sr. Anne Sie~st. Presentation of "Certificate of Appreciation" to City employeas David Birch, Park Division, and Sharon DUbl, LieuT. Council Member Kluesnef moved that the rale~ be suspended to allow anyone present m address the Council Seconded by Council Member Pmt~ Carded by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluemer, Kfing. Ninhdson, Pratt, Veetherg. Nay~Noee. Proof of Publication certified to by the Publishe~ on Notice of Public Heating to vacate and dispose of alley between Contrul Avenue and White Streets between 13th and 14th Streets, presented and read. There were no written objections weeived and no ~ objectors present at the time of the hearing. Council Member Prau moved that the proof of publication be reeeived and fi{ed. Seconded by Council Member Veetberg. Canied by the following vote: Yeas---Mayor Brady, Council Members Deich, Kleesner, Kfing, Nicholson, Pratt, Vontherg. Nays--None. An Ordinance vacating the siley between Centrul Avenue and White Street. fi'om 13th Street to 14th Street, a portion of Fonmunth Street, and a portion of Central Avenue, said Ordnance having been presented and read at the Council m~ting of June lTth, presented for final action. (OffICIAL PUBLICATION) ORDINANCE NO. 51-91 ORDINANCE VACATING THE ALLEY BETWEEN CENTRAL AVENUE AND WHITE STREET, FROM 13TH STREET TO 14TH STREET, A PORTION OF FOURTEENTH STREET, AND A PORTION OF CENTRAL AVENUE Whereas, the DubUque Bank and Trust Corr~pany has requested the vacating of an alley between Centrel Avenue and White SUeet, from 13th SUeet to 14th SUeet. a po.ion of Fonneenth Street, and a po.ion of Central Avenue; and Whereas, Beesing and Associates, Dubuque, Iowa, has prepared and submitted to the City Council a plat showing the vacated ix~ion of an alley between Cenlrel Avenue and White Street, from 13th to 14th Stxeet, a polfion of Fourteenth St~et, and a and assigned lot unmhe~ thereof, which he.antler shall be known and descfihed as City Lots 444A, 444B, and 444C respectively, in the City of Dubuque, DubUque County, Iowa; and Whereas, the City Council of the City of Dubuque, lows' has detendieed that an alloy between Central Avenue and White Street, from 13th to 14th Street. a Ix~tlon of Fomteenth SIxeet, and a posen of Conual Avenue is no longer required for public use, ex.pt for utility easements as noted, and vacating of said pro, ions of alleys and streets known as City Lots 444A, 444B, and 444C in the City of Dubuque, Dubuque County, iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate dmeribed as City Lots 444A, 444B, and 444C in the City of Dubuque, Iowa, be and thc same is hereby vacated. Regular Session, July 1, 1991 278 Section 2. The City of Dubuque reas~ee unto itsdf a i~potosi eeson~nt including the fight of ingress and e~res tbe~to, for th~ pmpo~ of ewcting, installing, comUunting, ~retsm~c~s, rel~, owning, q~utng, tulepl~me, tv cdain, and elee~ic llnas as nmy be authorized by the City of Dubuque, lows. Passed, epproved and adopted this 1st day of July, 1991. James 1~ Brady Mayor Attest: Mary A. Duvts City Clark PubEshed officially in thc Telegraph Herald this 8th day of July, 1991. Mary A. Davis City Clerk It 7/8 CouncU Men, er Pratt moved final adoption of the Ordinance. Seconded by Council Member Veetberg. Canied by the following vote: Yeas---Mayor Brady, Council Memhere De,ch, Kluasner, Kfing, Nicholson, Pra~ Voetherg. Nays---None~ RESOLUTION NO. 221-91 Wbe~as, pursuant to Resolution and published notice of time and place of heating, puliished in the ~ a newspaper of general ulreulation published in the City of Dubuque, lowa, on the 21$t day of June, 1991, the City Council of the City of Dubuque, Iowa, met on tho lmt day of July, 1991, at 7:30 p.m. in the PUbEo Liinmy Auditorium, llth and Locaat, Dubuque, Dubuque County, lows, to consider the proposul for the sale of reul estate described as: City Lots 444A, 444B and 444(3 in the City of Dubuque, Iowa to the Dubuque Bank and Trust Corepeey; Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of the City of Dubuque, lows, exeept for eesements as noted, in the hereinabove descfibed reul rotate to the Dubequn Bank and Trust Company. NO W, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuqee, Dulmque Coonty, lowa, in real lnOporty deacdbed as City Lots 444A, 444B and 444C in the City of Dubuqee, Iowa, to the Dubuque Bank and Trust Cempuny be and the same is hereby ~ved for the stun of $8,260.00 plus cost of publiontio~ flatting and filing feeat conveyance shall be by Quit Clsim 1)~d. Section 2. The City of Dubuque ~ee unto itsdf a pr~etoul easement including the fight of ingress and ngress thereto, for the p~ of erecting, insteRing, construction, ~econstmcdag, repairing, owning, operating, and resin~nln~ water, sewer, drainnge, gas, telephone, tv. cable, and electric lines as moy he nuthrained by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized und direeted to execate a Quit Claim Deed, and the City Cierk be and is hereby antho- fized and dirncted to deliver ~uld deed of conveyance to the above unmed grantees upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and d~ncted to ~x~rd a ee~fied copy of this Resolution in Ibe ofilee of the City Assessor, Dubuque County Reoordar and the Dubuque Connty Treasurer. Passed, approved and edepted this 1st day of July, 1991. Janm E. Brady Mayor At~eet: Mary A. Duvis Council Member Pratt moved adoption of the Re~ulution. Snconded by Council Member Vnethe~. Carded by the foilowing vote: Y~Mayor Brady, Council Memhere Deich, Kluesner, Kfing, Nicholson, Pratt, Vontber~. Nays~Noee. Proof of Publication ceedfied to by the PubEsh~ on the Notice of Public Hearing to onmide~ amendment to the established Planned Unit Duvulepreont Designation for the Haan 20 Shopping Center and communi- cation of City Manager subn~tting response to Coun~ regarding the Plaza 20 PC DisUict expunsion and sign regulations, presented and read. Conn~ Member Pratt moved that the proof of publin~ion and commnulcation Member IOuasuer. Canled by the following vote: Yees~Mayor Brady, Council Membe~ Duich, Kleesner, K~g, Nich~een, Pratt, Vonthe~. Nays--None. Dnvid Rashid, Attmuey on bchulf of Plaz~ 20, requested adopilen of Ord~nunee as presented. 279 Regular Session, July 1, 1991 An Ordinance provi~ f~ ~ amendment of Ordinance No. 67-78 which Ordinance established · Planned Unit Devel°l~mant dnsisnmion f~ the Plaza 20 expm~o~ of the exi.ting Planned ndjulrdng im~eny fr~n C-3 Oene~l C~ to PC Planned Conmancinl and providing for Dislri~t Sign Regulations, said O~dinance having been in~onted and read at the Council meeting of Sane 17th, pre~entod for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. $2-91 AN ORDINANCE OF THE CITY OF DUBUQUE. IOWA. PROVIDING FOR THE AMENDMENT OF ORDI- NANCE 67-78 WHICH ORDINANCE ESTABLISHED A PLANNED UNIT DEVELOPMENT DESIGNATION FOR THE PLAZA 20 SHOPPING CENTER AND PROVIDING FOR THE EXPANSION OF THE EXIST- lNG PLANNED COMMERCIAL DISTRICT BY RECLASSIFYING ADJOINING PROPERTY FROM C-3 GENERAL COMMERCIAL TO PC PLANNED COMMERCIAL AND PROVIDING FOR DISTRICT SIGN REGULATIONS Whereas. tho Kahie Fanily. owner and applinant, ham ~ an appfication for approvul of an arunnded conceptual development plan in accordance with provisions of thc PC Planned ~ District regulations as set fe~& in Section 3-3.8 of the Code of O~dinances. Appendix A the~cof, of the City of Dubuque. Iowa; and Whereas. the Zoning Commission has held a publio heating on said application for an amended conceptual development plan pursuant to required published notice; and Whereas. the Zoning Coramission has approved said amended conceptual develop- meat plan subject to specific conditions and restrictions having found that said plan confornu with the review standards applicable to st~h plans as set forth in Section 3-3.8 of the Code of Ordinancus. Aplmndix A thereof, of the City of Dubuqce. Iowa; and Wha~as, the Zoning Conurdssico recem- mended the concm'rence of the City Council and apl~ovul of said amended conccpmul dovulolxannt plan; and Whereas, the City Council has received the recomm~ndmion of the Zoning Commis. sion and held its own public hearing on said ameaded conceptual development plan pmsunnt to required published notice; and Whe~as. thc City Council has approved said amended conceptual development plan subject to the same specific ccodigous and resUicficns. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1. That Onfinance No.. 67-78 he amunded byincludir~ tho following Property in the Plaza 20 Planned Conancreinl Dis~ict, to wit: Thc entirety of Plaza 20 ~ and Lot 2 of Plaza 20 #2. Section 2. That the Plaza "20" Sign Ordinance and regulaticos, aflached as Exhibit 1. be mede a lxtrt of tha pinza 20 Pc District regulations. Section 3. That the foresding amendment has heretofore been reviewed by the Zoning Conunission of the City of Dubuque, Iowa. Section 4. That this Onfinaece shall take effect immediatcfy upon publication. Passed, approved and adopted this 1st day of July, 1991. James E. Brady Attest: Mayor ldmy A. Davis City Clerk Published officially in thc TeAegr~eh HerOd this 8th day of July, 1991. Me~y A. Davis City Clerk It 7/8 Council Member l'mtt moved final adop- tion of the Ordinance. Sceonded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, CconcO Members Deich, Kincsner, Kting, Nichelson, Pratt, Vcether~. Nays---None. Conunanicadon of City Manager rec(x~- mending to set a public heating to dispose of Urban Renewal Pro~ located in Dubuqun Corporale Center, presented an~ read. Council Mcmher lc_ting reeved that the Seconded by Council Mereher Vcotharg. Canied by the following vote: Ynss~Ma~r Regular Session, July 1, 1991 280 Bredy, Council Memhen De~ch, Klueann'. KtinS. Nicholson. ~att. V~t~rg. ~L~ON NO. ~-91 ~L~N (1) ~O~ ~ ~ ~ O~ING ~S ~D ~S ~R DIS~S~ON OF ~T~N ~AN ~W~ ~OP~; (2) D~I~G T~T ~ PR~ ~ ~D BY WCB DE~p~ CO~TION SATISFIES THE OFFERING ~QU~S ~D D~- iNG~T OF T~ ~ E~ I~ T~ AG~ ~R S~ OF ~D ~R P~* VA~ DE~P~ BY A~ BETWEEN THE CITY OF D~UQ~ A~ WCB DE~OP- ~NT CO~ON IN ~ E~ ~T NO CO~NG PRO~SA~ ~ SUBM~D; A~ (3) ~CI~NG CO~ING PRO~S~ W~, ~ CiW of Du~q~, low~ did by Rns~u~on No, 8~91 on ~ 18, ~t ~ Ur~ R~ew~ ~j~t ~o~ ~ ~vul~nt ~s~ct (~o "pl~") f~ ~o ~ ~new~ ~ de~ ~n; ~d W~, su~ PI~ ~vidns f~, ~ o~ ~ngs, ~ &s~ offs f~ ~va~ ~vd~nt p~s ~ a ~ W~, WCB ~vel~nt C~ficn a s~fic ~ f~ ~e ~i~m of ~n ~ ~r dc~ f~ ~e devol~nt of o~ ~ ~ ~r- ~&y ~ ~s~bin; ~d W~, in ~or ~ as~Hsh ~ly Bon of ~ ~ in ~ m~ ~n~ of ~p~ ~, ~ ~ l~l, ~c~y ~m ~.8, ~d m ~s~ ~ ~ ~ ~n& a f~ ~d f~ ~W ~ ~ devel~ in~m~ in sub~ a ~, a su~ of ~on ~n~ ~d ~um ~ ~ off~ng ~ ~n ~ ~ is out ~e ~um~n~ ~ ~ must satisfy in ~ to qualify fo~ con- sidmulco with n~0ect to the competitive c~t~'in, the informndon and documents which must be anlxnittod, and the schedule for a~bmissico and compotifive hid-off Whetm~. said Developer has executed and tande~d an Agreemunt for Sale of Lamd for Privnto Dovelopment with the City. attached hereto as B.xhilit "B". which the ficvelolym~at of offic~ and already received by the City, as de~crthed above, and to ~ivn full and fair opportnnity to othe~ developers interested in submitting a propnsul for development of thn Pr0pe~y, this Council should by this Resolution: l) Set the Fair Market Vainn of the paxcul as determined by an independent epl~i~ fo~ u~s in aceorde~e with the Urban Renewul Plan; 2) Approve the Gnidelincs for Developers for the Dubuque Ccnporato Center Economic Development Dislrint Urban Renewal Plan A~a for submission of purchase and dcvulopment of the ~ and tho minimum ~lui~- meats and comp~tive criteria a~ched hnreto as Exhihit 3) Approve as to form the Developer's inoposed A~reement for Sale of Land for P~ivato Devnloprecet atianhed hereto ns Exhihit "B"; 4) Set a da~ for teculpt of conq~ndns proposals and the opening thereof; cataMish a Procedtu~ foF eanh Inoponnnt to hetter its pre, al and set a cutoff time for such reo~fication; and l~ovide for review of such propceais with ~ecommeedmions to this Council in acemdaece with established procedures; 5) Declare that the ~ submitted by the Devulopcr sadsfics thc reqni~mants of the offering, and that in the event no other qualified 1~ is timely submitted that the City intends to accept such prol~ and cntc~ into the A~rcement for Sale of Land for Pt'irate Development and d~ puhfica- tion of notice of said intent; 6) Aplxove and direct publication of a notice to advise any wcoid he COml~tors of the oppmtuul~ to compete for purchase of the pro~fl~ for dnvclopreent on the tenus and conditions set cot above; 281 Regular Session, July 1, 1991 7) ~ li~ in the evmt another qualified prepossJ is timely sulmdtted and aonsp~ed, anoti~ and furore notio~ wili be paliisbed on lbo intent of tim City to enter into~ resaltiag conUac~, ss zeqalred by lav~, and Wberese~ tl~s Cmmcll believes it is in the beat in~murt of the City and the Plan to ant u expuditio~ly as possible m offar pre~eny fcr developmant ss set freth herein. NOW, TI~REFORE, BE IT RESOLVEI) BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se,~tlon 1. That the fe~lowlng described prope~y sbeU be offered for development in accordance with the terms and conditions contained in this Rusointion, to wit: Lot 2 of Lot I of Lot 2, A.C. PfolO Place, City of Dubuque, Dubuque County, Iowa, exclusive of the ~t~y 100 feet the~of and those portions dedicated ss publio streets and ;ights of ways assigned therewith, ail in tho City of Dubuque, lowa. 5edlon 2. That the Fair Market Value of the property shell be $18,000 per acre which is ss recommended in the Felm~y 28, 1991, appr~sal report IXel~red by the fi~m of Cadsen, McCinre and McWlilinms, Inc. of Des Mcinus, Iowa. F~tlon 3. That it is heaeby de.'mined that in order to qualify for considoratico for selection cech Developer must submit a pro- ~ which meets these minimum rsquim- n) Contalus an agreement to acquire the property at not less than the Fair Market Value for use in ~.~dance with ~bu Plan; b) Is for the development of the proparty .fc~ office and eonm~rclal u~e to provide for expanding and new businesses in confeo~mnce with the Plan; c) Includes a construction sGheduin in Which the construction of al~tely 25,000 square fe~t or office space is subsotndaliy complete co or before thc 31st day of December, 1992. A total of ~0,000 square feet of office space shall be sobstanthdly con. leto on or before the 31at day of December, 1996. The balance of the required office space shall be complnUxl on or before the 31st day of December 2006; d) Includes the vaitten comnitmant of tho Developer to establish covenants co the development and ope~tion of the ~ and an illustrative examl~e of the pmpmed e) Includus a written con~tment for penmannt financing or lwovides throngh othe~ means acceptable to the City similar demonstsative evidence of the financial /capacity of the devdoper to timely commence and complete the ptoporud development activities; 0 Includes the written commitn~nt of the Developer to enter into n Ptopezty Value Agreement with the City, limiting value in~ for the Property for a four (4) year petiud; g) Includes a written commitment from the Developer or the Win, C, Brown Com- pany or one of its affiliates to execute a Minimum Assussment Agreement for n pmiud of not less than fifteen (15) yn~; h) lncludus a vaieen commitment or thi'cogh other means acceptable to the City of Wm. C. Brown Company, Publishers' willingness to en~r into a lease with the Developer for a minimum of thirty thousand square feet (30,000 sq. fL) of office space for a pedud of not less than twelve (12) i) Sets out or provides through otber means nccepteble to the City the Developer's experience in working with other development projects and with cons~ruotion; and j) Sets o~t or provides throagh other means acceptable to the City the nxpc~cocc of the princlpah and key staff who a~e directly engaged in petf~ of conUset obligations in canying cot projects of similar ~cale nad character. Section 4. That it is bewby determined that each ~ which satisfies the minimum rcqulrements ss detenrdned by the City, simil be reviewed on ~ basis of thc sUength of such l~opcsal ss judsed by the following competitive c~itmia: a) Quality of the Ixx~posal: 1) Tbu overall cost and tomi cost of elements of the projecq 2) The types of meterials shown for construction of the structure; and 3) Overall pro~ect amenities. Regular Session, July 1, 1991 282 b) A~chi~ecunal desisn of the im~ ~evelopmenC ~c, ve~ ~fivifim ~ fu~ ~vel~nt of ~nt ~; s~ ~ ~ p~c ~; ~ ~vel~C c) ~o~c f~ of ~e ~ devd~t: mu~W ~d~ by &e ~ devel~ of ~bs ~ ~ ~e an~e~nt of 2) ~e a~ of ~ Sminn ~. ~t f~ ~c p~ of defiMng ~e offefi~ of ~e ~ f~ devcl~ ~d A~nt f~ ~e of b) Coevc~ of ~ d) Ti~ng of ~ve~n~; 0 ~s~udons on ~; g) Cove~U ~ng ~n su~ in tn~ ~ of d~fi~ of h) Nofi~ ~ de~; i) ~ ~sess~t j) Co~ of in~s~ ~d k) No~nudon; b) Devise and relx~t iu °wu n~th°d and mm of financing, ~ long ~ s~h ~ is suffi~t ~ ns~ fln~ng of ~e ~t in a fi~y ~e~ ~d c) ~ ~ng ~s~ of ~e ~ m ~ ~ay~ f~ up ~ s~ (6) ~ ~ ~ e~ufi~ of ~ ~ T. ~ ~ ~ A~nt ~=n~ ~ ~e ofindq nd, tn ~e ev~t ~t no ~ q~fi~ ~ ~ fi~ly an~, ~at ~e ~ en~ into ~d A~nt ~ h~by ~ ~d ~on & That it ~ be~by de~ ~at ~e ~val~r ~s~ss~ ~ q~ifi~- fio~. fin~ ~se~ ~d legM a~ity n~s~ ~ ~ ~d deval~ ~ ~ e~ in ~e ~n~ by ~s offenng ~1~ 9. ~ it is h~by off~ ~ ~ ~vel~ sh~ ~ in ~ ~t of ~ F~ ~t V~ue u ~H~ by ~s C~ f~ u~ in ~ ~ ~e Pl~. ~lon 10. ~t ~ ~ ~k s~ ~ive ~d w~n f~ ~b~c ~on ~e ~ ~t f~ ~e of ~ f~ ~vcl~t of ~e ~ se~ ~ by ~ ~v~ ~, in ~ event un o~ q~fi~ ~ ~ ~ly se~ ~, sh~ wsu~t ~ ~ ~ ~s C~ f~ fi~ a~vg ~d ex.mien u~ ~ion of ~e m~ h~ S~lou Il. ~t ~e ~ of ~s Co~ ~ ~mid~ to ~ ~d d~s he.by ~m~ n~ m ~ ~n~m~ of ~e in~ of ~s ~, ~ ~e event ~t no o~ q~fi~ ~ ~ ~ly su~ ~, ~ ~t ~e ~ of ~e ~vel~ m ~ ~d develop ~e ~ ~ ~ en~ in~ ~e A~nt s~ ~e of ~ f~ ~v~ ~vS~nt by ~d ~ ~ ~ ~d ~vS~. ~i~ 12. ~t ~ offi~ no~ of ~s offing ~d of ~ in~t of ~ ~, in ~e ev~t no ~ q~ ~s ~ an~, ~ ~ in~ ~ ~t f~ ~e of ~ f~ ~v~ ~v~nt by ~d ~ ~ Ci~ ~d ~ s~ ~ a ~ ~ of ~ Res~ugon, ~t ~ut ~ ~h~n~ mf~ ~ h~n. 283 Regular Session, July 1, 1991 Section 13. That the City Cl=k is ·utho- flzod and directed to sccore imn,,nd~aM publication of said o~ai noti~ in tbe ~ u newspaper having · gomsl ci~aiation in ~e community, by pubUca~ml of tho text of this Resolution on or befc~ tho 5th day of July, 1991. Sueflon Id. That written prepousls far the sule and devdopment of the p~ope~y will be received by tho City Idanng= far his dusig- nated staff member at er be£ere 10:00 a.m., August 5, 1991. Said preposels will be n~-ivnd in the Office of the City Cieak, located on the fl~st floor at City Hall, Duhaqce, lowu 52001. Each pmpusul will bo ~ued at the honr of 10:00 a.m in City Hall, Dubuque, Iowa, on August 5, 1991. Said propo~ls will then be lxesanted to the City Council at 7:30 p.m., August 5, 1991, at a meeting to be held in the Auditorium of the Carnegie Stout Publio Library, Dubuque, Iowa. Section 15. That such off~ng shall be in sub~tonflai conformance with the l~ovisions of Section 403.8, ~ requi~ing '~,sonable cerel~fitive bidding procedures" us axe hereby l~uscsibed which method is be~eby delen~nnd to be the appropriate method for nuking the Ixoperty available for development Se~lon 16. That thc required documents for tho submission of a proposal shall be in subatamtai confermity with the provisions of this Resolution. Se~lon 17. That the City Clerk is hereby nominated and appointed us the agent of the City of Dubuque, Iow· to receive pmpossls for the sale of the properly from the City Mannger or his designated steff mcmbe~ at the date and uscording to the preceduse hereinshove specified for receipt of such prepo~s and to precc~ at such time to formaily acknowledge receipt of each of such pmposuls by noting the receipt of same in the Minutes of the Cotmcil; that the City Manager is hereby authorized and dil~ted to nm~ preJimlnary analysis of each such ~ hmeiuebove. For each proposal which judge the strength of thc lwopusai by the onmpotirlve criteria cstsbUshed be~nshovn. The Council shah thee make the final evaluation and selection of thc proposals, Section 18. That following l'ec~pt of competing proposals, the Developer shall have un~l 10:00 a.m. on August 12, 1991, to amend its px~posel in response and to deliver mum to the City Clerk. Section 19. That if, and only if, com- peting lwop~ds are xeceivnd and determined by the Cotmcfl to meet the minimum l~luire. manta of this Resolution, and the Developer amends its l:(opnsul in response thereto, such Council shall forOawith schedule a meeting within seven (7) days after August 12, 1991, at which meeting there shah be a lid-off, each l~Oposul against the other, sc~atim ets/ting with thc second pxo~ l~r. elved untti such time as each ixoponont for the sale of the propexty shall decline to improve its bid in response to the lust hid of the other bidder or bidders. The period of time to be allowed for such bid-off shell not be in excess of three consecutive hours on said date. The relus of such hid-off shah be as infomudiy dctcxmiued by the Conncll at or before such bbi-off period and shall be absolute. Section 20. That in the event another qualified proposal is timely submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque~ lowa, to enter into the resulting contrect, us ruqtdi~ by law. Passed, al~'ovnd and adopted this 1st day of July, 1991. Jan~s ~ Brady Mayor AUest: Ma~ A. Davis City Clerk Council Member Kring moved adoption of thc Resolution and further set it for Hearing on August 5, 1991, at 7:30 p.m. in the Public Libia~ Auditorium arid that the City Clerk publish notice in the manner prescribed by law. Seconded by Council MembeF Voetlx~. Carried by the following vote: Yeo.v--Mayor Brady, Council Mumbcrs Delch, Kluesuer, Kring, Nleholann, Pratt, Voutberg. Nays--None. Boards and Commissions: Civic Center Commission: Two tluee-year terms which will exlire 6-29-94 (Terms of Oebile & McEvoy). Al~licants: Rise A. Anderson, Greg J. Cigrond, Gusy P. Dolphin. Mayor Brady voted for Anderson and Cigrand. Council Member Delch voted for Anderson and Dolphin. Ceuncll Member Riuusne~ voted for Cigrend and Dolphin. Coue~il Member Faieg voted for Anderson and Dolphin. Council Member Nleholscn voted for Cigrand and Dolphin. Council Regular Session, July 1, 1991 284 Member Pratt voted for Anderann and Detpbin. Coun~ Member VonthusS voted A. Andel~on and GUSy P. D&phtn ap~n to tbe Five Hngs Civic Cent~ Conm~slen for terms that will expire 6-29-94. Histmic l~ssea'vulion Coremission: One thre~ ycus te~n (Catbed~ Dis~ct) which will expire ?-1-~4. One tiuou Year tusm (At La~e) which will onl~ 7-1-94 (Term orR. Mletm~ J. Andanon. Appticentt: At Lssge,-- MJ. Ayers, Robefl J. Feldm~m, Greg Ftt~tilek+ Dusty Johnson, Joel IVL Lt~htcap, C-~ngo~ J. Stover, Cumy M. Rcoder, Sue Wilke. Coon~l Meus~ Kluesner moved that l~fichnsl Anderson be appointed us ~sen- tafive from thc Cathedral Dis~ict. Seconded by Council Member Pratt. Carried by the following vote: yeus--Mayor Brady, Coonell Members Delch, Riuesuer, K~ng, Nicholscn, Prett~ Voctherg. Nuys-=Noue. Themfum, Michael Anderson.appointed ~ u thee year term on the Historic Pluservauon Commission which will exllre 7-1-94. Vote for the Historic Pruset-vullon Com- mission "At La~e" position: Mayer B~d.y voted for Johnson. Council Member Delch voted for Wilke. Council Member IOuesuer voted for Wllke. Council Member Kficg voted for Wilke. Council Member Nlehoison voted for Faidenoun. Council Member Pratt voted for Wilke. Council Member Vcothe~g voted for Ruedor. Themfem, Sue Wtike · ppointnd to the "At La~e" position on the Historic Pres~vation Commission which will exl~c 7-1-94. Library Board: One unexpired term which will extra 7-1-95 (Term of D. O'Dell); Two six year tram which will exphe '/-1-97 (tenus of M. Gibson and Id. McDonald). Apl~.icants: John IL Derrah, Dou Dindefichs, Helen Hantolmann, Charles IL Jacobs, Michael J. McKinlay, Scott P. Sullivan. Helen Hantelmonn, Scott Sullivan, John Damth, Dec ]Dindcdchs, and Michael McKinley spoke requesting appointment. Vote for the full six year teams: Mayor Brady voted for ltontelnmnn and ldcKiulay. Coonell Member Delch voted for Hontelnmnn and McRiulay. Council Memb~ Klunsner voted far Dindodche and Sullivan. Council Memb~ l~ing voted for Damth and Dindealehs. Council Member Nleholson voted for Darssh and McRidiuy. Council Member Pratt voted for Dan'ah and Dindefiuhs. Counull Member Vcotbusg voted for Dindetiche and McKiulay. The~fme, Dee Dindefichs and Michael J. McKiulay aplxinted to six yc~ terms which wiU exli~ July 1, 199'7. Vote on the unexpired term: Mayor Brady voted for Hantelmann. Council Member Duieh voted for DUm~. Council Oumne~ voted fus Dan-ah. Counell Membe~ Yatng voted for Dan~h. Council Meatber Nicholson voted for Dusmh. Council M. embe~ Pratt voted for Daxreh. Council Member Vcotbe~ voted for Hantelmann. The~f0re, John Darreh appointed to the onexpi~ed term on the LibnuT Bo~d which will exphc July 1, 1995. Long Range Planning Commission: Two ~ year tenue which wiU exphe '/-1-94. (Terms of (3. Cheveuelle and L Miller). Apidicants: Gall Chavonelle, Glenn Fuhrman, Vumon Hshe~km'n, James M. Hecknumn, James A, Miller, Peter L Simon. Jim Miller, Michael McKinhy, Glenn Fuhrman, Vernon Hshexkorn, Jim Hecknmnn and Lama Carstens (on behalf of GSIl Chavanelle) spoke zequsstlng appointment. Vote on thc uppoiulments was us follows: Mayor Brady voted for Miller and Heckmusn. Council Member Deich voted for Heckn'mon and Miller. Council Member IOuesner voted for Chevanelle and Miller, Council Member Faieg voted for ChaveueUe and Heckmann. Council Member Nichoison voted for Cimvanelle and Heclmumn. Council Mumbor Pratt voted for CheveneUe and Miller. Council Member Voetbe~ voted for Cheveuelle and Miller. Tbmefore, ~ Chaveuelle and James A, Miller ~appointed to duue year terms on the Long Range Planning Commission which will expire '/-1-94. Pm~ & Re,cation Commission: Two du-ue year terms wbich will expi~ 6-3-94 (Term of IL Bean). AppUcants: Chedus Angel, Rich Bean, Floyd R. Cook, Klm Daykin, Vernon Haberkern, Gerald J. Roth, Peter L Simon, Erie Sheraton. Chiles Angel, Vernon ltshe~kom, Klm Daykin, Jor~y Roth and Floyd Cook Sl~kn requesting appolnur~nt. Vote on the appointment wus us follows: Mayor Brady voted for Duykln and ttaberkum. Counell Member Delch voted for Bean and Couk. Council Member Klueaner voted for Bean and Daykin. Couueil Member Kring voted for Bean and Duykln. Council Member Nicholson voted for Cook and 285 Regular Session, July 1, 1991 Habedt~n. Coundl Memher Pratt vo~l for Daykin and Roth. Coundl M~mhor Voothe~ voted f~ Bean and l~ykin, l]~0fm~, Rich Bunn and Kim Ihykin wore apl~/ntad to the year mrna tht will unl~m 6-3-94. Trausit Be~d: One thee year term which will unpixe %30-94 (Term of tL Beings). APlliusnt: Har~ J. Ben~s. Council M~mlx~r Kluasnt~ moved tht Harry L Bemis be wappulnted to the Transit Boasd for the term that will exl~-o 7-30-94. Seconded by Council Member Pratt Co~ied by the following vote: Yeas---Mayor Brady, Councli Membe~ Delch, Kinesner, Kriug, Nichoison, Pratt, Voetherg. N&y~=--None. TV Cable Community Regulatory Commission: One three year term which will exllro 6-30-94 (term of J. Renior). A, pliicunts: Floyd R. Cook and Jim Renier. Vote on the appointment to the TV Cal/e Community Ruguhitoty Commission: Mayor Brady voted for Renior. Council Member Deich voted for Renior. Council Memlx~ Klu~sne~ voted for Rcnier. Council Member Fotug voted for Reniun Cooncli Member Hicholson voted for Ranger. Council Member Pratt voted for Ranger. Council Member ¥oethcrg voted for Ranger. The~forc, Jim Ranger ~Capl~ated to thc TV Cable Community Regulatory Commission for a tinge year mm which will CXl~e 6-30-94. TV Cable Community Teleprugranuning Commi~ioo: Three tigee-year team which will explie 6-30-94 (terms of Crooln, Lunune and Nash). Applicamt~: Floyd R. Cool Hugh Lunane, Russell W. Nash, Mary Severn Vote oo the app~atments was as follows: Mayor Brady voted for Cook, Nash and Severs. Council Member Delch voted for Cook, Lenaun and Severs. Council Member Kluusner voted for Len~ne, Nash and Sevor~. Council Member Kriug votad for Lennno, Nash and Sever~. Coondl Member Nicholson voted for Cook, Lenane and Nash. Council Member Pratt voted for Len~ne, Nush and Severs. Council Member Vootborg voted for Cook, Nash und Seven. Theref~, Hugh Lunaun, Russell Nush and Masy Severs appoinlad to the TV Cable Conununity Teleprngrammiug Commission for three year umm which will expi~ 6-30-94. Zoning Commt~ioo: Two thiv~ year temu which will expire 7-1-94 (terms of D. Faber & S, Hardio). Applicants: Denis D. Fabor, Vernon Hahnrko1~ Stephen F. Hardee and Jean Tiffany. Jean Tiffany, Vernon Haberkorn, Denis Fabet, Jr., and Laura Ca~tans on behalf of Stephen Hnrdie, spoke requesting appoint- ment. Vote on the app~atments to the Zoning Commission: Mayor Brady voted for Faher and lhb~korn. Council Member Dnich voted for Hahnrkom and Hardie. Council Member Khusanr voted for Paber and Hasdie. Council Member Krieg voted for Ho. fdic and Tiffany. Cooncil Member Nlchoisun voted for Faber and Hardte. Council Member Pratt voted for Hasd/e and Tiffany. Council Member Vootber~ voted for Haborkorn and Tiffany. Tbel~fore, Stephen F, Hardie reappointed to tho Zoning Commission for n three year term which will eXllre 7-1-94. There not being a majority for the ~.cofld appoinm~ent a second vote was tskcn on thc appointment to thc Zoning Conunlssion. Mayor Brady voted for Haberkorn. Council Member Dnich votad for Haherkorn. Council Member Klucsncr voted for Fabor. Council Member Kriug voted for Tiffuny. Council Memhe~' Nicholson voted for Fabor. Council Member Pratt voted for Tiffany. Council Membe~ Voethe~ voted for Tiffany. Again thcn~ being no majority, a third vote was taken. Mayor Brad?, voted for Tiffany. Cooncll Member Deich voted for Haberkorn. Council Mcmt~r Klucen~r voted for Tiffany. Coundl Member Faing vo~d for Tiffany. Council Member Nicholson voted for Tiffun¥. Cooncll Member Pratt voted for Tiffany. Council Mcmher ¥ootberg voted for Tiffany. Thcrc£oxe, Seun Tiffany appointad to th~ Zoning Comndssioo for a three yeau' term which will expire 7-1-94. Petition of John H. and D~is E. Kivhihun requesting vduntary annexation of their prettily located at 12764 J.F.K. Road and oonununication of City Maunge~ mc. om- mending apl~oval of the annexation ~.quezt, pre~ntad and wad. Council Member Klussne~ moved that the petition und communication be mc. nivad and filed. Seoondcd by Council Member Prat~ Caniad by the following vote: Yeas---Meyer Brady, Council Membe~ Deich, Kluesnor, ICdng, Nicholsun, Pratt, Veetberg. Nays--None. RESOLUTION NO. 223-91 A RESOLUTION ANNEXINO LOT 2 OF LOT I OF LOT I OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 3 IN HELEN E. AND MARY H. STEWARTS SUBDIVISION IN SEC- TION 16, DUBUQUE TOWNSHIP, DUBUQUE COUNTY, IOWA Regular Seeslon, July %___1991 Wl~as~, John tL and l~.ls B. Kivbhnn, a~ ownm of an mu app~xinmelY in ni~ lytn~ irnn~din~y edjm:~, to ~ City of Dub~un, Iowa, Imvo vmuntamy pell~iooed for annun~on of said ~3li~/to the City of Dubuque; and Whe~eus, Chapt~ 368 of the Code of IoWa unthmtms the extension of City lin~ts i~to~ioos of ~ abunu~ts~ by the adoption of a lCSulUtion; ami Wlte~u, the futm~ growth and devulop- that ~id ~nttory be mad~ l~n of the City of Dubuque, low~ NOW, TI-H~REFORE, BE IT RESOLVED BY THE CITY cOUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tbe tenltofini lin~ts of the City of Dubuque, Iowa, be and they are he,by extendad to include the mca oompdsing the following described 1ual estate to wit: Lot 2 of Lot l of Lot lofLotlof Lot I of Lot ~ of Lot 3 in ltnien ~. und Masy H. Stowafl~ Subdivision in Section 16, Dubuque Township° Dubeclue County, low~ The prol~flY to be annex~ is shown on the attached mop n~rked Exhihit 1. annexed shall be~on~ a part of the Ward, Twenty-Second Precinct of ~ City Dubequn, lowo. Section 3. Tlmt thc City Cielk be and she is h~eby unthoflzcd und disccted to submit ~ certified copy of this Resolution along with the attnchad map, to thn State l~nt of Trunapeflatioo, the Coonty Records, the Sec~tm'y of Stoto and the City Duvelopmcnt Board in snco~mc~ with Inovisions of Chapter 36g of thc Code of lowa. pazsed, approved anti adopted this 1st day of July, 1991. James E. Brady Mayor Attest: Mary A, Davis City Clerk Council Member Klunsunr moved edop- tion of the Resolution. Seconded by Council Membe~ Prate Canled by the followln~ v~: Yeas---Mayor Bntdy, Council Members Dnich. Klunsunr, Faing, Nichnlson, Prat~ Vootherg. Nays--None. 286 Communioation of City Manager xecom- mending the pu~hase of 5.02 ac~s of IDOT ~v. vSedaloog Soathern Avenue for un i~ic~ of $11,900 and requesting d to develo~ pbu~ for the u~ of the Frol~rty for ~ffo~ole housing in~uding su,~iun ooun R~co and oommurdcadon of Long Range Phnmug Comn~ssion mcadlug pasChusc of ~ on Soooth~s Avunun and devniopment of housing p for the In~pe~Y0 and a Reeoinfion Apl~oving Avenue in the City of Dub~un, mwa, amount of $11,900, In~ented and ~-ed. ~ Loober of qun~ted that the ~ be put. in ~ Bob and Iv~rk Idulo subnuttad p~an for properly to be trot into ,a. eclec~arktedat~'a'v~ Flus, 404 Southern Ave, ooject~a being u~d for housing. Jim Hudson, of 557 Soothem Ave., stressed using it for a park area, rather than for housing. Bob Fisch, Chair of the Hoosiug Comm., suussud the need for low and moderate income housing. Scott Schon'mun stated this is the City's Gladner, 740 English Lane, stated kids need aseat to l~ay. Chadic Glab, 800 Engllab lame, stated this is a ~lic~tad so, iai issue unti requnstad neighhnts' continuing invol?.rn~,nt. Bill Kelly, 911 Ttus~a supported ~t made into a green spot. Council Membe~ Pratt movad that the be gecuived and filad and Re~ulution adopted, with aseat to be developed for ~ffordable housing und/or open space. Seconded by CounCil Member gaing. Vo~ on the motion wus us f~liows: yeas,-CouncU lvlemhe~s Nichoison, Pratt. Voothorg. Nays---Mayor Brady, Council Members Dnich, Khieanor, gaing. Motion Council Member Kinusner moved to ap- prove the puwh~ of the property from IDOT to be used for g~een spnc~ and le~eationni use only. Scoondad by Council Member Dnich. Carried by the following vote: Yeas--MaYor Brady, Council Ivlembe~s Duich, Khiusne~, Kfing. Nays--Council Members Ntchdsoa, Pratt, Vootberg. Council xocussad at 9:34 p.m. Council reconvened at 9:49 p.m. Communication of City Idac, or ~equsat- ing authorization to enter into a ..c~_..unc, t aduitionni analysis on the feasibllity/cun flow pmjectious for the ~ golf ooufle, p~suntad and mid. Council Member K~g moved fl~t the oornmunicafion be 287 Regular Session, July 1, 1991 ~cived und fll~d and request Nqwoved. Secomied by Council Member ~ Canind by ~e following vote: Ye~ayor Bunty, Council Mambors Dcich, Kleeune~, lC-ing, Nicholsm, Prau, Vuntber~. Nays-None. Con~nanication of City l~na~er ,-equeat- inS approval to awmd a coutm~t for d~veloplng a Tranalt D~ve~opm~nt Program fo~ the F~yliun Transit System, presented and mad. Council Member Vcothe~ moved that tim communlc~ion be mccived and filed. Seconded by Council Member Krng. Carded by the following vote: Y~s---Mayor Bn~dy, Council Members Kleesr~r, FalaL Nicholson, Pratt, Voether~. Nays--Council Member D~ch. RI~OLUTION NO. 224-91 Wbe~as, sealed prolx~uls have been sulunitted by consulting firms for the Transit Development Program - Keyliun Transit System - and notice to biddar~ published ia a unfional transit weekly ucwspepe~ un tho 2.Sth day of March, 1991; and Whereas, said proposals were opened and zeviewed by the five member transit mvlaw committee, it has been determined that the bid of Al~ams*Cberwony & Associates of Phlledelpbin, P~unsylvania, in the amonnt of $31,~, was the lowest bid f~ fumisi~ng the servlc~ to develop a Transit Development Program. NOW, TI~.REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: $~:ffon 1. That the Agz~meat for the above trandt stedy be awaxded to Abrams- Chea~wuny & Associates and the Mayor b~ and is bemby d~-'ected to execute a contract on hahalf of the City of Dubuque for the corr~lete performance of the work. Passed, approved and adopted this 1st day of July, 1991. James t Brady Mayor A~est: Mary A. Davis City Clerk Council Member Voetber~ moved adop- tiun of thc Resolution. Seconded by Council Member Krog. Caeded by the following vo~: Yeas--Mayor Brady, Council Membe~ Kleeane~, Krleg, Nichdsun, Pratt, Vcother~. Nays--Council Member D~ich. Conmmulc~on fi'om the City Munster secommending that the $1.00 per ton in- crease in the tipping fee at the landfill effective August 1, 1991, not be p~ed on to City of Dubuque customers in cormnt Fiscal Year 1992, presented and read. Council Member Pratt moved that tho communication be z~ceived and filed and recommendation approved, Seconded by Council Member Krieg, Con~ed by the following vote: Yans--Council Meml~rs Deich, Klueaner, Kring, NicMIson. Pratt. Vcotherg. Nays~Mayor Brady. Communication from City Munnger zeconuunnding adol~un of ~ ~ w~ch c~fies ~t ~y~ ~ ~d ~ci~la ~mfi~s ~t out f~ ~ ~ · e ~ of ~e ~ of Dubuq~ ~d ~y ~ ~ is a violaH~ of ~w, ~n~ ~d ~ ~ Me~r ~ng ~v~ ~t ~e ~u~ ~ ~iv~ ~d ~. S~ by C~nc~ Mem~ ~ ~ by &e fo~o~ng v~: Y~May~ B~y, C~n~ Mem~ ~ich, ~uese~, ~ng, Nic~lso~ ~ V~i~. Nay~None. An Ordinance amanding the Cede of Ordinances by adopting a new Section 22-34.5 providing that the owne~sbip of gmbnge~ refuse, re~yclabie materials and recycling containers, placed at the crab for ¢olie~tion shall become the property of the City of Dubuque, and furdier providing that the c~laction or picking up of such materials by uny person othe~ thun persunnul autho- rized by the City of Dubuque shall constitute a viciatico thezeof, and ftmbur providing penalties for such violations, lm~sented and read. (OffICIAL PUBLICATION) ORDINANCE NO. $3-91 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A HEW SECTION 22-34.5, PRO- VIDING THAT THE OWNERSHIP OF GARBAGE, REPUSE, RECYC~- ABLE MATERIALS. AND RECYCL- ING CONTAINERS PLACED AT TIH~ CURB FOR COLLECTION SHALL BECOME THE PROPERTY OF THE CITY OF DUBUQUE, AND FURTHER PROVIDING THAT THE COLLECTION OR PICKING UP OF SUCH MATERIALS BY ANY PERSON OTHER THAN PERSON- NEL AUTHORIZED BY THE CITY OF DUBUQUE SHALL CONSTI- TUTE A VIOLATION THEREOF, AND FURTHER PROVIDING PEN- ALTIES FOR SUCH VIOLATIONS Regular Session, July 1, 1991 288 NOW, ~RE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1, The following new Section 22-34.5 is hereby edop~ed: Sec4ion ~.-34,5. Ownership of garbage, ~fme anti meyclable nmer~ls; ununtbefised perone prohibi~l from l~Cktng up or (a) From the time of placom~ut for colleefiun, as l~ovidad in Section 22-34, all gmbuge and ~efase, and ~.cyciabie roatesicis including but not lin~ted to glass, aluminmn, steel, piastin containers and newspapers, and recycling con~ne~s, placed for collection by the City of Dubuque and it shall be a vio- latiun of tl~s Section for uny pe~on oU~r than authorized personnel of the City of Dubuque to collect, pick up, or cause to be collected or picked up, any such matemils. (b) A violation of this Section by any person, finn or c. mporation constitutes a misdemeanor, and shall be punishable by a fine in a sum not exceeding one hund~d dollars ($100.00) or iml~isonment not to exceed thirty (30) days. Each vielatiun of this Suction shall constitute a separate and distinct offense. Se~inn 2. This Ordinance shall take effect upon pubiication. Passed, approved and adopted this let day of July, 1991, Jam~s E. Brady Mayor Atteat: M~'y A. Davis City Clerk Published officially in the Telzgraph Herald this 8th day of July, 1991. Mary A. Davis City Clerk It 7/8 Council Member Kres moved that t~s be considered the f~st reading of the Ordinance, and that the tuqui~ment that a proposed Ordinunce be considered and voted on for pessnge at two Council mantings pror to the meeting at which it is to be fiunliy adopted be suspended and further moved fianl adoption of the Ordinance. Seconded by Council Member Pratt. Carded by the following vote: Yeas~Maycr Brady, Council Mamben Ddich, Rieeaner, Krug, Nichulson, Prat~ Vcothe~g. Nays---None. petition of St. Anthony's Chinch ~uquest- tag the vsoatiun of Rosedale Avenue f~om St. Ambrme Sm~et easmly to wgp,~0c the and of thor cor~nt p~diing lot, and petition conmlulng 146 ~ganm~s objeedn8 to the clodng of gcaedale Avenun, p~sented nmi xe. ad. Stephunin Weber, St Antony's Parish Council Presidcnt, ste~d their concert is for thc sefcty of tbe ~7~ children at St. Anthony's S~hcol mul requested a public 208~ Rosedale, end Richesd Davis, objected to the closing of tbe steel Council Member Faing moved that the ~fmed to the City Manager's Office. Seconded by Council Membe~ Ntcholson. Canted by the following vo~: Yeas--- Council Membe~ Dcich, Klueaner, Kiing, Nicholson, Porn. Nays--Mayor Brady, Council Member Vuntherg. Communication of City Manager recom- meuding the adoption of a Resolution incmaalng thc ~imbm'sement for the use of pe~onal vehicles as official City business from 21 cents per n~le to the nmunnt antho- rzed by the Int=nci Revenue Sec'vice (c~- yearly 2'/.5 cents per mile) effective July 1st, presen~d anti ~ed. Council Member Voether~ moved that the commuulcatiun be x~cdived und filed. Seconded by Council Member Nicholson. Cmied by the following vote: yees~Mayor Brady, Council Membe~ Deich, Kiueaner, Falng, Nicholson, Pratt, Vcothe~. Nays---None. RF.~OLUTION NO. 2~-91 RESOLUTION ESTABLISHING THE MAXIMUM ALLOWABLE REIM- BURSEMBNT CHARGE FOR USE OF A PRIVATE AUTOMOBILE BY A CITY ONFICER OR EMELOYEE Wbe~eas, Iowa Coda Section '/9.9 provides that a City officer or employee is untitled to be paid for expenses in perfom~ng a public duty, such chmge to be made, allowed and paid for the use of un untomoblle, as deumulned by the iucul goveraing bedy~ and Whereas, House File 4'/9 amended Iowa Code Section 79.9, effective July l, 1991, to p~ovide that th~ mileage cha~c, as date,- mined by the local governing burly, nmy bu tho maximum allowable chnrga under Fedend latemal Revenue Se~viee~ Ru~es per 289 Regular Sss$1on, July 1, 1991 Whasu~, tbe City Council of tha City of Dubuque hu determtucd iht the mileage chaste *bould for City officeo and umplo~ nlm be the maximum ailowaiiu andas Fed~ul Intmtal Revenue Seodces Whe~as, the City Council reco~dzes such amount nay from time to time be visad under such F~erai Internal Revenue Se~lee Rules and thut the City Manager shmdd be uethodzed and dirneted to provide by Administrative Policy for such charge. NOW, THEREFORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. When a City officer or em- ployne is entitled to be paid for mileage expenses for the usc of a private automobile in performing a public duty on behulf of the City of Duboqne, a charge slndl be made, allowed and paid for the use of such auto- molilc in an amount that shall be equal to the maximUm allowable under Federal Iht=ual Revenue service Rules per mile. Section 2, The City Manager shall estab- Ush by Administrative Policy the prucedta~ for raimhaflement for such officer or employee, which Administrative Pulicy shall be ~evised by the City Manager from time to lime as may be nenessmy to be consistent Rules for fha maximum allowable for such mileage. Passed, approved and adopted this 1st day of' July, 1991. Att~t: Mery A. Davis City Clerk James E. Brady Mayor Council Member Voutberg moved adop- tion of the Resolution. Seconded by Council Member Nichols°n, Carried by the following vote: Yeas.--IVis~ Brady, Couucil Members Deich, IOuemer, Kriag, Nicbolson, Pratt, Voatharg~ Nays---None. Proof of Publication ce~ified to by the Publisher co Notice to Bidders of the receipt of bids for the 1991 P.C. Conc~te Paving Projuct and commuulcaliOn o~ City Manager recommending to award con~ruct for project, p~sonted and xead. Council Member Voutherg movod that the communicaliom be ruculved and filed. ~".couded by Couneil Member Niehoison. Cmied by the foliow~ng vote: Ycas---Mayor Brady, Council Membe~ Deich, Kluesner, Krleg, Nicho/son, i~ Vnetherg. Nays-None. RF. SOLUTION NO. 22~-91 AWARDING CONTRACT Wbe~as, sealed proposals have been sul~dtted by contructms for the 1991 P.C. Con~te Paving Project pursuant to Resolution No. 184-91 and notice to bidders published in a newspaper published in the City of Dubuque, Inwa on the 13th day of June, 1991; and Wbe~as, said sealed proposals were opened and read on the 20th day of Jane, 1991 and it has been dete~ulucd that the hid of tho l~lyan Compony, Inc. of Dubuque, lowa in the amount of $1,113,919.63 was the lowest hid for the furnishings of all labor and materisls and performing the work as provided for in the plans and specifications. NOW, 'ITIEREFORE, BE IT RESOLVED BY THB CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the coni~act for the above in.rove- trent be aw~ded to the Flynn Con.any, Inc. and the Manager be and is hereby directed to execute u contruct on behalf of the City of Dubuque for the complete perfonnance of the work. BE IT FURTHER RESOLVED, that upon the signing of said cataract and the approval of the contractor's bond, thc City Treasurer is authorized and instructed to retom the lid dcposha of the unsuccessful bidders. Passed, approved and adopted this 1st day of July, 1991. Ma~y A. Davis City Clerk James E. Brady Mayor Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Membe~ Nichulson. Carded by the following vote: Yeas~Mayor Brady, Canncil Members Dutch, Kluesner, Krieg, Nicbolson, Pratt, Voetberg. Nays~None. RESOLUTION NO. 227-91 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, July 1, 1991 290 ~ fha foliowin~ having coc~Idied l~OViStous ~ ~w ~ m ~ ~e ut ~ ~ ~ ~ of D~ 1o~ ~ ~. ~1 ~ ~h~ 574 ~t 16~ S~t As~ F~ M~ ~ Co., As~ R~ A~ F~ Sh~, M~w ~ ~,, 14~ ~ Blvd. B~y B~ ~, ~e ~m~s, 1958 Con~ Avm~ ~'s To~h F~ W~ ~o,, J~n R. ~H, 1875 J~. ~n~y R~ ~ Y~n C~ Rce~ C~u, ~ ~e S~ M~n A~c C~ W~h, M~n ~ ~ Du~, ~ ~i~, lng, 2~ ~t S~t Oky ~ky ~7, B & M C~v~ent 3301 ~neylv~a Sid's Bev~e, ~v~ly ~, ~ S~t M~ B~y Bu~*s ~t S~t T~ W~ey M~, 521 ~t S~t ~ub R~km, ~, ~ P. 2417 ~o~ Avanue ToH~e I~, ~, ~e P~nt As~. In~, 2~ W~t Du~q~ T~, ~, ~n~r, 1~ Asb~ R~ Ye Old Bm~ ~, Zo~ 32~ J~ S~ M~-~ C~y, ~, My~x Co~y, 175 W. 32nd S~t p~, a~v~ ~d ~ ~ 1st ~y of J~y ~1. J~s K B~y ~y~ A~t: M~ ~ Da~s Council ldernb~ DUlch moved adoption of the Resolution. Suc~dad by Council Member Klueanas. Cmied by the following vote: Ye.~--M~yor B~ady, Council Members Vuelim~; Nays---Noue. RESOLUTION NO. 228-91 Wharfs, N~plicatiues for Bner i $ubmittod and filed to this Couucil for upprov~l mid the san~ have bucn exemiued ued approved; Wberoas, the premisu to ha occupied by such upplicani~ were inspuc~l and ~umi c~m~ly with thu O:dineuces of this have filed ~ bonds. NOW, ~RE, BE IT R~SOLVED BY THE CITY COUNCIL OF ~ CITY OF DUBUQUE, IOWA; That thc M~r be euthmizcd to cause to bo issued thc following n~d applicants t Beer Porr~C CLASS "B" (I~VE DAY) BEER PEl/MIT Nitce of the Squn~ Table, Nites of the Squa~ Table, '/th St. Locust/Bluff Pined, aFlnoved and adopted this 1at day of luly, 1991. Jmnes F~ Brady Mayor ~ttteat: M~y A. Davis City Clerk Council Member Deich moved adoplion of the Resohitio~. Seconded by Council Kluasner. Cmied by the following vote: Yeas--Mayor Brady, Council blembe~ Daich, Klucsucr, Kfieg, Nichoison, Pra~ Vnet. Nays--None. I/F~OLUTION NO. 2~-91 Wbe~.m, applications for Liquor L~canses have been submitted to this Council fuc app~val and thu sam~ have beon exnmiucd ucd app'oved; and Wbe~as, the Inemises to be occupied by such applicanls were inspected sod found to coroply with the State Law and all City Ordinances ~ulevant thea~to ned they have filed proper bonds. NOW, TI~RI~ORB, BB lT RESOLVED BY THE CITY COUNCIL OF ~ CITY ON DUBUQUE, IOWA: Regular Session, July 1, 1991 That the l~nger be authorized to cause to bo issued tbe following nun~d appficanta a Liquor Lleense. CLASS "C" (COMMERCIAL) AND LIQUOR LICENSE Fischer & Conq~ny, Fischer Bowling Lanes, Sunday Sales, 880 Locust Craig J. Weiuer, Walnut Tap, 709 Uuivassity Csesiaces Bowling, lnc~, Cwdanas BowUng, Sunday Sales, 255 S. Main Pussy Schatler, PJ.'s Tap, Sunday Sales, 500 Rbumbasg APPLICATION FOR OUTDOOR SERVICE AREA Apertfl~nts, Ltd., Dubuque Mining Co., Kennedy Mall Passed, al~0roved ~nd adcpted this 1st day of Juiy 1991. Jarecs E. Brady Mayor Mery A. Davis City Clerk Council Member Duieh moved adopliou of the Resolution with P.J.*s Tap sub~oct to silin.-off of Butldinli Services. Seconded by Council Member Prau. Cunied by the fol- lowing vote: Yeas~Mayc~ Bntdy. Council Members Duich, Klunsner, Krieg, Nichoison, Pratt, Vcetberg. Nays--None. l~inted Council Pro~edings for month of Febm~y, 1991 presented for Council ar~,,¢al. Conncll Member Vunther~ moved that the Ixocuedlngs be aPlx'ovcd as l~inted. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Meyer Brady, Council Members Dclch, Kluasocr, Nicholsen, Pratt, Vuntberl~. Nays--None. MINUTES SUBMITTED--Cable Community Te~zpu~umnming Commission of 6-4; Cable TV Rnguint~y Commission of 6-19; filec~icsi Cede Board of 6-17; Five Fing~ Conmdssion of 6-17; Hist~ic Fimervation Commission of 6-12; Human Rights Commission of 5-13; Long Range Plmming Commission of 6-12; Transit Trmtun Board of 5-9 & 6-13, lwesented and read. Council Member Vuntherg moved that ~e minutes be seceived and filed. Seconded following vote: Yeas---Meyor Brady, Council Members Dcich, Kinasunr, Kring, Nicholson, Pratt, Vcetherg. Nays---None~ NOTICES OF CLAIMS/SUITS-Anthony M. Dix, in unknown amount, for pe~onai injmias; Ruben & Diane Leioun in the are,~mt of $5,925.75 for inopetty dam~as; Marceile Mardaass in unknown amount for personal injuries; Tom McDonough in ammmt of $170.45 for vehicle damngas; Pa~ck Reed in amount of $397.09 for vehicle damager; James Stock in amount of $632.'/5 fer unnecessary charges associated with u water shut-off at 430 Clarke Drive, presented and read. Council Member Vunthe~ moved that the claims and suits be referred to the Legal Staff for invastigation and report Seconded by Council Member Pratt. C. anied by the following ve~e: Yeas--Mayer Brady, Cunncil Members Doich, Kluesocr, Kring, Nichotson, Pratt, Voetberg: Nays~None. Communications of Cotpunuion Counsel advising the foilowing claims have been refened ~o Crawford and Comlmny, the ngunt for the Iowa Community Assurance Pool---cas damage of Osman J. Alibaslc; personal inju~ of Becky Fcht; ix~operty damage of Tom and Ann Fury; personal injury of Beverly and Leonard Gregory; car thumge of Timothy Pfiffuer, passoncl injmy of Mary White, Inasonted and read. Council Member Veetherg moved that the communi- cations be received and filed. Secsmded by Council Member Pratt. Cunied by the following vote: Yces~Meyor Brady, Council Members Dclch, Kinasner, Y, aing, Nichoison, Pratt, Vuetberg. Nays---None. Corrananie~ion of Zoning Commission advising of their approval of plat for property located at thc end of Camelot and Colonel Diivas, presented and read. Council Meml~ Voetberg moved that the communi- cation be received and filed. Seconded by Council Member Pratt. Caniad by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesocr, lfaing, Nicholson. Pratt, Vuntherg. Nays--None. RF~OLUTION NO. 230-91 A RESOLUTION APPROVING THE FINAL PLAT OF LOT 2-I-B OF EMBASSY WEST, IN TI~ CITY OF DUBUQUE, IOWA Whereas, there has be~m filed with the City Clerk a final pint of Lot 2-I-E of Embassy West in the City of Dubuque, lows; and Regular Session, July 1, 1991 292 Wbe~, ~id finei ph~t bus been examined by th~ City Zoning Comn~sion ~vd of ~ ~ ~ ~ ~ ~17 of B~sy W~ ~ ~ O~ of Du~, t~ NOW, ~ BE ~ ~ BY ~ ~ ~ OF ~ C~ OF D~U~ IOWA: ~ L ~t ~e p~t of~ ~I-B of E~sy W~t ~ ~d ~e ~ ~ h~by a~v~ ~ ~ ~Y~ ~ ~ O~ ~ ~e ~vd of ~ ~ of Du~q~. l~a u~ ~d fin~ pin~ p~. ~v~ ~d ~ ~ 1st ~y of July, 1991. Attest: Mmy A. Davis City Cleflc James E. Brady Mayor Council Member Voetberg moved adop- tion of the Rasolu~on. Secendad by Council Member Prat~ Cmied by the following vote: Yeas---Mayor Brady, Council Members Deich, Klcemer, K-,lng, Nicholson, Pratt. Vcetber~. Nays-None. Con-a-ouuication of Zoning Conm'~sslon advising of their aplxoval of plat as requested by Wast Side Devclepment Assouintes for psepe~ty located at the und of Cun~ot and Colonel Dtivas, (daf~masl from meeling of 6-17), presented end sead. Council Member Vcetherg moved that the communication be received sad filed. Seconded by Council Member Pratt. Carded by the following vote: Yeas--Mayor Brady, Council Members Duich, Kluasnas, IOing, Nicholson, Pra~ Vcetb~g. Nays--None. RESOLUTION NO. 231-91 A RESOLUTION APPROVING THE FINAL PLAT OF BLOCK 1, LOTS 10-12, BLOCK 2, LOTS 6-8 AND BLOCK 3, LOT5 10-14 OF EMBASSY WEST NO. 2 IN THE CITY OF DUBUQUE, IOWA Wberese, ~ has been filed with the City Clerk a final plat of Block 1, Lets 10-12, Block 2, Lo~s 6-8 and Block 3, Lo~ 10-14 of Embassy West No. 2 in the City of Dubuque, Iowa; and Wbe~as, upon said fiunl plat appear sUcets to be known a~ Embassy West Diiv. e and Cclond Drive, to,ether with certmn public utility ceas~r~nts which the owners by said fiuel plat have &dicated to the public forev~ and Whereas, said final plat has bocn examined by the City Zoning Commission and hod its apl~oVsi endorsed thereon; and Whunms, said final plat has been examined by the City Council and they find that the same conferms to ~ statutes and ordinances ~hiting theseto, except that no puMic utililias or streets have yet been installed; Whereas, the City Council concurs in thc coedilious of approval astablished by the City Zcuing Commission. NOW, TI~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: St, etlon 1. Tha~ the dedics~ions of Embassy West Drive and Colnocl Ddva, together with the easements for public utilities as the sam~ appear upon said final plat, be and the same ~e hereby ancepted. Section 2. That the plat of Block 1, Lets 10-12, Block 2, Lets 6-8, Block 3, Lots 10-14 of Embassy West No. 2 be and tho sarue is bereby N~oved and the Mayor and City Clerk aw beseby outhcsized and directed to emio~ thc approval of the City of Dubuque, Iowa, upon suid final plat, provided tke ownen of said property herein a. That no new subdivision plats for Embassy West 82 be accepted by the City of Dubeqou Planning Services staff until all a~:eruents n~da by, and a~reed to by, the owners of said l:~opcrty in resolutions alrproving Inevious final plate of Embassy Wast ~2 are completed, specifically including but not limited to the provisiou of tempura~y cul-de-sacs; b. To reduce Iffi streets to gredo and to hard surface with asphaitic c~mcmm, or with couerete paving with integral curb, all in accordance with the City of Dubuque standard Sl~CCificmices; c. To install sanitary sewer mains md sewer setwlce intcrais in accordance with plans approved by the City Engineer, 293 Regular Session, July 1, 1991 d. To install water mains and warn' smvico lamnls in accordance wllh plans aplwoved by the City F~ngincor, e~ To install storm sewers end cash ba~ns in accc~mce with pinns aplwoved by the City Engiue~, f, To install conc~te sidewalks ulong aH streets of th~ subdivision ~ng to g. To install boulevard street lighting in h. To construct the fc~gelng improve- menu in w, cordence with plans and slmcifi- cations approved by the City Manager, under the inspection of the City Engineer, and in u manner approved by the City MensgeC, i. To comtruct said improvemenu, ex- date of acceptance of this Rmelution; j. To maintain the foregoing in~tove- menu for u perind of two (2) years from the date of their acceptance by the City of Dubuque, Iowa; lc To install tampc~ cul-de-sacs to City specifications at the end of both Embassy West and Celonel Drives and maintain them until second accesses from both sUcets ~ developed to City standards; I. Toprovide the foregoing consUuction and mninteunnce at the sole expense of the subdivider, as owner, er future owner;, m. That the final owner of lots install conerete sidewalks to City standards within one year of the completion of structure on lot. And ferret provided that said West Side Development Associates, as owne~ of snid subdivision, secure the pefforn-mnce of the forngelng cundltions by providing security in such form end with such su~tins as may be acceptable to the City Manager. ,~ion 3. That in the event West Side Develolxnont Associates shall fail to execute the aceepumce md furnish the secusity provided in Section 2 hereof within fogy- five (45) days af~u- thc date of the Resolution, the provisions hereof shall be null end void and the ~ce of the de. cation end ~pp~oval the plat shall not be effuefive. Passed, approved end adepted this 1st dsy of July, 1991. James B. Brady Mayor AP. mt: ~ A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. ~31-91 We, the undersigned, West Side Development Asscointe~, Martin Helle and cundiflms of the Resoiudun No. 231-91 end bein8 familiar with the conditions tbereof, hereby accept this same and a~co to the conditiuns reqnix~d therein. Da~.d in Dubuque, lows this 8th day of July, 1991. By:/s/Mn~in Helle By:/s/Lores Palm To: Mary A. Davis, City Clerk Thls is to certify that the secmity required for the foregoing Resolution No. 231-91 has been inolmdy ~ovided. Dated at Dubuque, lows this 9th day of July, 1991. /s/W. Kenneth Ge~hm't City Menn~er Council Member Vontherg moved adop- tion of the Resolution. Seconded by Council Member Prat~ Carried by ~ following vote: Yeas---Mayor Brady, Council Members Deich, Kluesner, l~ieg, Nichelson, Prat~ Vcotberg. Nays-None. Authorizing Mayor to execute en Affi- davit stating Donald J. Herbst has complied with the covenant for the co~struclion of a building located in the 14th & Elm Streets area, pre~ntsd and reed. Counnil Member Voetberg moved that the Mayor be autho- rized to execute. Seconded by Council Member Prate Cmied by ~ following vine:" Yens--Mayor Brady, Coundl Members Deich, IOuerner, Kring, Nichoienn, Pratt, Vcotberg. Nays~None. Petition of Mr. & Ivlrs. Edward Allen, 10913 Key West Drive, requmting voiuntary ennexedon to the City and petition of Mr. & ~ Louis F. Sc. hmidt, 10901 Key West Drive, requesting voiunta~y annexation to the City, I~esented end tend. Council Men. er Vcotber~ moved that the petition be ~fened to staff for investigation and repor~ Seconded by Council Member Pratt. Ca~ed Regular Session, by the following vo~: yeas---Mayor Brady, Counull Memlx=s Delch, Kinesner, Kdng, Ni~, Pratt, Voetbe~. Nays--None. Proof of Pub~on certified to by the Pub~ber on Notice of intent to fil~ a Request for Release of Funds for the Dubuque Cerpoo~ Business Park (Wm. C, B~wn Company) lzoject, wesented and read. Coundl Member Voetber~ moved that the proof of publication be x~elved end Canied by the following vote: Ye41s~Muyor Brady, Cmm0li Members Dnich, IOuesuer, Kfieg, Nicholenn, Pratt, Vontberg. Nuys--No~. Cormnunic4ulon of City Manager subtit- ling Fiunncinl Report for the month of May, 1991, l~.Sented and read. Council Member Vcotber~ moved that the communica~on be received ~md filed. Seconded by Council Member Pratt Cnn'led by the following vote: Yeas--Mayor Brady, Conncil Members Deich, Kluesner, l~ing, Ninhoison, Pra~ Voatbe~. Nays---None. Communication of City Mennger ~luest- lng spprovsl of en sppllcation to the U.S. Doperm~ent of Housing end Urban Develop- ment for Section 8 Program Housing Vouehers, Im~sented end mad. Council Member Vontlm~ moved that the onrmneni- cafion be ze~elved and filed. Seconded by Council Member Pra~ Carried by the following vote: yeas--Mayor Brady, Counnil Members Dnich, Kineener, Kflng, Nichelson, Pratt, ¥oethe~. Nays---Non~ RESOLUTION NO. 232-91 A NBW RESOLUTION AUTHO- RIZING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE SECTION 8 HOUSING VOUCHER PROGRAM When. as, the City of Dubuque rec~ulzes the condnning unmet need for provision of resisted housing to thc City's qunlifying lower-incorr~ households and families; end Whereas, the U.S. Depm'tmeut of Housing end Urban Developreent has invited tbe City to mabe application for additional Section 8 Housing Vcocher Program funds; end Wbe~as, and in accordance with Selden 403A.5 of the Iowa Cede which sMtes: "A mum'nipniity or a 'Muulnipsl Hous- ing Agency' nmy not preceed with u housing project until a study or n mpo~t end recommendation on housing July 1, 1991 294 av~able within the community is ma~ public by the municipality or ngency end is included in its re~om- mendafiom for a housing projucL Rucomrunndaflons must receive nmjority Spl~oval from the local governing body befo~ Incoeeding on the housing p~eet.' AND IN ACCORDANCE WITH Section 213(c) of the Homing and Community Development Act of 1974, which states in pert that we must determine whether or not them is u need for such housing assistance, taking into consideofion uny applicable State or erca-wide housing assistance plen as well as generally available data with respect to population, povefly, housing overcrowding, housing v~.ancins end substandard housing. An application may be spp~oved only if our determination is in the aff'm~ative; snd Wberces, this spplication is consistent with the 1988-91 Housing AssisUmce Plen for the City of Dubuque ~s apl~oved by the HUD Area Office in December, 1985. NOW, THERI~ORE, BB IT RESOLVED BY ~ CITY COUNCIL OF DUBUQUE, IOWA: Se~lon L That the City of Dubuque has determined there is a need for additionni housing assistance and is knowledgeable of the status of available housing within the City as requbed by Iowa Code and that majority apwov~l of the proposed housing activity within the City's jmtsdiction is hereby granted. Sullen 2, That this Rmelutico is intended to serve as the City of Dubuque's finsl notice to the U.S. Depm'm~nt of Housing and Urbun Development of such app~'ovni end that no additionul conm~ut will be made by the City of Dubuque on this Se~hin 3. The Mayor is enthorlzed and directed to submit an application to the U.S. Department of Homing and Urban Development fcr pa~cilmtico in the Section 8 Housing Voucher Prngram. SeO~on 4. The City of Dubuque Housing Commission is directed to meet and conduct the nm~rsaty public heating regerding this spldication in acco~dsnce with requirements of Chapter 403~.23 of the Cede of Iowa, end to review the Flans for program design end adminismulon of this proposed program. Section 5. The City Munaser is hereby authori~d and directed to forward said 295 Regular Session, July 1, 1991 apliication and msuliing standmd execo~d coatlic~ to the re~rpecgve a~nnci~ in · tirunly f~hio~ und u required by th~ U.S. i'm~, ~owd md ~lopted t~ l~t dey of July, 1991. Mary A. l~vis C~ty Clerk Jan~s E. Bredy Mayer Council Member Vcetherg moved ad~p- finn of the Resolution, Seconded by Council Memb~ Pratt. Carried by the following vote: Yces--Mayor Brady, Council Members Deich, Klun~er, Krlng, Nichcison, Prau, Voethe~. Nays---None, Communication of Delos l~weller eXlX'esstng dissetisfactica with ~e Dubuque Hu~ ~gh~ ~sMo~f ~d ~- m~fion of ~l~ A~M, ~ty. Hu~ ~h~ ~, ms~ ~ ~ ex~s~ ~ ~. ~, ~n~ ~d ~ Co,ed ~m~ V~ ~v~ ~ ~ ~om ~ ~v~ ~d ~. ~ ~ Cou~ M~ ~ C~ by ~e foHo~g v~: Y~a~ B~y, C~n~ Mem~ ~ch, ~un~, ~ng, Nic~l~ ~ V~t~. Nay~Nonc. Petition of Dubuque County Conservation .~ciety submiding proposnt to ,set "No Wake" area in Pecsta Channel in the uaw bridge e~t to Main channel area, Inesunted and read. Council Membe~ Vuntbuvg moved that the petition be re~ved end filed. Seconded by Council Member Pratt. C~rded by the following vote: Ycas~Mayer Brady, Council Membu~ Deich, Klunsunr, K~ieg, Nicholson, Pra~ Voetburg. Nays--None. Communication of ~tion C~unsel recommending settien~nt of oar damage claim of Jeen Bruce in the amount of $52.43 and funbur requesting thc Council to erder tho Soo Line R.RI Company to repair hall- road tracks on Kerper Boulevard in the vicinity of Gec~ia Pacific and Union- Hoennann Press, i~escated and read. Council Membcr Voatburg moved that the corranuni- cmion be reee~ved and filed and sattiement apln'oved with F~nunca Dit~tor to issue the check and refer to the L~al Staff to notify the Soo Line. Seccmded by Council Member ~ Canied by the following vo~e: Yeas---Mayer Brady, Conned Memben Vuntherg. Nays--None. Petition of Dubuque Symphony Orchestra requesting approval for a repcat perfermunca of their Laber Day Weekend Pops Concert at the Hawl~orun Street landing, presented and re~. Council Member Vcether~ moved that tho petitica be approved, subject to imlde- m0ntation of the City Manager. Seconded by Council Member Prat~ Carried by the £ol- lowing vote: Yes--Meyer Brady, Council Membe~ Deich, Klunsne~, Kflng, Nicholso~, Pratt, Voetherg. Nays--Noun. nger. with a petition attached, regmding the installation of s~dewalks on both sides of Rockdale Road. presented and read. Council Membe~ Vuntburg moved that the communi- cation be received and filed. Seconded by Council Member Pra~ Canied by the following vote: Yeas--Mayer Brady, Council Members Deich, Kluesner, Krlng, Nichol~on, Pratt, Vcatburg, Nays--None. Council Member Klunsner re~d into the record u let~r ~rom the U.S. Depa~ment of Sustica Civil Rights Division advising of their ciosu~ o~ the investigation of the Dubuque Police Department regarding the Arnold Williams incident. U.S. Department of Justice Civil Rights Division Washington, D.C. 20530 JRD:LKD:Imt DJ 144-017027 June 14, 1991 Mr. John Mauss Chief of Pedca Dubuque Pciice Depmmuent Law Enforcement Center Dubuque. iowa Dcaf Chief Mauss: The Civil Rights Divisi~m completed its review of the investigative mpmt submitted by the Federal Bureau of Investigation concerning sllnga~ons that officers of yoor Department were involved in a criminal violation of federal civil rights statutes regarding the delnivation of the civil rights of Arncid Willlam~ Aft~ n capful review of that reper~ we conciuded that this molter should be closed. Accoufingly, based upon the inferrmtion currently avedaMn to us, lids Depatm~nt has no intention of taking any further action. Regular Session, July 1, 1991 Thank you fer your inmest und Since~ly, John R. Dunun Ass~stunt Atteruny General Civil Rights Division BY: Linde K. Davis Chief Criminal Section The~ being no fm~er business, Council Member Vuntbu~ moved to edjoum. Seconded by Council Member Pratt Canled by the following vote: Yeas--Mayer Brady, Council Mnmbe~ De,ch, Klue~ner, Kfieg, Nicholson, Prat~ Vunthe~. Nays--None. M~ting adjourned at 10:52 p.m. Mmy A. Davis City Clerk Memi~a~ 296 297 Board of Health, July 15, 1991 ~TYQFDUBUQUE BOARD OF HEALTH QUARTERLY MEE~NG Meeting adjourned at 7:32 p.m. Mary A. Davis Secretary Board of Health, Regular Qu~terly ~ee~ion, .July 15, 1991. Board mot at 7:25 p.m., Public Lib~m7 Auditorium. P~sunt: Charon Brady, Membe~ Dulch, Klnesner, Krieg, Nicholson, Prau, Vcett~rg. Chsirpe~on Brady read the call and ~ this is the R~gular Quarterly Meeting of the Board of Hunlth eailed fee the parlx~e to a~t upon such business which nmy como befo~ the Beard. There being no bt~ine~s to como d the Board at this t~mo, Boanl Member Vuntberg moved to adjourn the meeting. Seconded by Board Member Nicholson. C~mied by th~ following vote: Yeas-- Chalrpe~on Brady, Board Membe~ DUlch, lO·es·er, Krleg, Nichulson, Pratt, Vcetberg. Nays---None. Attest: Sectet~Board of Health Regular Session, July 15, 1991 298 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session. July 15, 1~1. Coun~l mot st 7:30 p.m., Public LtbnaT Auditmlum. lu~eent: ~y~ B~y, Co~ ~m~ ~ch, ~, ~g, Nic~ G~ Ci~ ~t~ W~ Bin~ A~c C~ C~ B~ A, ~n~. May~ B~y ~ ~ ~ ~d m~ is ~ Reg~ Money ~ng ~ Co~ ~ f~ ~e p~ ~ ~t u~n ~f~ ~e C~. Inv~on w~ ~v~ ~ Rev. R~ P~ of Sc L~'s U~ M~st Ch~ch. pR~ON~W~ ~ 11-18 ~ "~n~y H~di~ H~ W~k"; ~. Pat ~ ~n~ Pa~ ~, ~ of ~n S~ L~ Co~ Mxm~ ~ ~v~ ~ ~ s~ ~ ~ow ~ ~nt ~n~ by Co~ ~ ~ by ~e foH~ vo~: Y~y~ B~y, Co~ Me~ ~ch, ~n~. Ni~ol~, ~ V~. Na~N~ ~f of ~b~ ~ Pu~sh~ ~ N~ of PubHc P~ng ~un ~ ~ 5~ ~ ~ve C-1 m C-2 ~s~ct ~d ~m of ~ B~t~h ~s~ng ~ ~d~ ~s ~ng, ~n~ ~ ~. ~ by Co~ Mem~ Ni~n. C~ by ~ f~o~ng v~: Y~ Co~ M~ ~, ~, Nic~, Co~ M~ ~, V~t~. un~ ~t ~ ~. B~h. Pat as lxeeeate~ Bob Ct~uln, 2127 Oold St., sulx~tted · ~lition with 27 signatures oplx~ing the ~zoning. Lyle Gnmt of 579 Clarke Dr., ob~ted to ~he ~ezuning mi·esL An Ordiunn~ t, mading Code of O~di- minces by rcolmifying propar~ located ~t 590 entire I~ive fxom C-I Neighbuthnod Comrun~ Dis~et to C-2 Neighbuthund Council Membe~ Nichuleen moved Ibut Ihe requirement that a proposed Ordinunee bu consideeed and rated on for lms~gn at two Council meetings l~Ot to the m~ing at which it is to be finally adep~l be su~- ~nded and fu.-~ar moved flunl adepttun of the ongnance with ne amundmunt to include apldianees and sulks as a coedilionul u~e in this C-I zoning and to fu~bur adjom'n this presell O~nance to ~ aunt Council meeting to get the signed agreement regard- ing the an~ndment. 5ncondad by Council dembe~ Pratt. Vote on ~ motion was as bllows: yeas--Council Members Deich, Kfleg, Nicholson. Pratt. Nays.--Maye~ Bn~dy, Council Members Klnosnor, Vuntbu~. Motion f~iled dna to 3/4 vote needed to suspund m~lin~s. Coundd Membur Nichulson then moved toinsU'unt the Zoulng Commission to inc~ade aFplianees and soles as a coaditionsi use in C-! Zoning. Snconded by Council Member Pratt. Ca.ed by the following vote: Yees-.-Mayor Brady. Council Membe~ Dr~ch, Kineeunr, KSIeL Nichulson, Prst~ Vcetbe~. Nays---None. Council recessed at 8:47 p.m. Council reconvened at 9:05 p.m. Proof of Publicmton unflified to by the Publisher on Notice of ltemlng on Ptuns and Specifications fee Comtre~lion of th· Dubuqne C~lporate Center Office Park and Pennsylvania Avenue Roadway and U6lity [.,t~von~nts; Proof of Publicedon certified to by the Publisher ce Notice of Heating on Resolution of Neceesity for proj~t and certificate of City Clark stating notices ware sent to known Ix'operty ownc~s advising of hearing on Reeulution of Necessity for Mitten objee~one mceivad and no ~ ob. jeeto~J In~sunt st the limo of the honfin~, Council Member Klneseer moved that tbu proofs nod eefliflcate be received and filed. Seconded by Council Ninmin~ Pratt. Ca. ed by the following vote: Yeas---Mayor B~ady. Council Members Deich, Kind·er, KfieS, Nichulson, Pratt. Vuntburg. Nays=Noun. ~99 Regular Session, July 15, 1991 RESOLUTION NO. 233-~I RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whe~ens, on the 14th day of Juee, 1991, plane, specifications, form of contzact and enflnated onst w~e filed with tho City cierk of Dubuque, Iowa for the Dubuque Cmpu- ma} Centre- Office Park and Pennsylvania Avenue Roadway and Utility Improvements; and Wherens, notice of hearing on phns, SlX~flcatioes, form of contra~ end estimated cost was published es mtuimd by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of c~m~ct ned estimated cost a~e hereby approved as the plans, specifications, form of connect and estimated cost for said irr~rove. ments for said projecc Passed, adop~l and aplxoved this 15th day of July, 1991. Attest: Maxy A. DuVIs City Clerk James E, Brady Mayor Council Member Khiasuer moved adop- tion of the ReMlution. Seconded by Council Member PmtL C. mied by tho following vote: Yens---Mayor Brady, Council Members Deich, Khiesuer, Kfieg, Nichoison. ~ Vuethesg. Nays--None. RESOLUTION NO. 234-91 RESOLUTION WITH RESPECT TO TI~ ADOPTION OF THE RESOLU- TION OF NECESSITY PROPOSED FOR THE DUBUQUE CORPORATE UEN'i~R OFFICE PARK AND PENNSYLVANIA AVENUE ROAD- WAY AND UTILITY IMPROVE- MENTS Whereas, tbe City Council has proposed a Res(lution of Necessity for the Dubuque Corponue Center Of flue Park and Pennsylvania Avenue Roadway and Utility lml~ovees~tt, has 8iven notice of the public homing tbereon as ~.quix~d by law; and Wbe~ar. the public hearing has been held, ail pe~ons offering objections have been heard and consideration &riven to all objection~ and is pending before this Council; and Wberens, this is the time and place set as ]~ovided for the taking of a~tion on the propused Reenlution of Necessity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby adopted, without amendment, and all o[~ections filed or made having been duly considered a~ overculed. Passed, adopted and approved this 15th day of July, 1991. Atteat: Mary A. Davis City Clerk Jatre. s F. Brady Mayor Council Member Kluesner moved adop- tion of the Reaolulion. Seconded by Council Member Pratt Carried by the foHowlng vote: Yeas--Mayor Brady, Council Members Duich. Kluesuer, i~ieg, Nichulsun, Pratt, Vuetbe~g. Nays~None. RESOLUTION NO. 2:~-91 ORDERING BIDS NOW, THEREFORE, BE IT RESOL VBD BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Dubuque Corporate Center Office Park and Pennsylvania Avenue Roadway and Ufflity Improvements is hereby ordered to be advertised for bids BE IT FURTHER RESOLVED, that the amount of the security to aeconFany each hid aha]] be in an amoont which shah conform to the provisions of the notice to hidders hereby approved as a pa~ of the plans end specifications harctofore adopted. That the City Clerk is hereby directed to stverlise fa hids for the conatr~tion of the i~v~nm h~n ~vM~, ~ ~ pu~ ~ in a ~w~ ~vi~ ge~ ~. lafi~ in ~e ~ of ~b~, low~ w~ch no~ s~ ~t ~ less ~ ~ ~ys n~ ~ ~ ~ ~ys ~ m ~o ~pt of ~d ~ at 2:~ p.~ on ~ 3~ ~y of J~y, l~]. Bids s~ ~ ~n~ ~d ~ by en~ ~ ~e C~n~ f~ fin~ ~on at 7:30 p.~ ~ ~ 5~ ~y ~ A~us~ 1~1. Regular Session, July 15, 1991 30O Passed, adopted and aplxoved ~is 15th day of July, 1991. .bi~s E. Brady Mayo~ Attest: Mary A. Davis city Clerk Council Membe~r Kluesner moved adop- tion of the Resolution, Seconded by Council Member Pratt Carried by tho followin~ vc~: yem---Mayor Brady, Cooncil Members Dnich, IOuemar, Krlng, Nichulson, Pratt, Vuethe~, Nays--None. Proof of Publication entitled to by the Publishe~ on Notice of Heating on Plans and Specifications for the Remodeling of the Dubuque County Emergency Ope~tions Center, p~seoted and Imni. Council Memhes Pratt moved that the proof of publication be received and filed. Seconded by Council Ivlemhes Nicboison. Cunied by the following vote: Yees---Ma~ Brady, Council ldembers Dnich, Kluesuer, Foing, Niohulenn, Prat~ Vuetbe~g. Nays--None. RESOLUTION NO. 23g-91 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Wberces, on tho 12th day of June, 1991, plans, specifications, fc~m of contract and estimated cost were filed with tho City Clerk of Dubuque, lows for the Remodeling of tho Duhaque County Eme~uncy OFerations Center, Wlmuns, notice of hearing on plans, specifications, form of conm~Ct, end estimated cent was published as ~equlxed by law. NOW, THERBFORE, BE IT RESOLVED BY THB CITY COUNCIL OF THB CITY OF DUBUQUE, IOWA: That the said plans, specifications, fern of conUact end astimated co~t a~ hc~by aPl~oved es the ltans, specifications, form of conh'act and estimated cost for said improve- ments for said projecL Passed, edoptcd and ,,~,~,,,,ved this 15th day of July, 1991. Jam~ K Brady Mayor Attest: Ms~y A. Davis City Clerk Council Menthes Pratt moved adoption of tho Resulution. ,~conded by Council Member Nichulson. Carded by the foliowing vote: yent---Mayec Bredy, Council Members l~dch, Riuem~, IG-ing, Nichulsun, Prm, Vuellm~. Nays--None. of Publication certified to by tho Publishar un Notice to bidders on tho receipt of lids fcf project nmi communication of City Mannger advising no b~ds were received for th~ l~ojcct on July 3~d and zequasting Counci~ to approve plal~ and specifications as presented and anthoriz~ tho Cierk to rebid the project, upon motiun teueived and filed. Council Member PraR moved that the proof end communication be leceived and filed. Seconded by Council Member Nicholsen. Canied by thc following vote: Yens--Mayor Bxady, Conncli Members Dc~ch, Khiesner, Krlng, Ntchoison, Pratt, Voetberg. Nays-- Noun. RESOLUTION NO. 237.91 ORDERING BIDS NOW, TIH~REFORE, BE IT RESOLVED CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the ~emodoling of the Dubuque County Emergency Operations Center is be~eby ordered to be ~edvonised for bids for coesttucsiom BE IT FURTUBR RESOLVED, that tho amount of the sccmity to accompany each bid sbeli be in an an~unt which sbe~ conform to the provisions of tho notice to hidders bexeby approved es part of tho plans and specifications beretofo~ adopted. That tho City Cierk is hc~uby directed to for bids for tho constrttction of tho improvements he,-in provided, to be in a newspaper having general in the City of Dubuque, lows. which notice shall not be lcas than 4 days, to mor~ than 20 days, Ixlor to the ~er. eipt of said hids. Said bids shall be opened and read by tho City Clerk at the published lime and will ha sulxni~ed to the Conncli for final action nt the next City Council meeting subsequent to the ~eueil~ of said bids. passed, ,vp,,,ved and adopted this 15th day of July, 1991. lames E. Brady Mayor At~.st: Mary A. Davis City Clerk 801 Regular SesSiOn, July 15, 1991 Council M~mber Pratt moved edoptim of ti~ Rusolution. Seconded b~ Council Mcmb~ Nichcison. Carried b~ tbe following vote: Yeos~May~ Bred~, Council Merflbers Deich, Klueaner, Faieg, Nichd~o, Prett, Vo~; N~y~---No~. Almond SJ~., lWasented and nmd. Council Memh~ Klucener moved gut the communi- c~ion be received and filed. Scamded by Council ldember Krieg. Carded by tho following vote: Yeas---Mal~r Brady, Cotmctl Idemhers Dnich, Kinasner, Klie~, Nichulson, Ptau, VuntherS. Nay~Noue. RESOLUTION NO. 238-91 A RESOLUTION OF INTENTION TO DISPOSE OF CITY-OWNED PROPERTY: THE WESTBRLY 40 FBET OF LOT 66 IN COX'S ADDI- TION TO DUBUQUE, BEING A SUBDIVISION OF DUBUQUE CITY LOTS NO. 679, 680, AND 681. AND MINERAL LOTS NO. 94, 101, 10lA, AND 102 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, ACCORDING TO TI-~ RECORDED PLAT THEREOF Whereas, the City of Dubuque bus solicited and received offers to purchase for the aborn refe~ueced properly in the amount of $200.00 in accordance with an offer to buy ~ti entste attached he~to; and Whereas, by ecccpting the selected offer tho City's objectives of provision of first- time h~wue~htp to a qualifying fanily and rebebllitatiun of an abandoned home can NOW, TI~.RBI~RE, BE IT RESOLVED BY TI~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SecBon 1. That the City of Dubuque. Iowa, intends to dispose of its interest in the foBowing le~ally-dascfibed property: The Wastedy, 40 feet of Lot 66 in Cox's Addiliun to Dubuque, being n Subdivision of Ddi~que City Leu No. 679, 680 and 681, and Minend Lots No. 94, 101, 101n and 102 in the City of Dubuque, Dubuque County, steering to the L~xmted pint thereof. Section 2. That the City of Dubuque, Iowa, l~3XMe! to dispose of its inteT~st in the henifl described real estate to Daln J. and Kimbeily R. Klinkhammer for the coo- sideratiun of $200.00 and the terms of an offer to buy rca] estate attached he.to. Section 3. That this Council meet in the C. amegie Stout Public Library Auditorium, llth and Bluff S~xue~, Dubuque, Xowa, at 7:30 p.m. on the 5th of Angast, 1991, for the purpose of taking action un the disposition of tho herein described reel estate in the.City of Dubuque, iowa. Se~llon 4. That the City CImk be and she is hereby authorized and directed to cansen notice to be published as p~s~ibed under Chapter 364.7, Disposal of Property -- Code of lowa 1987 or as amended. Passed, approved and adopted this 15th day of Jciy, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Klueseer moved adop- tion of the Resciutiou and further ~et it for pnidic hearing ou August 5, 1991, at 7:30 p.m. in the Public Liheaty Auditorium and that tho City Clerk publish notice in tho manner prescribed by law. Seconded by Council Member KilnS. Carried by the following vote: Yeas--Mayor Brady, Council Mnmben Deich, Kluasner, lC-lng, Nichulson, Prat~ Voethers. Nays--None. Communicagon of Zoning Conunission advising of their approval to rezone property located North of Pennsylvania Avenue, between Redfonl Road and the City limits from C-2 to C-3, lX~Sented and ~.~ui. Cooncli Member Voetberg moved and that the c~m- mudiceliun be xecetved and filed. Seconded by Council Member Ntchciann. Carded by the following vo~e: Ycus--Mayor Brady, Council Members D~ch, Kluesner, Klieg, Nicholson, Pra~ Vuether~. Nays~None. An Ordinance arnending Coda of O~di- nances by ~laasifyins Ixope~ty N~ ~ Pe~sylv~ Avenue, ~n ~ R~ ~d ~ Du~q~ ~ ~m C-2 N~gh~ Sh~ Cen~ ~s~ct to C-3 G~ C~ ~s~c~ ~n~ ~d ~ Co~ ~m~r V~ ~v~ ~at ~ ~ ~si~ ~c ~t ~ng of ~ ~ ~d ~t ~e ~nt ~at n ~ ~ ~ ~d~ ~d vo~ m f~ ~e at ~ Co~ ~n~ ~ m &o ~ng at w~ch it is m ~ fi~y ~ ~ su~n~ ~d f~ ~v~ ~t a pu~c h~ng ~ hdd on ~o ~ ~ on ~ 5& day of Angus~ ~991, at 7:30 Regular Session, July 15, 1_____991 reann~ preserihed by inw, ~ .,by Council ldernbn* Ntchelson. CMxted by u~ following vo~: ye,~lday~ Brady, Ntcholson, Pratt, Vuetber~. N&ys--Nono. Communic~ion of Zoning Conml,ion advising of thor ntYprovnt to ~ezone m~m~es ~ F, ast of Redford R_on~.,, ~/e~t of Embe-y West Snlxlivisin~, ~ousa of the Asbury City limits and North of the R-2, R-3, R-4 and C-'l, lacuenme anu ~, Council Member Klaasner moved that the Seoonded by Council Member Pratt. Carried by the foBowing vote: yeas--Mayor Brady, CounCil Mnmbers Dcich, Klueaner, Faleg, Nichulson, Ptat~ Vuethe~. Nays--None. An Ordinance amending Cede of O~di- nances by ~:ciassifytng property iecat~ East of Redford Road, Wust of the Embassy West Subdivision and Lot 2 of ~ SE 1/4 of the HE 1/4 Section 19, T89N, R2E in the City of Dubuque, Sooth of thn Asbory City linits and North of the Nmih Ran~. n Ind_us .t~.. P~k f~om AG Agficciture Distant to F.-! ~regre' Funily Rnsidanllal Disuict, R-2 One and Two-Family Residential Disulct, R-3 Moderate Density Mdill-Funily Re~den~ Disuint, R-4 Multi-Family Rendanuai District and C-2 Neighborhood Shopping Cout~ Dis~ct, p~rented and reed. Council Member Klueseer moved that this be con- stdered th~ first ~.,~in g of the O~diuence and that it be set for public hearing on August 5, 1991, at 7:30 p.m. in the Public Library Auditorium and that tho City Clerk publish nmico in the manner PlV'acfibed by inw. Seconded by Council Member Pratt. Canied by the foBowing vote: Yeas---Mayor Brady, Council Members Delch, Kinasner, Kaing, Nichulson, P~atl, Voetb~rg. Nnys---Nun~. Communication of Zoning Commission advisinn of their nplnoval to rezone pre~ nt 2389 Uulver~ity Ave. from R-I to R-2, presouted and ~ Council Member Vcetber~ moved that the communication be reueived and filed. Seconded by CouecB Member Nichulsen. Canied by the foBowing vo~e: Yeas---Mayor Brady, .C~.. uncil Memhe~s Dnich, Kluesner, Kaing, N~chulson, Pratt, Vuether~. Nny~---None. An Ordinance an~nding Code of O~di- nances by ~.l~u~irylnS pmpuny ~ at 2389 University, from R-I Single-Fanily Residential District to R-2 nun and Two- Fanily Residential Dishlct, p~sented and read. Council Mamher Vuetherg moved that 302 this be ~onsidanxl the lust n~dtng of tho Ordinance, and that ~ ~qul~ment thnt a pmpo~d O~linance be considered and vo~ed on fo~ pas~ at two O;)uncil t'ncellngs prior to tbe menting at which it is to be finally snooted be suspended and fuflher moved that ~ ,,~,t,I;c hcezla~ be held on the prepceed O~diuence on the 5th day of August, 1991, at 7:30 l~m, iu tl~ Publin Library Audi- tofium and that the City Clerk publish notice in thn nmoner prescribed by law. Seconded by Council Mnmb~ Nicholson. Camed y thn following vote: yeas--Mayor Brady, Council Iv~mhers Dcich, Klueaner, Kting, Nichulson, Pratt, Vue~he~g. Hays---None. Coonnuniceliou of Zoning Commission advising of their approval of a text amendment to Section 4-6.2(A) of the Zoning Ordinance, l~sented and re. sd. Council Member Pratl moved that thn be xeccived and filed. Seconded by Council Member Kfieg. Carded by the following vote: Yeas-Mayor Brady, Council Members Dcich, Kluesuer, Kring, Nicholson, l~att, Vuetberg. Nays--None. An Oldimmce smceding Zoning Oult- nance by ~.aling the present Secllon 4-6.2(A) and adding thereto n new Section 4-6.2(A) providing that the bcildabiBty of nonconfoming lots he altered, IXescnted and ~nd. Council Member Pratt moved that this be consid~d the fusi ~dlng of thn Ordinance, and that the rcqui~ruent that a proposed Ordinance be considered and voted on for passage at two Council ruectings ptior to thc mceling at which it is to be finally adopted be suspended and fm-ther moved that n public hcasing be held on thc pmpored Ordiunece on the 5th day of August, 1991, at 7:30 p.m. in the Public Libra~ Audi- tofium and that thc City Clerk publish notice in the nmnuer p~scfihed by law. Seconded by Council Member Kalcg. Canied by thn following vote: Yeas---Mayor Brady, Council Members Deinh, Kluesuer, Kxing, Nichulson, Pratt, Voetberg. Nays--None. Communication of Zoning Commission advising of their denial to rezoue lwopeny located at 2617 University Ave. from C-I to C-2, l~Santed and xoud. Council Member Vuether~ moved that the communication be received and filed and concun~d with denial. Seconded by Council Member Nicholson. Canied by thc foBowin$ vot~: yeas--Mayor Brady, Council Members Dclch, Kluesuer, Nicholson, Vuetberg. Nays--Council Mombe~ Kilns, Pratt. Communica~on of Zoning Commission advising of their &pIn'OVal to rezone ptol~tY in the Cable Cas Square m'ue from OR to Regular Session, July 15, 1991 OC, l~nted smi med. Council M~mber Vunil~ra ~vM ~ ~ ~ ~ M~ Ni~. ~ by ~ f~o~g v~: Y~ B~, ~ ~h, ~, ~g, Ni~ ~ V~. ~y~No~. An ~ ~n~ng C~ ~ ~- ~ by ~q ~ tn ~b~ ~ ~ ~ ~ OR Of~ R~ V~ ~vM ~t ~ ~ ~ ~ ~nt ~a~ ~ ~ ~mi~ ~ vo~ ~ f~ ~o ~ ~ Co~ ~finp ~ ~ ~e ~ng at s~n~ ~d f~r ~v~ ~t a pu~ h~ng ~ h~d on ~e ~ ~n~ on ~ 1~ ~y of Aug~k 1991, at 7:30 p.~ in ~ Pu~e ~ Au~um ~d ~at ~ ~ Oerk pu~sh nofi~ in ~e Co~ Me~ Nich~son. ~ by ~e foHo~ vo~: Y~y~ B~y, Ni~, ~ V~t~. Nay~Non~ C~on of ~g ~s~on 1~ ~ ~u~t ~ of ~ in~- ~on of ~u~ Aven~ ~d ~y R~ ~m R-I ~ R-4, ~n~ ~d ~. Co~ Me~ V~t~rg ~v~ ~ ~e ~ by ~ M~ ~ng. ~ by ~e fo~ yom: Y~y~ B~y, Co~ Me~ ~h, ~n~, ~ag, ~i~ol~. ~ V~8. Na~Non~ ~e ~t ~ of K~n Avun~ ~ C~ey R~ ~m R-I Si~e-F~y R~den6~ ~s~et ~ R-4 M~-~y Co~ ~m~r V~t~ ~v~ ~at ~s ~ ~ ~ ~si~ ~d vo~ on f~ ~e at ~o ~un~ ~s ~ ~ ~ s~ ~d f~ ~v~ ~t a ~b~o h~ng ~ be~ ~ ~ ~ ~n~ ~ ~e 19~ ~y ~A~ 1~1, ~ 7:30 ~ in ~ ~bHo ~ A~- ~ ~e ~ ~ by law. ~n~ ~ ~ ~m~ ~ng. C~ by ~e f~ vo~: Y~ B~y, C~ Me~ ~ch, ~u~n~, ~, Ni~olmn, ~ V~t~. Na~N~ Communication of Zoning Commission advising of their duninl to rezone im~erty at 1705 Delhi Street from OS to C-2, presented and ~ Council Member Folag moved that the communi~tion be ~seetved and tried, Seunnded by Council l~m~' Prat~ Carried by the following vote: Yeas--.M~yor Brady, Council Members Deieh, Kineaner, Ktiag, Nicholson, Prat~ Vuntbe~X, N&ys---None. An Ordinunun amending Zoning Chdi- nanun by ~e. classifying ~ located at 1705 Delhi Sueet from OS Offlun Serviun DisU~ct to C-2 Neighbed~ocd Shopping Center DisPeL p~sented and ~and. Council Member Kring moved that this be co~idered the first I~tding of the Or~nanun, and that the ~eqniremunt that a proposed Ordinance be consid~..d and voted on for passage at two Council meetings p~or to the meetin~ at which it is to be finaily adopted be sus- punded and further moved that a public hcadng be held on the I~ Ordinunca on the l~th day of Anguat, 1991, at 7:30 p.r~ in the Public Libra~ Auditorium and that the City Cled~ publish notice in the I~umer prcsc~bed by law. Seconded by Council Member Pratt Cnn~d by the fol- lowing vole: Ycas~Mayor Bn~dy, Council Mcmbers Deich, Klunsner, K_,icg, Nicbelson, Pratt, Voetherg. N~ys--None. Boneds ond Comn~sslons: Zoning Board of Adjustment: One un- expired term which ~ e~l~te of C. Lcitch). Applicants: Seven D. Bartmann, Pa~cia Pear~on. Vote on the appointment was as follows: Mayor Brady voted for Pein'son. Council Membear De. ich voted ~r Peaunon. Council Member Kluesunr voted for Pe, m-~on. Council Member K~eg voted for Pearsun. Council Member Nicholson voted for Pearson. Council Member Pratt voted for Pearson. Council Member Vuntberg voted for Pearson. Therefore, Pauinia Pearson appointed to thc Zoning Board of Adjustment for an unexpired term which will exile Ma~h 25, 1992. Providing for ann~ appointment of Council Memben to the Metropolitan Solid Waste A~eney, p~sented and ~eed. Council Member Pratt moved ti'mt it be resolved to ~.appoint the existing nembers: Council Membe~ Deich and Kineaner. Seconded by Council Member Vunther8. Carded by the following vote: Yeas~Meyor Brady, Council Members Ddich, IOuesnor, K~ag, Nicholson, Pratt, Vuntim'g. Nays---None~ Regular Session, Provtdtn~ for ~ntment of Coundl Member, City ~ and allenmives to the Long Range Planning Comn~salo~ l~esented and n~d. Council Member lhatt moved that it be ~esdved that Council Member Vontlx~ be appe~nted with Council Member Klunan~ as the alternate and that aplx~ned with Assistant City Manager Stepa~ Johnson as nitmate~ Seconded by Council Member Niche~on. Carded by the following vote: ycaa---Me~r Brady, Council Memben Delch, Kinesner, Kriag, Nicholson, Pra~ Voetlm'g, Nay~None. Council rngerding installation of sidewalks in Sunset Park Subdivision No. 4, l~'esun~i and tend, Mr. Batemun of 3815 Anthe~ spoke. Council Member Voetberg moved that the requnst be ~,,ceived and filed. Seconded by Council Member Nicholson. Canled by the following vote: Yes.s---Mayor Brady, Council Members Dcich, Klunsner, Krieg, Ninholson, Pratt, Vontberg. Nays--Noun. Communication of Dubequn IL~cing Asso- ciation, Ltd. reqmo6ng approval of un additional ~6,2~0.31 spent for the renovation of the main enmmca and souvenir shop at Dubuque Gseyhoond Park, presented and read. Council Member Veetberg moved that the communication be mccived and filed and request approved. Seconded by Council Membe~ Kxing, Carded by the following vote: yeas--Mayor Brady, Council Members Dnich, Klunmer, Kdeg, Nieholson, PratL Vnothorg. Nays-None. Communic~ion of City Manager sequeat- lng aFFrovsl to submit a Community Beo- nomic Bettennont Account (CEBA) l~ngrem application on behalf of Engineering Data Systems (EDS) Corporation, presented and mad. Council Member Pratt moved timt the communication be ~eonived and filed. Seconded by Conncil Mernbe~ Vuntherg. Carded by the following vote: Yeas--Mayor Brady, Conncil Members Dcich, Khiesunr, Kring, Nicholson, Pratt, Vnotbe~. Nays--- Norse, RESOLUTION NO. 239-91 RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECO- NOMIC BETII~RMENT ACCOUNT (C~BA) APPLICATION ON BEHALF OF ENGINEERING DATA SYS- TEMS CORPORATION Wbeteas, Engineering Data Systems Cmpomion, a local civil engineering July 15, 1991 304 software develol~munt company, has ~ posed the tciocation and expansion of its existing ogeattiuns; and Whereun, the City Council of Dubuque, has comidered said pmposni and has der=mined tl~ the l~Olx~d l~oject wi]] cout~bute to the local economy through the{ ore. ton of joba f~ a~un residunts; and Whereas, the Iow~ D~nt of Ec~aomic D~v~opn~at's Community Eco- nonfic Beu~unnt Aocount (CEBA) was deigned to assist in fl~ ~onomlc develop- taunt effora of local jmisdictions; and Whereas, the City of Dubuque, lowa~ is eligible to alYpIY for funding from the Commmfity Economic B~tt~nnunt Ace.~ont prc~am as defia~l in Hon~ Pile 225, Acts of the ?lst O~n~ral Assembly. NOW, THEP~FORE, BE l'r RESOLVED BY THE CITY COUNCIL OF THE CITY Ol~ DUBUQUE, IOWA: Section L That the filing of an application for 1~gttclpation in the Iowa Community Econon~c Betterment Account lm~ram in behalf of Englnee~ns Data Systems Ceqooredon is approved. Se~lon ~. That tbe City Manager be and he is hereby authe~zed to execute and submit said aI~lica~on to the Slate of lowa Economic Development Commission to- setber with each documents as amy be required. passed, approved ~ adopted this 15th day of July, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resointion. Seconded by Council Membe~ VoetherS. Carried by the followths vote: yeas--Mayor Brady, Council Members Dnich, Klunsner, K~ag, Nicholsort, Pratt, Yuntberg. Nays--None. Cornmunlcalion of City M~nager subn~t- ting an O~dinance ptovidln$ for the modillcation of si~.d limits on U.S. Hishway 61 between the sonthedy City llrnite and the interse~tiun of 4th and White Slreets, pt~ented and ~L Council Member Voether~ moved timt ~ communication be reccived nmi filed. Sanunded by Connctl Member Nicbelsun. Cmied by t~ following vote: yeas=Mayor Brady, Coanoil Membea's Regular Session, July 15, 1991 (OFFICIAL PUBLICATION) ORDINANCE NO. ~4-91 AN ORDINANCE AIv~NDING THE CODE OF ORDINANCES OF TI~ CITY OF DUBUQUE, IOWA. BY REVISING SUBSECTION (C) OF SECTION 32-231 THEREOF PRO- VIDING FOR Ti~ ESTABLISH- MENT OF SPEED LIMITS ON U.S. 61/151 FROM FOURTH STREET TO THE SOUTHERLY CITY LIMITS AND ON THE LOCUST STREET RAMPS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~ CITY OF DUBUQUE, IOWA: ,~tinn 1. That the Cede of Ordinances of the City of Dubuque, Iowa be ue~eded by deleting U.S. 61/151/52 from Subue~tion (e) of ~uetion 32-231 thereof as fo{lows: "Sec. 32-231. Limits generally. Thirty. Five (35) Miles Per Hour U.& 61/151/52, Dodge Street to a Feint one thousand (1,000) feet mouth of South Orendview Avenue. Fo~y-Elve (45) Miles Per Hour U.S. 61/151/52, f~om u point one thousand (1,000) feet south of South O~uedview Avenue to the southerly city limits." by adding U.S. 61/151/52 to Subsection (u) of Section 32-231 the~enf as follows: "Sen. 32-231. Limits generally. (~) Tbirty-Hve (35) Miles Per Hour U.5. 61/151/52, f~om u point mm hond~i fifty (150) feet south of Fonrth 5uent to a Imint one hond~d twenty-five (125) feet south of the Luemt Su'eet Conn,~t~. Fort), (40) Miles Pur Hour U.S. 61/151/52, from u point one hued~l twenty-five (125) feet south of the Locust SU~t Connector to a point tlu'en hond~l twenty-five (325) feet south of the Julian Dubuque Bridge. Fo~y-Hve (45) Miles Per Hour Locust Suent ramps to U.S. 52/~1/151, f~om Lueust SUent to U.S. 52/61/151. Fifty (50) Miles Per Hour U.S. 61/151/52, from a point tiuee hundred twenty-five 025) feet south of the Jnlien Dubuque Bridge to a point twelve hundred fifty (1,250) feet south of Orendview Avenue. Fifty-Five (55) Miles Per Hour U.S. 61/151/52, from u point twelve hundred fifty (1,250) feet south of Onmdview Avenue to the southerly city limits." Passed, apl~oved end adopted this lSth day of July, I~)L Sands E. Brady Mayor At. at: Mat,y A. Davis City Clerk Published officially in the Telegraph Herald this 19th day of July, 1991. Mary A. Davis City Clerk It 7/19 Council Member Vuethetg moved that this he ennsidau:d the fl~at w. adtng of the Ordiuen~e, end that the ~.q~nt that the 1~ Ordinance he considured and voted on for passage at two Council meetings l~or to tbe meeting ut which they ~e to he finally final edoption of the O~dlnan~s. Seconded by Council Member Nieholson. Castied liy tho fullowing v~: Yea~-Mnyor Brady, Counoil Members Dcich, IOuesnur, Kfing, Niehulson, Pnttt. Veetherg. Nnys---None~ Regular Session, July 15, 1991 306 Communication of Ci~ M_anng. er so.b- mibing eedinnnces In~ovidin{ for ;range tn one-way ~t desl~ontions ena ~strletioue on va~toue newly conmue~o sneers in th~ eren himnded by Bluff and Locust ~t~ats, {x~vuen Dodge SUuet and FL, at 5Uue~ l~eSueted end ~end. Coun~ Member Venting moved ~t tbe eormnuul- ca~on be tecdived and Bled, S~oed~d by Council Member Niuhdison. Car~ed by tbe Council Membe~ Deieh, iuuemnur, Niuhulson, PraU, Vuet~, Nays--None. An Ou{inenue ue~ndtng the Code of Ordinaries of ~e City of Dubuque, Iowa, by adding the East Side of Lueust St~ut from Dodge 5Ue~t to Jones SU~t to Sub- mention (d) of BeniGn 32-262 the~of providing for ti~ lm~ohlliting of Purktn~, l~ented and ~esd. (OI~ICIAL PUaLICATION) ORDINANCE NO. 55.9! AN ORDINANCE AIVlBNDING TEE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. BY ADDING THE BAST 5IDB OF LOCUST STRICT (LOCAL) FROM IX)DOE 5TRBBT TO JONES STREET TO SUESECTION (d) OF SECTION 32-262 THEREOF PROVIDING FOR THE PRO- HIBITINO OF PARKING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of O~diennms of the City of Dubuque, lowa, he amended by addin~ Locust S~eet to Sub{action (d) of Section 32-262 then:of us follows: "Sec. 32-262. Prohibited on desiguetsd sUuets or Ix~ions the~of. (d)No.parking-at-uny-tlme zones designated Locust S{xuet, e~t side, f~om Dedge Street to Jones S{~uet." Pesmed, nppmved end adopted this 15th day of July, 1991. James F.. Bumdy Mayor AUest: Masy A. Davis Published officially in the Telegraph Verald this 19th daY of July, 1991. Mat,/A. Davis City Clerk It 7/19 Council M~mbet Vuetb~g moved that this he onnaidea-.d the llm ~ling of the O~uenm, nmi ~ the tuquiron~nt that · ine~osed Ordiuenue he eonsidemt and votsd on for paesa~ ut two Coonefl meetings Inlor to th~ me~ting at wbi~h it ia to he finally adopted be suspended end fu..ther moved final adoption of the O~dinnnm. ~onded by Council ld~mb~ Ninhcison. Canted by the following vets: yeus~Ivlayo~ Brady, Counoll Ivlemhen Dutch, Kinesner, Ktieg, Pra~ Vo~therg. Nay{--None. An Oldiuen~ amending the C~de of O~dinences of the City of Dubuque, lowa, by adding West Ft~t Suuet f~om Locust St~et to Bluff SUe~t to Subsection (d) of Section 32-262 thereof providing fo~ the Prohibiting of Pa~king, presented end ~ad, (oFFICIAL FUELICATION) ORDINANCE NO. $6-91 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING WEST FIRST S'fI~ET FROIvl LOCUST STREET TO BLUFF STREET TO SUBSECTION (d) OF SECTION 32-262 THEREOF PROVIDING FOR THE PROHIBITING OF pARKING NOW, THEREFORE, BE IT ORDAINED ]BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sullen 1. That the Cede of Ordinances of the City of Dubuque, iowa, be amended by deleting West F~st S~'eet from Sub- section (O of Section 32-262 the~uef us follows: "Sen. 32-262. Time zones designated. (u) Ttmu sones designated Two-Hour Time Zones First SUuet, West, mouth ~tde, f~om Locust Suent to Bluff Su~-" of the City of Dubuque, Iowa, be ue~nded by deleing West Hrst SU'uet from Sub- 807 ReguIBr Session, July 15, 1991 an~ion (d) of Section 32-262 therunf u follows: (d) No-parking-st-any-time zones dodanated First SUm+ West, neC& stde~ from Locust Smut to Bluff Suunc" Sedion 3. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding West Eh'st Street to Subsection (d) of Section 32-262 therunf es follows: "Sec. 32-262. Prohibited on desigunmt suunts or portiuns thereof. (d) No-parking-at-any-time zones designated First Stror~ West, both sides, from Locust Sweet to Bluff St~set," Passed, approved and adopted this 15th day of July, 1~91. James B. Brady Mayor Attest: Ma~ A, I~vis City Clerk Pnliisbed officially in lbs Telegraph Herr. Id ~,is 19th day of.lnly, 1991. Mery A. Davis City Clerk It 7/19 Council Member Vcetbe~g moved that this be considmed the first xeadin8 of the Ordiannc6, and that the reqtmemont that a proposed Ordinance be comidemd and voted on for passage at two Council meetings inter to tbe mseting at which it is to be finally adopted bo suspended and fresher moved final adoptiun of the Ordlnance. Seconded by Council Member Nichoison. Canied by the foBowing vote: Yeas---Mayor Bnuiy, Council Memben Dnlch, Kluesner, Faiog, Nicholanno Pratt. Vcetberg. Nays--None. An Onlinance amending the Code of Or0~unuces of the City of Dubuque, Iowa, by deleting u portion of beth Loctm Street and Bluff Suunt between Dodge SUe. et and First Street from Section 32-174 therunf wbioh provided for thc designation of one-way mtffic, presented and (OFFICIAL PUBLICATION) ORDINANCE NO. S7&I AN ORDINANCE Ab°~NDING TI~ CODE ON ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY DELETING A PORTION OF BOTH LOCUST S~EET AND BLUEF STREET BETWEEN DODGE STREET AND FIRST STREET FROM SECTION 32-174 THEREOF WHICH PROVIDED FOR THE DESIGNATION OF ONE-WAY TRAFFIC NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by dnledng Locust Street and Bluff SUeet from Sectiun 32-174 thereof as foBows: "Sec. 32-174. One-way sUe. ets. (1) Nor~h~r~. Txnl'fie shall move nmtheriy only: On Locust Sucet, ~ D~ge S~ m W~t S~ (2) Southerly. Traffic shall move southerly only: On Bluff SHun& flora West Sixteenth Street to Bluff Street. (4) Easterly. Traffic shall move e~teriy only: On First Street. east from Water SUunt to Ten'nlunl SUuet." Section 2. That the Code of Ordinances of the City of Dubuque. Iowa be amended by adding Locust Street to Section 32-174 thelnof as follows: "Sec. 32-174. One-way sUcets. (1) Northerly. Traffic shall move northerly only: On Locust SWeet, from First SWeet to West Sixteenth Street (2) Sov~t~rly. Traffic shall move anutbedy only: Regular Session, July 15, 1____991 On Bluff SWeet, frmn West Sixteanth SUcet to First Suee~ (4) Eas~dy. Traffic sbell move eartedy only: On Fiat Smut, from Bluff Sleet to Locust Slxcet," passed, approved and adopted this 15th day of July, 1991. James E. Brady Mnyor Attest: Mary A. Davis Pnliisbed officially in the Telegraph Hera/d this 19th day of July, 1991, Mary A. Davis City Clerk It 7/19 Council Mambe~ Vcether~ raoved that this be considered the first m~dtn$ of the O~dinance, and that the mqulx~mant that a imposed Otdimmce be conside~d and voted on for passage at ~o Council mcetings Inior to the meeting at which it is to be finally adopted be suspended and fmibe~ moved final adoption of tbs O~diannce. Seconded by Council Member Nichdson. Canted by the following vote: Yeas--Mayor Brady, Council Members D~ch, IOuesner, IG-ie~, Nicholann, Pratt, Vuntburg. Nay~None, RESOLUTION NO. 240-91 Whmans. appBcations for Beer PernUts have been submitted and filed to this Council for aFiwovnl and the ann'~ have been enam- ined and approved; and Wbe~ses the p~ndses to be ~ccupled by such applicants were inspected and funnd to comply with the Oulinances of this City and have filed proper bonds, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUB, IOWA: to be issued the following named aFiiicents a Beer permit cLASS "B" BEER PERMIT Golinvanx, Inc., Pizza Hut, Sunday Sales, 2075 J. F. K. Pizza Hut of Dubuque No. 2, Inc., Pizza Hut, Sunday Sales, 320 B. 20th SUeet 308 CLASS #B~# BEER PERMIT Dennis A. Alihims, Family Beverage Center, Sunday Ssles, 3400 Central CLASS #C" BE~R PERMIT D~i~'.xdl's Touch F~ Wash, In~., Sunday Sales, 1875 I. F. K, L. Chapman, Oky Doky 14, Sunday Sales, 1050 University passed, ~t~P~OVed and adopted this 15th day of Inly, 1991. ~an-~s F., Brady Mayor Attest: Mary A. Duvis City ~ Council Member Deich moved adoption of the Resolution. Seconded by Council Member Nichoison. Canied by the following vote: yans~Mayor Brady, Council Members Deich, Kluesner, Kilns, Nicboison, Pratt, Vuntberg. Nays--Noun. RESOLUTION NO. ~41-91 Whereas, applications for Liquor Licenses have been submlUed to this Council for aPlXOVal and the sem~ have been examined and approved; and Wbemts, the pmnises to be uncnfled by such upplicants were inspected and found to cozily with the State Law and all City Ozd~nances mhivant thereto and ~y 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 o be issued the followins nan~d apl~Bcants a Liquor License. cLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Bridge Restaurant and CnWbound Loun8e, Kaj, Inc., Sunday 5ules, 31 Locust House of China Co., House of Chinn. CO., Sunday Sales, 170 I. F. K. Cu~is L. Gerhard, Knickers Snloon, Sunday Sales, 2186 Contra1 City of Dubuque, Dubuque Five Flags Center, Sunday Sales, 4th & Locust ~09 Regular Session, July 15, 1991 Wayne L/Carol A. Kmn~. Tbe Cleb Home. Sunday Sales. 2364 Washington CLASS "B" WINE PERMIT ~ I~ Dolter, Basket Eupressiem, 474 Bluff SUeet Passed, approved and adopted this 15th day of July 1991. Mary A. Davis City Clerk James E. Brady Mayor Council Member Deich moved adoption of the Resolution. Seconded by Council Member Nicholson. Cnnied by the following vote: Ye. as---Mayor Brady. Council Members Duich. Kluesner. Krieg. Nichc~son. Pratt. Vcetberg. Nays--Norm. MINUTES SUBMITTED--Airport Commission of 5-21; Long Range Planning Commission (NoUhwest Amtis] Corridor Subconunittee) of 6-25 and (Rivorfront Subcommittee) of 6-18; Park nnd Recsoallon Commission of 6-11, presented and teed. Council Member Vnotberg moved that the minutes be received and filed. Seconded by Council Member Ptat~ Canied by the following vote: Yeas---Mayor Brady, Council Membe~ D,'~ch, IOuesner, Krlng, Nichoison, Pra~ Vecthcrg. Nays~None. NOTICES OF CLAIM$/SU1TS.-Joyce A. Bax~, in nmount of $594.97 for veldcle damages: Hadley Cceporatlon in amount of $350.75 for backed up sower damages; Earl &Jcan Ingles in amount of $823.75 plus for unnecessary excevadon; Bany A, Lindald in amount of $100.00 for ixuper~ damages; MaGoo's Tavern in amount of $210.99 for property damages; Kenneth B. Mnigrew in amount of $495.10 for velficlc damages, presented and read. Council Member Vuntborg moved to refer the claims and suits to tho Legs] Staff for invesligalion and ~pe~ Seconded by Cooncll Member Pratt. Canted by the following vote: Yea~--Mayor Brady, Coonoil Mxmbers Ds]ch, Klunsecr. Kzing, Nichoison. Pratt. Voetherg. Nays-- Conununicallons of Corporation Counsel advising of refen's]s of following claims: persons] injrey of Anthony M. Dix; car derange fi~m State Farm Insurance Company as sub~ngadon claim for Robert and Diane Luiono; persons] injury of Mareeila Mardanas; c~ damage of Tom McDonough; car derange of PaUiclr Reed and unnecessary excavation of Seines Stock. l~esented and rend, Council Member Voetberg moved that the communications be recnived and filed. Seconded by Council Member Pratt. Carded by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kluesner, Kting, Nlcholson, Pret~ Vect~. Nays--None. Communication of Memy Health Center and The Medical Associates Clinic, P.C. submitting their report on Farklng study in aceordunce with Oral, nonce No. 3-89. pre- sonted and mad. Council Member Vootberg moved that the communication be received and filed, Seconded by Council Member Pratt. Carried by the following, vote: Yces~Mayor Brady, Council Members Dnich, Kluesner, K~ing, Nichclson, Pratt. Vectberg. Nays~None. REFUND REQUESTED--Rainbo Lounge $211.25 (additional refund) for unexpired Liquor License, pmsonted and read, Council Member Voctberg moved that thc refund be upWoved and Finance Director to issue the proper check. Seconded by CouncO Member Pratt. Canled by the following vote: Yeus--Mayor Brady, Conncil Members Dclch, Kluesner, Kfieg, Nicholann, Pratt, Vectherg. Nays--Norm. Proof of Publlcatlon certified to by the PubUshe~ on List of Claims paid for the month of May, 1991, lm~onted nmi reed, Council Member Vcetberg moved that the I~oof of publication be mcnived and filed. Seconded by Council Member Prate Canled by the following vote: Yeas--Mayor Brady, Council Members Dclch, Kluesner, Kfing, Nicholann, Pratt, Vuntbesg. Nays---None. Communication of Dubuque Symphony Orchesua requesting a fireworks display at Labor Day Weekend Pops Concert at the Hawtheme S~reet Landing, presen~ and read. Council Member Vonthorg moved that thc commuclcallon be al~roved subject to implementation of City Manager. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayer Brady, Council Membem Dclch. Kluesner. Kring? Nichoison. Prat~ Vcetbe~g. Nays---None. Communica~on of Dubequn Metrepolitan Area golid Wnste Agency advising of incense in tipping fee at landfill to $23.00 per ton beginuin8 Angust 1, 1991, in. sensed and read. Council Member Kring moved ~at the communication be mcnived and filed. Seconded by Council Member Vcetberg. Canied by the following vote: Yce~Mayor Br~ly, Cunncll Members Delch, Klunsecr. Kfing, Nichoison, Pratt. Vontberg, Nay~ None. Regular Session, July 15, 1991 310 Cum~unica~on uf City ~ ~ amendment to an ~dalln8 contract ~ ~ f~ ~ of M~ Co~ Mo~ V~t~ ~v~ ~ ~ ~ by C~ ~ ~ ~ by ~e ~o~g v~: Y~ay~ B~y, Co~ ~ ~ch, ~, Ni~olmn, ~ V~. Na~Non~ ~L~ON NO. A ~L~ON A~HO~NG E~ON OF ~ ~D~ ANNUAL CONTRIBUTIONS CO~ ~R SE~ION 8 MODE~ ~B~A~ON PRO~ NO ~05-K~7-~ W~, ~e Ci~ ~ ~v~ ~ ~d~nt m M~ Rcha~mfion Contract KC-9004. for Project W~, &e US D~nt of Hou~g ~d U~ ~vel~nt ~ ex,mien of ~ ~ ~ ~ Ci~'s ~fion of ~e~ fu~s. NOW, ~, BE ~ ~OL~ BY T~ CI~ COUN~ OF ~ C~ OF D~UQ~ IOWA: ~ 1. ~ ~ Ma~ ~ ~e CiW of Du~q~ ~ ~d he ~ h~by au~ ~d ~fiom mn~ ~& &e U.S. ~nt of Ho~ng ~d Ur~ ~vcl~ f~ ~t N~ ~05-KO87~, ~d~ ~ Ann~ C~fi~ C~t No. KC- ~E, ~ ~f ~ &o Ci~ of Dubuq~. ~1~ ~. ~s R~lufion s~ ~ off~t p~, ~v~ md ~ ~s 15& ~y of J~y, ~1. J~s K B~y May~ A~t: ~W ~erk Co~ M~ V~t~ ~ ~ fi~ ~ &e R~lufion. ~ by ~ M~ ~ C~ by ~ foHo~g v~: y~May~ B~y, Cmn~ Me~ ~ch, ~u~, ~. Nich~ ~k V~. Nay~N~n. Co~oni~on of ~g ~fing ~ ~ a~vM of fin~ ~at of Charlle's Place lecated on Cedar Crees Road ne~ Cedar Cross Court, p~sonted and read. Council Member Vunther~ moved that the Seconded by Council Member Pratt. Canied by the following vote: yeus--Mayor Brady, Council Members Deich. Kluesner. Kring, Nicholson, ~ Vcetherg. Nays--Non~. RESOLUTION NO. 243-91 A RESOLUTION APPROVING THE FINAL PLAT OF LOT I OF I AND LOT 2 OF 1 OF CHARLIE'8 PLACE IN THE CITY OF DUBUQUE, IOWA City Ci=k · fins] plet of Lot 1 of 1 and Lot ~ of I of Charllc's Place in the City of Dubuque, Iowa; and Wberces, said fins] plat has been exam- ined by the City Zoclng Conur~mion and its apl~OVal undorsed hereon subject to the condilion noted below; and Whereas, said final plat has been examined by the City Council and the City Council finds that the same conforms to the statutes and ordinances ~lafing th~to. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SecUon L That the final plat of Lot I of ~ and Lot 2 of 1 of Clmrlle's Place is hereby epproved and the Mayor and City Cle~rk m~e hereby &utilized and directed to enderso the approval of the City of Dubuqun on esid plat, provided tlmt the owners of ,~d pmpe~y be~n nunmt execute their wnt~n acceptance hereto atteched ngrcning: To sos]cent and mninmin as such the d~iveway access to Lot 2 of I of Chsrlle's Place. Section 2. That in the event the above nontioned ownges of Lot 1 of I of Lot 2 of 1 of Chwlle's Place shall fail to execnte the acceptance within 45 days after the date of this Resoluiion+ the Ixovisions of this Resolution slndl be null and veld and the approve] of the plat shs]l not be effective. Ps.seed, approved and adopted this 15th day of Jniy, 1991. James E. llrady Mayor ~tttes*' Mary A. Davis City Cork 311 Regular Session, July 15, 1991 ACCEPTANCE OF RESOLUTION NO. 243-91 We, the undenigued. R. L Schtl,, and Coml~ny. having ~ad thc ~mms and condi. dorm of the Reeclufiun No. 243-91 nmi bning eccept ~ts ssme und ngme to the nendlitone ~eqatmd tben~n. Dated in Dubuque~ Iowa, this 18th day of July. 1991. By:/s/Charles Skemp By:/s/Glmia Skan~ Council Member Vcethe~g moved ad~- lion of the Resolution. Seconded by Council Member Pra~ Cunied by the following vote: Yess~Mayne Brady, Council Mombe~ Deieh, IOuesnor, Ksing, Nicholson, Pratt, Vunti~g. Nays---None. Communtcatiun of Zoning Conunission advising of ~ app~val of plat for Standard Indusuinl P~k located on Old Highway 20 near the Amneo Tank Farm in Dubuque Coanty. presented and read. Council Membu~ Voetherg moved that the communication be received and filed. Seconded by Council Member Prau. Carlied by the following vo~e: Ye.s~--Mayor Brady, Council Members Delch, Klussner, Kring, Nicholson, Pratt,' Voethorg. Nays--Nune~ RESOLUTION NO. 244-91 A RESOLUTION APPROVING 'file FINAL PLAT OF STANDARD INDUSTRIAL PARK IN DUBUQUE, COUNTY, IOWA Wbereus, them has been filed with the City Clerk a final plat of Standard Industrial Paflt in Dubuque County, Iowa; and Wbe~us, upon said final plat, thm-e appears a roadway easement lo be known ss Industrial Court, together with public utility Tsch~e Facavating, by said plat, have dedicated to the public forever, and comtmcted to devdopment standards noted in Section l of this Resolution; and Wbeluns, said final plat has been exam- ined by the Dubuque City Zoning Commis- sion and had its approval endmned Ibut~on with thc und~stsmitng that thare will be no variation from said stenderds noted in Section 1 belo~ and Whereas, said final plat has been exam- ined by the City Council and they find that the same cunfo~ms to the stetu~us and oldi- nances relating thereto, except that the amd ~rades have not been established nor paving inets~ed. NOW, THERI~ORE, BB IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Standard Industrial Park in Dubuque County be, and the same is, hereby approved and the Mab~r · nd City Clerk ar~ hew. by authorized and dixected to endorse the aFtr/oval of the City of Dubuque, Iowa upon said final plat, provided the owners of said property harein namcd execute thnir wlit~n acceptance hereto attached agreeing: (a) That Indus~al Corot, ss shown on said plat. shall be paved and constructed in accordance with the standard ~oss secfiun us shown un the preliminary plat as modified by the Zoning Commission and the improve- ment plans for Indus~si CouP, as modified by the Zoning Commission, wl~ch arc on file with the City Engineer. Said private roadway shall have a maximum gesde of 7% and be a minimum of 24 feet in width with 4-funt shoulders. (b) That thc above-mumiuned owners of said subdivision shah provide the fmugcing consUuclion and maintenance of all said imlxovements at their anle expense. (c) That the above-mentioned owners of said subdivision shall complete thc cunstmc- lion of said improvements within Iwo (2) years following approval of the finn] plat by the City Council of the City of Dubuque, Iowa. (d) That thc City of Dubuque, Iowa, sbell assume un liability or d~.n~es for the de- of roads or driveways in the Standard lmius- trial Park Subdivision. (e) That approval of this plat does not constitute appxoval of any dedication of land by the owners for public use. Se~lun 2. That the of~sald Tschiggfric F. xcavating Co. shall sel£=sueux~ thc fc~e= ge~ng condiliuns by pmvldlng security in such form and with such sm'cty that muy be approved by the City Manngc~ of the City of Dubuque, Iowa. Regular Session, July 15, 1991 312 Resolution, the la~visions of this Resolution shall be null and vnid and tha nplsoVal of thc plat shall uel be effective. ~ 4. Any vadaden from thene n~quiremon~s skntl render this resolution ~nd qrproval of ~ho final plat null and v~d. Passed, approved mi adopted ~ lSth day of Jul)', i~i. At, st: Mm'y A. Duvis City Clerk Brady Mayor ACCEPTANCE OF RF.~OLUT1ON NO. 244-91 We, tbu undersigned, Tsch~e Excavating Co,, h~ng ~ ~ ~ ~ ~fi~ of ~e ~mi~ N~ 2~91 ~ ~by ~ ~ ~ ~d ~ ~ ~ D~ ~ ~b~, I~a ~s 15~ ~y of l~y, 1~1. By: Ig ~ Ts~e ~dunt TO: Mary A. Duvis City Cla~k This is to ueuify that the property suemity ~eqalxed for the fon~oing Resdulic~s has Dated at Dubuque, lowa. this 16th day of July, 1991. W. Kenneth Oearhan City Manager Council Member Voetberg moved adcp- lion of the Rssolmion. Seconded by Council Membar PraU. Cunied by the following vote: yess--Mayor Brady, Cunncli Members Duich, Klno~er, Ksie$, Nicholson, Pratt, Voetber~. Nays---None. Cotrun~'cetion of Zoning Commission advising of thnir ~val of final plat for. City Lites Subdivision ~ No~besst ox the interssc~un of Old Militn~ Rund and Oakland Fmne Road in Dubuque County, presanted and ~ Council Member Vnethe~g moved that ~ha communication be received and filed. Sneunded by Council Member Pratt Cuni~d by the following vc~: Yeus=-M~yne Brady, Cmmcli Members Detch, Klunmer, Ksing, Nicholann, Pratt, Voethe~. Nays--None. RESOLUTION NO. 24~-91 A RESOLUTION APPROVING THE FINAL PLAT OF CITY LITES SUBDIVISION IN DUBUQUE COUNTY, IOWA City Clerk a final plat of City Lites Subdivision in Dubuque County, Iowa; and Wbeteus, upm said final plat the~ appeals a rnedway nesement to ~ ~own ~ l~ ~ ~gc~ ~ ~n public u~ ~n~, w~ch ~ ~e ow~., B~ ~d Pa~a Kelly, by s~d ~a~ ~ve ~ m ~e public f~v~ ~ Wbe~as, the lwop~ty own=s requested, nmi the Dubuque City Zoning Commission ng~ad that Jordan Lane should be cun- structed to derailment standards noted in Section 1 of this Resolution; and Whereas, said final plat has been exam- ined by the Dubuque City Zoning Conmtis- sion and had its approval endowed thereon with the understanding that them will be no vadatiun from said stundards noted in Section 1 below;, and Whereas, said final plat has been exam- ined by the City Council and they find that the san~ cooforms to the stemtes and ordl- unnces ~buing thin. to, except that the road ~rndcs have not been established or paving installed. NOW, TI~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of City Lites Subdivision in Dubuque County be, and the san~ is, bex~by approved und the Mayor and City Clerk mu hareby authc¢ized and di~ecl~d to endorse the approval of the City of Dubuque. lows, upon said finsi plat, provided the owners of said Ixoperty he,in nnmed execute their written acceptance (a) That Jordan Lane, us shown on said pl~ shah be paved and consUucted in accordance with thc standard eroes section ss shown on the prelimin~y plnl, ss ,modified by thc Zoning Com~ssion and the ~mprove- taunt plans ss modified by the Zoni.n.g Commissior~ Which are on file with the City 313 R___egular Session, .July 15, 1991 Englnest'. Said private rondw·y shall have · maximum ~ of 6% and be u rolalmum of ~4 feet in width with 3 foot shcold~rs. (b) That the nbove-n~ndonnd oweets of said sub,vision shall provide tbe conslmction and malntanance of aH said imt~ovements at their sole expenue. (c) That the above-mentioned owners said subdivision shah comldete the conatmc- ties of said iml~ovements within two (2) yem-s Iowa. (d) That u hesueowner's asseciaHon be created with the I~spons~bllity of malntalninS Jordan ~ and any other cesnmonly owned po~c udiines. (e) That tbe City of Dubuque, Iowa, shall assume no liability or damages for the da- sign, construction, maintenance, or operation of ~,~de m' thtveways in the City Lites Subdivision. (g) Apl~oval of this l~at does not constitute approval of any dedication of land by tho owners fo~ public use. Se~on 2. That the afumsald owners, Bill and Patficin Kelly, shaH self-secure tho fo~esding conditions by l~OViding security in such from and wilh such surety t~at may be approved by the City Manager of ~he City of Dubuque, lows. Se~hin S. That in the event the above. mentioned owners of City Lites Subdtvi~o~ shaH faHto execute the aeceptanue within 45 days afro' the date of this Resohition, the provisicos of this Resolution shall be null and void and rite approval of the l~at shah not be effective. Stnalon 4. That any variation from these requirements shall render this Resolution and UPla'OVal of the final plat null and void. Passed, approved and adopted this 15th day of July, 1991. James E. Brady Attest: Mayor Mary A. Davis ACCEPTANCE OF RESOLUTION NO. 24~-91 We, tho unaL-rsigned, William and Patficin Kelly, having read Ihs umns and conditions of the Resolution No. 245-91 and being familiar with the conditions theseof, hevchy accept this sane and agree to the conditions Datnd in Dubuque, Iow· this 16th day Of July, 1~1. By:/s/William Kelly By:/s/Pauici· Kelly Council Member Vonthes$ moved ndop. tion of due Resolution. Seconded by Couecil Member Pratt. Carded by the following vo~: Yues---Mayo~ Brady, council Members Deich, Kluesner, Krieti, Niubolson, Pratt, Vuetberg. Nays--None. Communication of City Manages disclos- ing potential conflict of interest regarding the City's financial assistance to Dubuque Housing Initiative (DHI) and requesting legal opinion from Corporation Counsel, lnesented and mad. Council Membe~ Vontberg moved that the communlcadco be received and filed and ~ferred to the 'Co~don Counsel. Seconded by Council Member Pmt~ Carded by the following vote: Yeas--Mayor Brady, Coun¢li Members Deich, Kluesner, IGieg, Nichol~on, Pratt, Vuethesg. Nays---None~ Communication of City Manages recom- mending approval of the execution of a Financial Assistance Award Agnsement between the City of Dubuque and the U.S. Del~rtn~nt of Co--/Economic Devel- opment Administration (EDA), presented and m~d. Council Membes Vontberg moved that the commmfication be rec~ved and filed. Seconded by Council Member Pratt. Cenled by the following vote: Yees---Mayor Brady, Council Members Deich, Klue~uer, IGieg, Nichulson, Pratt, Voetberg. Nays--- None. RESOLUTION NO. 246-91 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ECONOMIC DEVELOPMENT ADMINISTRATION FUNDING WITH THE UNITED STATES DEPARTMENT OF COMbIERCE Whesem, the Econon~o Development Adn~nistradon inngram has been esueted by the Uni~nd States Department of Conm~rce to assist in attaining the econcmto devel- opment goals of local jurisdictions; and Whereas, the City of Dubuque, lows, seeks to funhes, through the c-mation and development of the Dubuque Corporate C~nter, oplmrmnities for new and expanding Regular Session, July 15, 1991 314 businesses and lnesossed penuenant employ- merit fos its citizcot~; and Wbnean, tbs City of Dubuque, Iowa has been trended an $800,000 gnat from the Economic Development Adn-dnistralion of tho United S~ates Department of Commerce towards the ¢~mpledon of the pmpmnd econondo davolopment projeet; and Wbeseas, dm Eoonomlo Development Adnninlatration Fondinli Agreetmmt is to bo executed between tho Economic Develop- ment Adm[alsh'aHon and the City of Dulmque, low~ · copy of which is he. to · tt,sehed and by this esfemnce is made u heseof. ~ being no further business, Council Member Nicholsco moved to adjourn the meeting. Seconded by Council Member ~ Caffled by the following vote: Yeas---Mayor Brady, Council Members DUlch, Kluesuer, F~ieg, Nichulson, Prutt. Vuethe~, Nays--Noue. Meeting adjourned at 10:27 p.n~ Mary A. Davis City Clerk 1992. NOW, Ti-n~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1. That the Maye~ and the City Council be and they ar~ h~by authorized and directed to endorse the acceptsnee by the City of Dubuque, Iowa upon an nomic Development Admiulslxation Agme- ment fos funding in · form be~eto attached. Se~ion Z. Thut tha City Man~es be and he is h~by authorized to dishmle funds in accordanco with the tenv. s and conditions of said Agreement. day of July, 1991. James E. Brady Mayor Attest: Mary A. Davis City ~ Council Member Voetberg moved Mop- ties of the Resolution. Seconded by Council Member Pratt. Canind by the followinS vo~: Yeas---Mawr Bnuly, Council M~mbers Deich, lOuesnes, Ktieg, Nicholson, Pratt, Vuetherg. Nays~Noue. A{{est: 315 Special Session, July 30, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Semion, July 30, 1991. Council met at 4:35 o'olock p.m., Public Lilanty Auditorium. Pte~unt: Mayor Brady, Council Members Klueene~, Kfing, Nichc~son, Pra~ Vuntharg, City Mannge~ W. Kenneth Geathatt Absent: Council Member Deich, Corporation Counsel Bany A. Liedahl. Mayor Brady read the call and sta~d this is a Special Session of the City Council eniled for the pu~o~ to consider a Rean- lution granting a Ciasa "C" Liquor I. iennue To Budda's Spare Bar & Grill. RESOLUTION NO. 247-91 Whereas, applications for Liquor Licenses hava been submitted to this Coaneil for approval and the same have been examined and approved; and Wbere~, the premise~ to be occupied by such al~licants warz inspected and found to comply with the State law and all City Otd~nunees ~devunt thereto and they have filed proper bunds. NOW. THEREFORE, BY THE CITY COUNCIL OF THE OF DUBUQUE, IOWA: That the Manager be authmized to eansz to be issued the following named appiicanta a Liquor Licanse. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE T-MPR, Ina., Bedde's Speete Bar & O~B, Sunday Sales, 660 Iowa Street Passed, apmoved and adopted this 30th day of July 1991. James E. Brady Mayor Attest: Mary A. Davis I City Clerk Counoll Member Klunmer moved adaP' tion of the Reaniution. Seconded by Council Member Vuntharg. Canied by the following vote: Yeas---Mayor Brady, Couneil Members Khiasnar, K~ng, Nichclson, Pratt, Voetharg. Nays--Noun. Ahiunt---Couneil Member Deich. Thea'e b~iug no further business, Council Member Voetburg moved to edjonm th= meeting. Seconded by Couneil Member Nichulsen. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesne~, Krieg, Nichdson, Pratt, Vuntberg. Nays--None. Alnunt--Coundl Member Deich. Meeting adjourned at 4:37 p.m. Mary A. Davis City Clark Approved ~ ..~,, 1992. Attest: L Regular Session, August 5, 1991 316 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session. August 5, 1991. Coancil met at 7:30 o'clock p.m., Public Lilxary Auditorium. Present: Mayor Brady, Council Members Deich, Kiuesnar, Nicbulson, Pratt, Voetberg, City Manngar W. Kenneth Ge, adam, Corlx)- ration Counsel Ban'y A. LindahL Absent at Roll Call: Council Member Kfing. Mayor Brady read tho call and stated this session is the Regular Monthly Meeting of the City Coundl called for tbe purpose to ~t upon such business which may pmparly carte below thc Council. PROCLAMATIONS---Wenk of August 6th ~ llth an "Dubuque County Fair Week (aceepted by Dubuque County 4-H King, Iim Hammerand and Dubuque County Queen, Linda Feidmunn). Couneil Membe~ Kdng untezed the Cherub,s at 7:35 p.m. Presentation of "Certificates of Appreciallon" to City en'oloy~s Karl1 Kieffer, M~k Van Dyke and Doug McCalhim. Proof of Publication certified to by thc Publisher on No6un of Public Heating to consider te. eiaseffying tn~es located East of Radford Road, West of the Embassy West Subdivision as requested by Sunny Slopes Estates; Communlc~tion of Long Rungc Planning Commission advising ti~y have found the rechseification consistent with their preliminary land usc plans for the Northwest ACu~ial Conid~, Communication of Bill Bm:khart endorsing and requesting approval of zoning xeclassification, presented and read. Council Member Pratt moved that the pron£ and commuhicmions be ~.ceived and filed. Seconded by Council Member Kluesnar. Cmied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kiuesner, Kdng, Nicholson, Pratt, Vontburg. Nays~Nona. Council Member Deich moved that the rules be suspunded to s~ow anyone Ineaent to midress tho Council if they so desire. Seconded by Cunncll Member Klucsanr. Canled by the following vote: Ye. ns.---Mayor Brady, Conncll Members Delch, Klucsuer, Kdug, Nicholson, Pratt~ Veetburg. Naym--Noun. An O~0diunnee an~nding Zoning Drdi- unnens by reclassifying Inoperty loc4~ed East of Radford Road, Weet of the Embassy West Subdivision and Lot 2 of tho SE 1/4 of the NE 1/4 Se~llon 20-T89N-R2E in tho City of Dnbuqun; South of the Asbary City limits and North of tho North Runga lndusuial Park fwm AG Agfionimm District to R-1 Single- Fan~ly Residential District, R-2 One and Two-Family Residential Dis~ct, R-3 Modarato Density Multi-Family Residential Dislrict, R-4 Multi-Family Residential District and C-2 Neighborhood Sbupt~ng Center Dis~ct, first reading only given on Iniy 15, 1991, presented f~ further action. Gen~ Sullivan, 24426 River Valley Dr., staled that Dubuque needed affordable housing, in the $70+000 range. Ken Bueslng, 3115 Spring Valley Rd., Mei Miller of Dunieith Ct., Rol~t Smith of 31666 Kingalon Way, Ma~k Mundea's of Embassy West, Bob Fisch of W. llth St and Ran White all spoke to tho proposal. (OFFICIAL PUBLICATION) ORDINANCE NO. 58-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT TI~ CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE A~V~NDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDI- NANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSI- FYING ItEREINAFrER DESCRIBED PROPERTY LOCATED EAST OF RADFORD ROAD. WEST OF THE EMBASSY WEST SUBDIVISION AND LOT 2 OF THE SE 1/4 OF TIlE NE 1/4 SECTION 20-T89N-R2E IN THE CITY OF DUBUQUE, SOUTH OF THE ASBURY CITY LIMITS AND NORTH OF THE NORTH RANGE INDUSTRIAL PARK FROM AG AGRICULTURE DISTRICT TO R-1 SINGLE-FAMILY RESIDEN- TIAL DISTRICT, R-2 ONE AND TWO-FAMILY RESIDENTIAL DIS- TRICT, R-3 MODERATE DENSYFY MULTI-FAMILY RESIDENTIAL DISTRICT, R-4 MULTI-FAMILY RESIDENTIAL DISTRICT AND C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT