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1991 August Council Proceedings315 Special Sesslon, July 30, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, July 30, 1991. Council met at 4:35 o'clock p.m., Public Library Auditorium Present: Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Pratt, Voetberg, City Manager W. Kenneth Gearhart. Absent: Council Member Deich, Corporation Counsel Barry A. Lindahl. Mayor Brady read the call and stated this is a Special Session of the City Council called for the purpose to consider a Reso- lution granting a Class "C" Liquor License To Budde's Sports Bar & Grill. RESOLUTION NO. 24741 Whereas, applications for Liquor Licenses have beet submitted to this Council for approval and the sate have bean examined and approved; and Whereas, the promises to be occupied by such applicants were inspected and found to comply with the State law and all Qty Ordinances relevant thereto and they have flied proper bonds. NOW, THEREFORE, BE IT RESOL BY THE CITY COUNCIL OF THE OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE T -MPR, Inc., Budde's Sports Bar & Grill. Sunday Sales, 660 Iowa Street Passed, approved and adopted this 30th day of July 1991. James B. Brady Mayor Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas —Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays —None. Absent -- Council Member Deich. There being no further business, Council Member Voetberg moved o adjourn the meeting. Seconded by Council Member Nicholson. Carried by the following vote: Yeas —Mayor Brady, Council Members Kluesner, Krieg, Nicholson. Pratt, Voetberg. Nays —None. Absent — Council Member Deich. DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Meeting adjourned at 4:37 p.m. Mary A. Davis �6Ciitty -Cllleerrkk�� Approved C tut 1992. Regular Session, August 5, 1991. Council met at 7:30 o'clock p.m., Public Library Auditorium Present: Maya Brady, Council Members Deich, Kluesner, Nicholson, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corpo- ration Counsel Barry A. Undahl. Absent at Roll Call: Council Member Krieg. Mayor Brady read the call and stated this session is the Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may pmp°ly come before the Council. PROCLAMATIONS —Week of August 6th thru 11th as "Dubuque County Fair Week" (accepted by Dubuque County 4-H King, Jim Ilammerand and Dubuque County Queen, Linda Feldmann). Council Member Krieg entered the Chambers M 7:35 p.m Conn embers Attest: Clerk Attest: Mary A. Davis City Clerk to address dm Seconded by Council Member Kluesner. r. Carried by the following vote: Yeas —Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays - -None. An Ordinance amending Zoning Edi- nances by reclassifying property located of Radford Road, West of the Embassy West Subdivision and Lot 2 of the SE 1/4 of the NE 1/4 Section 20-T89N -1123 in the City of Dubuque; South of the Asbury City Emits and North of the North Range Industrial Park from AG Agriculture District to R -1 Single - Family Residential District, R -2 One and Two-Family Residential District, R -3 Moderate Density Muld- Family Residential District, R -4 Multi - Fancily Residential District and C -2 Neighborhood Slopping Center District, first reading only given on July 15, 1991, presented for further action. Presentation of "Certificates es f Appreciation" to City employees Kieffer, Mark Van Dyke and Doug McCallum Proof of Publication certified to by the Publisher on Notice of Public Hearing to East ofmRadford Road Westt properties f the Embassy West West Subdivision as requested by Sunny Slopes Estates; Communication of Long Range Planning Conunission advising they have found the reclassification consistent with their preliminary land use plans for the Northwest Arterial Corridor; Communication of BID Burkhart endorsing and requesting approval of zoning reclassification, presented and read. Council Member Pratt moved that the proof and communications be received and filed. Seconded by Council Member Kluesner. Carried by the o�Members Yeas —Mayor Brady, Council Deich, Kluesner, Krieg, Nicholson. Pratt, Voetberg. Nays —None. Council Member Deich moved that the rules be suspended to allow anyone present Gene Sullivan, 24426 River Valley Dr., stated that Dubuque needed affordable housing, in the $70,000 range. Ken Buesing, 3115 Spring Valley Rd., Mel Miller of Dunleith Ct., Robert Smith of 31666 Kingston Way, Mark Menders of Embassy Wes, Bob Fisch of W. 11th St. and Ron White all spoke to the proposal. (OFFICIAL PUBLICATION) ORDINANCE NO. 58-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NAN, CITY OF AMENDED BY BUQ APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDI- NANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSI- FYING HEREINAFTER DESCRIBED PROPERTY LOCATED S S THE RADFORD ROAD, EMBASSY WEST SUBDIVISION AND LOT 2 OF THE SE 1/4 OF THE NE 1/4 SECTION 20T89N -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 DENSITY MULTI- FAMILY RESIDENTIAL DISTRICT, R -4 MULTIFAMILY RESIDENTIAL DISTRICT AND C -2 NEIGHBORHOOD SHOPPING CENTER DISTRICT 315 Special Session, DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Sl~cial ~uiun, Iuly 30, 1~1. Council n~t at 4:35 o'clock p.m., Public Lilm~y Aaditmium. Present: M~yor Brady, Council Members Kiucsner, Pains, Nichulson, ~ Voctharg, City Manager W. Kenneth Gearhart Absent: Couucil Member Deich, Co~ooration Counsel Barry A. Lindchl. Mayor Brady read the call and stated this is a ~ Seesiun of the City Council c~lled for the pmlx~ce ~o consider a Reso- lution 8vunting · Class "C" Liquor License To Budde's Sprats Bar & Gdli. RESOLUTION NO. 247-91 Whereas, applications for Liquor Liounses Imve been submitted to this Council for approval and the same have been examiced and apl~oved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State law and all City Oi'dinunces mievunt thew. to and they Imve NOW, TI-~REPORE, BY THB CITY COUNCIL OF THE OF DUBUQUE, IOWA: That the Manager be authmized to cause to be issued thc foliowlnli named applicants a Liquor License. CLASS #C# (COMMERCIAL) BEER AND LIQUOR LICENSE T-h/d~R, Inc., Budde's Spore Bar & Odli, Sunday Sales, 660 iowa Stseet Passed, ~pp, oved und adopted this 30th day of July 1991. James E. Brady Mayor Altnst: Mssy A, I~vis City Clerk July 30, 1991 Council Member IOunsner tion of the Resoludon. Seconded Membs~ Voctbe~x. Conied I vote: Year--Mayor B~Ul} Kicesner, Kiing, Nichulson. Prstk Voctberg. Nays--Noun. Absent--Counc~l M~mber DUlch. There being no farther business, Council Member Vuntberg moved to adjourn the mceilng. Seconded by Coundl Member Nichoison. Canied by the following Ye~--Mayor Brady, Council Members Kiunsner, Kting, Nichulson, Pratt, Vuntber~. Nays--None. Absunt---Councll Member Deich. Mcedng adjoorned at 4:37 p.m. Mary A. Davis City Clerk Approved ~1992. Mayor Attest.' Regular Session, August 5, 1991 316 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Rngniar 5essio~ Angnst 5, 19~1. Council met st 7:30 o'clock p.m., Puliio Librssy Auditorium. lh~unt: Mayor Brady, Coumdl Members Deich, Klocceer, Nicholson, Pratt, Voctberg, City Manngor W. Kenneth ~ Carlx>' ration Counsel Ban'y A. LindabL Absent at Roll Call: Counull Member Ktie$. Mayor Brady teed the ~ and stated this session is the Regular Monthly Meeting of the City Council called fas the proPOSe to &ct upo~ such husiunse which nmy ISOpedy come before the Cunn~. PROCLAMAT1ONS---We~k of August 6th thru llth as "Dubuque County Fair Week" (accepted by Dubuque County 4-14 King, ~[im ltnmmetund and Dubuque County Queen, Linde Feldmann). Council Member Kdeg untaxed the Chnmbars st 7:35 p.m. Presentation of "Certificates of Aplxeciailun" to City en~loyocs Kadl Kieffer, M~rk Van Dyke and Do~li McCallum. Proof of Pabfic.adon certified to by the Publisher on No~oc of Public Homing to consider reclassifying pmpe~es located East of Radford Road, West of the Embassy West Subdivision ~s ~qocsted by Sunny Slopes Estates; Communication of Long Range Planning Commission advising they have found the reulnssificaliun consistent with their preliminary land use plnns for the Northwest Atte~ni Corridor, Communication of Bill Barklmrt endorses and seqocsting aplxoval of zoning xuclnssiflcation, presented and ~tl. Council Member Pratt moved that the proof and communicailuns be n~-4ved and filed. Seconded by Cunnull Member Klunsnar. Canied by the f~lowing vote: Yeas---Mayor Brady, Cunneli Mem~tx~'s Duich, Kiunsner, Kries, Nichulson, Pratt, Voctber$. Nays-None. Council Member Duich mevad that tbe rules be suspended to allow unyoue?resent to address the Council if they so desixc. Seconded by Council Member Klnesner. Cardad by the following vote: Y~Mayor Brady, Council Members Delch, Kiocsner, Kring, Nicholson, Pratt, Vuntberli. Nays--Noun. An Ordinance amending Zoning Oz'di- nuneo, by seolaasifying ~ )f Radfc~d Road, West of tho tmmassy west Subdivision und Lot 2 of the SE 1/4 of the NB 1/4 Section 20-T89N-R2E in thc City of und North of the North Range Indnswial P~k f~om AG A~icultare District to E-I Single~ Fun~ly Residential DisUict, R-2 One and Tw~-Family Rnsidential DisUic~, R-3 Modmato Density Malti-Fun~ly Residential DiMrict, R=4 Multi-Fan~ly Residanllul DisU'lct and C-2 Neighborhood Sbepping Center Dis~ict. first ~tdtng only ~ivcn on July 15, 1991, prnsented for further action. Gene Sullivan, 24426 River Valley Dr., stated that Dobuquc needed affordable honsin~, in the $70,000 range. Ken Bunsing, 3115 Sl~ing Valley Rd., MOl Miller of Doulnith Ct., Robe~ Smith of 31666 Kingston Way, Ma~k Mandars of Bmbesey West, Bob Fisch of W, llth St. and Eon White nil spoke to the prop~ (OFFICIAL pUBLICATION) ORDINANCE NO. $8-91 AN ORDINANCE ON THB CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE ON ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMBNDED BY RBVIS- lNG APPENDIX A THEREOF, ALSO KNOWN AS THB ZONING ORDI- NANCB OF THB CITY OF DUBUQUB, IOWA, BY RECLASSI- FYING HBRBINAP'fBR DESCRIBBD PROPERTY LOCATED BAST OF RADFORD ROAD, WBST OF THB EMBASSY WEST SUBDIVISION AND LOT 2 OF THB SE 1/4 OF THE NE 1/4 SECTION 20-T89N-R2.B IN THB CITY OF DUBUQUE, SOUTH OF THE ASBURY CITY LIMITS AND NORTH OF THE NORTH RANGB INDUSTRIAL PARK FROM AO AORICULTURE DISTRICT TO R-1 SlNGLB-FAMILY RESIDBN- TIAL DISTRICT, R-2 ONE AND TWO.FAMILY RESIDENTIAL DIS- TRICT, R-3 MODBRATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT, R-4 MULTI-FAMILY RBSIDBNTIAL DISTRICT AND C-2 NBIGHBORHOOD SHOPPING CENTER DISTRICT 317 Regular Session, August 5, 1991 NOW, THEREFORE, BE IT ORDAINED BY TIng CITY COUNCIL OF Till CITY OF DUBUQUE, IOWA: Setiion 1. That the Coda of Ordinanees of the City of Dubuque, Iowa, bo amended by ~vining Appendix A the~e, of, also known es the Zoning Ordinnnce of the City of Duhaqan, Iowa, to reclassify herulnnfler AG Agrleultumi District to R-1 Single- Family Residential Dis~iet, to wit: Beginning at the inte~seetion of the center tine of Radfe~d Road and the Asboty City limits and ruaning east 1,173 feet, then south 3,231 feet, then west 862 feet, then north 40 feet, then northeast 80 feet, then no~.h 1,283 feet, then northwest 366 feet, then north 899 feet, then west 303 feet, then north 412 feet to the point of beginning; and Beginning at a point aplxoximataly 412 feet south ami 168 feet eant of the interseetion of the center line of Radford Road and the Asbesy City limits and rues east approximately feet then south approximately 750 feet then west nppmximatuly 135 feet then north to the point of beginning. From AG Agricultural District to R-3 Moderate Density Multi-Family Residential District, to wit: Beginning at a point appsoximately 412 feet south of the intersection of the con,er tine of Radford Road and tho Asbtu~ City limits and continuing east approxinmteiy 168 feet then south 750 feet thea west approximately 168 feet then ncath to tho point of beginning; and Beginning at a point appsoxlmataly 168 feet east of the intersection of the center lines of Redford and Saratnga Reads then run east app~oxinmtely 135 feet, then south wpproximately 100 feet then southeasterly approximately 416 feet then south approximately 63 feet the northwesterly approximately 484 feet then north to the point of beginning; and Beginning at a point approximately 700 feet east and 900 feet south of the intersection of the center lines of Redford Road and Saratoga Road and continuing south approximately 6,720 feet then southwest approximately 180 feet, then north apprnnimatoly 800 feet then east to the point of beginning. From AG 'Agricultural District to R-4 Multi-Family Residential District, to wit: Beginning at tho interseetion of the center line~s of Redford Road and Saratoga Road plus south approxi- mately 1328 feet then southeast $13 feet then south 444 feet then east apprnni- mately 170 feet then north !/18 feet then northwest approximately 496 feet then nozth approximately 313 feet then west to the point of beginning. From AG Agricultural District, to C-2 Neighborhood Shopping Center Dis~ct~ to wit: Beginning at a point 319 feet south of the intersection of the center lines of Radford Road and Saratoga Road and runs east 564 feet, then .south 354 feet then west along the nortbom boundary of Nesth Rantie lndasuinl Park Block ! 282.47 feet then nonl~ along the center line of the Radford Road to the point of bngmulng. Section 2. That the fmegoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, lows. Passed, approved and adopted this 5th day of August, 1991. James E. Brady Mayor Attest: Ma~y A. Davis City Clerk Published officially in the Telngraph Herald this 9th day of August, 1991. Mary A. Davis City Clerk It 8/9 Council Member Pratt moved that this be considered the second reeding of the Ordi- nanee, and that tho requlrereent that a proposed Ordinance lie c~nsidered and vo~ed on for passage at two Council meetings prior to the meeting at which it is to bo finally adopted bo suspended and fmtbor moved final adoption of the Ordinance and timt the sUeet of Humming Bird Drive to Camelot tnte~conneetion to Redford Road bo com- pleted bofo~ July I, 1992, as shown on l~etimian~y plat, Seconded by Counnil Member Klueseer. Carried by the following vote: Yea~--Mayor Brady, Council Membe~ Dulch, Kluemer, Faing, Nicholson. Pra~ Veetherg. Nays---None. Regular Session, August 5, 1991 318 Council recessed at 9:25. Council reonnvonod at 9:45. Proof of Publication ~rtified to by the Publisher on Nofica of Public Heating to consider reclassifying property located N~th of Ponnsyivani~ Avenue, botwean gadford Road and tho Duboqee City limits, presented and read. ~ ware rm wdtt~ obj~lions v'.ceived and no oral objectors inerent at the time of the heating. Council Member Veetbor8 moved that the proof of publication bo received and filed. Seconded by Council Membes Nicholson. Carded by the following vote: Yees--Mayor Brady, Council Members Deich, Riuesner, Krlng, Niehnison, Pratt, Voethc~. Nays--None. An Ordinance ar~nd~ng Zoning O~i- naeec by reclessifytng prope~y leeated Noah of Pennsylvania Avenue, between Radford Road and thc Dubuque City Limits from C-2 Neighborhood Shopping Center DisUict to C-3 General Comme~al District, said Ordinance having been presented and read at the Council meeting of July 15, 1991, presented fee furthar ac. don. Jim Kalb, of 4956 River Vista, spoke to the Ordinance. (OFFICIAL PUBLICATION) ORDINANCE NO. $9-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDi- NANCES, CITY OF DUBUQUE, IOWA, BE AI~iNDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDI- NANCE OF THE CITY OF DUBUQUE, IOWA, BY 1RF~LASSI- FYING HBREINAN'I~R DESCRIBED PROPERTY LOCATBD NORTH OF PENNSYLVANIA AVENUE, BE- TWEEN RADFORD ROAD AND THE DUBUQUE CITY LIMITS FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO C-3 GENERAL COIvlbllRCIAL DISTRICT , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seciion 1. The Code of Ordinances of thc City of Dubuque, Iowa, bo amended by x~vising Appendix A theseef, also known as the Zoning Ordinance of the City of Dulmqua, Iowa, to reulasnify bo~nafter described propoW/from C-2 Neighborhood Shopping Center DisUlct to C-3 General Commm-ciul DisUict, to wit: Lot I of Lot 2 of Lot I of the bulanee oftbo halanee of Lot I of the North Range indusuial Park; Lot 2 of LOt 2 of LOt I of the balance of the balance of Lot I of tho North Range Indust~inJ Pa~ Lot 2 Of LOt 2 of tho Nc~h Range Industrial Paxk f2; the southarly 395 feet of LOt 1 of Lot 2 of the North Range Indasuinl Park ~2; and the southerly 395 feet of Lot I of the NoRh Range lndusttial park #2 all in the City of Dubuque, iowa, and ex- tending to the center line of abuttinli pestle fight-of-way. Seetlon 2. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 3. That this Ordinance shall take effect tnunodintely upon publication. Passed, op~,~oved and adopted this 5th day of August, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Pullished of tic/ally in the Telegraph Herald this 9th day of August, 1991. Mary A. Davis City Clerk It 8/9 Council Member Veetboi'g moved final edopdon of the Ordimmee. Seconded by Councti Member Nicholson. Canled by the following vote: Yeas~Mayor Brady, Council Membo~ Dnich, Kleeseer, Kring, Nicholson, Pratt, Vcetbo~. Nays--None. Proof of Publication eertified to by the Publisher on No6ce of Public Hearing to reclassify propenylocated at 2389 Uulver~ity Aveeee, p~esnnteti and wad. There were no vaiUen objections received and no oral objectors present at the lime of the heating. Counnil Member Pratt moved that the proof of publication bo ~eeeived and fi]~d. Seconded by Council Member Kluesner. Carded by the following vote: Yees~Mayor Brady, Council Members Deich, Kluesner. Krieg, Nicholson, Pratt, Voetberg. Nays-Nom. An Oadinnnce amending Zoning Oxdi- nanee by mulesalfyins I~Olm~ located at 2389 Uulvessity, from R-1 Singic-Fawity Residential District to R-2 One and Two- 319 Regular Session, August 5, 1991 Fandiy Realdantlal Dishict, said Oninance having b~m presented and read al the Council meeting of Jdiy 15, 1991, presented f~ final a~don. Doug Pns~e, 120 W. llth, requested apl~OVal of the pre,posed Ordinance. (OFFICIAL PUELICATION) ORDINANCE NO. 60.91 AN ORDINANCE OF TI~ CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE Ab~NDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDI- NANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSI- FVING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2389 UNIVERSITY, FROM R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT TO R-2 ONE AND TWO-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seollon 1. Tho Codo of Ordinance~ of tho City of Dubuque, Iowa, be amended by revising Appendix A the~cof, also known as the Zoning Ordinance of the City of Dubuque, lowa, to reclassify hereinafter dascfibed property from R-1 Singla-Fan~ly Residential District to R-2 One and Two- Fandly Rasidentiul Dis~ict, to wit: Lot I of Lot 224 of Fiuley's Addition in thc City of Dubuque, Iowa, and extending to the center line of the abutting public right-of-way. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, SeeBon 3. That this Ordinance shall take effect immediately upon publication. Passed, approved and adopted this 5th day of August, 1991. Jan~s E, Brady Mayor Attest: Mary A. D~vis City Clerk Published officially in the Telegraph Herald this 9th day of August, 1991. Mary A. Davis City Clerk It 8/9 Council Member Pratt moved final edop- don of the Ordinance, Seconded by Council Member Kluesuer. Caeded by the following vote: Yean~Mayor Brady, Council Members Deich, Kluesuer, Kficg, Nicholson, Prat~ Vcotberg. Nays--None, Proof of Publication certified to by the Publisher on Notice of Public Heating to amend Zoning Ordiuenco te~t amendment providing that tho bulldability of non- confon~ng lots be alteiv, d, pxnsen~ed and read. There were no written objuetlcos received and no oral objectors pre~nt at the lime of t~ hearing. Council Men0aer Vuetherg moved that thc proof of publication Member Nicholson. Canied by the following vote: Yeas---Mayor Brady, Council Members Doich, Kluemer, Kfieg, Nichoisoa, Pratt, Vuetberg. Nays--Noue. An Ordinance amending Zoning Ordi- nance by repealing gao present Section 4-6.2(A) and adding thereto a new Section 4-6.2(A) peoviding that the bcildability of nonconforming lots be ulte~d, said Ordi- nance having been presented and xend at the Council mceting of July 15, 1991, pm~nted for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 61-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA. PROVIDING THAT THE CODE OF ORDI- NANCES. CITY OF DUBUQUE, IOWA. BE AMENDED BY REVISING APPENDIX A THEREOF. ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY REPEALING THE PRESENT SECTION 4-6.2(A) AND ADDING THERETO A NEW SECTION 4-6.2(A) PROVIDING THAT THE BUILDABILITY OF NONCONFORMING LOTS BE ALTERED NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. AppendaLx A of the Cede of Ordinances of the City of Dubuque, Iowa, is be~uby amended by repealing the present Section 4-6.2(A) and odding thereto tho new Section 4~6.2(A): Regular Session, August 5,.1991 32O (A) Lot~. Any lot buying insufficient a~ea, width, or del~h fc~ the zoning distriat in which it is locami, f~oatnge on an irr~oved public sUcet, or an iml~oved pflvuto atwet of of, sh~ ~ ~oul~d~ a lawf~ uoucou- forming lot only if it was lawfully platted, ~.corded and on file in the Office of tho Dubuque County Recorder prior ~o tho adop- tion of this Ordinance or if a deed or other instrument in {he owuess chain of title creating or containing a legal description consistent with the cur~ut dimensions of such lot was lawfully recorded and on file in the Office of the Dubuque County Recorder prior to the adoption of this Oediuence. On any single lawful nonconforming lot within u zoning district which permits single- family detanhed msidentiul dwellings, one (1) such dwelling may be consUucted by tighi, provided that sutbacks (yards), height, lot coverage, and off std..et parking require- ments of the zoning district within which the parcel is located are complied with, and all consUuctlon activity, Seolion 2, That thc forgoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, lows. Se~lon 3. This Ordinance shall take effect immediately upon publication. Pa~w.d, nppreved and adopted this 5th day of August, 1991. ]an~s B. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in thc Telesra~h Herald this 9th day of August, 199L Mary A. Davis City Clerk it 8/9 Couaoil Momher Vcotberg moved final ndopfitm of the Ordinance. Seconded by Council Member Nioholann. Carded by the following vote: yan~--Mayor Btndy, Council Membet~ D~ioh, Klueanor, Krlug, Nicholsou, Pra~ Vuetberg. Nay~---None~ Proof of Publication certified to by Publishe~ on Notice of Public Heating to consider disposing of City's inte~at in prop~y loca~d at 591 Almond Steer and communication of City Manngor requesting approval to sell real nsta~ at 591 Almond Smut Inesentod and read. There we4e no ,mitten obje,aioan received and no c~l objcetoss lY~at at ~be time of the hearing. Couecil Member Kfiug moved that tho prcof and cornmunic~tion he mce. ived and fried. Seconded by Council Member Nicholson. Canied by the following vote: Ye~--Mayor Bnuly, Cmmcil Momhers Dcich, Kluesuer, Kring, Nicholson, Pratt, Vuetburg. Nays -Noue. RESOLUTION NO. ~48-91 A RESOLUTION APPROVING THE DISPOSAL OF CITY-OWNED PROPERTY: THE WESTERLY 40 FEET OF LOT 66 IN COX'S ADDITION TO DUBUQUE, BEING A SUBDIVISION OF DUBUQUE CITY LOTS NO. 679, 680, AND 681, AND MINERAL LOTS NO, 94, 101, IO1A AND 102 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, ACCORDINO TO THE RECORDED PLAT THEREOF, ALSO KNOWN AS 591 ALMOND STREET, TO DALE L AND KIM R. KLINKHAMMER Whereas, pursuant to duly published notice, published in the ~ uewspeper on the 26th day of July, 1991, the City Council of Dubuque, lows, n~t on the 5th day of August, 1991, at 7:30 p,ro. in the Carnugie Stout public Library Anditodum, llth and Bluff Slreets, Dubuque, Iowa. to consider the proposal of disposing of City- owned ~1 ns~ate locked ut 591 Almond Sucet which property is legally described ~s follows: The Weaterly 40 feet of Lot 66 in Cox's Additio~ to Dubuque, being a Su~iivlsion of Dubuque City Lots No. 679, 680 and 6gl, and Mineral Lots No. 94, 101, lOla and 102 in the City of Dubuque, Dubuque County, lows, Whereas, such prope~y is to he sold to Dale L and Klm R. Klinkhamr~r for the consideration of $200.00 and rehabilita6on of such prope~y in ancordance with City smmla~ds; and Whereas, the City Council of the City of Dubuque, lowa, has oven'uled any and all objections, o~al and wri~n, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in tho herein and &buve- named real cstate to the above-named NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 321 Regu ar Session, AugUst 5~ 1991 Section 1. That the disposal of thc inte~st of the City of Dubuque in the beauln above- dnscribed pmpen'y to Dale J. and Klm R. Klinklumunor is hereby aPlwOved. Sectioo 2, That the Mayor ha and he is he~by authorized and directed to execute a Quit Claim Deed, and that the City Ciuik be and she is hereby dixe~d and unthorized to deliver such deed, conveying the above der~ribed ~ nstate to the above-named Passed. N~proved and adopted this 5th day of August, 1991· Attest: Mat/A. Davis City Clerk James E. Brady Mayor Council Member Kfing moved adoption of Resolution, Seconded by Council Member Nicholsou. Canted by the following vote: yens---Mayor Brady, Council Members Delch, Klueseor, Kxieg, Nicbolson, Pratt, Vcetberg. Nays--Noue. Communication of City Manager recom- mending approval to vacate and dispose of City property located on Villa SUcet, presented and ~..ad. Council Member Voetherg moved that thc communication be received and filed. Seconded by Council Member Nicholson, Cmied by the following vot~: Yeas--Mayor Brady, Council Members Ddich, IOunsner, Kfing, Nicholsou, Pra~ Vouthorg. Hays--None. RESOLUTION NO. 249-91 RESOLUTION APPROVING PLAT OF PROPOSED VACATED 30 FOOT WIDE PORTION OF VILLA STREET Whereas, tbe~ has been presented to the City Council of the City of Dubuque, Iowa, a plat dated July 12, 1991, prepared by HW Engine, s & Su~eyors, P.C., descfilting the proposed vaceted 30' po~ton of Villa SUcet from ite southern temtinns north to the northerly llne Levi's Addiliou; and Wbeteas. said plat conforms to the laws and statutes pex~ulning thereto. NOW, THEREFORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sullen L That the plat dated July 12, 1991, prel~red by IIW Engineers & Sun~eynss, P.C., wlativu to the real estate herelunbove des~ibed be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behulf of the City of Dubuque, Iowa. Section 2. The City of Dubuqu~ znse~es unto itself a pexpetuul e~emout iecinding the right of ingress and ngress thereto, for thc )orpose of electing, installing, constructing, ~ounsUucting, nspalrlng, owning, operating, md maintaining water, sewer, drainage, gas, telephone, t.v. cable, and elecuie lines as may bo authorized by the CIty of Dubuque, Iowa. Section 3. That the City CIe~ be and is hereby authorized and directed to file said plat and certified copy of this Rasolutloh in the office of the Recorder, in and for Dubuque County, lows. Passed, approved and adopted this 5th day of August, 1991. Attest: Mary A. Davis City Clerk lames E. Brady Mayor Council Member Vectberg moved adap- lion of the Resulution. Seconded by Council Member Nicbolson. Carried by the following vote: Yens--Mayor Brady, Council Members Deich, Klecsnns, Krlng, Nicholson, Pratt, Vectbu~g. Nays--None. An Ordinance vacating a 30 foot wide ponlon of Villa S~t to be known ns Lots 2lA ami 24A of]Levi's Addition in the City of Dubuque, p~sented and read. Council Member Voetberg moved that this be con- sidered the first ~.ading of the Ordinance, and that the reqal~ement that a proposed Ordinance he cons/de~i and voted on for pe~ngu at two Coundl meetings prior to the meeting at which it is to be finally adopted be suspended and further moved that a public hearing be heki on the propceed Ordinance 9n the 19th day of Augnst, 1991, at 7:30 p.m. in tho Public Library Auditorium and that the City Clerk publish notice hi the manner pres~thed by law, Seconded by Counull Member Nicholson. Canled by the following vote: Yeas--Mayor Brady, Council Membu~s Dulch, Klunsner, Kfing, Nicholson, Pratt, Voetherg. Nay~Nouo. RESOLUTION NO. 2~0-91 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2lA AND LOT 24A OF LEVI'S ADDITION IN ~ CITY OF DUBUQUE, IOWA Regular Session, August 5, 1991 Wbe~ns, Richard L Hastig and Bldou F. & Ellen M. Newt have ~qecated the vacat- ing of a 30 foot wide pm~ton of Villa Sunet from its soutbom teordnns nnsth to the no~hafly line o~ Levi's Addition; and Whexcea, llW Bnginse~ & Survcyco, P.C. has Im~ and submitted to the City Council a plat showing tho vacated 30 foot pofdou of Villa S~xcet from its southc;R terrmuns north to the nnsthedy line of Levi*s Addition and assigned lot numbers thereof, which he~ulunft~ shall be known and described as Lot 2lA and Lot 24A of Levi's Additiou in tho City of Dubuque, lows; and Wbe~ens, the City Coun~ of thc City of Duboqne, Iowa, has detemSneA that this po~ou of Villa Stl~et is no longer raq~ for public uso, except fns utility easements as noted, and vacating and sale of said parlous of alleys and sUe, ets known ns Lot 21A and Lot 24A of Levi's Addition in the City of Dubuque. Dubuque County, lowe, should be approved. NOW, TBEREFORE, BE IT RESOLVED BY THE CITY cOUNCIL OF THB CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuqun intends to dispose of its interest in Lot and Lot 24A in Levi's Addition in the City of Dubuque, Iowa. Secllon ~1. That the conveyance of Lot 2lA of Levi's Addition in the City of Dubuque, lows; to Richard L Hartig be contingout upon the payment of $844.00, plus platting and one-half of the publication and filing fees; and that ,the .couvey~a~? of~ Lot 24A of Levi's Addittou tn thc ~.tty ox Dubuque, Iowa. to Eldon F. & Ellen M. Newt be contingent upon the payn-~nt of $458.00, pins une-helf of the publication and filing fees. Section 3. The City of Dubuque resel~ns unto itself a perpetual cesoment incladln§ the right of ingress and egress thereto, for thu purpose of erecting, instsBing, constructing, ~ec~nsU~cting, repaldng, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv cable, and elccAllc lines as nmy be authorized by the City of Dubuque, Iowa. Section 4. That thu City clerk be and is hereby author~-.d and diluted to cause and notice of intent to dispose of said reul esta~ in the manner as prnscfihed by law. Passed, approved and adopted this 5th day of August, 1991. At, nsf: Masy A. l~vis City Clask 322 Sames E. Brady Mayor Coanull Memb~ Voothe~ moved adop- lion of the Re~olutiou. Seconded by Council Membe~ Nichulson. ~ by the following vote: ynss--Mayns Brsdy, Council Members D0ich, i~uceecr, Kring, Niubolson, Pratt, Vcetber~. Nays~-Noec. Proof of Publication cor'dfied to by the on No~ice of publishing Resolution No. 222-91 requiring the approval of mini- mum xequlrements, competitive .cri~.'~ offering documents and procedures Ins posal of certain Urban Rouewul p~ol~..y, dete~miulng that the Ixoposel submiReo uy WCB Development Corperatiou satisfies the offering ~eqairements and providing for the soliciting of competing pmpusuls, pmsente~. and n~ul. Council Member Vcetherg movou that the proof of publication be meeived and filed. Seconded by Coun~ Member Nicholson. Cauled by thu following vote: yeas--Mayor Brady, Council Members Deich, Klecsoer, Kdeg, Nicholsou, Pratt, Vectbo~g. Nays-None. RESOLUTION NO. 251-91 Whereas, pm-suant to resolution and published notice of time and place of 'n ublished in the Tele~rsP~ hem g,p , ----.-' . .... u newspaper of general curculation published in the City of Dubuque, Iowa, on July 5, 1991, the City Council of the City of Dubuque~ Iowa, met on the 5th day of August, 1991, at '/:30 p.m. in Auditorium, Thhd Flons, Carnegie Stout Public Lilxa~y, Dubuque, Dubuque County, Iowa, to consider the sale of real eslate descfibud as: LOt 2 of LOt 1 of Lot 2, A. C. pfold Place, exclusive of the easterly 100 feet thereof and those pu~dons dedi- ca~l as public streets and fights-of- ways sssigned thumwith, all in the City of Dubuque, lows; Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objec- tions, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa, in the herelnabove described estate to the WCB Development Corpuratiou. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 323 Regular Session, August 5, 1991 Se~tinn 1. That thc disposal of the intsrest of the City of Dubaque, Dubuque County, Iowa, in real propelly described as Lot 2 of Lot 1 of Lot 2, A. C. Pfohl Place, exclusive of the easterly 100 feet the~of and tho~e po~oue dedie~ted as pubiic sUuets and rlghts.of-wuys assigued therewith, all in the City of Dubuque, Iowa, to the WCB Devel- opment Co--un is Section 2. Thut tbe Mayor be authorized and directed to execute u Warranty Deed, and the City Clerk be and is hereby fized and directed to deliver said deed of conveyance to the WCB Development Cor- poratlou. Section 3. That the City Clerk be and is hereby authorized and &rectod to record a ce~fled copy of tiffs Resolution in the Office of the City Assessor, Dubuque County Recorder nnd the Dubuque County Treasurer. Passed, approved and naopted this 5th any of August, 1991. James F,, Brady Mayor Attest: Mary A. Davis City Clerk Coandl Member Voetberg moved adop- tion of the Resolution. Seconded by Counail Member Nicholson. Carried by the foilowtng vote: Yeas---Mayor Brady, Council Members Dalch, Kluesner, Krieg, Nichclsoa, Pratt, Voetherg. Nays--None. RESOLUTION NO. 252-91 RESOLUTION ACCI!PTING THE PROPOSAL FOR SALE AND PRWATE DEVELOPMENT OF LOT 2 OF LOT 1 OF LOT 2, A.C. PFOHL PLACE, EXCLUSIVE OF THE EASTERLY 100 FEET THEREOF AND THOSE PORTIONS DEDI- CATED AS PUBLIC STREETS AND RIGHTS-OF-WAYS ASSIGNED THEREWITH, ALL IN THE CITY OF DUBUQUE, IOWA, APPROVING AGREEMENT FOR SAME, AND AUTHORIZING ACTIONS TO IMPLEMENT SAID AGREEMENT Whereas, tl~ Council, by Resolution No. 222-91 dated July 1, 1991: 1. Adopted ter~ and conditions for offering for sale Lot 2 of Lot I of Lot 2, A.C. Pfeld Place, exclusive of the easterly 100 feet therouf and tho~ portions dedicated as public s~reets and fights-of-ways assigned the~with, all in the City of Dubuque, Iowa, for ~hi and private development; 2. Detsrmined that the proposal sub- mitred by WCB Development Crepormion, sadefles the reqcl_wments of said offering; 3. Declared its intent to accept tho WCB Development Coqx~ration, propo~i and to enter into an Ag~meot for Sale of Land for Private Development by and between tho City of Dubuque and WCB Development Co~poration, in the event no other qualified proposals were timely submitted for development of said property; and 4. Invited competing proposals which met the term~ and conditions of said offering to be submitted to the City Clerk ou or before 10:00 a.m., August 5, 1991; and Wbereas, oo July 5, 1991, tho text of said Re~olution was published as the offidal notice of this offering and of the intent of the City of Dubuque, Iowa, in the event no other qualified proposals were timely submitted, tO enter into the A~reement for Sale of Lami for Private Development by and between the City of Dubuque and WCB Development ~tiou; and Wbemas, by eeperate Rcsolutio~ of this date, this Council has received and approved as its own the report of the City Cleric that no ot~er qualified proposal was received; and Whereas, it is the determlnntiou of this Council that neceptance of the proposal and ~le to and development of the disposition p~ccl by WCB Development Corporation, aecording to the term~ and conditions set out in the attached i~ in the public inter~t of the citizens of thc City, and is ~onslstent with the City's Urban Renewal Plan for the Dubuque Corporate Center Economic Devcl- opment District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Agreemeat for Sale of Land for Private Devclopment by and between thc City of Dubuque and WCB Devalopment Corporation is in the public interest of the citizens of the City of Dubuque and in furtherance of the City's Urban Renewal Project, and is hereby approvad. Section 2. That the Mayor is hereby authorized and directed to execute said Ag~ement on behalf of thc City and thc Regular Session, City Clerk b muthmized and diluted to attest to his siguntoro and to affix il~ asni of the City to the saran. ~n~ m ~y ~ ~ ~ of ~ A~nt ~ ~ ~v~. of Ang~ 1~1. ~ ~ B~y ~y~ A~t: M~ ~ ~vis Cl~ Co~ M~ V~ m~ ~ ~ou ~ &e R~lu~. ~ by ~ M~ NiOol~, C~ by ~ fo~o~6 vo~: Y~y~ B~y, C~ M~ D~ch, ~ue~, ~ng, Nic~lm~ ~ V~t~. Nay~Noue. ~f of ~un ~ m by ~e ~sh~ on N~ ~ Bt~ un ~ R~pt of Bi~ f~ ~ ~m~c~ou ~ ~ Du~ C~ Cen~r Pave~nt ~d U~ C~ 1~1 ~t ~d ~n~ ~d ~. Co~ M~m~ ~sn~ ~v~ ~a~ ~e ~f of pub~on ~d ~on ~ ~v~ ~d ~. ~nd~ by Co~ Mem~r ~ ~ by &o fo~o~ vo~: Y~May~ B~y, Co~ Mo~ ~ch, ~u~n~, ~, Ni~ol~n, ~ V~i~. N~Nou~ ~L~ON N~ ~-91 AWARDING CONTRACT Whereas, ~ded propo~ls hve been submitted by contn~te~ for tho Dubuque Cmporate Center Office Park and Pennsylvania Avenue Roadway and Utility Improvements pursuant to Resclmiou No. 2~5-91 and notice to bidd~s pubiisbed in a uew~p~por pabBshed in the City of Dubuque, lowa, on the 19th and 21st day of July, 1991; and Whe~as, said sealed proposals w~ opened and mdi on the 30th day of lely, 1991, and it has been detem~ned that tho hid of Hordield Conslrueliou,. lnc~ of Epwo~h, lowa, in tho amount of $1,037,649.53 w~ the lowest bid for tho furnishings of ali labor and matc~cls and perfmming the work as provided for in the plans and specificelious. The award of ilfis contract is subject to approval by the Economic Development August 5, 1991 324 ~tdminism~tion nmi the Iowa Depm'tn~nt of T~a~n. NOW, ~O~, BE ff ~SOL~D BY ~ ~ COUNC~ OF THE CI~ OF D~UQ~ IOWA: ~ ~e ~ f~ ~e a~vo i~rov~ ~nt ~ aw~ m H~fi~d ~ns~c~ou, lu~ ~ ~ ~ ~ ~ is h~by ~ m ~ a mn~t m ~h~ of · o ~ ~ ~b~ f~ ~e ~in~ BE ff ~ ~SOL~D, &at u~n ~o s~ of ~d ~t ~d ~e a~rov~ of ~e ~n~'s ~nd, ~e ~ T~r is an~ ~ i~ m ~ ~o ~d de~si~ of ~o ~s~sf~ P~, ~v~ ~ ~ ~s 5th ~y of August, 1991. At, eat: Mary A. Davis City Clerk Jarces E. Brady Mayor Council Member Kluesnor moved ndop- lion of the Reeolutiou. Seconded by Couueli Membel' Pratt, Cunied by tho following vote: Yeas-=Ivlayor Brady, Council Members Dcich, Kluesuer, l~teg, Pratt, Vcetberg. Nays~Cotmcil Member Nicholson. 'Communic~iou of City Manager submit- ling an Ordnance defining "Business DisUict" relative to Handicapped Parking Reqdic~nents, ~outed and ~..ad. Council Member Vunther8 moved that the communi- Council Member Niehelsoo. Canied by the following vote: Yeas~Mayor Brady, Council Members Deleh, IOueaner, Nicholsoa* Pratt, Veetherg. Nays~Noue. An Ordinance amsnd~ng thc Code of Ordinances of the City of Dubuque, Iowa, by oancting a new Section 32-373 thereto establishing tho limits of thc Business Disulct, or Disuicts, for the purpose of allocating on-street Handicapped Parking Spaces within said District, presented and ~d. (OFFICIAL PUBLICATION) ORDINANCE NO. 62-91 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ENAC'HNG A NEW SECTION 32-373 THERETO ESTABLISHING TI~ LIMITS OF THE BUSINESS 325 Regular Session, August 5, 1991 DISTRICT, OR DISTRICTS, FOR Ti~ PURPOSE OF ALLOCATING ON-STREET HANDICAPPED PARKING SPACES WlTHIN SAID DISTRICT Wbere, as, Iow· Code,%ctlan 321L.5(4X·) requires cities to define and ~blish a bnsluess a~mict, or dis~icu, for tbo pmpo~ of allocating on-sU~t handicapped l~kin$ sp~ces within each disuict; and Wbe~as, the City of Dubuque itaadi- capped Parking Review Commlt~ has prelx~d and approved a definition of Ih· business district, or districts, and recommunds adopllco by the City Council of an ordinance establisinng thc Bmi~s. NOW, THBRBFORB, BE IT oRDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~inn L Tha~ the Code of O~dinances of the City of Dubuque be amcoded by enacting a new Section 32-3?3 as~abllsinng the limits of thc business dlstrict, or disUicts, for the purpcan of allocating on-sm:et bundic~ perking spaces within said dlsUict, as follows: "Sec. 32-373. Business dis~ict, or dis~cts. (a) Thc~ is hereby estsbllshod a bus~ncss d~sUict, or districts, pursuant to lowa Code Section 321L.5(4)(a), for the purpeso of allocating on-s~'uet handicapped peking spaces within said disUlc~. (b) Th~ said bosiueas disutct shall bo defined as City of Dubuque parking Meter DisUicts A, B, C, D and E, as das~bod in Scodon 32-336 of the Coda of Ordinances of the City of Dubuque." Passed, apprevod and adopted ~is 5th day of Angnst. 1991. Jan~s E. Brady M·yor Att·st: Mary A. Davis City Clerk published officially in the Telegraph Herald this 9th day of August, 1991. Mary A. Davis City Clerk It 8/9 Council lV~mber Vuethc?uedlOVed that this be considered tbe ngfirst of the Or. ann·e, and that tho reqniren~nt that a proposed Ordinance bo considered and voted on for peasage at two Council mcefings l~ior m th~ mceting at which it is to be finally adopted be suspended and fuflher moved fiuel adoption of the Ordinance. Seconded by Council Member Nichoison. Carded by the following vote: yens-Mayor Brody, Council Members Dalch, Klueaner, Kfing, Nichoison, Prat~, Vuetberg. Nays--None. Petition of Swiss Valley Fans ruquesting Council approval of a new P.I. l~an and forgter n:qncsting to purchase 3 feet of City ' on Ruby Sabot and communication of CIty Manager submitting bncksround regarding above request and reconm~nding to refer matter to City Manager, presented and nmd. Council Member Kring moved that the petillon be ~ccived and filed and referred to the City Manager. Sc·ended by Council Member Pratt Canied b~ the following vote: yeas--M·yor Brady, Council Members Deich, Kluesner, Kfiag, Nichoison, PraU. V~etber~, Nays~-Noue. Communication of City Man~er request- ing l~cllmina~ approval from Council to vacate ned sell pan of a vacant lot at tho comer of Dulhi and Fort·st Lane, legally described as thc west 126 fe~t of Lot 1 of Summit Addition, to D.A.L. Building Corporation (American Legion), presented and read. Council Member Vcotberg moved ~e communication be received and filed and approved. Seconded by Council Member Canied by tho following vote: yens~Mayor Brady, Council Members Deich, Kluesner, Kfiag, Nicholson, Pratt, Vuetber~. Nays---Nonc. Petition of Jim Oantz ~.~luesting that tho required execution and acceptance of the "Resolution approving thc final plat of Lots through 8 and Lots B and C of Block 1 and Lot A of Wingatc Place" be changed from 45 days to 180 days and communi- cation of City Manager rccommcading that the request from the developers of Wingate allow 180 days to bond for public imlxovoments on tho property instead of th~ nstud 45 days be allowed, presented an :·ad. Coundl Member Klueaner moved that the pellgon and communication be recnivod and fried. Seconded by Council Member IQing. Canted by the following vote: yens---Mayor Brady, Council Member· Dnich, Klueseer, Kriag, NJ·halson, Pra~ Vuetber~. Nays.--None. RESOLUTION NO. 2~4-91 A RESOLUTION RESCINDINO RESOLUTION NO. 216-91 AND REAFFIRMING APPROVAL OF Regular Session, August 5, 1991 326 TI~ FINAL PLAT OF LOTS 1 THROUGH 8 AND LOTS B AND C OF BLOCK 1 AND LOT A OF WINOATB PLAC~ IN THE CITY OF DUBUQUe, IOWA Wbe~eu, tbe~ Im bncn fled with tho City Ciork a final plat of Lots I thro~ 8 and Lots B ~ni C of Block I ned Lot A of Winga~ Place in tho City of Dubuque, Iow~ and Whesem, upoo said tirol plat Nrpuers streets to bo ha·wu ss Winga~ l~ive and Pennsylvania Avanan, together with certain public utility uesem~nts which the owncse by said final pl~t have dedicated to tho puMic fo~ver, and Whereas, said final plat bes been exans- incd by the City Zoning Conunissiou and had its almpnsvul eedonod thereon; and Wbe~ns, the said final plat has been exanfined by th~ City Council and they find ordlnancex rele~ng th~eto, except that no puiiic uttliti~ or streets have y·t been installc~ Wbereas, tho City Council eau·ma in the conditians of approval astallisbed by City Zrsting Commlssian. NOW, TlffiRBFORE, BE IT RI~OLVED BY THE CITY COUNCIL OF ~ CITY OF DUBUQUE, IOWA: Secflo~ 1. Resclutico No. 216-91 is he.by rescinded. Sectlo~ 2. 'fhat the dedicetion of Wingate Drive and Puensylvania Avenue, tngethor with the ·ns·mc·ts for public ufllille~ as fl~ seine apg·er upa· seid fiuel pla~, be and the same are hereby accepted. Section 3. That the plat of Lots 1 through 8 and Lots B and C of Block I and LOt A of Wingate l~aue and the same is hereby approved and the Idayor and CIty Cicrk am hex~by authorized and d~ted te zueffmn the apWoval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said pu~rty be~ein named, execute thor wilton acuepmnce hereto a~nched ngrening: s. To n~inue all sUe·ts to greda and to hard surface with asphs~ic conerete ~ with concrete paving with integral curb, all in a manner aceeptabin to the City Engineer and in general coofoln~ue with th· approved l~llmiuery plat; b. To imull ~mits~y ·ewer mains and ~wer as~wiue ~ in a manner acceptable to the City Nagineer and in general cm- c. To hmall water ~ and water Sexviue laterals Jn· manner acecptable to the City Engineer' and in gencral ccofconanue d. To insudl stem sewers and catch basins in & mann~ acc~tabin to the City Bnglne~, e. To install canasta sidewalks as ruqal~d by ordinances and whe~ directed by the City fin~inuer and tho City Manager in general co~fommnue with the approved ,redmtna~, plat; f. To install boulevard street lighting in accordance with City specificS·ns and thc aPl~OVed ixellninar-/plat; g. To construct the fccegning tn,4~rove- ments in accordance with plans and spa·i- ftc*ions approved by ti~ City Manager. ander the inspection of the City Engineer, and in a nmaner approved by the City Manngm; h. To construct said iml~ovemants, except aldawalks, prior to two years from the date of acceptance of dds Rceolullan; i. To maintain the foregoing improve- mants for · period of two (2) years from thc date of their acueptanca of this Resolution; j. To inmli tenvpomT cni-da-secs to City specific·ilom at the end of Wingate Drive and maintain it until second accesses from the street arc developed m City standards; k. Toprovide the foregoing construction and malntemmce at the sole expense of the subdivider, ns ownar, c~ future owne~, L That thc final owner of lots install concrete sidewalks to City standards within one year of tbo completion of structure on lot; m. To coordinate all erosion control mansoras and consh-uction in a manner consistent with the aplnovod prellmin~y plaC And fmlhas pt·vialed that James P. Oantz, Jean E, Gant~ John L Gantz, Sr., Rosemary A. Gantz, Daniel A. Cmntz, Linda M. Gantz, Delben Miller, La~y Miller and Kathican Miller ns owners of seid prop·ny, shall 327 Regular Session, August 5, 1991 secu~ purloin, anne of the f~guing conditions provided in ~flon 2 by ~ty M~. ~1~ 4. ~at in ~e event ~e a~ve one h~ ~gh~ days (1~) ~r ~c ~ of ~s Res~u~, ~c ~siom h~f s~ ~fion ~ ~v~ of ~e p~t s~ not ~ eff~ve. of Angns~ 1991. J~ E, B~y May~ M~ A. Davis Ci~ Ci~k ACCE~CE OF R~OL~ON NO. 2~-91 ~, ha~ng ~ ~e ~ ~d ~di~ons of Da~ in Dubuqun, Iowa ~is 13~ ~y of Sep~m~, By: J~s P. G~ By: J~ E. G~ By: Jo~ ]. G~, Sr. By: D~cl A. By: Lt~a M. G~ By: Dd~ G. By: ~ W. ~li~ By: K~t~n S. TO: M~ A. Davis, Ci~ Ourk f~ ~ f~g~ng Res~u~on No, 254-91 h~ Re~infion. Dali at Dubuque, Iowa, this 19th day of September, 1991. W. Kenneth Gearhart Council Member Klunsner moved adc~ tlon of the Resolution. Seconded by Council Member Kfieg. Carried by the following vote: Yem--Mayor Brady, Council Membe~ De(ch, Kluesner, Kdag, Nich~son, Pratt, Vontherg. Nays--None. Communication of City Manager ~luest~ (nE aPl~OVal of thc guidelines of the Community Paflflership Program (cp2) and anthofize its implementation, presented and rend. Council Member Kilng moved that the communicndon be received and filed. Sexonded by Council Member Vontburg. Cnn(ed by the following vote: Yeas---Mayor Brady, Connc'fl Members De(ch, Klansner, Kfieg, NichoIson, Pratt, Voetberg. Nays---None. RESOLUTION NO. 2.~-91 RESOLUTION APPROVING THE IMPLEMENTATION AND ADMIN- ISTRATION OF THE COMMUNITY PARTNERSHIP PROGRAM (cp2) Whereas, under the provisions of Title I of the Housing and Community Develop- ment Act of 1974, as un~nded, the City of Dubuque has received Community Develop- ment Block Grant (CDBG) funds for the development and maintenance of a viable urban community through the provision of decent housing, a suitable living environment and expanded econon~c oppo~unifles for its residents, particuiafly those persons of low and moderate income; and Where~s, the Community Partnership Pro- gram (cp2) was developed in response to thc national goals and objectives of the CDBG program and is designed to encourage, on a local level, new and innovative private and non-profit efforts to improve the livability of the community for all citizens; and Whereas, the City of Dubuque, Iowa, is permitted to expend a maximum of fifteen pereent (15%) of its CDBG entitlement funds on activities such as those earm~ked by the Community Partnership Pro.em (cp2); and Whereas, gu(del(nas for the it~lementa- lion and ndmluist~ation of the Community Partnership Prngmm (cp2) have been devalop~ and inexented before the City Council for consideration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1. That the Community Parmor- ship P~,ram (cp2) Guidelines, as p~onted, em approved and edopInd. Section 2. That the City Manager be and he is hereby anthmlzed to implement and Regular Session, August 5, 1991 328 ndmiuistns tho Community Pasmership gram (cp2) in ancordenun with the ~ and condifi~m of the approved Guidelines. pas~d, approved and adopted this 5th day of August, 1991. Attest: Mary A. Davis City Ciurk Jarnss E Brady Mayor Council Idembur Kflag moved adoption of the Resolution. Se. conded by Council Member Vonil~g, Casded by the following vote: Yens---Mab~ Brady, Council Members Duich, Kluesaer, Kdag, Nichuison, Pratt, Voetber8. Nays--None. Communication of City Managur ~ mending approval of voluntmy annexation of property gonerslly located west of Key West Drive and south of the Table Monnd Mobil~ House Park adjoining tho current city boundaries, presunted and muL Council Membe~ Kluesnur moved that the communi- cation be received and filed. Seconded by Council Member Pratt. Canted by the following vote: Yeas--Mayor Btndy, Council Memburs D~ch, Kluexnur, Kdag, Nicholson, Pratt, Voetburg. Nays--Nons RESOLUTION NO. 25/-91 A RESOLUTION ANNEXING LOT 2 OF LOT I OF LOT 2 OF LOT 4 OF MINERAL LOT 478; LOT 1 OF LOT 4 OF MINBRAL LOT 478; LOT 2 OF LOT 2 OF LOT 4 OF MINBRAL LOT 478; AND LOT 2 OF LOT 1 OF LOT ! OF LOT 2 OF LOT 4 OF MINERAL LOT 478 IN SECTION 12, TABLE MOUND TOWNSHIP, DUBUQUE COUNTY, IOWA Where.~, Mr. and Mrs. Edward Allen and Mr. and Mrs. Louis F. Schmldt, as owners of an men approximately me-half ns~ in size lying imme~ately adjacent to the City of Dubuque, Iowa, have voinntarily petitioned for annexndon of said te~itmy to tim City of Dubuque; und Whereas, Chapter 368 of the Code of Iowa authmizes the extension of dty lin~ts i-~'tuntions of this character by the adoption of a resolution; and Whereas, the future growth and develop- mom of the City of Dubuque, Iowa, mabe it dead-able that said terdtnsy be mede part of the City of Dubequn, Iowa NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 5e~lon 1. That tbe tereitofial limits of the City of Dubuque, Iowa, be and they em hereby extended to include the asea con~dng tho following described real ~ to wit: Lot 2 of Lot I of Lot 2 of Lot 4 of Mineral Lot 478; Lot I of Lot 4 ot' Minorui Lot 478; Lot 2 of Lot 2 of LOt 4 of Minural Lot 478; rout LOt 2 of Lot I of Lot I of LOt 2 of Lot 4 of Mineral LOt 478 in Santion 12, Table Mound Township, Dubuque County, Iowa Tbe InOporty to be annexed is shown on the attsched map marked Exhibit 1, Seeilon 2. That tha tanltoty hereby shah heonrr~ a pa~ of the First Ward, Thit~enth Precinct of the City of Dubaclun, Iowa Passed, approved and adopted this 5th day of August, 1991. Attest: Mary A. Davis City Clerk James E, Brady Mayor Council Member Kluesnur moved adop- tion of tho Resolution. Seconded by Council Membe~ Pratt Can/ed by the following vote: Y~Mayor Brady, Counc'tl Members Deich, Klunsnur, Ye(ag, Nicholson, Pzett, Voctburg. Nays---Noun. Communication of City Manager ~lUeat- lng approval of an addendum to the original preconsmlctlon agreement with the Iowa Department of Translx~afion rui~tlng to the. U.S. 6I project, innsented and read. Council klembe~ Kinesnur moved that the communi- cation be received and filed, Seconded by Council Member Vonthur~. Can(ed by the following vote: yexs---Mayor Brady, CounaH Members Dalch, Kinesner, Kfing, Nicholson, Pra~ Vontberg, Nays--None. RESOLUTION NO. 2~8-91 RESOLUTION APPROVING ADDENDUM TO PRECONSTRUC- TION AGRI~MENT RNLATED TO U.S. HIGHWAY 61 PROJECT WITH THE IOWA DEPARTMENT OF TRANSPORTATION 329 Regular Session, August 5, 1991 Wbumu, the Iowa Daparumat of Tnms- portadco is currently developing and com/zuctlnS relecated U.S. 61 within the City of Dubuque from C~amiview Avcoue no~hedy sad eus~ly ~o ~he U.S. 61 Mississippi give~ b'Ad8·; arid Whoreas. I.D.O.T. Agreement #87-4-210 was previously executed for ~he above project by both ~he City and the Iowa Depa~ment of Treuspo~tlco in 1989; and Wbure~s, us part of ~e project the City of Dubuque is ~.~msible for 8~% of the actual cost for lco~itadthal and outlet storm sewer consm~ctlon, 100~ of the actual cost of local slruet s~tm sewer iustsilatlons, ued 100% of th· uest for roadway lighting co South Locust Sweet and the local s~ruet counectlans between 9th and Ilth Su~ets, NOW, THERE~OP~, BE IT RBSOLVED BY THE CITY COUNCIL ON THE CITY OF DUBUQUB, IOWA: Section 1. That Addendum #91-A-208 to Precoustructlon Agreement #87-4-210 with the Iow· Department of Transportation be approved~ Section 2. That thc Mayor be authorized and directed to execute two (2) copies of this addendum and forward the executed copies to the Iowa DePamuent of Treuspormtlou for their approval. Passed, approved and adopted this 5th day of August, 1991. Jau~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesncr moved adop- tion of the Resolution. Seconded by Council Membur Vcotburg. Carried by thc following vote: Yeas--Mayor Brady, Council Members Deich, Kiuesuer, Kficg, Nicholson, Pres, Vnetburg. Nays--None. RESOLUTION NO, 2~9-91 NOW, THHRI~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having corr~liad with the provislcos of law rnlatlnE to the sale of Cillare~s wi~in the City of Dubuque, Iowa, be ~ranted a permit to sell C~areue, s and Cigum~ Papers within said City. Heartland Inn, Vendors Unlimited, 4025 Dodge Street Super "8" Motel, Vendors Unlimited, 2730 Dodge SUuet Sunnycrest Manor, Vendors Ualimi~..d, 2375 Roosevelt CyCare Plaza, Vend~xs Unlimited, 520 CyCare Plaza Jalico Motor Inn, Vende~s Unlimited, 200 Main Street Dubuque Inn, Veedo~ Unlimited, 3434 Dodge SU-eet Days Inn; Vendors Unlimited, 1111 Dodge Street ' Welcome Center ~Por~de Lounge), Vendors Unlimited, P O Box 3ll5 Ca~no Belie, Vendors Unlimited, 2nd Slruet Harbor Comfofl Inn, V·ndors Unlimited, 4055 Dodge Street Dubuque Greyhound Park, ARA Leisure Servicers, Inc., 1855 Greyhound Park Drive Big "10" Mart, Mole Oil Company, 9th & Central Big "10" Ma~ Molo Oil Company, 2100 J. F. Kennedy Dubuque Oelf and Country Club, 1800 Randall Place Passed, approved and adapted this 5th day of August 1991. Jarues E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adeptlon of the Resolution, Seconded by Council Member Nicholson. Carried by the following vote: Yeas~Mayor Brady. Council Members Deich. Kiuesner. Krieg. Nicholsom Vcotburg. Nays---None. RESOLUTION NO. 260-91 Whereas. appllcallons for Beer Permits have hecn submiUed and filed to this Council for approval and thc same have been cxmu- [ned and approved; ~nd Regular SeSsion, August 5, 1991 330 Whem~s, ~ l~ses ia ~ occupied by such q~lcants ~ ~ ~ f~ ~ ~y ~~of~ ~ NOW, ~, BE ~ ~ BY ~ C~ ~ ~ ~ C~ OF D~U~ lOW~ CLAS~ "B" ~EER PERMIT Donna Ginter, Riveffust (Five Day), Sunday Sales, 3nj St~et, Lot#Il CLASS "C# BEER PERMIT Iowa Oil Company, IOCO Speade Shoppe, Sunday Sales, 1998 Jackson Street iowa Oil Company, IOCO Speede Shoppe, Sunday Saies, 2335 Ualvmaity Mulgrew Oil Co., AMOCO Food Shop, Sunday ~ales, 1450 Loras Passed, approved ned edopted this 5th day of August, 1991. James B. Boniy Mayo~ Attar: Mary A. Davis City Clark Council Member Dnich moved adoption of the Reaohtlon. ~ by Conusfl Member NS·halson, Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kiuesner, Krleg, Nicholson, Pratt, Voatburg. Nays--Noue. RESOLUTION NO. 261-91 Whex~as, applications for Liquor Licenses have buco sub~rdtted to this Couecil for approvd and th· same have been examiued and approved; and Whereas, the prcmisu ~o ho occupied by such applicants wore inspected and foond to comply with the Sate law and all City Onfinances relevant thereto and they have film proper b~nds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That tha Mne~or bu aathofized to canue to be issued th· foilowing named applicants · Liquor Liueus~ CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James R. Bainbridge, Ryan House, Sunday Sales, 1375 locust Street Sharyl Ann Sl~armm, King of Clubs, Sunday Saias, 1902 Central Avenue Pasusd, approved mi adopted this 5th day of Auguet 1991. lames E. Brady Mayor Attust: Mssy A. Davis Council Membur Deich moved adoption of the Rcsolutlom Seconded by Council Membu~ Nicholsen. Carried by th· following vote: Yeus---Meyor Brady, Ceo·cji Members Dnlch, Kiuesner, KrieS, Nicholson, Pratt, Voatbu~E. Nays--None. Printed Council Pmcuedtngs for the months of October 1990, March 1991 and Alnfl 1991 Ineuented for Council approval, presented and reed. Council Member Voether~ moved that th· Preccedinss be approved us printed. Seceded by Council Member Preu. Cm'~l by ~ followth8 vo~: Yeas--Mayor Bredy, Ccoucil Membur~ Daich, Klueseer, Faie~, Nichc~son, ~ Voatbur8. Nays---Non·. MINUTES SUBMITTBD--Airpor t Commission of 7-9; Cable TV Re8ula~y Commission of?-22; Nive Nla8s Commission of 7-15; Historic P~sarvatlc~ Commission of ~-26, ?-10 and 7-17; Hcosin~ Code Appeals Board of ~-18; Human Ri8hts Commission of ~-10; Libr~y Board of Trustees of 6-27, ?-5 & ?-25; Keyline's Comparative Haminss Steam·mt Md Slafisilcs for 41h quarter of Niscal Yuer 1991; Zonin~ Comralssion of %2 & ?-9, preened and ~.ad. Council Member Voatbur~ moved that the miuutes be receivad and filed. Seconded by Council Mumbe~ Pre~ Cmied by tha following vote: Y~ayor Brady, Council Members Daich, Kiuesner, K~ieS, Nicholson, Prat~, Voetbu~. Nays---None. Corra~unica~on of Board of T~s~ees sub- m~Ulng ~ir Fmandal report of the City of Dubuque Ni~ Ret~meut SysU~m for tha ye~ ended ~une 30. l~l, and flmmcial repo~ of tl~ City of Dubuque Police Retie- mere System for the ye.~ eaded ~nee 30, 1991, p~scoted and ~ Con·all Member 331 RegUlar Session, AuguSt 5, 1991 Vcothorg moved that the communication ~ad ~port bo l~aived and filed~ Seconded by Council Member PmtC C~'ied by the followin~ vo~: ycas---Mayc~ Brady, Council Membe~ Deieh, IOueuner, Kriag, Nicholson, l~t~ Vcetherg. Nay~--None~ NOTICE OF CLAIMS/SUITS---Tom und Antiouia Bogas in amount of $995,00 for property damages; Richa~l Bradley in amount of $84.50 for car dam~es; Angels Fulinr-SUeff in amount of $81.09 for vehicle damagas; Marie A. Mcehan in unknown amount for personal injuries; loyce M. Pitz in amount of $1001.46 for vehicle damages; LoRoy & C~rol Rudco in amount of $47,25 for becked-up sewer damages; Sister Eva Marie Lor~heter in amount of $17.00 for ca~ damages; Mr. & M~, Steven W. Sauot, in nmount of $864.39 for vehicle damages; Debbin Albe~t in unknown amount for p~- sonai injuries, p~sented and read. Council Membe~ Vcotberg moved that Ihe claims and suits be refen~d to the Legal Staff for inve~ligafion and t~porc Seconded by Council Member Pratt Carried by the following vote: Yca~---Msyor Brady, Council lviembers DClcl~, Klue~unr, Kriag, Ninholson. Prat~ Vcetherg. Nays--Noun, Communications of Corporelion Counsel advising following claims have been refencd to Crawford & Company, the agent for the Iowa Commuuity Assurance Pool: car damage claim of $oyce A. Baxter, sewer backup claim of Hedley Corporatiun; water main break of Earl and ~oun Ingles; sluvb damage claim of Barry A. Lindahl; c~r dun~ge claim of Kenneth B. Maigrew, presented and read. Council Member Vuntbetg moved that the communications be received and filed. Seconded by Council Member Pratt Carried by thc following vote: Y~Mayor Brady, Council Members Duich. IOuesner. Kfing, Nichclaou, Pratt. Voetberg. Nays---None. Proof of Publication certified to by the Publlshe~ on Notice of Filing of Final Plat and Schedule of Asseesre~nts for coustrec- lion of 1990 Asphalt Paving Project, pro- seined and re~d. Council Member Voetberg moved that tim proof of publication be received and filed. Seconded by Council Member Pratt. Carded by the following Ye~Mayor Brady, Cooncli Members Daich, Kluesner, Fo-lng, Nichclsco. Pratt. Voetberg. Nays--Noun. REFUNDS REQUESTED---LUnny's Avenue Top, Inc., $422.50 on unexpired Liquor License, presented and read. Couecll Member Vunthcrg moved tl~t the refund be approved and Finance Director to issue proper check. Seconded by Council Memb~ Pratt. C~mied by the following vo~: Ye. as--Mayor Brady, Council Members Deich, Kluesner, Kriag, Nicholson, Pratt. Vcotbe. rg. Nays--Noun. Petition of County Board of Sup~visors l~lunsfing ~ suspension for Agnes A. We~innd, presented and p~t, Council Member Vuntberg moved that the petition for tax suspensiou be approved. Seconded by Council Member Pratt. Cra'fled by the following vote: Ycas~Mayor Brady, Council Members Deich, Kluesner, Kring, Nicholsou, Pratt, Voetberg. Nays--None. Communication of Delos l)c~vaiinr submitting comments regarding "Dis- climinaliou to ~sabled and aged'** presented and mad. Council Member Voethorg moved that the communication be recaived and filed. Seconded by Council Member Pratt. Carded by the following vote: Yeas--Mayor Bredy, Council Members Dcich. Klunsunr, Kting, Nicholunn. Pratt, Voetberli. Nays-- None. Communication of Frommclt lndnsttias, Inc. submitting s Notice of Tetmluntion pursuant to tbe Federal Worker Adjustment 'and Retraining Notification Act, presented and reed, Council Mombe~ Vunthorg moved that the communication be received and filed. Seconded by Council Member PretC Canind by tho following vote: yeax~Mayor Brady, Council Members Deich. Kinesunr, Kfing, Nichclsou. Pratt. Voetberg. Nay~ Noun. Communication of Department of Naturel Resources submitting Water Compliance Inspection report for City Water' Plant, presented and read. Council Member Voetberg moved that thc co-nmuuicalion be received and filed. Seconded by Council Member Pratt. Carded by the following vote: yces--Mayor Brady, Council Members Daich, Kinesnor. Kriag, Nicholsou. Pratt. Vectberg. Nays---None. Communication of Slacle Ncldanght~ requesting the addition of "Sexual Orientation Pxcference' into the Dubuque Human Rights Ordinance, presented and read. Council Meml~r Nichuise~ moved that the communication be received and filed and directed that no action be taken al this lime. Seconded by Council Member Daieh. Canted by the following vote: Yeas---Mayor Brady, Council Members Deinh, Klunsner, Krlng, Nicholson. Nays--Council Members Pratt, Voethc~. Regular Session, Aug. ust 5, 1991 332 Council Membe~ Attest: 333 Regular Session, August 19, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Rngdiar Session, August 19, 1991. Council met at 7:30 o'clock p.m.. Public Library Auditorium. Present: Mayor Brady, Council Members Kluesnes, Kriug, Nicholson, Pratt. Vcetberg, City Manngg W. Kenneth Gemburt' Coqoo- ration Counsel Barry A. Lindchl. Absent: Council Member Deich. Mayor Brady read the call and stated this is tho Rugulzr Monthly Meeting of the City Council called for tho purpose to act upon such business which may properly come before the Council. Invocation was given by Msgr, William Looner~L Proof of Publication certified ~o by the Publisher on Nolice of Public Hearing to cons;der reclassifying property located at the Southeast corner of Kaofmann Avenue and Chauey Reed; Communication of Jack Kiefer objecting to ~classification of property at the Southwest corner of the intersection of Kaufmenn Avenue end Chaney Road; Com- munication of Coventry Park Homenwenra ~ugiste~ug concerns about future zoamg changes across from Coventry Park Covent~ Square complexes on Chancy Ro~, between Asbury and l~ufmaun: Petition containing 82 signatures objecting to rezoniug en the Southeast comer of Kaufmann Avenue and Chaney Road, from single-family to high densit~ muliiple-fan~ly usc presented and ~.ad. Council Member Voctherg moved that the proof, communi- cations and petition bo ~eceived and filed. Seconded by Council Member Nicholson. Canied by the following vote: Yeas--Mayor Brady, Council Members Kinescer. Kriug, Nichdison. Pratt. Vootburg. Nays---None. Absent---Council Member Dnich. Council Member Voetberg moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Council Member Pratt. Carried by the following vote: Yeas---Mayor Brady, Council Members Kluesner. Kring, Nicholson, Pratt, Vcetberg. Nays-None. Absent--Council Member DeicK An OMiuenca ssmnding Zoning Ordi- nenen by reclassifying property located at the Southeast comes of Kaufmenn Avenue end Cheney Road fi'om R-I Single-Family Residential DisRict to R-4 Mnifi-Family Residential District, said Ordinance having be~n presented and read at thc Council meeting of Jniy 15. 1991, pre~enmd for final action. Laura Beckes, 2685 Kaufmann. objected to proposed rezoning. Richard Devaney, 2465 Kaufmenn. agreed with Ms. Becker. Ten'y Wainwright. 1788 Loft. objecmd. Cliff Winner, 1077 .Kenfmann. stated specific concerns. Steve Boge, 2365 University, requested rezomug with intent to pot m apartments (including handicapped) and condos. Mary Breen stseeseA that property not be depreciated. (OFFICIAL PUBLICATION) ORDINANCE NO. 63-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA. PROVIDING THAT THE CODE OF ORDI- NANCES. CITY OF DUBUQUE, IOWA. BE AMENDED BY RE- VISING APPENDIX A THEREOI~. ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA. BY RECLASSI- FYING HF2,EINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF KAUFMANN AVENUE AND CHANEY ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-4 MULTI-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE. BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seetlon 1. The Code of Ordinances of the City of Dubuque, Iowa, be an~nded by mvisiug Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify bure/nafter described property f~om R-1 Single-Family Residential District to R-4 Multi-Family Residential Disuict, to wit: Lot A of Cheney Road Sehocl Place in the City of Dubuque and extending to the center lice of the abutting public fight-of-way. Regular Session, August 19, 1991 334 Sectinn 2. The fo~g~ng amendment has horetof~o been reviewed by tho Zoning Comn~ssion of the City of Dubuque, Iowa, Se~ion 3. This Ordinance shall teke effect immedia~ly upon poblicatin~ Passed. Nyptoved and adopted this 19th day of August. 1991. Attest: Maxy A. Davis City Clerk latens B. Brady Mayor Council Member V~etbor~ moved final adoption of the Otdinanec and direoted the City Clerk not to pubBsh until suoh lime as and a Conceptual Plan is approved by both the Zoning Commission and tho City Council. Seconded by Council Member Nicholson. Cerfied by thc following vo~e: Yces--Mayor Brady, Council Mambors Kinesner, galug, Nichclson, Pmt~ Vcethorg. Nays--None. Absent-Coencil Mamber Deich. Proof of Publication ec~ified to by the Publishes on Nolica of Public Heating to reclassify property located in Cable Car Sqvaro =ca from OR to OC clessificalioe, ineuented end r~d. Coundl M~mber Vcetherg moved that the proof of publicafi0~ be received end filed. Seennd~d by Council Mamb~r Prate Cmied by the f~lowing vo~e: Y0as--Mayor Brady, Council Mamber~ Kluesner, Yotug, Nicho~son, Pra~ Ventl~rg. Nays--None. Al~ent--Counctl Member Dnich. An Oniinanca amending Zoning Ordi- nance by ~vising Zoning Ordinance by reclassifying prol~tY in Cable C~ Square Area from OR Office Residential District to OC Office Commercial Disuic~ said O~nanen having I~en presented at the Council meeting of Jniy 15, 1991, preacnted for final a~lion. (OFFICIAL pUBLICATION) ORDINANCE NO. 64-91 AN ORDINANCE OF TI~ CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES. CITY OF DUBUQUE, IOWA, BE AMENDED BY RE- VISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSI- FYING HEREINAFTER DESCRIBED PROPERTY FROM OR OFFIC~ RESIDENTIAL' DISTRICT TO OC OFFICE COMb~RCIAL DISTRICT NOW, THEREFORE. BE IT ORDAINED BY THB CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~inn 1. The Code of Ordinances of the City of Dubuque, Iowa, be amended by revising Appendix A therenf, also known as the Zoning Onliennce of the City of Dubuque, Iowa, to reclassify hercinni~' described property from OR Office Real- dentini Dis~tct to OC Office Commercial District. to wit: City Lot 136; all of City Lot 135; all of City Lot 134; all of City Lot 133; all of City Lot 614; all of City Lot 613; all of Copperhead Place; niI of Evans Place; all of Rink Place; all of Walker Bluff Su~et Place; all of City Lot 610; all of City LOt 609;, all of Hayden Lane Place; the North 20 feet of the North 1/2 of the East 113 feet of the East 128 feet of the Bast 178 feet of the East 228 feet of City LOt 608; the South 22.8 feet of the No~h 1/'2 of the East 113 feet of the East 128 feet of the East 178 feet of the East 228 feet of City Lot 608; Lot 1 of the South 1/2 of the East 113 feet of the East 128 feet of the East 178 feet of the East 228 feet of City Lot 608; Lot 2 of the South 1/2 of the East 113 fent of the East 128 feet of tho East 178 feet of the East 228 feet of the City Lot 608; all of City Lot 132; all of City Lot 131; all of City Lot 130;. all of City LO~ 129; in the City of Dubuqce and extending to the center line of abu~iug public fight-of-way. Section 2. That thc forgoing amendment has heretofo~ been xeviewed by the Zoning Commission of the City of Dubuque, Iowa. Se~lon 3, That this Ordinance shall teke effect immadiamly upon publication. Passed, eppmved and adopted this 19th day of August. 1991. Attest: M~'y A. Davis City Clerk Brady Mayor Published offidnily in the Telegraph Herald ~s Z3~d day of August' 1991. Mary A. Davis City Cie~k It 8/23 335 Regular Session, AuguSt 19, 1991 Council Member Voether~ moved final adoptiml of the Ordinance. Seconded by Council Member Pratt Carded by the following vote: Ye~s~Mayne Brady. Counuil Members Klunaner, Krlog, Ninholson, Pratt, Voutberg, Nays--Nom. Absent--Council Member Deich. Proof of Publication certified to by the Publisher on Notice of Public Hearing to ~.dauify property located at 1705 Delhi Sti~net from OS to C-2 DisUict, presented and read. Council Member Pratt moved that tho ploof of publicatiun be received and filod, Seconded by Crsmcfl Member Vcetbe~li. Carried by the following vote: Yeas--Mayor Brady, Council Members Kinesner, Krleg, Nicholson, Pratt, Vnetberg. Nays--Noun. Absent--Counnil Member Deinh. An Ordinance amenc~ng Zoning Ordi- nance by ~r~ol~sifying property located at 1705 Delhi Street from OS Office Service Dis~cl to C-2 Neighborhood Shopping Canter District. said Ordinance given the first ~ading on July 15, 1991, presented for Donald Klaner, owner of proper, y, re- quasted rezoning. Glenn Lickti and Pastor George Banman, Hely Trinity Lutheran Church, opposing rezoning ruqneal. Andrsa Scott, owner of the Day Care Center at 1739 & 1797 Delhi, stressed spe~fics of tho proposed semning. Coundl Member Klnesner moved that the public bearing be adjourned tmfil interin the meeting. Seconded b~ Council Member Pratt Canied by the following vote: Y~ayor Brady, Council Memben KlUesner, Kaing, Nicholsou, Pratt, Vnetberg. Nays--None, Absent--Coundl Member Deich. Following shoti delay - Council Member Klnesner moved that the public hearing be reconvened. Seconded by Council Member Pratt. Carried by tho following vote: Yans~Mayor Brady, Council Membe~ Klnesner, Kring, Nichoison, Pratt, Vcetherg. Nays--None. Absent---CounaH Member Deich. (OFFICIAL PUBLICATION) ORDINANCE NO. 65-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY VISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSI- FYING HEREINAFI'ER DESCRIBED PROPERTY LOCATED AT 1705 DELHI FROM OS OFFICE SERVICE DISTRICT TO C-2 HEIGHEOR- HOOD SHOPPING CENTER DISTRICT, WITH CONDITIONS NOW, TI~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sedlon 1. The Code of Ordiunnnes of the City of Dubuque, Iowa, be amended by sevising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to ~classffy hereinafter described property from OS Office Service Dis~ct to C-2 Nnighbo~hund Shopping Center Dis~ct, with conditions, to wit: Lot I of Lot 6 of Lot 12 of Mineral Lot 172, LOt 2 of LOt 6 of LOt 12 of Mineral Lot 172, Lot I of LOt 1 of Lot 1 of Rigi Subdivision, all in the City of Dubuque, Iowa and extending to the center line of tho abutting public right- of-way. Set, inn 2. That tho forgoing amcedmout hu hamtofom b~n ~vinwed by the Zoning Commission of the City of Dubuque, Iowa. Section 3. That this O~dinence shall take effect immediately upon publication. Pasaed, approved and adopted this I9th day of August, 1991. James E: Brady Mayor Attest: Ma~y A. Davis City Clerk Published officially in the Telegraph Herald this 23~1 day of Angust, 1991. Ma~ A. Davis City Clerk It 8]23 Council Member Pratt moved that this be conside~d the second ~nding of the Ordi- unnce, and that the xcquirement that n propo~d Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted by suspended and further moved final adoption of the Ordinance, as amended. Seconded by Council Member Vcetberg. Canied by the following vote: Yeas---Mayor Bnuiy, Conncll Members Kluesner, Kring, Ninholson, Pratt, Voutburg. Nays---None. Absont=-Counnil Member Deich. Regular Session, AuguSt 19, 1991 336 Proof of Publication certified te by tho Publisbe~ on Notice of Public He. ering to vacate a 30 foot wide pmlion of Villa Street and dispose of said pmpe~y to fildon & Ellen Newt and Rinhuni H~mig, ps~sonted and mad, Tbe~ ~ no vaiUon ob~eotione tecnived and no oral objnetms lausont at the limo of the hearing. Council Membur Klnesner moved that the proof of publian~on be ~eneivnd *md filed. Sec~aded by Conrail Member Pratt. Carded by the following vote: Yeas---Mayor Brady, Council Memben Khnener, Yaing; Ninhdson, Pst, Vnetbe~. Nays---None. Absont--C_~onaH Member Doich, An Ordinance vacating a 30 feat wide po~ion of Villa Sue. et known as LOt 2lA and Lot 24A of Levits Addition, said Ordinance having been presented at the Council mneting of August 5, 1991, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 66.91 ORDINANCE VACATING A 30 FOOT WIDE PORTION OF VILLA STREET Whereas, Riohard L Ha~rig and Eldon F. & Ellen M. Newt have requested tho vacat- ing of a 30 font wi. da partion of Villa Sunet from its sontbem tm~inne noah to tim noxiherly line of Lovi*s Addition; and Whereas, liW Enginners & Su~eyors, P.C. has propated and subndUed to tho City Council a plat showing the v~w~aed potion of Villa Sutet in Levi's Addition and assigned lot numbe~ thereto, which ber&nefter shall be known and described as LOt 2lA and Lot 24A of Lovi's Addition, in the City of Dubuqne, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this potion of Villa SUnet is no longer n~lrdred for public use, except for utility easements as noted, and vacating of said portions of Villa SUeet known as Lot 2lA & 24A of Levi's Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THERI~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate dezeribed as Lot 2lA & 24A of Lovi's Additlou in the City of Dubuque, lows, be and tho same is hex~by vacated. ~n:tinn 2. The City of Dubuque reserves unto itsdf a peqx~tual easemant iml~ng ~e ~ht ~ ~g~s ~ e~s ~, f~ ~e ~ of ~, ins~, mm~c~g, ~s~g, ~, ow~, ~g, ~d ~n~g w~, ~w~, ~mge, g~, ~l~ho~, tv. ~le, ~ el~c llms ~ ~y ~ au~ by ~e ~ of Debuq~, Passed, approved and ndopted this 19th day of August, 1991. Jan~s E. Brady Mayor Attest: May A. Davis City Clerk Published offidaHy in the Telegraph Herald this 2:3rd day of August, 1991, May A. Davis City Clerk It 8]23 Council Member Klnesner moved final adoption of the Ordinunne. Seconded by Council Member Pratt. Canted by the following vote: Yeas---Mayor Brady, Council Members Klunsner, Krleg, Nicbulson, Pra~ Voetberg. Nays--None. Absent--Council Member Deice RK~OLUTION NO. 262-91 Wbet~s, persenet to Ineointion and published notice of time and place of h~ng, pu~shM in ~o ~ a ne~r of gun~ ~aHon pu~s~ in ~e ~ of Dub~, low~ ~ 1~ ~y ofA~ 1~1, ~e Ci~ Co~cfi of &e ~W of Du~, low& ~t ~ ~ 19~ ~y of Ang~ 1~1, ~ 7:30 p.~ in ~ Pu~c Du~q~, Dubuq~ C~n~, low~ ~ ~id~ ~ ~s~ f~ ~e s~e of ~ Lot 2lA of Levi's Addition in the City of Dubuque, Iowa, to Richard $, Hartig and Lot 24A of Levi's Add/t/on in the City of Dubuque, Iowa to l~don F. & F~len M. NewC Whereas, the City Council of the City of Dubuqne, Iowa. ovenuled uny and aH objections, oral or writtea, to the proposal to dispene of intreat of the City of Dubuque, Iowa. except for easen'~nts as noted, in the heminabove described ~ e~tete to the Dul~lue Bank and Trust Company, NOW, THERI~oRE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 3~7 Regular Session, August 19, 1991 Section L That the disposal of the interest of thc City of Dubuque, Dubuque County, Iowa, in real ~ dcseribed as Lot 2lA of Levi*s Ad~tiun in the City of Dubuqco, iowa, to Richard I. Herfig I~ wad the sarm is hereby alyproved for the sum of $844.00 plus cost of pla~ng and one half of the publicaliun and filing fees; conveyance shall be by Quit Cialm Deed; and real ly~ope~y dasc~bud ss Lot 24A of Levi's Add~fiun in the City of Dubuque, Iowa, to Eldun F. & Ellen M. Newt be and thc same is hereby approved for tho sum of $458.00 pins the cost of uno half tho publicatiun and filing fees; conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque rese~es unto itself a perpetual esscmcot including tho right of ingress and egress thereto, for the purest of ct~c~tlng, installing, construction, reconstrecting, mpnifing, owning, operating, and maintaining water, sewer, drainage, gas, tel~phonc, tv cable, and elec~rlc lines as may be anthorized by the City of Dubuqco, Iowa. Section 3. That tho Mayor be anthorized and directed to execute a Quit Claim Deed, and the City Cierk be and is bemby autho- rized and ditected to deliver said deed of conveyance to thn above named grantees open receipt Of the purchase price in £uil. Section 4. That the City Clerk be and is h~by autherlzed and directed to record n cc~fied copy of this resolutiun in the office of thc City Assessor, Dubuque County corder and the Dubuque County Tl~tsercr. Passed, approved and adopted this 19th day of August, 1991. Sam~s E. Brady Mayor A~tnst: Ma~y A, Davis City Clerk Council Member Kincsnor moved adop- tion of the Reanlution. Seconded by Council Member Prate Carried by the following vote: Yess---Mayor Brady, Council Members Kluesner, Falng, Nichelson, Prat~ Vootberg. Nays--Hunt. Absunt---Couned Member Delch. Proof of Publication certified to by the Publisher un Notice of Public Hearing on Hans and Specificatiuns for the cleaning, repairing and painting of tho 500 MG Eagle Point Water Storage Tank, presented and read. Them were no written objectiuns received and no oral objecters present at tim tirm: of tho hearing. Council Member Klecsner moved that the proof of publication bu received and filed. Seconded by Council Memb~ Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Memburs Kluesner, Kring, Nichelson, Pralt, Voetburg. Nays~Nune. Abecnt--Council Member Dnich. RESOLUTION NO. 263-91 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Wherea~, on the llth day of Sune, 1991, pl~, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, low~, for the cleaning, repairing and painting 500 MG Eagle Point Water Tower, and Whereas, notice of hearing un plans, specifications, form of contract and estimated cost was published ss required by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the said plans, specifications, fern of contract and estimated cost are hereby approved as the plans, specifications, form of cuntract and estimated cost for said improvements for said projecL Passed, approved and adopted this 19th day of Angust, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Klcosner moved edop- tiun of the Resolution. Seconded by Council Membur Vcotherg. Carded by the following vote: Yeas--Mayor Br0dy, Council Mcmbers Kineaner, Kfieg, Nichuisun, Pratt, Voetherg. Nays---None. Absent--Council Member Dcich. Proof of Publication certified to by the Publisher on Notice to Bidders for the receipt of bids for project and communi- cation of City Manager recommending to award contract for the rubabilitalion of the Eagle Point Water Tower, peescoted and read. Council Member Kbieaner moved that tho pwof and communication be recuived and fried. Seconded by Council Member Vor~berg. Carried by ~e following vote: Yans~-Mayor Brady, Council Members Klecaner, Kdng, Niubolsun, Pra~ Vootburg. Nays~Nune. Absunt---Council Member Duich. Regular Session, RF_~OLUT1ON NO. 264-91 AWARDING CONTRACT Wbe~ns, sealed peopmuis have been sui~mit~d by contractors far thc clcouiag, repair and painting 500 MO Eagle Print Water Tower pu~uant to Rnsdutiun No. 192-91 and noliec to bidders published in a newspaper in tho C~ty of Dubuque, lowa, on the 12th day of luiy, 1991; and Whereas, said sealed propu~uis we~ opened and mui un the 30th day of July, 1991, and it has been datonuined tha~ tho bid of Tenyor Coatings of Badger, Minr, nsote, in the amount of $244,600 was the lowect bid for the furuisbings of all labor and materials and performing the wo~k ns provided for in the plans ami specifications, NOW, THERBFORE, BE IT RESOLVED BY THB CITY COUNCIL OF THB CITY OF DUBUQUE, IOWA: Section 1. That the contract for the above improvement be awarded to Tunynr Cuntings and thn City Manger be and is hereby directed to nxecute a contract un behalf of thn City of Dubuqco for tho complete performanor of the wo~k. Seeitoa 2. That upun the signing of mid contract and the nPl~OVal of the cunuanto~*s bead, the City Treasurer is autbo~zed and instruoted to nstora the bid dopoalts of tho unsuece~sfui bidders, Passed, approved and adopted this 19th day of August, 1991. James lg Brady Mayor Attest: Mary A. Davis City Cierk Council Member Kluesner moved edop- finn of the Resolution. Seconded by Council Member Vcetberg. Canied by the following vote: Yang---Mayor Brady, Council Memb~s Kbinsne~, Krlng, Nichelson, Pratg Veetherg. Nays---None. Ah~nt---Counell Member Delch. Communication of Zoning Comn-dssion advising of their apln'oval to mzune property at 3~0 West 5th Sm~et, presented and reed. Council Member Vootherg moved that the communication be received and filed. Seconded by Coanuil Member Nicholsun. Conied by the following vote: Yeas---Mayor Brady, Council Mambers Kbinsner, Krlng, Nichuison, Prat~ Vcothe~. Nays--None. Absunt.--Cunnell Mambor Duich. August 19, 1991 338 An Ordinance ~un~nd/ng Zoning Ordi- annco by reoinssifying peoperty located at 330 West 5~ S~ ~m OR Offi~ R~i- danR~ ~s~ct m C~ Do~mwn C~r- d~ ~s~ ~n~ ~d ~ ~u~ M~ V~t~ ~v~ ~t ~ ~ ~- ~d~ &e ~t ~ of &e ~n~, ~d ~at ~ ~t ~ a ~ ~ ~ ~ngde~ ~ vo~ on f~ ~fing ~ w~ it is m ~ fln~y ~ ~ sus~nd~ ~ f~er ~v~ ~t a pu~c h~ng ~ hdd ~ ~e ~ Or~n~ un ~e 3~ ~y of Sep~m~r, 199L at 7:30 p.m in ~e ~c ~br~ A~um ~ ~t &e ~ ~e~ publ~h noR~ in ~e ~n~ ~fi~ by law. ~nd~ by Co~cR Mem~ Nichol~n. C~ by ~e foRo~ng v~: Y~May~ B~y, C~n~ Mem~m ~s~r, Kfieg, Nichol~n, ~ V~t~g. Nays~Noue. Ab~nt~n~ Mgm~ ~ich. Communication of Zoning Commission advising of their approval that projecting sigm with a maximum 40 inche~ pwjection be allowed on Bed and Bre. akfa~t Inns in the R-3, R-4, nC and OR Di~icts only, pm- sontod and read. Council Member Voetburg moved that the communlcatiun be received and filed. Seconded by Cunncli Member Nicholmn. Canled by the following vote: Yeas---Mayor Brady, Council Members Klecsner, Kdng, Nichelsun, Pratt, Voetburg. Nay~None. Ab~ent---Counell Member Duich. An Ordinance amending Zoning Ordinance by Iopanling tho present xequinsmunts and adopting in lice thereof now Sections 3-1.4(D)(I)(D), 3-1.5(D)(2Xd), 3-2.1(D)(2Xd), 3-2.3(D)(2)(d) to allow projecting signs un Bed and Breakfast Inns, p~sunted and ~wed. Council Member Vcotberg moved that this bu considered the first reading of the Ordinance, and that thn ruqnh~cment that a proposed Ordinance be considered and voted un for pnssnge at two Council me~ting~ lnlor to the meeting at which it is to be fianlly adopted be suspended and further moved that n public hearing be held un the proposed O~dinunco on the 3rd day of September, 1991, ~t 7:30 p.m. in the Pnblic Library Audiur~ium and that the City Cierk publish notice in tho manner p~seribud by law. Seconded by Council Member Nicholsun. Carried by the following vote: Yean~Mayor Bredy, Council Members Kluesner, Kring, Nichuisun, P~t~ Vcetberg. Nays--Nune. Absunt--Councll Ivinmber Deich. Communication of City Manager subn~t- ting decum~nts pmvidlng for the Rockdele Regular SesSion, August 19, 1991 340 339 Regular Session, August 19, 1991 Road Sidewalk Improvements Project, I~,sented and read. Council Member Folng moved that the communication be recciw and filed. Seconded by Council Member PratL Cnnied by ~be following vole: Yens~Mayor Brady, Council Member~ Klneaner, 1G-lng, Nicholsun, Pratt, Vnetbs~g. Nays--None. Absent--Coanell Member Dulch. RESOLUTION NO. 26~-91 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, sl~cificafious, form of contract and astlmated cost for the Rockdsie Road Sidewalk Impwven~nts, in the estimated an~ant of $63,634.61, are hereby approved and ordered fi]ed in the office of the City Clerk for public inspection. Passed, adopted and approved this 19th day of August, 1991. James E. Brady Mayor Attest: Mery A. Davis City Clerk Coancll Member K~ieg moved edoption of the Resolution. Seconded by Council Member Pratt. Can'ied by tbe following vo~e: Yeas--Mayor Brady, Council Members Khinsner, Kteg, Nicholson, Pratt, Voetberg. Nays--None. Absent---Council Member Dnich. RESOLUTION NO. 266-91 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Wbe~, the City CoUncil of the City of Dubuque, Iowa, has given its prelimianty approval on the proposed plans, specifications, and form of contract and placed same on Rle in the office of the City Clerk for public inspection of the Rockdele Road Sidewalk Improvements. NOW, THEREFORE, BE IT RESOLVED SY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 16th day of September, 1991, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or ngelnst the proposed plans and speelfi- cations, form of cooffact and ~ost of said imlrovement, and the City Clerk be and is hereby directed m cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor mo~ than twenty days prior to the day fixed for its constderalien. At the hearing, any interes~l perann may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, ad°P~ed and approved this 19th day of Angnst, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kfing moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by thc following vote: Yeas--Mayor Brady, Council Members Kluesner, Ktieg, Nicholsun, Pratt, Voetherg. Nays--None; Absunt---Councll Member Delch. RESOLUTION NO. 267-91 RESOLUTION OF NECESSITY Whereas, proNosed plans have been dely prepared and approved by thc City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of conuuct~ estimated cost and l~ellntina~y plat and schedule showing thc amount proposed to be assessed against ench lot and thc velanlien of each lot as filed by the City Council, for the Rockdale Road Sidewalk lmprovcrecnts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary foc the public welfare to make the herein mentioned improvements, and unless property owners at thc time of thc final consideration of this proposed Reso- lution have on file with thc City Clerk objections to the Resoluflm of Necessity, they shall be deemed to have waived ail objectioos peflaiulng to the regulatty of the pruceeding and the legality of using the special asse~smant p~ocedure. Said in~rovements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on rite with the City Cleric That the co~t and expense of making such h,~,vvement will be assessed papally or totally a~ainst lwtvately owned propox~y lying with the maessmant llngts, and in an amount not to exceed that Pro- vided by law, and in prOl~un to the The portiun of the cost which shall be borne by the City will be paid from the Sunet Cemm~tiun Fund, and epncinl assessment bonds may be issued in antici- pation of dafen~d payments of msnssments when a conduct has been po~folmed and accepted, and the proceeds thereof used to pay the conUuctor. The above Rns~utiun was introduced, approved and ecdared pluced m file with the City Clerk this 19th day of August, 1991. Approved and l~nced on file for final action. James E. Brady Mayor Attest: Mazy A. Davis City Clerk Council Member IG-ing moved adoption of the Resolution. Seconded by Council Member Pratt. Cmied by tho following vote: Yens--Mayor Brady, Council Members Klnesnc~, I~ng, Nicholson, Pnm+ Vnetberg. Nays--None. Absunt=-Counell Member Deich. RESOLUTION NO. ~68-91 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Wbex~as. the City Coundl of the City of Dubuqne, Iowa, has given its Prellminm3' approval oo the prolx~ed plans, epecl- fications and form of cuntrnct and placed ssn~ on file in the office of the City Clerk for public inspeclion, for the Rec~Me Roud Sidewalk 1,11pcovern~nts; and Wbe~, the Praposed Resolution of Necessity for said improveraent has been intmduoed and is now on ~ in the City Clerk's office for public inspection. NOW, TI~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 16th day of September, 1991, a public hearing will be hdd at 7:30 o'clock p.m. in the Public Lllxasy Au&tmium in the City of Dubuque at which time the owns~s of ~ subject to assessment fns the p,~oscd h,l~ovement or any other pesson having an interest in lbo matter nmy appear and bo hencd for or ngalmt the making of the improvement' tho boundaries of the dtslrict~ the oust, the assessment ngninst any lot, or the finsl adoption of a Resointion of Necessity and the City Cierk be and is hereby authorized and div~ted to cause a notice of time and place of such heating to be pablished in a newspaper having general elrcolatiun in the City of Dubuque. Iowa, which notica shall be published once each week for two comecutivn weeks, the first publication of which shall be not less than ten days l~/c~ to the day fixed for irs consideratien. Unlnss property owners at the lime of the linsl ~emtde~ratiun of this Proposed Re~lutio~ have ou file with the City Cie~k objections to the Res~ulion of Necessity they shall bo deemed to have waived all objections thereto. Passed, adopted and approved this 19th day of Augnst~ 1991. lamcs~B~y M~or Attest: Mat,/A. l~tvis City Clerk Counc/l Member I~ng moved adoption of the Resolution. Set, reded by Council Member PretC Cnrried by the following vo~z: Yens~Mayor Brady, Council Members Xinesner, K.,ing, Nicholsun, Prat~ Voetberg. Nays---None. Absent---Cunneli Member Deich. RESOLUTION NO. 269-91 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUI~ IOWA: That the attached sheets are be~by determined to be the schedule of proposed nsseasments fec the Rockdule Road Sidewelk Improvements and the valuati(ms set out herein m'e he. by Passed, ~oved md edopted this 19th day of August, 1991. James E. Brady Mayor Attest: M~y A. Davis City Cimk 341 Regular Session, August 19, 1991 Council Member Vaing moved adoption of the Resolution. Sexo~ded by Council Member Pret~ Carried by the followin8 vo~: Yeas Mayor Beefy, Council Members Klnesnes, Kdng, Nichulson, Pratt, Vcotber~. Nays--None. Absent--Council Member Doich. Communication of City Manager submit- ting docamen~s providing for the bidding process for the Transit Geragc Shop Floor Reldacarnent Project, presented end read. Council Member Voctbes8 moved that the communicatiion be ivxcived and filed. Seconded by Council Member Nicholson. Ca~ried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kdag, Nicholson, Pratt, Voetber8. Nays--None. Abscnt--Cconcll Member Deice RESOLUTION NO. 270-91 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RESOLVED BY TIEE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Keyllne Transit Facility Shop Fleer Replace- ment, in the estimated amount of $42,766.00, em hereby approved and ordered filed in the offica of tho City Clerk for public inspection. Passed, adopted and approved this 19th day of Aagnst, 1991. Attest: Ma~y A. Davis City Clerk Jarn~s E, Brady Muyor Council Member Voetberg moved adop- tion of the Resolution, Seconded by Council Member Nichol~on. Carried by the following vote: yeas---Mayor BrMy, Counoll Members Klunsnes, Kfiag, Nichulson, Pratt, Voctberg. Nays---None. Absent---Coun~l Member Deich. RESOLUTION NO. 271-91 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whitman, tho City Council of the City of Dubuque, Iowa, has given its prelimimuy app~ovai on the proposed plans, specifica- tions, snd form of coatract and placed same on ~e in tho office of the City Cie~c for public inspection of the Keyline Transit Facility Shop Floor Replacement. NOW, THEREFORE, BE IT RESOLVED 3Y THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: TI~ on the 16th day of Soptember, 1991, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium at which time internsted preens may appear and be heard for or against the proposed plans and specifi- cations, form of comrsot and cost of said irnl~oven~ut, and the City Clerk be and is hereby directed to cause a notice of ~ime and place of such headng te be published in a newspaper having general ci~culedon in the City of Dubuque, Iowa, which notice skil be not less than four days nor more than twenty days prior to the day fixed fo~ its conaide~ation. At the hearing, any interested plans, specifications, contsact, or estimated cost of the improvement. Paesed, adopted and approved this 19th day of August, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voet~rg moved adop~ fionof the Resolulion, Seconded by Council Member Nicholsun. Carried by the following vote: yeas--Mayor Bredy, Council Members Klnesns~, Vaing, Nicholson, Pratt, Vcotberg. Nays~None. Absent--Council Member Daich. RESOLUTION NO. 272-91 ORDERING BIDS NOW, THEREFORE, BE IT RESOLVED COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tbe Kcyllue Transit Facility Shop Floor Replacement is hereby o~ie~l to be utvertiscd for b/ds for consUnofion, 'BE IT FURTHER RESOLVED, thai the amount of the security to accomt~ny each Md shall be in an amount which shall conform to the provisions of thc notice to bidders hereby approved ~s a pa~ of thc plans and specifications heretofore adopted. That the City Clesk is hereby directed to advertise for bids for the consm~tion of thc improvements heroin provided, to be pub- llshed in a newspa~ having gcoe~l ~h'cu- lation in the City of Dubuque, Iowa, which notice shall not be less than four days nor .y days prior to the receipt of Regular Session, August 19, 1991 342 scid hide at 2:00 p.m. co rise 5th day of Sq~mhns, 1991. B~ s~ ~ ~ ~ ~ by~ ~ ~d ~ ~ at 7:30 ~ ~ ~ 16~/y of ~, 1~1. Pnssed, adopted und approved this 19th day of August, 1991. At,est: Mary A. Davis City CI~ lanz~ lt. Bady Mayor Council Member Vcotberg moved edop- tion of the Resolution. Secoadad by Council Memlng Niulmlsem~ Cwaind by the following vote: Ycas~Mey~ Brady, Council Members Klnesnns, Kfing, Nichdson, Pra~, Vcotbe~. Nays-None. Absent-Council Member Deich. Council Member Kfiag left thc Counefl Chambers before discussiun on the following item. Petition of Dubuque Area Chamber of Cormnesce, through the Convention and Visitors Bmeau reqneedng City Council hold a referendum at the general ulectiun scheduled for November 5, 1991, to mncad the hotel/motel tax from 5% to 7%; petition of Waitns Pmgins seqnesting Council to give serious eonsidan~on regarding tbe alloc~ion of eddttionsl monins to ho n~eived from this increase and counnontcation of City Man- ager sebniutng b~k~onnd infommtion regnsdiag above ~equest, presented and ~d. Council Member Voethns~ moved that the petitions and communie~lon be tt~eived and filed. Seconded by Cornel Member Nicholson. Canted by the following vo~: Yens~M&yor Brady, Cmmcll Members Klneane~, Nicholson, Prat~ Vcotberg. Nays~Non~. Al~cot---Council Member Jony ~, Pte~hiant of the Cinsion ties. lohn Hulkemeyer stated they need asstnm~e tbet monies no~ be nllocated from tonsism. Stove Hnnnun endorsed what Mr. H~kem~yor said. Council Meml~r Voell~'8 moved to table the Resolution n~lnesting the Ceom-dsaioner of Elections in and for Dubuque County, Iowa, to ~ upon the bnllot fne the Genesal Electiun to be held on November 5, 1991, thc qunstion of whether the rate of the ho~ and motel t~x for tho City of Dubuqun should be incensed from five percent (5%) to seven pe~unt (7%) effective Iaunery 1, 1991. ~ by Counoll Member Pratt. Canied by tho following vote: Yens---Ma:tx~ Bnuiy, Council Members Klansner, Nicholsun, Pratt, V~ethe~. Nays--None. Abscnt--Conncil Ivkmber D~ch, l~iag. Council Mernbe~ Kfing x~ntexed the Council Chamb~s. Petition containing 33~6 signatures of oitiz~ns who oppose fiseanu hunting in the Mines of Spein, pre~nted and reed. Council Member Vcotber~ moved th~ tbe petition ho nx~-ived and filed. Seconded by Council Member ~ Carrind by ~ following vo~: Y~yor Brady, Comwa Memin.ns Klunsn~, l~iag, Prat, Voe~ne~. Nays-- Council Member Ntcholson. Absent-- Council Membes Deich. Bob Woodward, Jr. spoke to the Nefilion, reqnesting adoption of the Resulution. Jcny Enzlcr, 1919 Simpsoa, s~ated opposition to gun shooting in the arc~ Donna Smith, 1827 Keyway, stated goiag on recoed ns support- ing the Resolution and contents. RESOLUTION NO. 273-91 MINES OF SPAIN RESOLUTION Whereas the Mines of Spain contains much of tho rich culmrai and natunl berit~e of Dubuque]and; and Whercas the northern boueda~ of the Mires of Slain is the s~them houed&'y of ~e ~ of Du~, ~d ~ ~m ~ of ~ ~ ~ S~n ~es ~j~nt ~ ~e ~ ~s~s~ ~ver i~a~y ~u~ of Du~q~ f~ a ~s~ of ~ut 2 1~ ~; ~d Whe~as the oti~inai nsqutsifim of the Mines of Spain was made possible in pa~ ns a result of the philanthropy of Herman and Mescolle Lott, former Dubeqne. land residents who owned the land, nad by Federal and State tax monies cemiag from general tax funding ~eeived flora all citizens; and Wbereas it was thc odgiunl stated inten- tlon of the Lorn tbut the Mium of Spain not be open to firearm hunting, and it was the original daclan~d commitment of the then- Iowa Conse~rvetlon Commission (now the Dctmrtment of Nateml Resomces) that after acquisition of the ~ of Spain no faeanns hunting would be pem~tted anywhere and at anytimo in tho umito~; and Wbezeas the vast majority of dtizcos of nor&cast Iowa oppcae fitr..azm hunting in the 343 Regular Session, August 19, 1991 Mines of Spain and 3,400 signed a petition to that effect within a 14 day period; and Whereas the overwhulr~ng and strongly- held coonultm~nt of the residents of Not, h- east lows, and in particular the City of Dubuque, that the Mines of Spain NOT be opened to firearm hunting now or in tho future, a belief held by a wide cross-section of citizens, inchi~fing hunters, non-hantess, the young, tho elderly and iodividiuds of aH politicci persuasion. NOW TI~REFORE IT IS PRO- CLAIMED AND RESOLVED that the City of Dubuque, by and through its duly-elected City Council representatives, does hereby exprees in the fullest and strongest way possible its support for preserving the existing safe access and usage of the Minos of Spain at all times by all dtizens, and dces hereby OPPOSE introducing firearms hunting into the Mines of Spain. The Dubuque City Council tekes this OplX~Uulty to exprces its commitment to preserving the Mines of Spain in order to fulfdl the miginul stated intentions of the Iowa Conservation Commission and the Lott family, and to preserve and protect the ecosystem sod natural habitat of the Mines of Spain in keeping with the overwhelming sentiments of ull of the citizens who caw for end wish to preserve this beautiful sod invsluable ~ the Mines of Sl~n. Dated at Dubuque, Iowa, this 19th of August, 1991. CITY OF DUBUQUE, IOWA By: M lames E. Brady Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Pratt Carried by thc following vote: Yeas--Mayor Brady, Council Members Kluesner, Kfieg, Pratt, Voetborg. Nays--Council Member Nicholson. Absent-.Council Member l~ich. Corcaundication of City Manager l~lUeSt- ing approval of an Ordinance establishing the .new precincts for the City of Dubuque and communication of Denise Dcian expressing concerns regarding polling places. presented sod zend. Council Member Vontberg moved that the communication be received and tiled. Seconded by Council Member Pratt Carried by the following vote: Yeas---Mayor Brady, Council Members Kluesnes, Kfing, Nicholson, Pratt, Vontbe~g. Nays -Nune. Absent--Conncil Member Dulch. An Or~nsoce repealing Section 17 of the Code of Ordinances and enacting n new Section 17 "Elections" establishing boundary lines for four (4) wards and 22 precincts, presented and (OFFICIAL PUBLICATION) ORDINANCE NO. 67-91 AN ORDINANCE AMENDING THE CITY OF DUBUQUE, IOWA, CODE OF ORDINANCES BY REPEALING CHAVfER 17, ELECTIONS, AND ADOPTING IN LIEU THEREOF A NEW CHAPTER 17, ELECTIONS, ESTABLISHING BOUNDARIES FOR FOUR (4) WARDS AND TWENTY- TWO (22) PRECINCTS NOW, THERI~ORE, BE IT ORDAINBD BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 17 of the City of Dubuque Code of O~inances is hereby Section % A new Chapter 17 of the City of Dubuque Code of Ordinances, attached hereto sod incotporetcd herein, is hereby Section 3. This ordinance shall rake effect immediately upon publication as provided by law. Passed, approved and adopted this 19th day of August, 1991. Jar~s E. Brady Mayor Attest: Mary A. Davis City Clerk ARTICLE I. IN GENERAL Section 17-1. Definitions sod rules of For the proposes of this chapter, unless thc context otherwise requires, the following dnfiultioos and rule~ of construction shall be applied: Points of the compass are approximate unless othenvise stated. All names, boundaries, lines, features and fixtures are to be construed as they existed on the effective date of this chapter. Annexed territory rneans territory annexed to tho City after the effective date of this chapter. Regular Session, August 19, 1991 344 City includes aH t~itory witi'dn lbo cmpotate lir~ and aH somxed tenitadns. Commissioner of elections rnem~ fao county auditor of Dubuque County. Corgora~ lim~ me~s the cmpomte limits of tho City on the nffsoilve date of this chapter. Conpomte litoiis do not embeson the annexed lenitodns. Peosta Channel nunms the water way between the major poraoso of the City of Dubuque and the island known as Chaplain Schmitt Island. Street or slrcilar language means the onnler line of the fight-of-way, and a smtight extonalo~ of that center line~ Secilon 17-2. Conecilon of emxs. (a) Correction of errors. If this chapter :~ fails to plsoe any part of the cl~ within a precinct or ward established by this chafer, the onmn~isslones of elections shall assign the omitted area to so adjacent prsoinc~ or ward within the sam~ legislative dis~icL If this chapter places any pe~ of the city in mow than one im~thct or ward established by this chap~r, the comn-dssiuner of ulec- ilons shall assign that tunlto~y to so adjacent precinct or vnmi widtin the proper lngisiativn district Tho commissione~ of ulsolions may also correct obvious nlurlcul ertoes in this chapter. (b) Annexation of territory. When tenitory is annexed to thn city, the city council may auach all or soy pan of the sonexed tentUny to soy established peseiunt or pr~ctunts which aw cuntiguone to th~ annexed tenitory; however, this subsection shall not Imahibit establishment of one or mo~ new precincts in the annexed tmitory. Sections 17-3 - 17-15, Rnser~od. ARTICLE 1L PRECINCTS Section 17-16. City &vidad into twenty- two precincts. Thn city hawby is divided into twenty- two (22) preciunts as desefibud in this auicle. Section 17-17. Fhst p~cinct. The First Precinct shall consist of that po~ion of the city bounded by n linu commencing at tho point the east corporate limite intersect Dodge Sheet sod U.S. Highway 20 at the Julien Dubuqon Bfid~e, then proceeding first southeasterly, then westerly along the ecq~ate limits, un~l it intersec~ Inland Leon, then prunec~ng northerly along Inland Lune until it i.n?rs _nc_ ts Julion Dubuque Drive, then procneding mst southwnstedy, then noCthwnstesly, then northerly along lulion Dubuque Drive, until it intersects South Graodviow Avenue, then prneccding westerly along South Orandvlew Avenue until it inteesects Southern Avenue, then procsoding first northesly, then northeasterly along Southern Avenue until it intersecte English Lane, thee proceeding first wnstefiy, then northwnsterly ulon~ English Lane until it intersects Mount Lo~tta Su'net, then pmneoding nesthwestedy along Mount Lowtta Sunni unttlit intersects Bzyant Street, then proceeding aonthesly along Bryant Sunet until it intea'aects South Grsodview Avenue, then procxec~ng southeaty along South Cn'andview Avonso until it intersects Bradley Street, then woceeding north- westerly along Bradley Street until it intersecte Rider Steset, tbun proceeding northeasterly along Rider Sm~et until it interssots South Gmadviow Avenue, then proceeding nc~thwestefiy along South Orsodview Avenue until it inteneots Dodge SRcet and U.S. Highway 20, then prnceeding easterly along Dodge Street sod U.S. High- way 20 to its point of origin. Section 17-18, Second precinct The Second Precinct shall c~slst of that prmion of thn city bounded by n line commencing at the point Dodge Street sod U.S. Highway 20 intersect Grsodvlnw Avenue, then proceeding southe~t~rly along the boundary of the First Precinct until it intersects the south ex)rporate limits, then proner~ng fiest westerly then southedy then southeasterly then northwesterly along thn corporate limits until it intersects Rockdule Road, than proceeding northerly along Rockdale Road until it intersects Old Mill Rend, then Wececding northerly along Old Mill Road until it intersects Catfish Creek, then precee~ng northerly along Catfish Creek until it intea-aects the lilinois Cont~ul Gulf railroad tmcke, then proceeding nonh- westefiy along tho lilinois Central Gulf nfilrood tracks until it intersects Cedar Cress Road, then proceeding northerly along Cedar Crees Road until it interseote Dodge Street and U.S. Highway 20, then proceeding eset- efiy ulcmg Dodge Street and U.S. Highway 20 to its point of 0figim Section 17-19. Third precinot. The ThUd Precinct shall consist of thnt ixmlon of the city bounded by a line conm~ecing at the point Dodge Suont sod U.S. Highway 20 intersect Cedar Cioes Road, then proceeding first southerly, then 345 Regular Session, August 19, 1991 southeasterly -tong the boundary of the Second Precinct unti it inter~cts the south corporate limits, the~ prececdlng first southerly, then no~hwesterly in n cieckwise manner -tong ~ corporate timlts un~ it inte~ects Dodge SUect and U,S. Highway 20, then procee~ng enstedy -tong Dedgn Sueet nmi U.S. Highway 20 to its point of raisin. Section 17-20. Fourth precinct The Fourth Precinct shall consist of that po~ion of the nity bounded by a tine commencing at the point Wtibrecht Lane intersects Asbery Road, then proceeding southc~terly -tong Asbury Road unti it intersects University Avenue, then pro- eceding southwesterly -tong Unlver~ty Avenue until it intersects Finley Suent, then proeec~ng southeasterly -tong Finley Sueet unti it intersects Pearl Street, then proceeding northeasterly along Pearl Street until it intersects O'Hngon Street, then proceeding southerly along O'Hngen Street unti it intersects Mineral SUeet, then proceeding esstedy -tcog Mineral SUcet undl it intersects McContiek Street, then proceeding southerly -tong McContiek Street until it intersects Bennett Street, then proceeding easterly along Bennett S~cct until it intersects Algotm $~cct, then proceeding southerly alcog Algoon Street un~l it intersects Hale gtscct, then proceeding easterly along Hale Street nntfi it intersects Nerth Grendview Avenue, then proceeding southerly along North Grundvinw Avenue un~l it intersects Dodge Street and U.S; Highway 20, then proceeding westerly .tong Dodge Suent and U.S. Highway 20 nnti it intersects the access road between Cedar Cross Rem], Kennedy Road and University Avenue, then proceeding northerly on said access read until it intersects University Avenue, then proceeding es.steriy .tong University Avenue until it intersects the middle foth of Catfish Creek, then pro- cecding northwesterly -tong thc middin fe~k of Catfish Cxcek umil it intersects the soutbem terminus of Butterfinld Road, then proceeding northerly along Butterfinld Road until it intersects Pennsylvania Avenue, then im~ceed~ng easterly -tong Pennsylvania Avenue until it intersects Flora Park Road, then proceeding nerthoasterly -tcog Flora Park Road unti it intersects Wilb~cht Lane, then proceeding easterly on Wilbrecht Lane to its point of migin. Section 17-21. Fifth precinct. The Fifth Pmcinet shall consist of that potfico of the city bounded by a llne commencing at the point A~bmy Road intersects Clarke Drive, then proce~Aing e~z~ly -tong Clarke Drive unffi it in~ BuYer ~H R~, ~ ~ng n~ly ~o~ Bu~ ~ R~ un~ it in~ F~ay Drive, ~un ~ng ~ly ~o~ F~ay ~ve unffi it in~ N~ Or~d~ew Awnue, ~n ~ng soun- dly on N~ ~dv~w Av~ un~ it in~ Ungs S~C ~n ~g ~ly on Ungs S~t ~ it in~ ~ke ~ve, ~en ~ing s~&west~ly on Cl~ke D~ve unti it in~ West ~ust S~ ~en ~ing ~ly on West L~t S~t unti it in~ Ro~o Avenue, ~ ~ng sou~- wes~rly on Ros~o Aven~ ~ti it ~n~ No~ ~dview Avenue, ~n prong weekly co N~ ~dview Aven~ ~ it in~s~ Aub~ S~ ~n ~ng sou&~rly on Aub~ S~t un~it in~ ~ B~ov~d, ~n ~ng ~rly ~ong ~ B~ov~ un~ it in~rs~ W~ S~ ~n ~ng s~ly ~g W~ S~t un~ it ~ Univer~ty Aven~, ~n ~ng ~ly ~ong U~ver~ Avenue un~ it in~s~ Dni~ S~ prong ~u&westerly ~g ~lhi S~t un~ it ~ W~t Fif~ S~ ~en ~ng ~ly ~o~ West ~f& S~t un~ it ~r~ College S~ ~en ~ng soundly ~cog ~llnge S~t un~ it intem~ W~t ThUd S~ ~ng w~rly ~ong W~t ~i~ S~ un~ it in~ N~ ~dvinw Avenue, · en ~ing ~u~rly ~ong N~ ~d~ew Avenue unti it in~ ~e ~d~ of &o F~ ~nct, ~en prong n~wes~dy ~g &e of ~e Fo~ ~t ~ i~ ~nt of ~in. S~on 17-22. S~ ~incc The S~ ~nct s~ ~sist of ~t ~on of ~e ~ ~und~ by a ~ncing at ~e ~nt ~Hc~t R~ in~ C~r R~, ~en prong ~u&erly ~cog ~ R~ unti it inm~ SL ~ne Drive, ~en ~ing ~t~ly ~o~ SL ~ne ~ve un~ it in~ Ch~ch~ ~ve, ~en ~g s~ly ~o~ Ch~chtfi ~ve ~ it in~ ~e ~d~es of ~e Fo~ ~d ~ ~ec~, · en ~ing ~t wes~y, ~on son~- ~rly, ~en weekly ~ong ~ ~u~es of ~ Fo~ ~d ~ ~ncm undl it in~ Cen~ ~ve, ~n ~n~ ~t w~dy, ~on n~efly ~o~ ~nt~ ~vo un~ it in~ Sylv~ ~ve, ~ng ~erly ~ong Sylv~ un~ it in~m~ ~n~ylv~a Aven~, ~ng wes~rly ~ong ~nnsylv~a Aven~ unti it in~ V~ Drive, · en ~ng n~edy ~ong Vi~ Regular Session, August 19, 1991 346 Drive un~l it inter,ts Keystone Drive, then imy~eed~ng ~y ~o~ Keys~ ~ it in~u ~y Way ~ve, ~ ~ng ~y ~ Key Way ~en ~ it ~ ~Y~ ~vo, ~n ~ w~y ~ ~y~ ~en ~ffi it tn~ Key ~o S~ ~n ~ng ~y ~g ~y ~o S~t ~ it i~ ~st R~ ~n ~n~ ~y ~g ~t R~ ~ it ~ Kco~y R~, ~n ~ng m~y ~o~ Ke~y R~ ~ it in~ ~st R~ ~n ~ ~y io~ ~st R~ m i~ ~nt of ~n. Se~ion 17-23. Seventh p~nct The Seventh lh~cinct shall consist of that per,on of the city bounded by a line commencing at the point Asbu~y Road inter- sects the northwest hanch of the no~h fork of Caffish Creek. then proceeding south- easterly along the no~hwest branch of the north fink of C~flsh Creek unti it inm~cts Hillerest Road, then proceeding wastedy along Hincrest Road until it intersects Winun Corm, then lmY~d~ng southerly alcog Wiune Court unti it intersects the ner~h fork of Catfish C~eck, then proceeding easterly along the north fork of Catfish C/eek unti it inte~,~ts tho boundaries of the Sixth and Third Precincts, then proceeding first soutberly, then westerly, then southerly, then westerly along tho boundaries of the Sixth and Third l~eciects unti it intersects the west cmpomte lin~ts, then proceeding fi~t no~tberly, then westerly, then ner~hemtefly in a clockwise manner along the timits unti it intersects Asbery Road, then procee~ng enstefly along Asbery Ro~l to its point of origin. Secrion 17-24. Eighth We~ect The Eighth Precinct shall consist of that po~ion of the city bounded by a line corarnencing at the point Asbmy Road inter- sects the no~tiwest }mmch of the north ferk of Calfish Creek, then proceeding ensmiy along Asbuty Road unti it intersects Bomon Road, then procec&ng no~herly along Bonson Road umfl it intersects Kunfmunn Avenun, then Proeceding entreaty nicog Kaufmenn Avenue unti it intersects Maain Drive, then proceeding ~outherly along Mmin Drive until it intersects Theda Drive then proceeding northwesterly along Theda Drive until it intersec~ Crissy Drive. then preceeding southerly on Csissy Drive until it in~ea-,e~ts Asbery Road. then procecding no~hweatedy nioog Asbury Road until it intersects Kennedy Road. then proc~Aing southerly along Kennedy Road until it intersec~ tbe boundaries of the Sixth sod Seventh Pesclnc~, then proceeding first westerly, then southerly, then ncrthwesterly niong the boundmies of tbe Sixth and Seventh P~enincts, to its p~nt of origin. Secrion 17-25. Ninth l~CinCt. The Ninth P~eninct shall consist of that ~onion of the city bounded by a tine coununnning at the point Matin Drive intersects Kaufmaun Avenue, then Prec, ecd- ing easterly along Keufnmnn Avenue until it into'sects Evergreen Street, then l~cecding southerly along Evergreen SUe. et until it intersects Lindnie Avenue, then proceeding e~erly -tong Lind.tn Avenue until it intersects Wootiawn Street, then proceeding southerly along Wcotiawa Street until it intersects Karen SUeet, then Proeneding easterly along Karen Street until it intersects Ca.~er Road, then proceeding northerly .tong Caxter Ro~d until it into'sects Kunfmunn Avenue, then Procecding essterly .tong Kaufmunn Avenue until it intersects Chauny Road, then proceeding southerly .tong Chaney Road until it intersects A~bury Road, then procec~ng southenstedy along Asbuty Road unti it int~sects the boundaries of the Fifth, Fourth, Sixth and Eighth Precincts, then proceeding first southwesterly, then northwesterly in a clockwise manner along the boundaries of the Fifth, Fourth, Sixth and Eighth Precincts, to its point of eri~in. Section 17-26. Tenth pl~oiecC The Tenth Precinct shall consist of that portion of the city bounded by a tine conm~ncing at tho point West Thirty-Second Su~et intenects No~h Grundview Avenue, then lXOcecding southerly .tong North Grandview Avenue until it intersects the boundaries of the Fifth, Fourth, Ninth and Eighth l~..ciects, then proceeding first westerly, then no~hwesterly in a clockwise manner -tong the boundmies of the Fifth, Fomth, Ninth and Eighth Precincts unti it intersects Kennedy Road, then proceeding northerly along Kennedy Road unti it intersects Matywood Drive, then tin,needing e~torly along Ma~ywood Drive until it inte~..cts C~issy Drive, then proceeding northerly along Crissy DBve until it intm~ects Maryv~od Drive, then proceeding westerly along Marywood Drive until it intersects Kennedy Road, then proceeding noCtberly -tong Kennedy Road until it intersect Bee Branch Cre~k, then proceeding first easterly, then northeasterly -tong Bee Branch Creek until it intersects Carter Road, then proceeding no~henstefly along Cheer Road until it Intersects West Thirty-Secomi 347 Regular Session, August 19, 1991 Street, then proceeding easterly along West Thirty-Second Street to its point of origin. Se~on 1%27. Eleventh precinct. The FJeventh l~nct shall consist of that po~ion of the city boondcd by a line commencing at the point the west c~ limits intersect Asbury Road, then pro- ceeding nol~boesteriy in a cinekwise fashion along the c~porate limits until it intersects Central Avenue, then proceeding south- easterly along Central Avenue until it intersects West 'rhlrty-Secomi Street, then proceeding southwesterly along West Thirty- Second SUe. et unti it intersects Lemon Street, then proceeding southeasterly alc~li Lenmn Stxent unti it intersects Stoltz Street, then proceeding southwesterly along Stoltz Street until it intetsents Burlington Street, then proceeding southeasterly along Badingtco SUent until it intersects National Street, then proceeding southwesterly along National Street until it intersects Keokuk Street, then proceeding southeasterly along Keokuk Street until it intersents Pdmre~ S~reet, then proceeding southwesterly along Primrose SUnet until it intersects Berkley Steer, then prne~2/ng westerly along Bexidey gtxent until it intersents Berldey Place, then proceeding northerly alonli Befldey Place until it intersects Meadow Wood Drive, then proceeding notthwestesly along Meadow Wood Drive untilit interseots Wildwood Drive, then proceeding northwest- erly along Wildwood Drive until it intersects West Thil~-Second Street, then proceeding westerly along West Thirty-Second SWeet until it intersects the boundaries of the Tenth, Eighth and Seventh Precincts, then pronen~ng southwesterly along the boend- aries of the Tenth, Eighth and Seventh Precincts, to its point of origin. Section 17-28. Twelfth prcclnct. The Twelfth Precinct shall consist of that posen of the city bounded by a line commencing at the point Milwaukee SUeet intersects Central Avenue and U.S. Highway 52, then proceeding northwesterly along Central Avenue and U.S. Highway 52 until it intersects the north corporate limits, then proceedinli first northwesterly, then north- easterly, then southe~terly in a ci~kwise manner along the coq~orate limits onti it intersects the legislative district lien, then proceeding southerly along the legislative district line until it intersects McDonald Po/ut Road, then proceeding first westerly, then southerly along McDonald point Road until it intersects Ro~evcit Road, then proceeding easterly along Roosevelt Road until it intersects the boundaries of Cermas Blocks 401 and 405 in Census Tract 4, then nenneding southerly along said boundary until it inte~,nets St. Francis Drive, then ~rocecding first southerly, then westerly along St. Francis Drive until it intersects Windso~ Avenue, then proceeding southerly along Windsor Avenue until it intersects Davis Street, then proceeding westerly along Davis Street until it intersects Sheridan Road, then procee2/ng northerly along Sheridan Road until it intersents Hogrefe Street, then prooneding westerly along Hogrefe Street until it intersects Burden Street, then proceeding southerly along Burden Street until it intersects Davis Street, then procccdlng westerly along Davis Street until it intersects Elbow Lane, then pro- cceding southwesterly along Elbow Lane until it intersects West Thirty-Second Street, then proceeding southwesterly along West Thirty-Second Street until it intersects Jackson Sffeet, then p~x)cnetinli north- westerly along leckson Street until it intersects Milwaukee Stsent, then proceeding southwesterly along Milwaukee Street to its point of origin. Section 17-29· Thirteenth precinct. The Thirteenth Precinct shall ooesist of that portion of tho City bounded by a line comn~ncing at the point the north corporate limits intersect the boundary of the Twelfth Precinct, then proceeding sootheastedy along the corporate limits until it intersects the Pen~ta Channel, then procending southwest- erly along the Peoste Chennel until it intersects East Sixteenth SU~t at thc East Sixteenth Stl~et bridge, then proceeding southwesterly along East Sixteenth Street until it intersects Kerper Boulevard, then proceeding northerly along Kerpor Boulevard until it intersects Fongier Street, then proceeding northwesterly along Fengier Sucet until it intersects thc Soo Line railroad tracks, then proceeding northeasterly along the Soo Line railroad tracks until it intersects the southeastern ter~r/nus of Ann Stxcct, then proceeding northwesterly along Ann St~ct until it intersects Thomas Street, then proceeding northeasterly along ~Thomas SUnet until it intersects Ascension Street, then proceeding southeasterly along Ascension Street until it intersects Prescott Strut, tl~n proceeding northeasterly along Prescott Street undi it intersects Rcosevelt SWeet, then proceeding first noRhweaterly, then northerly along Roosovcit Suent unti it intersects the boundary of the Twelfth Precinct, then proceeding first no~hesly, then easterly along the boundary of the Twelfth Precinct to its point of origin. Regular Session, August 19, 1991 348 Section 17-30. Foestennth precinct. The Foum~enth Psecinct shall conrist of that po~lon of the city bounded by u line oommoncinli at the point Ann Stseet inter- sents Tbomas Stm~ then l~onneding enuth- westerly along Thomas St~.t until it intersen~ Engle Suent, thon procee~nR nor, hwestedy along Eagle St~et unti it tntenents Rivmqew S~ent, then i~cneding enuthesly along Riverview Stxent enttl it inte~.ecte Metz S~tent, then prenending westedy along Me4'z SUent until it intsxsnets Windsor Avenue, then proceeding scothedy alone Windsor Avenue umil it intersocts Regent Stseet, then Plooending southwesterly along Regent Street until it intersects Prlnee Stsent, then prenneting northweaterly along Prince Suent until it interseo, s East Twenty- Sixth Stsont, then pronending northeasterly along East Tweaty-Sixth Street unti it intersects Pieard St~ent, then proceeding nesthwesteriy along Plnerd Suent until it intm'sents E~t Twenty-Seventh SUent, then Inncneding southwesterly along Hast Twenty- Seventh Steer until it intersects Elm Street, then procending northwestesl¥ along Elm Strict unti it intersects East Twenty-Eighth Su~et, then lXn~es~ding nmhonsmty along Fast Twenty-Eighth St~et unti it intersects Pinard Sue. et, then proceeding nelthwesterly along Ptunrd Stxcet unti it intersects Fast Twenty-Ninth Stsnet, then prneend~ng south- westerly along East Twonty-Ninth Stseet until it intorsnets Herlinge Trail, thon prneending northwesterly along Heritage Trail until it intersects the boundmies of the Twelfth and Thitteeath i~ccincts, then pro- cending first east~ly, then nmthedy, then southcestedy in a cioukwise menner along the boundaries of the Tweli~ and Thirteenth Pm=inets to its point of estgin. Section 17-31. Fiftnenth po~nct The Fifteenth Precinct shall consist of that portion of the city boonded by a llne com- moncing at the point Fenghir Sttent intersects the Soo Line mfirond t~acks, then proceeding southwesterly along the Soo Linc ralli~nd tracks until it intersects the southeastern terminus of Stafford Street, then proceeding northwesterly along Stafford Stxect until it inun'sects Gerfield Avenue, then southweste~y along Garfield Avenue until it in~ East Twentieth Stxunt, then pro- needing southwesterly along East Twentieth Stscct tmtiit intersects Central Avenue, then po~:en~ng northwestoriy along Central Avenue onti it intersects East Twenty-l~'st Strnet, then procendlng northeasterly East Twenty-First Street until it intersects White Stxcct, then proceeding nc~thwesteriy along White Stsect until it intenccts East Twenty-Second Stsect, then proecedinli nonhe~terly along East Twenty-Second SUeet until it inte~ents Prinon Stseet, then n~ng ncathwesteriy along Prince Stseet until it intersects th~ boumiaries of the Fourteenth end Thirtnenth Precincts, then proceeding first northeasterly, then enutheasterly in a cienkwiso manner along the boundaries of the Fourteenth end ~nth Precincts to its point of origin. Section 17-32. Sixtnenth pr~incc The Sixteenth Precinct shall consist of tiiut portion of tho city bounded by e line oonm~neing ut the point ~ast Twenty-First Steer iutm-sents Central Aveaue, then preceding northwesterly along Central Avenue until it ints~sects the boundaries of the Twelfth, Fon~eenth end Fifteenth Pr~inets, then pmcending first nm~.heastedy, then southeasterly, thee southwesterly in a ciookwise menoor along the boendmies of the Twelfth, Foum~enth end Fifteenth Prneinots, to its point of origin. Sention 17-33. Sovuntnenth l~.,cinct Th~ S~vuntneath Psecinet shall ennsist of that portion of tho city bounded by u line oommoneing ut the pcint Wast Twenty-Third Street intersents Central Avenue, then proceeding southwesterly along West Twenty-Third Smut undi it intersects Valeria Smut, then proceeding westerly along Valecia Sue. et undi it interrupts Kenfmann Avenue, then proceeding westerly along Kaofmenn Avenue until it inlmsents the boundaries of the Tenth, Eleventh end Sinteonth Psecincts, then prooneding first northerly, then easterly, then southeasterly in a clockwise manner along the boondaries of the Tenth, Eleventh and Sixteenth P~ecincts to its point of origin, Section 17-34. Eighteenth precinct- The Eighteenth Precinct shall consist of that posen of the city bounded by a line commencing at the point Vales-ia S~t intersects Kenfmann Avenue, then pro- ceeding southeasterly along Kaufmunn Avenue until it intersects Hempstend Street, then proceeding southerly along Hemprtead Sm:et until it inUnsects Montcreat SUeet, then procee~ng wests~ly along Montest Stseet until it intersec~ Abbott Sttent, then ~recne~ng southm'ly along Abbott Su~et until it intersects Lowell Steer, then n'o~.~ling easterly aloog Lowell Street until it intersects Harold Suent, then proceeding southerly along Harold Street until it intersects Chirice I~ive, then proceeding easterly along Cinrke Drive until it intersects 349 Regular Session, AUgust 19, 1991 Foye St~t, then Imx~-~ing southerly aloag Foye Street until it intersects West Locust Street, then proceeding v~ste~ly along West Locust SUent unti it intersects Kh-kwocd Strut, then pmennding southwesterly along Ki~kwund St~et until it intersects Cox Street, then l~cnding southeasterly alcog Cox gut. et until it intersects Loess Boulevard, then l~.ding scothwosterly along Lores Boulevard until it intersects the boundaries of the Fifth, Tenth and Seventeenth Px~iects, then procending fitst noxtherly, than ensterly in e clockwise manner, alcog tho boundaries of the Fifth, Tenth and Sevcntennth Precincts, to its Point of origin. Se~ion 17-35. Nineteenth ll~.cincL The Nineteenth Precinct shall consist of that Poriion of the city bounded by a line commencing at the point East Twentieth St~ent intersects Cent~l Avenue, then procecding southeasterly along Central Avenue until it intersects Thirteenth Street, then precec~ng southwesterly slung Thif~ennth Stseet un~l it intersects Main Sueet, then procending northwesterly along Main Su~et until it intersects Fotmennth Street, then procending southwesterly alcog Fourteenth Street until it intersects Locust Street, then proccedlng northwesterly along Locust Suent until it intersects West Seventeenth $~lcet, then precceding south- westerly along West Seventeenth SUe. et unti it intersects the bounderics of the Eighteenth, Seventeenth, Sixteenth and Fifteenth Pre* cincts, then procecthng first noRhwesteity, then enstedy, then southeasterly along thc boundaries of thc Eighteenth, Seventeenth, Stxtecnth and Fifteenth Precincts to its point of 0~gin. Section 1%$6. Twentieth preninct* The Twentieth Precinct shall consist of that Portion of thc city bounded by a linc commencing at the point the east corporate limits intersects the Pcoste Channel, then precce~ng southerly along the cecpoxate limits to its intersection with Dodge S~t and U.S. Highway 20 at thc Julian Dubuque Bridge, then proceeding westerly along Dodge Street and U.S. Highway 20 until it intersects the toe of the bluff, then ceeding northwesterly along tho toe of the bluff until it intersects the southern tenniuns of Montrnse Street, then pro(g~ding north- erly along Mont~ose greet until it intersects the toe of the bluff, then procecding westerly along the toe of the bluff until it intersects tho boundaries of the Nineteenth, Fifteenth and Thirteenth Precincts, then proceeding noPheasterly along thc boundaries of the Nineteenth, Fifteenth and Thirteenth Precincts to its point of origin. Section 17-37. Twenty-first precinct The Twenty-First Precinct shall consist of that Po~on of the city bounded by a linc commen~ing at the lxlnt the toe of the bluff intersects West Fifth Street, then prncec~ng enuthwestedy along Wast Fifth Street to Nendham Suect, then proceeding northwest- erly along Nendham Street until it intersects West Seventh Street, then proseedlng south- westerly along West Seventh SUeet until it intersects Hill Street, then proceeding southwestelly along Hill SUe. et until it intersects Wast Fifth Street, then proceeding westerly along West FitCh Sneer unti it intersects Wilson Street, than proceeding northerly along Wilson St~et unti it intersects University Avenue, then pro- ceeding westerly along University Avenun until it intersects Glen Oak Strent, then proceeding southerly along Glen Oak Silent until it intersects Forest Lmm, then proceeding westerly along Forest Lane unti it intersects thc boundaries of thu Fifth, Eighteenth, Nineteenth and Twentieth l~ecincts, then proceeding first nol~bedy, then northeasterly, then southerly in a clockwise manner, along the boundaries of the Fifth, Eighteenth, Nineteenth and Twentieth Precincts, to its point of origin. Section 17-38. Twenty-second precinct, The Twenty-Second Ficciect shall consist of that portion of the city bounded by a line commencing at thc point Dodge Street and U,S. Highway 20 intersect Grandvinw Avenue, then proceeding first northeasterly, then easterly, then southeasterly, then westerly, in a clockwise manner, along the boundaries of the Fourth, Fifth, Twenty-First, Twentieth and First Precincts, to its point of Section 17-39 through Section 17.51. Reserved, ARTICLE 111. WARDS Section 17-51. City divided into four The city is hereby d~vided into four (4) wards es described in this article. Section 1%52. First ward. Tho Fi~t Ward shall consist of that po~on of the city bounded by a line commencing at the point the east corporate limits intersect U.S. Highway 20 on the Regular Session, Jullun Dubuque afld~e, first iwocendlng soutl~ly, then ~u~w~y ~ ~ ~ ~ it ~ U.S. ~ ~ ~ ~s R~, R~ ~ U~v~W Arum. ~ng ~Y ~ ~d U~v~ Avon., ~ ~ng ~o~ U~v~ Avm~ ~ it in~ · e ~ f~ ~ ~ C~ f~ ~ ~sh ~ ~ it in~ ~ng ~ly ~ Bu~dd R~ un~ tt in~ P~nsylv~a Avun~, p~ng ~y ~g P~nsylv~a Avm~ ~ it in~ ~ P~k R~, ~en ~g n~edy ~mg ~ P~k R~ ~ it in~ W~ht ~ng ~ly ~o~ W~ht un~ it in~ ~b~ R~, ~n ~ng ~wes~ly ~o~ ~b~ R~ on~ it ~w~ ~ke ~ve, ~n ~ng ~mdy ~ong it in~ Bu~ ~ R~, ~n ~ng n~y ~o~ Burr ~ R~ un~ tt in~ F~ay ~v~ ~n ~ng ~ly ~ F~y un~ it inW~ H~ ~dv~w Avun~, ~d~ow Avun~ ~ it ~ Ungs S~ ~en ~ ~ly ~ Ungs S~t ~ it in~ ~ it in~ West ~t ~ng n~Y ~onS Wast ~t S~t ~ tt tn~ R~o Avun~, ~un ~ ~u~w~Y Ro~ Av~ ~ it in~ N~ ~o~ H~ ~d~ew Aven~ in~ Aub~ S~ ~u&~ly ~o~ Au~ S~t ~ it in~ ~ B~ev~, ~en ~ng n~rlY ~ong ~ Bo~ev~ ~ it in~ W~ S~ ~en ~ng ~u&~rlY ~on~ W~ S~t un~ it intersec~ University Aven~, then ~ng n~ly Av~ ~ it in~ ~1~ S~ ~ng ~u~w~y ~ it in~ W~t ~f~ S~ ~ng ~ly ~ W~t ~f& S~t un~ it ~ ~ege ~ng ~u~ly S~t on~ it in~ Wo~ ~ S~ ~en ~ng ~ly ~ West ~d~ew Avun~, ~en ~ng ~u&~rly ~ Av~uo un~ it ~ ~ S~ ~d U.S. ~ghway 20, ~en August 19, 1991 350 along Dodge Smut and U.S. Highway 20 to its point of migin, Section 1%53. ~ wuni. The Sec~ul Wml shall consist of that po~ion of thn city bonndod by a line commencing ut thn Point the no~th corporate llwlts intersect U.S, Highway 52, then precending southwesterly in u counter- clockwise manner along the coq~oeste limits until it interacts U.S. Highway 20, then proceeding easterly along U.S. Highway 20 and Dodge Suect until it intersects the access ~ between Cedar Cross Road, Kennedy Road and University Avenue, then pro- ecnding northerly along said access mad to University Avenun, then proceeding easterly along University Avenue until it int~sects the middin fink of Catfish Creek, then proceeding northwesterly along the middle fork of Catfish Ctenk until it intersects the sonthurn terminus of Butterficid Road, then procec~ng noRherly alcog Butterllnid Road until it inters~ts pennsylvania Avenue, tbon proceeding eestedy along pennsylvania Avenue until it intersects Fle~ Perk Drive, then prneneding ner~harly along Flora Perk Drive until it interse, ots Witbre~ht Lane. then ; easterly along Wlltuncht Lane unti it intersects Asbu~ Road, tbon proceeding northwesterly along Asbu~ Road until it intersects Clarke Drive, then proceeding enstedy along Clarke Drive until R intersects Bunker Hill Road, then pro- ennding no.burly along Bunker Hill Road until it intersects Fairway I~tve, then then proceeding nmtherly along Notch Orendview Avenue unti it intersects West Th~ty-Secund SUect* then proceeding ensturly along West Thixly-Second Street unti it interacts Wildwood l)rlvc, then procending southwesterly along Meadow Wood I~ivu until it intersects Berldey Place, then proceeding scotherly along BerMey Place uniit it intersects Berlday Strcet, then procec~ng unstedy alung Berldey SUect until it intersects Eiinu~e Street, then pmcec~ng noP. heastedy along l~imrnse Street undl it inte~w~ts Keokuk SUent, thou proceeding nerthwectedy along Keokuk SUect until it intersects National Sucet* than proceeding no~heastedy along National Smmt until it intersects Burlington St~cet* then proceeding nol~hwesterly along Burlington Street until it interacts StoRz SUent, then pu~e, ending nmlhensterly along StoRz SUeet until it intersects Lemon Street, then proceeding no~hwesterly along Lemon SUect until it intersects West Thi~y-Second 351 Regular Session, August 19, 1991 Street then proceeding northcustedy along West Thirty-Second Street until it intersects Central Avenue then ixoceethng northwest- crly along Central Avenue and U.S. Highway 52 to its print of migin. Section 17-54: Thh'd ward. The *third Ward shall consist of that pmtion of the clt~ bounded by a line conmmecing at the point the north corporate limits intersect Porn Road, first proceeding eesterly, thee northeasterly, then south- easterly in a clockwise manner along the corporate limits until it intersects the PeosUt Ch~nunl, then precneding southerly along thc Pec~ta Channel until it intersects East Sixteunth Stseet at the East Sixteeeth Street Bridge, thee preccnding southwesterly along Eust Sixteeeth Stw~ct until it intsrsects Karper Boulevard, then proccndlng north~ westerly along Keq~cr Boulevard until it intersects Fee~hir St~ct, then proccnding westerly along Fengler St~net until it intar~ects tim Soo Line railroad tracks, then pxocec~ng southwesterly along the Soo Line railroad trunks until it intersects the eestem terminus of Stafford SUcet, then pro~ing nmlhwustefly on Stafford St~ct until it intersects O~/inld Avenue, then p~needing southwustedy along Garfield Avenue until it intersects Eust Twentieth Student, thee ~ ceedthg sonthwestedy along F~st Twentieth Street unffi it intersects Ceetral Avenue. tben proceeding northwesterly along Cunt~al Avenue until it intersects West Twenty-Thlrd Street, then l~ocending southwesterly along West Twenty-Third Street until it intersects Yalmla $~et, then proceeding westerly along Valerin Sneer until it intersoct~ Kaofmeen Avenue, then pmcending fl~t northwesterly, then westerly along Rnofmunn Avenue to its western most intersection with No~h Grundvinw Avenue. then proceeding first nor~we~terly and then no,beVy along Greedvinw Avenue nnffi it inte~ects West Th~ty-Second $~reet, then procec~ng east along West Thirty-Second St~et un~l it intersects Wildwood Drive. then procee~ng southe~terly along Wildwoed Drive until it intersects Meadow Wood Drive, then pro- ceedlng southeasterly along Meedow Wood Drive un61 it intersects Be~Aey Pk~e. then precec0~ng ~outheriy along Barkley Place until it intersects Barkley Street, then pr~x. ndlng custerly along Berkiey S~unt untll it intersects P~m~ose Sl~x.t, then proceeding nortbeutefly along P~mrc~e Street until it intar~cts Keokuk Sueet, then precun~ng ner~hwusterly along Keokuk Street until it intersects Nntional Street,. then proceeding northeesteily along National Street until it inte~ects Burlington 5~t, then p~eding northwustefly along Burlington Street until it intersects StoRz Strut, then Wocecdlng northeustedy along Smitz Sneer until it intersects Lemon Stscct, then proceeding northwesterly along Lemon S~eet until it intersects West Th/rty:Secomi Street, then proceeding ncCtheustefly along West Thirty-Second Street until it intersects U.S. Highway $2 and Control Avenue, then proceeding northwesterly along U.S~ High- way 52 and Central Avenue until it intersects tho corporate limils: then proceeding no,h- easterly along the corporate Umits to its point of c~gin. Section 17-55. Fourth ward. The Fourth Ward shall consist of that po~ion of tho city bounded by a line commencing at the point the east e~rporate limits intersect the Pecsta Chunnel, then proceeding sontbefly along the corporate limits until it intersects U.S Highway 20 at the Juliee Dubuque Bridge, then proceeding westerly along U.S. Highway 20 and Dodge Sneer until it intersects North Grandview Avenue, then proceeding no~hwusteriy along North Grundview Avenue until it intersects West Third Street, thee proceeding north- easterly along West Third Sueet unsil it int~sects Cotinge Street, then proceeding nerthwestedy along College Street until it intersects West Fifth SUunt, then proceeding westerly along West Fifth SUeet until it intersects Delhi Street, then proceeding noRbeasteriy along Delhi Street until it intersects University Avenue, then pro- ceeding westerly along University Avenue until it intersects Wood S/neet, then proceeding nortbwusterly along Wood Sneer until it intersects Loras Boulevard, then proceeding southwesterly along Loras Bocievard until it intersects Aubm'n Street, then proceeding northwesterly along Auburn Street until it intersects North Grundvicw Avenue, then proceeding e~tedy along North Greedview Avenue until it intersects Rosedale Avenue, then proceeding not,h- easterly along Rosedale Avenue until it intersects West Locust Street, then ixo- ceedlng southwustefly along West Locust Sneer until it intersects Clarke Drive, then proceeding northerly along Clarke Drive until it intarsects Ungs Street, then ~ ceeding v:Csteriy along Ungs Sue. et until it intersects North Grandview Avcunn, then proceeding nollherly along North Glandvlew Aveeun to its western mo~t intexscctlon with Kaofmann Avenue, then proceeding easterly along Kunfmunn Avenue until it intersects Yaleria Street, then ix~ceeding e~sterly along Valeria SUeet until it intersects West Twenty-Third Sm=et, tben proceeding north- easterly along West Twenty-Third St~.et until it intersects Cen~al Avenue, then Regular Session, August 19, 1991 352 Published offidally in tho Telngraph Herald this 29th day of August, 1991. May A. Davis City Clerk It 8/29 Council Member Vunthe~ moved that this be constdernd tho first vending of the Oa~nunee, and that the veqci~rnent that a pvopo~d Ordinance be considea~d and voted on for passa~ nt ~ Council nmetings prior to the n~zflng at which it is to be finally adopted be suspended and fus~hus moved final adoption of the Ord/nanee. Seconded by Coundl Member Pratt Can'ind by thn following vote: Yees-=Mayor Brady, Council Members Klunsnus, Kring, Hicholson, Pratt, Vontharg. Nays---Noun. Abseet~Coundl Member Deinh. Conununieetion of City Manager xequust- inS to rescind the contract with Dubuque County regarding the use of the Eagle Point Water Tank for the E-911 antenna, presented and vend. Couecfl Member Voetbe~ moved that the communication be mc~ved and filnd. Seconded by Council Member Nicholson. Canted by the following vole: Yeas---Mayor Brady, Council Members Klunsner, Kdeg, Nicholson, Pratt, Vcotherg. Nays---None. Abeent---Council Member Dnich. RESOLUTION 274-91 RESCIND AUTHORIZATION TO SIGN AGREEMENT WITH DUBUQUE COUNTY FOR USE OF EAGLE POINT WA*fER TANK FOR E-911 TOWER Wl~rees, the City Council unthusiznd thc Mayor to execute un ng~nt with Dubequn County to us~ the City's l~in Point Water Tower as part of their E-911 conununieelion system at tbe Junus~ 21, 1991, Council meeting; and Wbemas, the County has now detemdned after fu~er study, that it will not need the use of this water towun NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That action taken at the Januaxy 21, 1991, Council useeting ~ngarding the use of the F. aglo Point Water Tower by Dubuque County for the E-911 system be ruscinded. Passed, approved and adopted this 19th day of August, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Membar Voctharg moved ndop- tion of the Resolution. Seconded by Council Member Nicholson. Carded by the following vote: Yees--Meyor Brady, Council Members Klnesner, l~ing, Nichcison, Pratt, Vocth~rg. Nays--None. Absent---Council Member Dcich. Vef0al petition from Council Member Nicholson ~luusting to i~.~msidcr the request for Residential Parking Pennil DisUict for the F~muntt Strsct and St. May's St~et area, (City Manager's recommendation to deny petition was aPlxOVed at City Council mee~ng of May ~0, 1991), prc- sentnd and read. Lan'y Bukey of 155 St. Mary's St. stated ~usidents of that area need place to park. Guy Hemenway of 462 W. 3rd St. also Council Member Pratt moved that the matter be ~ferred to the City Manager for ~ccommeedation to solve Emmett St. and St. Mav/'s parking situation. Seconded by Council Member VoctherE. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Krieg, Nicholson, Pratt, Vcetberg. Nays--Nom. Abs~nt--Conncil Member Deice Communication of Attoruny Wayne A. Norman, Jr., on behalf of Blue Moon Development Company xeqnesting Council hold n special Council meeting to approve 353 Regular Session, August 19, 1991 liquor llceme for the Dubuque Clarion Hotel, presented and read. Council Member Voetherg moved that the communication be received and filed, Seco~ed by Council Member Riuesuer. Carried by the following vote: Ye.aa--Mayor Brady, Council Members Klueener, Kfiag, Nicholson, Prat~ Veetberg. Nays---Non~. Absent--Council Member Deich. RESOLUTION NO. 275-91 Whe~ns, applicellons for Liquor Licenses have beun submitted to this Council for approval and the sam~ have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspec~l and found to comply with the State Law and all City Ordinances relevant thereto and they have filed p~per bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the followinll named appliesnts a Liquor Liennse. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Blue Munn Development Company (lowa), Clarion Hotel, Sunday Sales, 450 Main Street Passed, approved and adopted this 19th day of August, 1991. Inn]es E. Brady Mayor Attest: Mmy A. Davis City Clerk Council Member Kriag moved edoption of the Resolullon with condifionni approval subject to receipt of necessary signatures ~..quired. Seconded by Council Member Nicholson. Can-ied by the following vote: Ye.xv--Mayor Brady, Council Members Kluesner, Kaiag, Nicholson, Pratt, Ventberg. Nays---None. Abeent--Conncli Member Deich. RESOLUTION NO. 2'/6-91 NOW, THEREFORE, BElT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tho following having complied with the provisiuns of law relatiag to the sale of Clgaret~s within the City of Dubuque, lows, be ~ran~..d a permit to sell Cigarettes and Cigar~t~ Papers within said City. Budde's Sports Bar, T-MPR', Inc~, 660 Iowa Clarion Hotel, Blue Mo~ Development Company, 450 Main SUe. et Passed, approved and adopted this 19th day of August 1991, Samcs E. Brady Mayor Attest: Mery A. Davis City Clerk Council Member Kluesuer moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeoz--Mayor Brady, Council Members Kluesn~r, Kilag, Nicholson, Pratt, Vcetherg. Nays--None. Absent--Conncil Member Dnich. RESOLUTION NO. 27%91 Whereas, applications fo~ Beer Pernlts have been submitted and filed to this Council for approval und the same have been examined and approved; und Whete~s, the premises to be occupied by such applicants were inspected and found to con~ly with the Ordinances of ~ City and have filed proper bonds. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUEUQUE, IOWA; That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B*' BEER PERMIT Donna Ginter, Special Event - Ou~oor Service, (Sunday Sales), 7th Under Town Clcok Dubuque West Side Kiwanis Club, (5 Day Permit), (Sunday Sales), Riverview Pa~k CLASS "BE" BEER PERMIT Beverly R. Miller, Sid's Beverage Stose, Inc., (Sunday Sales), 2727 Dodge S~seet JFT, Inc., Oky Doky #1, (Sunday Sales), 1st Sm~et Regular Session, Augu_~_~ 19, 1991 eLl.tS #C" ~E~R PEItMff Rainbo Oil Co., KWIK Stop Food ~ (Sunday Sales), 2255 Ketper Trues-Mies Investments. Oky Doky #21, (Sunday Sales), 2010 ~ Passed, approved and adopted ~ 19th day of Aullnst, 1991. Iun~s E, Brady Mayor Attest: Ma~y A, Devis City Clerk Council Member Klueener moved edop- flon of the Reunlutiun. Seconded by Council Member Nicholuen, Canted by the following vote: Yens---Meyer Brady, Council Members Klueener, Ksie$, Nichelson, Pmt~ VuetberL Nays--None. Ahuent--Conncil Member Dalch. RESOLUTION NO. 2~-91 Whereas, applic~uns for Liquue Ltcenms have been submitted to this Council for approval and tho same have been exnmiued and approved; und such applicants wese inspco~l and found to convply with tbe Stata Law und all City Or&nuncen selevant thereto and they have NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ~ CITY OF DUBUQUE, IOWA: That the M~umgns be unthesinsd to cause to be issued the followinll named aPl~icants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Elbe, Inc., Dr. B's Billiard & Ice Cresm Parlor, (Sunday Sales), 2095 KeR~er leny Lee James, Nnighbo~ Tap, (Sunday Sales), 1899 Rcokdale Rend James H. & Kathluen Iunes0 The Bridge Restaurant & C~eybound Lounge, (Ou~o~ Service), 31 Locust Su~et Laura A. Mmpby, Mmph's South End Tap, (Outdoor Service), 55 Locust Street Passed, approved and adopted this 19th day of August, 1991. 354 Inmes E. Brady Mayor ~wst Mary A. Devis City Clerk Printed Council Pmcuedinss for month of November, 1990 for Council approval, pre- sented and read. Council Member Vnetherg moved Ihat the prconsc~ngs be approved ns printed. Seconded by Council Member Pra~ Canied by the following vote: yens~Mayor Brady, Council Memben Klunsner, Ksiag, Nicholson, Pratt, Vuetberg. Nays---Noue. Absent --Conncll Member Deicb. MINUTES SUBMITTED--Historic ~-euervalion Commission of 7-24; Lung Range Planning Comn'~ssiun of ?-l?; Park & Reerenliun Commission of 7-9; Zoning Board of Adjnsto~nt of 6-2'/, p~esented and read. Council Member Voetberll moved that the minutes he received and filed. Seconded by Council Member Pran Canied by the following vote: yens---Mayor Brady, Council Members 1Ounsnns, Krieg, Nicholson, P~tt, Vuetherg. Nays--None. Absent---Cooncll Member Deich. NOTICES OF CLAIMS/SUITS--Clyde Batemun in Small Claims Cou~ in amount of $1,900.00 for nun-placement of sidawalks in subdivision; Stevun Hoth in amount of $416.75 for job-related iHners; Iowa DeFnstment of Natural Resources sniymit ting un AdmtnisWative Order segsrding Wnsta- wa~r Facility No. 31-26-0-01, p~sentsd und reed. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for invnstigalion end repel Seconded by Cunnc~l Member Pratt. Carried by the following vote: yes. s--Mayor Brady, Council Members Klunsnns, K~ieg, Nicholson, Prat~ Vuetbe~g. Nays---None. Absent---Cunncil Member Deich. Communications of Cesponslion Counsel recommen&ng set~ement of following claims; car dsmage of Richard $. Bradley in the amount of $84.50;, la'okun c~ door lock of Sister Eva Marie Lorscheter in the amount of $17.00, presented and read. Council Member Vcotberg moved that the communi- calions be received und filed and settlemunts aplXfOVed and Fiunuee Director c~cotnd to issue checks. Seconded by Council Member Pratt. Conied by the following vote: yeas--Mayor Brady, Council Members Klueene~, Foiag, Nichcdsos, Pratt, Vuetberg. Nays--None. Ahsunt---Couns~l Member Deich. Comm~cations of Corporation Counsel lecommen&ng denial of following claims: Regular Session, August 19,1991 356 355 Regular Session, August 19, 1991 Communications of Coqx)mion Counsel advising of ~efnnul of following cia/ms to Crawf0td & Company, the agent for th· Iow· Community Assurance Pool: personel injury of Debb/n Albert; ceiling damage of Tom and Antouia Bogas; personal injmy of Marie A. Meuben; c~ damage of Joyc~ M. Pitz; car damage of Steve and Ma~ Lynn Saner, presented and read. Council Member Voetbe~ moved that the commou/cations be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kfleg, Nieholson, Pratt, Vnetbe~. Nays--None. Absent-~_.oundl Member Deieh. Petition of Attorney Joseph J. Bitter, on behalf of Mr. Jerorne Welsh, 874 Mt. Loremt, ruquasling City ARomey inve. stisate a situation ~ogardiog garage access on property ~oasiag Disney Sue·& presented and read. Council Member Voethe~ moved that the petition be referred to the Legal Staff for investigation and report. Seconded by Council Mar·bar Pr·- Cawied by the following vote: Yeas--Mayor Brady, Council Members Klu·sner, Krlng, Nicholson, Pr·u, Voutberg. Nays--None. Absont--Cooncil Member Deich. August 12, 1991 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1989 Code of low% as amended, the Civil Service Commission conducted written exan/nations on June 29, 1990 and July 19, 1990 with Physical Anitity Tes~ being given on July 19, 1990 for the position of Police Officer Entrance Level. The first list of eligible can&dates ws~ nertified on August 24, 1990. The Police Chief has requeslrd that the second list of alisible applicants be certified at this ~me, We has·by ce.lfy that the following indi- viduals have successfully passed both the written and physical agility tests and hereby qualified to be conside~l for the position of Police Officer for the City of Dubuque, Iowa. Ted George Timothy Ells Timothy White Calvin Bredberry Kin1 Horch Donald Andreseu Jon ~[lig Scott Enslou~n Tim S'ehrobilgen James Tuck· goneld Hecren Rnspecffully submitted, Gerald $. Koppes Cl~rperson Pat Dillon Robert M. Miller Civil Service Comn/ssion Council Member Voetberg moved that the Civil Service Commission cemrounicafion be received and filed and rome a matter of record. Seconded by Council Member Pratt. Ca·led by the followin8 vote: Yeas--Mayor Brady, Council Members Kin·suer, Kriag, Nicholson, Pratt, Voetberg. Nays--None. Absent-Council Member De/eh. Proof of Publication on Nolle· of List Claims paid for the month of June, 1991, presented and read. Council Member Voutberg moved that the proof of pubilcafiou be received and filed. Seconded by Council Member Pratt. Canied by the following voto: Yeas~Mayor Brady, Council Members Klnesne~, Kring, Nicholson, Pra~, Vcetberg. Nays---None. Ab~ent---Council Member Deich. Communication of Dean Millius~ on behalf of KDTH & KATF Radio requesting permission to conduct fireworks display on Friday, July 3, 1992, from 9:00 to 10:30 p.m. on Volunteer Road hatwecn H·wthorun and Lime with rain date being July 4th, presented and 1~ead; Council Member Voetber~ moved that the ;eqanst be approved, subject to implant·ration of the City Manager. {ec~odod by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Kinesner, Krlng, Nichols·n, Pratt, Voetherg. Nays---None. Al~ent--Cooncil Member Dcich, REI~JNDS REQUES'fED~Mister Donut, $75.00 on unexpired Cigarette License; Bruce Williams, $56.25 ou unexl=hed Class "B" Bner Permit, p~snntcd and read. Council Member Vnetbe~ moved that the mfuM be aplm~Ved and Nih·nee Dirne~ to issue proper checks. Seconded by Council Member Pra~ Couted by the following vo~: Yens--Mayor Brady, Council Members Kin·seer, Kriag, Nichotson, PraR, Voethar8. Nays---Noou. Al~ent---Coundl M~mber Deleh, Walsh True Value Hasdwase requ~tin{ pem/ssion to build · lmdiog dock behind their warehouse on CnnUUl Ave,, lm~ented and mad. Co~ Member Voutbe~ moved that the request be ~efen~ed to the City Manager and sutff. Sncondad by Council Membor Pmtc Cmied by the following veto: Yens.--Mab~ Bzady, Council Mambers Klnesner, Kflng, Niuholson, Pra~. VnetberL Nays--None. Absont-Cooucfl Member Del·h. Communication of City Manager ~equeat- in8 aplWOVal of an application for the Iowa Department of Economic Devnlolm~nt for Rental Rnhubilllatiou Program (RRP) FuMing, presentcd and read. Council Member Voetberg moved that the communi- cation be ~,eunived and filed. Seconded by Council Member Pt·to Carded by the following vote: yens--Mayor Brady, Council Membors Klouener, Krie{, Nicbolson, Psetl. Vnethers, Nays--None, Absent---Council Member Deich. RESOLUTION NO. 2'/9-91 A RESOLUTION AUTHORIZING THE MAYOR TO EXE~ AN APPLICATION TO PARTICIPATB IN THE IOWA RENTAL REHABILI- TATION PROGRAM Whereas, th· City of Dubuque mcogulzas a ountinuln{ nned to assist sentsl property owners in invpmviog their, lwoperfies occupied by lower-income far. lies; and Whn~'eas, the City wcognims the benefit of such assistsnec~ in the from of neigh- borhood impact and increased {ax base; and Wbeseas, the City has successfully admiulstered State and Federally funded Rental RehahOitalinn Prognum, totalllns $1,108,875.00 in grant funds and matched by $3,300,000.00 in Intvate rninvasUmnt, since 1984. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the M·yor is authorized and dimctcd to ex··utc an ·pplication to the low· Deperiment of Economic Development for pa. icipatioo in the Rental Rehabilitation SeVin· 2. That the City of Dubuque Housing Commission has ooedantcd the neenssery public he~iag mgm'diag iltis · ppltention in nccc~danne with requirements of Chaptcr 403.A.28 of tho ~ t° sevinw and/or splroVe or suggest medifien- tiom of tbe l~ans for lnOgrsm dnsign and SeXton 3. That the City Maung~ is hereby ·uthmized and directed to forward asid apl{ica{ion and rasul6n~ stsndasd execotcd conlrant to the respective agencies in · timely faslsion and as mqnestcd by the Iowa Depaflmout of Bconomlc Development Passed, ~pproved ,md adopted this 19th day of Aug·st, James E. Brady Mayor ~ttest: Msry A. Davis CRy Clerk Council Member Voutber8 moved adop- tion of Ibe Rasolufion. SecoMM by Council Member Prat{. Carried by {he followln8 vote: ye~,--Mayor Brady, Council Members Klnesner, F~iog, Niehcison, Pra~ VnetberS, N·ys--None. Absout--Cooucil Member Commanication of City Manager ~.que~t- lng Mayer be authorized to execute an amendment to exisfiag unni~nct from HUD, presented and ~eed. Council Member Voetbe~g movM that the communication be recnivM and filed. Secmded by Council Member Veetberg. Cani~ by the following vote: Yeas--Mayor Brady, Council Members Klnesne:~, FileS, Nichcison, ~ Vnetberg. Nays--None. Absent~-Council Member Deich. RESOLUTION NO. 280-91 AUTHORIZING EXECUTION OF AN AMENDED ANNUAL CONTRI- BUTIONS CONTRACT FOR SECTION 8 MODERATE REHABILITATION PRO{ECT NO. 1AO~-K087-O05 Wherens, the City has ~eqnested and received an amendment to Moderate Rehabilitation ConUant KC-9004, for Project IA05-K087-005, establishing an effective contract date of I November, 1989; and Whereas, the U.S. Department of Housing and Urban Devciopment mquises execution of this contract for the City's adminis~'atlon of these funds. 357 Regular Session., August 19, 1991 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sncflon 1. Th~ the Mayor of tho City of Dubuque be and he is hereby authorized and directed to execute an un~nded annual contribugous contra~t, with tho U.S. Delmmuent of Housing and Urban Devalop- meat. for Projnct No. IA05-K087-005, under Master Annual Contrbullous Contract No. KC-9004E, on behalf of the City of Dubuque. Setllon 2. This Resolution shall take effnct immediately. Passed, approved and adopted this 19th day of August, 1991. Jan~s E. Brady Attest: May~ Mary A. Davis City Clerk Council Member Voetberg moved Mop- ~ion of the Resolution. Seconded by Council Member Pratt. Ca~ied by the following vote: Yeas--Mayor Brady, Council Members Kluesner, Kdug, Nicholson, Pratt, V~etberg. Nays--None, Abeent---Council Member Dalch. There being no further business, Council Member Pratt moved to adjourn the meeting. Seconded by Council Member Vuetherg. Carded by the following vote: Yeas--Mayor Brady, Council Members Kluesuer, Kriug, Nicholson, Pratt, Vuetbe~. Nays---None~ Abrent~Councll Member Deich. Meeting adjourned at 11:20 p.m. Mmy A. Davis City Clerk Approved ~ 1992. Council Members Attest: Regular Session, September 3, 1991 358 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Rugulsz Session, september 3, 1991. Council ruer at 7:30 p.m., Public Ltbre~ Audttoflum. l~e~nt: Mayor Brady, Council Members Kluesner, Nicholson, Pratt, City Manager W. Keunath Oexrbun, Corpom~iun Counsel Eun'y A. LindahL Absent: Co~ncli Mambors Deich, Kriug. Absent at Roll Call: Council Member V~ethe~. Mayor Brsdy read the call and stated this session is the Rugul~ Monthly bi,ting or the City Council called for the pmpoue to uet upon such business which may laop~ly come befon~ the Council Invocaliun was given by Rev. Everett Hemenn of the Arehdieceue of Dulmque. Council Member Voethe~g un~A the Chambeo at 7:38 p.m. PROCLAMATIONS--Week of September 8-14 us "Celdn'a~ Llincncy Week" recdved by May/suom; sel~erebe~ 12~ 1991. as "D.A.R.E. DAY" muetved by Pollco Officer .~teva Eastvedt Presentation of "Certificates of APlWeCialiun" to City Employues Tim Kelly and ~oe Caliahan. ttemps~d Nlih Sehod Music Direcux ~ohn Oehrle shared the honor of that lltgh School Band beiug invited to peffc~n at the New Ye~'s Day parade in London, Fag, land. Council Member Vuethezg moved to suspend the rains to allow anyone l~esent to add~ezs tim council if they so dustin. Seconded by Council Membe~ Nicholsun. Cunted by the followin~ vote: ye~--Mayor Brady, Council Members Kluexaer, Nicholson, Pratt, Veeth~rg. Nays---Nona, Absent--Council Members Delch, Proof of Pabllcallon ue~ifind to by the Publisher on Notiue of Public lteadul to rexoun wopeny at ~0 W. 5th Suect from OR to C--4 District, lneSexted unll read. Them wore no written objecfiuns received and no oral objustors present at thc time of the hearing, Council Member Vectberg moved gtat the proof of publicallun be received and filed, seecoded by Council Membe~ Nicholmn. Cmied by the following vote: yexm--.Iviayor Bnuiy, council Members Kluusne~, Nicholson, Pratt, V~tbe~g. Nays~Noue. Abeent---Counci[ Members Dnich, Kfiug. An O~dlnanue amending Code of Oidi- nanc~s by reclussifyiug property located at 330 West 5th Street flora OR Offic~ Residential Distrct to C-4 Downtown Commezdal Distrct. said Ordinance having been p~sented and read at the Council muelln$ of August 19, 1991, p~sented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 68.91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFrER DESCRIBED PROPERTY LOCATED AT 330 W. 5TH STREET FROM OR OFFICE RESIDENTIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1. Tile Cede of Otdinancus of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa to re~inssify hereinafter desoibed prepeny frem OR Residential to C-4 Down~own Comme~clal Distrlct, to wit: Lot I of the Noah 23 feet 10 inches of City Lot 105 in the City of Dubuque, Xowa, rr~e ecrmnoniy known as 330 W. 5th Suue~, and extending to the center line of the abutting public right- of-way. Snctlon 2. That the foregoing amendment has heretofore bnca reviewed by the Zoning Commission of the City of Dubuque~ Iowa. day of September, 1991.