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1991 October Council Proceedings391 Regular Session, September 16, 1991 Meeting adjoin-ned at 1:36 September 17, 1991. Ma~y A. Davis City Clerk ~Adop Council Members Attest: Regular Session, October 7, 1991 392 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, Octobe~ 7, 1991. Council mat at 7:30 o'clock p.ra., Public Library Aadi~ofiuro. F~ent: Meyer Brady, Council Members Dnich, Krleg, Nicholsoa, P~att, Veetherg. City Mun~ W. Kenneth Gea~ha~ Cozpozation Counsel Ban'y A. Ltndnid, Absent: Council Member Kluesner. Ma~or Btedy read the call and stated this is the Regular Session of the City Council called fro' the pnrlx)se to act upon such business which may wopedy come befem the Council Invocation wa~/ivun by Meyor Jan~s E. Brady. PROCLAMATIONS~October 12 as "Toxic Clean-up Day" rece/ved by Tom Bylund and Libby Burkhatt; Octobe~ 15 ~s "White Cane Safety Day" received by Dorothy Bwwn; November 4-10 as "Redic/o~io Technology Week" wcdived by · "Ce~ificates of Ap~edation" were presented to nine City employees from vafioun depaxtm~nts and divisions. Council Member Pratt moved to suspend the rules ~o allow anyone ln~Sunt to add.ss the Cunncil. Seconded by CunncO Member Voetherg. Carded by the following vote: Yeas-~Vlay(~ Bredy, Council Members Dnich, Kxiet, Nichohon, Pra~ Vuntber/. Nays---None. Absent--Council Member P~of of Publication, certified to by the Puldlshe~ on Notice of Public Heating to conalde~ text amendmant to Zoning Ordin- ance by adding "Appliunce Sales and Service" as a pem-dited use in the C-I Nni/hhxhood CommeixSal Zodn8 District, presented and read. Council Member Pratt moved that the proof of publication be n~dived and filed. Seun~ded by Council Member V~etberg. Canied by the following vote: Yeas=-Meyer Brady, Council Membe~ Deich, Foieg, Nicholson, Pratt, Voetbe~. Nays---Noce. Abnent--Council Member Mike Brnithach, 590 Cbzke Ddve, as owner of the prepeny reqnested aFpmvni of the proposed Ordinance. C~eg Adams, reni- tot, requested approval of ~he Ordinance. An O~diunnce amending Zonin80rdi- nunee by adding a Seodon 34.1(B)(18) providin~ that "Appliance Sales" be a pen~itted use in the C-I Ncighberhood Comme~ni Zoning District, said Ordinance havln8 been Inusented and xcad at the Council rncedng of September 16th, pre- sented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 73-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY ADDING "APPLIANCE SALES" AS A PERMITTED USE IN THE C-I NEIGHBORHOOD COMMERCIAL ZONING DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thc Code of Ordinunces of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the Zoning, Ordinance of the City of Dubuque, Iowa, by adding a Section 3-3.1(B)(18): (18) Appliance Sales. [27] Section 2. That the foregoing amendment has bemtofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of October, 1991. James 1~ Brady Mayor Mary A. Davis City Clerk Published offidally in the Telegraph Herald this llth day of Octobur, 1991. Mazy A. Davis City Clerk It 10/11 393 Regular SesslonLOctober 7, 1991 Council Member Pratt moved that this be considered the second rea~ng of the Ordinance and that tho ~lni~mont that · propo~d Ordinance be conside~d and voted un for pnss~e at ~ Co·ncO meetings l~ior to the meeting at which it is to be finally adopted be suspended and fmther moved final adoption of the Or~unnco, m amended. Seconded by Council Member Nicholmn, Cnn~ed by the following vote: Yens-Mayor Brady, CouncO Members D~ch. Kfing, Nicholson, Pratt, Veetbe~. Nays--Noee. Absent----Cconc~l Member Kinesner, Proof of Publicatiun. certified to by the Publlshc~ on Nolice of Public He,~ieg to comider reclassifying properties located at 940 Bluff SuceL 395 West Ninth and unnumbered prop~y near the intcrseedun of Ninth Sviunt and Bluff Street, from OR to C-4 Distich, presenteA and read. There were no written objections received and no o~1 objectors present at the limo of the hemieg. Council Member Voetherg moved that the proof of pubHcaficn I~ received and filed. Seconded by Council Member Nicholsen. Canied by the following vote: Yens---Mayor Brady, Council Members Dnich. Kfieg, Nicholson, Pratt, Voethcrg. Nays--Nune. Absunt---Counc~l Member Kineseer, An O~dinance and·ding Zoning Oxdi- nunee by reclassifying properti~ located at 940 Bluff S~k 395 West Ninth and other unnumbered property near the intcrsecfiun of Ninth S~.ct and Bluff St~ct, from OR Office Residential Dis~ict to C-4 Downtown Commercial DistficL said Ordinance having been presunted and read at the meeting of September 16, 1992, p~sented for fi·el (OFFICIAL PUBLICATION) ORDINANCE NO. 74-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA. PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDI- NANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSI- FYING HEREINAF~F.R DESCRIBED PROPERTY LOCATED AT 940 BLUFF STREE'L 395 WEST NINTH AND OTHER UNNUMBERED PROPERTY NEAR THE INTERSEC- TION OF NINTH STREET AND BLUFF STREET, FROM OR OFFICE RESIDENTIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~tiun 1, That tho Code of Oxdinunces of ti~ City of Dubuque, Iowa, be aranndad by l~vising Appendix A thereof, also known ns the Zoning Ordinance of tho City of Dubuque, lows, to reclassify hereinat~r described property f~om OR Office Rcsi- denllal to C-4 Downtown Commercial DistriuL to wit: City Lot 642, Lot I of Lot 1 of City Lot 641, Lot 2 of City Lot 641, Lot 2 of Lot 1 of City Lot 641, Lot 1 of the south 39.4 feet of City Lot 640, Lot 2 of thc south 39.4 feet of City LOt 640, Lot 1 of the north 11.8 feet of C~ty LOt 640, Lot 2 of the north 11.8 feet of City Lot 640, the south 23.2 feet of City Lot 639. the north 28 feet of City Lot 639 and City Lot 638 of the original tow· in the City of Dubuque, Iowa, and extending to the center line of any abuthng public fight-of-way. Section 2. That the foregoing amc·dm·at has heretofore been reviewed by the Zoning Commission of the City of Dubuque. Iow~. Passed, appmvcd and adopted this 7th day of Oct·her, 1991. Jarr~s E. Brady Mayor Attest: Ma~ A. Davis City Clerk Published officially in the Telegraph Herald this Ilth day of Ocwhea'. 1991. Mmy A. Davis City Clerk It 10/I 1 Council Member Voetherg moved final edopliun of the Ordinance. Seconded by Council Member Nichelson. Can-led by the following vo~e: Yeas--Mayor Brady, Council Memhers Dcich, IOueseer, Kxieg, Nicholmn. Pratt, Veetherg, Nay~-~Noun. Proof of Publication certified to by the Publishe~ on Nolice of Public He.lng to consid~ reclassifyieg property located and known ~s "The Western end of North Raege Court and North of Pennsylvania Avenue" from PR to R-I Dis~ict. presented and read. Them were no written objeeliuns received and ao oral objecteo pmscot at the time of th· heating. Council Member Voetherg moved that the proof of publicellun be received and .IBed. Set, reded by Council Membea' Pratt. Carried by the foBowing vote: Regular Session, October 7, 1991 394 ---"d wt~h dm ~t~ly line of Bn~ly, Council l~mhen ~ ~-~ ~o Su~vi~ m a Y~ ~, ~ V~. ~tZ°f~in ~c~ Mikn pm~zun, oWun~ of tl~ I~'Say° specifics of Au ~ ~ng ~ng ~ by ~ng ~ l~'~ W~ ~ of * ~d ~ng ~n ~n~ of x6. ~n~ f~ f~ (o~C~ p~LIcA~O~ ~OF~OF ~T ~ ~DE OF ORDI- Nal, C~ OF DUBUQ~, IOWA, BE A~~ BY ~VIS- lNG ~NDIX A ~F, KNO~ AS ~ ~NINO O~l- PROP~ ~A~ AT ~S~ END OF NOR~ pE~s~VA~ A~ ~OM PR p~NNED RESID~IAL DI~I~TOR-I SING~-F~Y ~S~D~ D~ NOW, ~O~, BE ~ O~ BY ~ OF D~UQ~ IOWA: ~1~ 1.~ C~ of~ of~ of ~b~, low~ ~ ~ by m~sing A~u--- ~n~ ~ of ~ ~ of Dublin, PR Pl~ R~u~ ~s~ct ~ R-1 ~ng~F~Y Iow~ ~ ~c~ly · do~ a ~nt -- -~nt of ~n~ng~ Lot ~4 theace unstmty 410 funt, mo~ ~y 149 f~t ~e musty Bun of n~Y 3~.~ f~ ~ ~ w~}- ~ly 5ne of ~d ~t ~.~ f~t ~ ~e ~1~ B~ el ~d ~t 2 m ~e ~nt ~n~S 5.0 ~, pu~C ~ht~f-way in ~ ~ of Du~q~, low~ ~f~ ~n w~ew~ by Co~On of ~e ~ty of Du~qee, low~ eff~t ~a~ly u~n pubB~Oa p~ ~v~ ~ ~ ~ 7~ ~Y Mary A. Davis City Cio~k published officially in tho Te~graph Herald this llth day of October, 1991. Ma~ A. Davis It 10111 City .Clerk CounCil M~mbe~ ¥oethe~ mow l'mal mloptio~ of tho O~d~eence, Seeend~ by pu~tc Canied by~, Council Member yens--Mayor B ~ following vote: Delch, KIieg, Nichols , CounCil ]v~mb~S Nays--None. Abseut~ ~ Vunthe~g~ CounCil Member Kinnseer. ]hoof of Publication ceff, ified to by the blishe~ on Nolle· of Public Heating. to Pu "-'n ~ loc·tea at unnsidef reclnsstiy~ g l"vrTM Nor& and Southwest of salem SUeet, R-1 to R-4 Di~Uict, pr~unted and ~ead. CounCil iVlembe~ Prau moved that the ub~icallun be ~:~ived and wi vote: yeas--May.? B Y pratL Vunthe~[' Nays--Noun. Aheeet~ Council Membe~ Klunsner. 395 Regular Session, October 7, 1991 John Miller, 920 Roosevelt, Ma~ Miller, 920 Runecvdt, Lealey Genmin and Ken Buening all spoke to tbo requested rezoni~g. An Oidiunnce unt~nding Zoalng Didt- nunce by seciasnifying pe0poxy loc.~M ut Nceth and Southwest of Salem Stz~t f~m R-2 Single-Family Residential District to R-4 Mdill-Funfily Residential District, ~id Ordinance havi~g becn pre.uteri and rend a~ the Council Meeting of September 16, 1991, pr~unted for ferther action. (OFFICIAL PUBLICATION) ORDINANCE NO. 76-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS TItE ZONING ORDI- NANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSI- FYING HEREINAFI~R DESCRIBED PROPERTY LOCATED AT NORTH AND SOUTHWEST OF SALEM STREET, R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-4 MULTI-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY TtlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Tho Code of Ordinunces of the City of Dubuque, Iowa, bo amended by ~vialng Appendix A thereof, also known ar the Zoning O~dinunce of the City of Duhaqun, Iowa, to ~eclassify hereinafter de;cfibed properly from R-1 Single-Family Re;idenfini Disuict to R-4 Multi-Family Re~idunfial District, to wit: Lot 1 of Lot I of Lot 1 of Lot I of Lot I of Lot 1 of the South 1/2 No. beast 1/4 Northwest 1/4 and Lot 2 of Lot 1 of Lot I of Lot I of Lot 1 South 1/2 of the Northeast 1/4 of the Northwest 1/4 Section 123 both in Township 89 North Range 2 East in the City of Dubuque, Iowa, und extending to the teeter line of the abutting public fight-of-way. Section 2. That the foa~going emundrr~nt has berctofore been ~eviewed by thc Zoning Commission of the City of Dubuque, Iowa. Section 3. That this Ordinance shall teke effect immediately upon publication, hat only et such tirun as this pml~y b rceoned Planned Residential, and in the event that this property is not mzoned Planned Real- duntini, then this Ordinance shall be null and void. Passed, approved and adOPted this 7th day of October, 1991. James E. Brady Mayo; Attest: Mary A. Davis City Ciork Published officially in the Telegraph Herald ~ __ day of ,1991. This Ordinance not published as of April 1, 199Z Council Member Pratt moved that this bo considered tho ~econd ;=ading of the Ozdi- nunce, and that the teqdizement that a proposed Ordinunce be considered and voted on for passage at two Coundl meetings prior to tho meeting at which it is to bo finally adOPted bo suspended and fu~lher moved final adOPtion of the Ordinance, 0z an~nded. S~conded by Council Member Kfing. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kricg, Nicbohon, Pratt, Vuntborg. Nays--None. Absent-- Council Member Klunsunr. Prcof of Publication certified to by the Publisher on Notice of Heating on Plans and Specifications for the Ice Harbor Development-Emergency Access Roodway, pl~uted and zead. Counoli Member Vo~tberg moved that the p~oi)f of public, aden be received and iliad. Seonndad by Council Member Nicholson. Canied by tho following vote: Yeas--Mayor Brady, Council Member; Delch, l~icg, Nicholson, Pratt. Vuntberg. Nays---None. Ab~ont--Council Member Kluesner. RE~OLUTION NO. 313-91 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the llth day of September, 1991, plans, specifications, form of contract and estinaned cost were filed with the City Clerk of Dubuque, Iowa, for the Icc Harbor Devciopmunt-Ew~rgoncy Access Roadway; Whereas, notice of hearing on plans, spccificetion~, form of contract, and estimated cost was published as ~qui~l by law. Regular Sssslon, October 7, 1991 396 NOW, 'flH]REPORE, BE IT RESOLVED BY ~ ~ COUNCIL OF ~ CiTY OF DUBUQUE, IOWA: of c, onm~ ~d ~ ~ ~ -- the.a_. ~eoificafiona, fonnof conmtct und catimatnd cost for ston tml~ov~ pees~d, ndopted ~l epproved thi~ 7th deY of October, 1991, James E. Brady Mary A. Davis City Cierk Council Memln~ Voet~ moved fion of ti~ Rerolufion, Seconded by Member Nichoiaon. Caviled by tho following vote: Yunx--Mayor Brady, Coundl Members Ddich, Kfing, Niehdson, Pratt, ¥~t~. Naya---Hon~. Al~unt--Coondl bl~mbor pronf of publication o~fiad to by the Publisher on Notice to Bidde~ of the Receipt of Bids for Ice Harbor Davelopmont- Emergeaey Aeccas Road und onmmunicafion of City ldamaer ~e~mmundinll to Coundl M~mbor Vootbet~ m~vun woof and oommontcation bo ~:oived md filed. Seceded by Council Nichol~on. C. anied by the follOWh~ vo~: yun~-Mayor Brady. Council Deieh, gaing, Nieh~son, Pratt, Voetbeag. Naya---Nono. Abcent--Conndl Momb~ RF~OLUTION NO. 31,1-91 AWARDING CON'TRACT su by Develolym~nt. Emerguncy Aeceaa Rcedwuy pursunnt to Remlution No. 307-91 and notice to bidde~ published in u pubBshad in the city of Duhaquen Iowa. on the 20th day of Sep~mb~, 1991; W~, ~id r~ed ~_.~. w~ opened and lead on tho ~6th uay that the hid of River City Pavmn, a LWn of Mathy Comttantion, Inn. of Kioler, Wiaonnnin, in the amount of $31,462.59 the lowest hid for th~ fiuni~hings of nil labor und materials und l~ferming th~,. ~w~.. as provided for iu th~ plms md speonc~ons. NOW. Ti~REFORE, BE IT RESOLVED BY TI~ CITY cOUNCIL OF THE CITY OF DUBUQUE. IOWA: That the ~onm~t fo~ the a~ove impwve- taunt bo ewarded to River City Paving, a Division of Mathy ConstruCtion, Inc. and the Mannger he md is be~by di~c~t~., to execute a conuaot on behalf of thc City of Duboqun for the unml/eto performance of the work. the s~idng of said cont~at and me appmv~u of the onnuaoter+s bond, the City Trcezurer is authorized and instr~ted to t'etum the lid deposits of the unsuece~sful lidAers. p~l, approved und adopted this 7th day of October, 1991. Inmes E, Bwdy Mayor Attest: Mary A. Davis City Clerk Council Member Voetborg moved adop- tion of the Resolution. Seconded by Coundl biem~ Nichol~on. Canled by the following vote: Ycas--.Mayor Brady, Council Members Ddi~h, Kfing, Nichoison, Pratt. Vuntherg. Nays--Noun. Ab~ont--Connctl Member Publisher on Notice of Heanng on Plans Specifications fee the lining of the Sludge Process Balld~n$ sewers et thc Water Poliu- ConUoi Plant and Pwof of Publication, certified to by the Publisher, on Notice to Bidd~s of thc Receipt of Bids for thc City of Dubuque Wastoweter Trcem~nt Facility Betiding Sewer Lining, presented and ~d. Council Ivlcmber ¥ontberg moved that the proofs of publicatlun be ~-.eclved end fit.cd. Pratt, ¥cethe~. Nays--None. Absent-- Council Member IOunsner. Communication of City Manager wcom- rounding to wject lid ~ceived for the proj~t, ~n~ md ~ Count. ~.em~_r ¥oetberg moved that the onnm~emunt~on c~ received md filed and the recommundation of .jection of lid bo apl~ve~.. ~ ~Se~_. n.~d?foblY- Council Member g_6ng, can~_eo .uy ~,. --il Vorxberg. Nay~None. Absunt--Council Member Klunsunr. 397 Regular Session, October 7, 1991 Council recessed at 9:30 p.m. Council reoonvuned nt 9:51 p.n~ Communication of City Manager reooa~ mending to proceed with c~ncineration of non-~ecyclable waste pel~er with sludge at the Water Pollution Contxol PinuL presented nad read. Council Member Dcieh moved that the communication he received and filed and City Manager given appmvni to preened. Seconded by Council Member Nicholnan. Canied by the following vote: Carried by the following vote: Yeas---Mayor Brady, Council Members Dcich, Nicholsun, Pratt, Vnetberg. Nays--Council Member l~ag. Absent--Cunndl Member IOuesner, Petition from Tri-State Earth Day Network members, containing aplx'oxin~tely 497 siguntu~s, requesting to eddress the Council on vmioos concerns with the process and content of the p~oporni to approve coincine~afion of currently wasted materials at the Water P~intioo Control Facility, presented and ~nd. SisU~r Susna Rink, Robert Rathitt, Jean Cheever, Jay Pricst~ Paul Schult~, Mike Breitbach, Tom Lawford, Tom Nesle~, nad Jane Carlson ali spoke requesting more time and evaluation pro4~ss, Council blcmber Deich moved that the petition he escelved and filed, Sec~mded by Council Member Nicholson. Canted by the following vote: Ye.ss--Mayor Brady, Coancll Memhe~s Dcich, Nicholnan, Pratt+ ¥oatherg. Nays--Council Member Kfing. Ainent---Councfl Member Klnesner, Council discussiun was held ~garding the nnighlx~hood ooncerm of Peoples Natoral Gas dning work on Walnut Snoot and not ropinclng street in sam~ condition (use of bricks). Mike Daggundorf from Peoples Natural Gas spoke. that Peoples Natural Gas could tepince their Communication of City Mun~er mqneat- ins approvni to authorine the filing or an application for a Loan Ouerantee through Subl~ut M, Section 108 for construction of un Office Building in the Dubuque Co~x~a- tion Business Park, irresnated nad xnad. Council Member Pratt moved that thc cam- munication he received and filed. Seconded by Council Member Nicholson. Carded by the following veto: Yeas--IViayor Brady. Council Members Dalch, Krieg, Nicholsun, Pratt. Voetberg. Nays~None. Absent-- Council Member Kinesner. RESOLUTION NO. 315-91 RESOLUTION ENDORSING DUBUQUE IN-FUTURe, INC.'S PROPOSAL TO CONSTRUCT AN OFFICE' BUILDING IN THE DUBUQUE CORPORATE CENTER FOR EVENTUAL ACQUISITION BY ENGINEERING DATA SYSTEMS CORPORATION Whereas, Dubuque In~Fumro, Inc. owns approximately ~wenty-thrne aore~ of vacant land in the Dubuque Corporate Center and is wodfing towards the development of said property as a mixed office and limited conmtercisl park; and Whe~as, Engineeriag Date Systems Cmporation. a local engineering softwa~ develolxnent firm, has been awarded momes from both the City of Dubuqne and the Iowa Dope~uent of Ecunondc Devniopment to assist them in the relocation and exl~nsion of their existing operations within thc cemmunity; and Where., Engineering Data Systems has requested the ~sistance of Dubuque In- Futaro, Inc. in the devciopmant of a 12.048 square foot office facility in the Dubuque Corporate Center. designed for their sole use and eventual acqnisition; and Whereas. Dubuque in-Eutoro, lue. desires to assist EDS in its efforts to obte/n adequate and affordable office space for its operafi~s and has approached the City Council for its suppo~ of the deveinpn~nt and finundng proposals ix~sented before them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, October 7, 1991 398 Seetinn 1. Tlmt the City Cunnnil endmses Dubuque h-FatinG, Inc.'s l~Oporni to develop & 12048 uqu~e foot offiun building in thc Dubuque Cmpoes~ Cunte~ for ~e beunBt of Engtn~dag Data Systems ¢o~miun. Dubuque ln-Futoro, lun.'s ap~icatloo to ECIA Business Growth, Inc. for affordable Bunnning through the EDA Revolving Loan Fund ~t~ Passed, apia,,ved and adopted this '/th day of October, 1991. James F_. Brady Mayo~ Attest: Mary A. Davis city ~od~ Council Member Pratt moved edoptiun of the Resolution. Sueooded by Council Memhe~ Niabolnan. Carried by thc following vote: yeas--Mayor Brady, Council Memhe~s Deich, Kfiag, Nicholson, Pra~ Vcethe~. Nays----None. Aheent--Coundl Men~aer Klnesner. RESOLUTION NO. 316-91 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A LOAN GUARAN'fm~ THROUGH SUBPART i,, SECTION 108 OF TI~ COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM FOR CONSTRUCTION OF AN OFFICE BUILDING IN TRE DUBUQUE CORPORATE BUSINESS PARK Whereas, Dubuque ln-Futu~, Inc. propnees to develop un office bnilding in the Dubuqce Cmporate Business Park; and Where., it has been determined thut said l~roposal ~ not he feasll~e without nun- local assistance. NOW, THEREFORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF THB CITY OF DUBUQUE. IOWA: Se,~ioo 1. That the City Council hewby unthorizne the filiag with the U.S, Dopamunnt of Housing and Urban Development of un application for loan guseuntee in conformance with Subpm~ M, Sectioo 108 of the Community Development Blcek Gnmt regulations. Said appHcatioo shah ~lneSt a le~n gunruntne for th~ p~ of assisting in tho devniopment of un office bollding in the Dubuque Coqx~rate Bualn~ss Park. Sue~on 2~ That the City Mannger is hereby untheriznd and directed to act ~s the official ,~p~.suntative of the City of Dubuque in counnetiun with said loan Suer- untee appllcasiou, and to provide such infenuntion as may be ~eqneated by the U.S. Delmmnent of Hoosin~ and Urban Develop- mant. Pa~ed, aplnoved und edopted this 7th day of October, 1991. James E. Brady Mayor Attest: Mn~y A. Davis City Clerk Coun~'fl Member Pratt moved adoption of the Resolution. Seconded by Council Member Ninhohon. Canied by the following vote: Y~Mayor Brndy, Council Members Deich, Kfing, Nicholson, Pratt, Vcetherg. Nays~None. Absunt---Councll Member iOcenaer. Communication of City Manager advising of un immediate need to tneunsb'net the existing stune arch storm sewer under lldi SUnet in association with the U.S. Highway 61 project nad requesting Couueil's approval to declem project na an emergency ~ Cormnunic~ion Of Buesiag & Associnu=s, Inc., agreeing with findings that an eme~ency situation does e~ist, presented and tend. Council Member Vcetherg moved that the communications he ~neived nad filed. Seconded by Council Member Nicholsen. C.a~.ed by the following vote: Ynes~Mnyor Besdy, Council Members Deich, IG-iag, Nichdnan, Pratt, Vcetherg. Nays--None. Ainunt~Cooncil Member Klnesner. RESOLUTION NO. 317-91 Whereas. the I lth Sueet storm sewer has been demminnd to be smlcturally deficient for the pincemont of U.S. 61 over this storm newer, and Whereas, it is nacessexy thet the City · ~conem~ct tim po~ion of tida storm sewer beneath the unmm~ction area; and Whereas, it is essentini for this wink to be initiated as quickly ss possible to minimize the delay and inm'femnce with the existing conettuedon conUa~t for the xueonsmtetlon of the llth guest ~ 399 Regular Session, October 7, 1991 NOW, THEREFORE, BE IT RESOLVED BY TIH/CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the delay of a public heating and public Icing could cause serious financial loss to Langman ConsUucflon and the City of Dubuque. Section 2. That the City Council deems the emergency r~ of this storm sewer to be advisable and necussaty for the public wcffare. Se~lon 3. That thc City Manager is hereby authorized and directed to perform said reconstruction of thc llth Sheet storm sewer in the approximate amount of $190,000.00. Passed, approved and adopted this 7th day of October, 1991. lames E, Brady Mayor Attest: Mn~y A. Davis City Cle~ Coancil Membe~ Voetberg moved adop- tion of the Resolution, Seconded by Council Member Nicholson. Canied by the following vote: YeasmMayor Brady, Council Members Duleh, Krlng, Nicholsen, Pratt, Voetberg. Nays--Noue~ Absant---Coancll Member Communication of City Manager advising that the staging plan, as proposed by Iow· DOT, anticipates the closure of Grandvlew Avenue south of Dodge Suuet during the construction of U.S. 20 contdor, and requesting Council to consider the staging plan as proposed by IDOT and give dlxection to the City Mannge~ whether the propo~d plan is acceptable, pxesanted and read. Council Mcmber Deich moved that the communication be ~eived and filled and staging plan approved. Seconded by Council Member Prati. Carried by the following vote: Yeus---Mayor Brady, Council Members Deich, Kring, Ni~hulson, Pratt, VoetberS. Nay~Noue. AIx~ent-~Coandl Member Kluesnef. Communication of City Manager recom- mending Council adopt an Ethics Policy Statement and authorize and direct the development of a City Code of Ethics, pre~cnted and read. Council Member Vcotborg moved that the communication be received and filed. Seconded by Council Member Nicholsen. Cnn'ted by the following vote: Ycas--Couueil Members Kfing, Nichulson, Pratt. Voetberg. Nays--Mayor Brady, Council Member Dulch. Absent-- Council Membo' IOuusner. RESOLUTION NO. 318-91 RESOLUTION ADOPTING ETHICS POLICY STATEMENT AND AUTHORIZING DEVELOPMENT OF A CITY CODE OF ETHICS Whereas, thc ordinances and resuluttons of the City of Dubuque do not include any conq)rehcnsive, City-wide standards of ethius or statements on conflict of interest; and Whcreus, City officials and en~loyecs am incrc~ingly facing complex ethical issues and potential conflict of interest situations; and Whereas, Dubuque citizcus have the right to expect thc highest standardm of honesty, integrity and fairness from their City officials and employees; and Whereas, the City Council wishes to establish and maintain high ethical standards and expectations for all City officials and empioyeus; and Whcn~as, the City Council de~ires to establish an Ethical Policy Statement setting forth the exlx-.ctation and mqaircment for high etMcai behavior from all City govern- ment oficlais and amployeea; and Whercus, the City Council desires to have a Code of Ethics established for the Dubuque City government. NOW, TI~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following Ethics Policy Statement is hereby established for the officials and employees of the Dubuque City government: Ethics Policy StatemenL The proper operation of democratic govornmant requires that public officers, officials and employees ha impartial and responsible to the people and follow the highest standards of honesty, integrity and fairness; that govamment decisions and policy be made within the proper channels of the govcm- mental sUueture; that public office or public employment not be used for personal gain; that the public have confidence in the intesrity of its government and that no public officer, official or employee under.re any Regu. lar Session, October 7, 1991 40O activity on City ~ c~ while engaged in City business that is or givus the appue~uce of being imlX~l~, illegal ex immoral or that could in an~ way berm us embunms the City llovenm~nt or ite ultimns. 8ectlon 2. That in t~ogninm of the need for a City Code of Ethics, tbe Coqx)~lon Counsel and City Man~ ax~ be~by antho~ ~ directed to d~vulop and l~esent for City Council conalden~on · City Cod~ of Bthle~ for all City officers, cffic~als and en~loyues. Tbe purpo~ cf tbe Ced~ of Ethics is to establleh llutdelluc~ and standerda of conduct for all officers, cfflaluls and employ~ by settins forth those acts or actions that am incompatible with tbe hcet interests of the City and by directing disel~m~ by such office~, officials and employees of private financial or other inteceat in matta~ affueilng the City. Pussed, approved and adopted this ?th day of October, 1991. Jnmse E. Brady Mayor At. st: Mary A. Ikvis City Clerk Council Member Vcotbe~ moved edop- tion of ti~ Resolution. Seconded by Council Mamber Nicholson. Carried by th~ followths vote: yuss---Cuenull M~mbets Krug, Nicholsen, Pratt, VcotherL Nays--Mayor Brady, Council Member Dcich. Abuent--- Council Mambe~ Kinusuer. Ved~al pedtion of Coun~ Mtmb= l'nttt ~luusting f~hor d~cetion to st~ff invetonta~ aanexation cf "Mines cf Spain" property was presented for &scussico. Upon consensus, stsff was directhd to hold off process at this immediat~ time to ~cseaseh any ftmbur and put on "Hold". Communication of Corl~'atico Counsd persons fi-om p~misus whe~ ulcchol is sold, due to typographical error in Par~mph l, presented and ~ued. C0un~il Member Vuetherg moved that the coannanica~on be received and fried. Seconded by Council Mambe~ Nicholson. Cnnlad by the followin~ vote: yeas---Mayor Brady, Council Members Deich, Kfing, Nicholson, Pratt, Vuethat'~. Nays--Noue. Absent--Counc~l Member Kluesner. An Ordinance amcoc~ng Snctioa of the City of Dubuqan Cede of Ol'd~nances ptulfib~fing undcn~e pe~ous from cor~in premisus where ulcoholle liquor, wino or bus~ is sold by telling said sueaon and adopting in lieu thereof · new Section 5-7.6(1) prohihi~ng underage .l~S. oas ~ certain preadses whece alcohulic uquer, vane or beer is sold or dtspoused, ixesanted and rued, (OI~ICIAL PUBLICATION) ORDINANCE NO. 7%91 AN ORDINANCE AMBNDINO SECTION 5-7.6(1) OF THE CITY OF DUBUQUE CODE OF ORDI- NANCES PROHIBITINO UNDBR- AGE PERSONS FROM CERTAIN PREMISES WHERE ALCOHOLIC LIQUOR, WINE OR BEER IS SOLD BY REPEALING SAID SECTION AND ADOPTINO IN LIBU TttBRB- OF A NEW SECTION 5-7.6(1) PROHIBITINO UNDBRAGB PER- SONS FROM CERTAIN pREMISES WHERE ALCOHOLIC LIQUOR, WINE OR BEER IS SOLD OR DISPENSED NOW, THEREFORE, BE IT ORDA1NBD THE C~Y COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~inn 1. Section 5-7.6(1) of the City of Dubuque Code of Ordinances is hereby amended by repealing s~d section and adopting in lieu thcseof the following new Section 5-7.6(1): (1) It shall be unlawful for any ponon under the age for lawful porcbesc and/or possession of aiuctiolic bevemSes to cater or to rem~ln upon any lann~ses between the hoers of 9:00 p.m. and closlns where more than 50~ of the business conducted on such l~emlses is thc sale or dispousing of tiquc~, wine or bce. r, except us set fo~.h in Para- gmph 2. Section 2. This Ordinance shall tske effect immediately upon pobHcafion. Passed, approved and adopted this ?th day of October, 1991. James B. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the T~uh ~zr~ this 14th day of October, 1991. Mary A. Davis City Clerk It 10/14 401 Regular Session, October 7, 1991 Council Member Voetberg moved that this be considered tho first rending of the Ordinance, and that the mquisemont that a propo~d Ordinance be considered and vo~.d on fce passe~ at two Couec~. meetings l~ier to the meeting at which it is to be finally adopted be suspended and further moved final adoption of tho Ordinance. Seconded by Council Member Nicholson. Carried by tho following vote: Yeas--Mayer Brady, Council Members Dcich, Kfing, Nichoison Pratt, Vonthorg. Nays-None. Absent-- Council Member Kluesnet. Communication of Cmlx~afion Counsel submitting Ordincece segerding "Municipal Infr~tion~" which incorporates changes to the State Code, p~ented and read. Council Membe~ Vuntberg moved that the communi- cation be rec~ved and filed. Seconded by Council Member Nichoison. Curt'lcd by the following vote: Yeas--Mayer Brady, Council Members Krieg, Nichoison, Pratt, Vuntberg. Nays--Council Member Dcich. Absent--Cunncil Member Klecsncr. An Onfiunnce amending Sections 1-15, 1-6 and 1-17 of the Code of Ordinances by repealing seid sections and adopilng now Secilons 1-15, 1-16 and 1-17 hi llun thereof providing for "Municipal Infractions", presented and fund. (OffICIAL PUBLICATION) ORDINANCE NO. 78-91 AN ORDINANCE AMENDING SECTIONS 1-15, 1-16 AND 1-17 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 1-15, 1-16 AND 1-17 RELATING TO MUNICIPAL INFRACTIONS AND ADOPTING NEW SECTIONS 1-15, 1-16 AND 1-17 PROVIDING FOR MUNICIPAL INFRACTIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Code of Ordinances of the City of Dubuque, lowa, is amended by repealing Sections 1-15, 1-16 and 1-17 and enecting new municipal infraction p~ovisions in Sections 1-15, 1-16 and 1-17 in lieu theseof ns follows: Section 1-15. Definitions. (a) Mmic¥~'al infraction. Excet~ thoz= provisions specifically l~ovided under stale law as a felony, un aggravated misdemeanor, or a serioes misdemeanor or a simple misdemeuner under Chapters 687 through 747 of the Iowa Code, the doing of uny act prcbibtled or declared to be unlawful, an offense er a misdemeanor by the Code of Orcfinances City of Dubuque, er uny erdi- na~e or code berein adopted by reference, or omission er failtu~ to perform uny act or duty required by tbe Code of Ordinances City of Dubuque, er any ordinance or code herein adopted by reference, is u "manicil~l infractiun' and is punishable by civil penalty as p~ovided herein. (b) Offwer. Tbet~an "officer" challmeun any employee or official undic~ized to unforce the Code of Ordionune~ of the City of Dubuque. (c) Repeat offense. Thc term "reid. at offense" shall mean a recurring violation of the saxm section of the Cede of Ordinances. Section 1-16. Violadons, penalties, and alternative relief. (a) A municipal infiacfion is punishable by a civil Nencity ns provided in the follow- ing schedule, unless a specific schedule of civil penalties is provided f er specific offenses elsewhere in the Code. Schedule of Civil Penalties Fire offense - Not to exceed fifty dollars ($~o.00). Secqnd offense - Not to exceed uno hundred dollars ($100.00). AH other repeat offenses - Not to exceed two hundred dollars ($200.00). (b) Each day that a violadon occurs er is pennitted to exist by the violator constitutes a separate offense. (c) Seeking a civil penalty as unthmizcd in this chapter does not lX~ludo the City from seeking alternative relief from the corot in the same action as provided in Section 364.22 of the lowa Code. Section 1-17. Civil citations. (a) Any officer untherined by the City to enforce the Code of O~dinuncns may issue a civil citation to a person who commits a mucialpsi infraction. (b) The citation shall be served in a manner prescribed by Section 364.22 of the iowa Code. Regular Seeslon___.__~, October 7, 1991 Se~ion 2. Effeotive date. This Ordinance shall teko offoot upon puMica~ion. passed, aplnoved and adopted this 7th day of Octc~r, 1991. jmncs FL Bnuty MaCaw Attest: Mary A. l~vts City ~ published offi0ially in the Hera/d this 14th day of O~ober, 1991. Ma~ A. Davis City Clmqt it 10/14 Cquncil Member Vnctbe~ moved that this be considered tbe fu'at ~undtng of the OrdinanCe, and that the t~.qutrmm~t that pmpceed Ocdinun~ be conside~l and voted on for passage at two Council mcetlngs to tho meeting at which it ts to be finally adopted be suspended and further moved finsi adopgou of tbe O~djannce. S~-amded bY Council Membes Niohdunt~ Vote on tbe motion yam an follows: yncs *Maync Bnuly, Council Memben Fatng, Nici~bon, Prat, Absent--Connctl Iv~mber Iuu~ner. Me,on failed due to i~k of · 3/4 vo~. Council Mcmber Deteh moved to sider thu vote. Seconded by Conncil ldember Vuntberg. Canied by tbe fdlowin$ yens--M&~m~ Brady0 Conneil Membe~rs Deleh, K~eg, Ninholncn, Prat, Vnctberg. Nays--Nonc. Abecnt---Council Mmnber Council Mombm Voethe~ moved that this be considet~l the first seeding of the Ol~anece, and that tim esq~es~nt that st on for passage at two Council meetings l~ior to the meeting at wl-.tuh it is to be finally final adoption of tho Ordinannc. Secomied by Council Memb~ Vunthe~. Cauied by the following ve~: yeas--Muyer Brady, Council Members Deich, Kling, Nicholsan, Pratt, Vunthe~ Nays--None. Ab~nt--- Council Member Klncsncr. lng Council to review the pmpesed 1992 Legislative Ste~munLI and to coounr tn the final list to be sub~tted to fha Lengun of Iowa Mantoil~dities, Iaesunted and sead. Coun~t Mem~ Vunth~ moved that the 402 . Nicholson. C. mied by the following vote: Yees-=Mayo~ Brady, Council Members D~ich, Krlng, Nichdson, Pratt, Vcetber~. Nays---Noun. Absent--Council Member RESOLUTION NO. 319-91 Wbetm~, applications for Beer Permits have been subdued and filed te this Council for apl~ovel and the sam~ have been exam- ined and sppmved; and Wbemas, tho Im~ise~ to be occupied by such npplicents woe. inspected and f~.o~, ad ~ comply with the O~diunnces of this ~=~ty an have filed Im~per bends. NOW, THEREFORE, BE lT RESOLVBD ' THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That the Manager be anthertzed to cause to be issued the following nsm0d applicun~s · Bncr Penal CLASS 'C" BEER PERMIT Kopple's Market, Inc., Kopple's Market, Sunday Sales, 1099 Urdvmt~ CLASS "BE" BEER PERMIT Eagle Feed Canto~, Inc., HaSle Food Center #109, Sunday Sales, 200 S. Locust SU~et Eagle Feed Ceate=, Inc., Eagle Food Center #130, Sunday Sales. 1800 Elm Stseet Engin Food Centre, Inc., Eagle Food Cunter #320, Sunday 5ales. 2050 L F. Kermedy Road passed, approved and ad~pted this 7th day of October, 1991. ]atses B. Brady Mayor Attest: Mn~ A. Duvis City Cierk Council Member Ocinh moved adoption of the Resolution. Seconded by Council Membe~ Nicholson. Csn~ed by the following vote: yuns---May~ Brady, Conncil Members Dalch, l~ing, Nicholson, Pse~ Vootbe~. Nays--Non~. Abeont--Council Member Kl~sner. 4O3 Regular Session, October 7, 1991 Rli~OLUTION NO. 310-91 Wbe~, applications £0~ Liqune Uceusce have been submitted to this Council for · [~'OVal ~ tho ~ have []e4~n exa~d and aPlzoved: and Wberees, the premises to be occulded by such appllcents w~ insisted and funnd to comply with the Sta~ Law and aH City Or~nunces ralevan~ thereto and they Imve filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Thnt the Manager be authc~ized to cause to be issued the following nemed apl~icunte a l~quc~ License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Elaine Kelly, Coach House, Highway 20 Wust Kenneth L Love/Jamus P. Kohl, Grand Tap, Sunday Saies, 802 Central Marie Meelle~, Bierstube, 1301 Rhomberg CLASS "LEi' LIQUOR LICENSE Sid's Beverage Stem, Inc., 2727 Dedge Passed, nVgroved and adol~d this 7th day of Oc~cer, 1991. lames E. Brady Attest: Mary A, Davis City Clerk MINUTES SUBMITTED--Dubuque Metmpditen Area Solid Waste Agency of 6-26 EleC~cal Code Boasd of 9-16; Five Flags Commissiou of 9-16; Histmic l~.se~vation Commission of 9-23; Housing Co0~ Appeals Bcotd of 9-3; Human Rights Commission of 8-12; Park & Rec~allon Comndssion of 8-13; Police Rell~ment Board of 9-17; Zcuing Commission of 9-4, presented and ze. ad. Council Member Vnetberg moved that the minutes be ~.uived and filed. Seconded by Council Member Doich. Carried by the following vote: Yces---Ma~r Brady, Council Members Duich, Kr~eg, Nichclsou, Pra~ Vcetberg~ Nays~Noue. Absent--Council Member NOTICES OF CLAIMS/SUITS---Mask E. Bendle in esthnated amount of $155.82 for vehicle da~es; Brent E. Brown in amount of $109.62 for vehicle damages; Shannon Garrity in amount of $1236.66 for vehicle damagas; Elizabeth and Robert Gnaiser in amount of $874.45 for vehicle damages; Jena Naumun in ~tirrmted amount of $177.60 for vehicle danmge~; Dale and Rim Nclan in estimated amount of $263.67 for vehicle damages; Michael R. Sl~ung in amount of $26.25 fo~ vehicle damages; James T. Swceney in uslinmted amount of $382.23 or vehicle dam~us; Alfileda Mira'san in unknown amount for pe~oual injuries, presented and rand. Council Member Voutbe~ moved that the claims and suits be refun~i to the Legal Staff for invesilgailou and report. Seconded by Council Member Dclch; Cnrsied by the following veto: Yces--Mayor Brady, Council Members Deich/Kring, Nichelson, Prell, Voedierg. Nays--None. Absent-=Council Member Klananer. Commuuica~on of Donald Lan requesting Council to consider witbdrawin~ decision to annex the "Mines of Spain", presented and rend. Council Member Veetberg moved that the couunhdicafiou be received and filed. Seconded by Council Member Deich. Castled by the foHowlng vote: Yees~Mayor Brady, Council Members DUIch, Krleg, Nicholsou, Pratt, Vcetberg. Nays-None. Absent--Council Member Klneaner. Communication of Donald E. Brown, PostmaSter, submi~llng information rngasding local postal oPeration~, Presented and read. Council Member Voutbe~g moved that the oummuniceilon be received and filed. Seconded by Council Member Deich. Canled by the following vote: Ye. us--Mayor Bredy~ Council Members Doich, Krieg, Nicholson, Pratt, Vnetberg. Nays--None. Abasnt---Councll Member Kluesner. Communications of Cotporailon Counsel advising following claims have been refene, d to Crewford & Company, the agent for the Iowa CCommunifius Assurance Pool: false an~t ~laim of Cindy St~mlow; I~uck damage claim of Fireman's Fund lesurence Co., for thclr'insured, Myers Cox Co.; sewe~ backup claims (3) oflQ~eph and Beruiia Maas; car damage claim of Glen D, Reed; car damage claim of James T. Sweehey, presented and read. Council Member Voetherg moved that the conuunuicailons be received and filed. Seconded ~by Council Member Doich. Ca. ed by the following vole: Yem--Mayor B~ra~.y, Counci! Members Deich, K ring, N~chol~on, Pratt, Vo~the~. Nays-:-Noue~ Absent--Council M~reber Klneaner. Regular Session, October 7, 1991 404 Communicauton of ~tiou Counsel ~.onunendimt denial of ~imbnuornent clain~of IL Dean Rampson, Im~nted und reed. Council Member Voutberg moved that the communicaiion be received ned deuicl approved. Seconded by CouncU Member Duich. Canied by ~ha folinwing vine: yeus---Mayor Brady, CouncU Members Duich, Faielt, Nieholsoe, Pratt, Vuntherg. Nays--None, Absont~--coancU Member Klnesne~. Conmmniceflon of City Munqor submit- tins Financial Rolx~ for tim month of August, 1991, Im~ented nmi ~ced. Council Member Vo~the~ moved that tha mp~ bo received and filed. Seunndnd by Council Memhar Deieh. Can/ed by the following vote: Yeas--Mayor Brady, Council Members Duich, Kfiag, Nicholron, Pmtl, VnethatX. Nays--None. Absent--Council Member Proof of ~cafion, ~i~d to by the Pu~ch~, ~ No~ of ~ of ~ F~ Pint ~d Scheme ~ A~n~ ~st Be~fi~ ~s f~ &e ~s~ of C~ ~ ~ ~w~ ~on ~n ~e Ci~ ~ Du~q~, Iow~ ~ ~d ~. ~u~ ~m~ V~t~ ~v~ ~at ~e ~f ~ ~ ~ ~v~ ~d ~. ~n~ ~ C~n~ Me~ ~ch. C~ by ~ f~o~g v~: Y~a~ B~y, C~n~ Me~ ~i~, ~ag, Ni~ol~n, ~ V~t~. Nay~o~. Ab~nt~ ~m~ ~u~es. Petition of Ama Restdou~al Cam Founda- tion reqnesilng City to ~,ehiace a 10 fo~ wide utility cesemunt along the unnthesst bound- my line of Lot Five ($) of Block Five (5) in Birch Aems Subdivtdon, IX~Souted and Connoil Member Vo~ther~ moved ~ tha peililon be received and filed and xe fro'ed to the City Man~es und ruff, Seconded by Coundl Membe~ Deieh, Carded by tbo following vote; Yees--Meyor Brady, Council Memben De,ch, K_,iag, Nicbolsou, Pratt, Voetberg. Nays--None. Absunt=..Com~l Member Kinemer. Petitiou of David lneger, reqnesilng ~efund of $75.00 on unexl~nd Cigarette License, p~sunted and ~ Council Member Vnedierg moved that the rsfuud be approved and F/nence Director to issue proper ehech. See~dnd by Council Member Deich. Cmied by ~ha following vote: yans--Mayes Bzndy, Coundl Members Deieh, lC-tag, Nicholson, Pratt, Vcetberil. Nays--None. Abnent--Councll Member Klueaner. Communication of City Manager recom- moudiag accept~co of the contract for the 1991 Asphalt Paving Project, pmsunted and w~i. Couned Member Vcotbesg moved that the commuuicefiou be received and filed. Seconded by Council Member Deich. Can/ed by the following vote: yees---Mayor Brady, Council Members Deich, Krieg, Nicholann, Pratt, Vnetberg. Nays---None. Absent--Coundl Member Kinusner. RF~OLUTION NO. 321-91 ACCEPTING IMPROVEMENT Whe~us, the ~ontract for the 1991 Asphclt Paving Pmjunt has been oumpleted and ~bo City Munager has examined the wo~k and filed his c~flflca~e stating that the same has beun oumplelnd aneceding to the terms of the contra~t, plans and specifica- tions and recommends it acceptance. NOW, TI~REFORE, BE ff RESOLVED aY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~tlou 1. That the reneounendat/on of the City Mun~er be epproved and that said improvement be and the sane is hereby accepted. BE IT FURTHER RESOLVED, that the City T~sm~r be and h~ is hereby directed to pay to the conlractor from the Street Construction Fund in amount equal to the amount of his unnUact, less uny retained pen~ntage Inovided for therein. passed, approved and ndepted this 7th day of O~tober, 1991. Jun~s E. Brady Mayor At, st: Masy A. Davis City Clerk 405 Regular Session, October 7, 1991 Council Member Vcotber~ moved adop- tion of the Resolution. Seconded by Council Member Deich, Canded by tho following vote: Yeas---May~ Brady, Council Members Dulch, Kilns, Nicholson, Pratt, Vcetbe~. Nays---Noun. Absent---Council Member RESOLUTION NO. 322-91 FINAL ESTIMATE Whew~, tho conunot fer the 1991 Asl~ault Paving Project has been completed and the City Engineer has submitted ids final estimate showing the cost thereof incinc~ng the cost of estimates, notices and inspection und ill mi~elluneous costs. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thai the cost of sa~d iml~oVement is hereby deter~ned to be $236,236.15 and the said amount shall be paid from the Street Consm~ction Fund of the Oty of Dubuque, lows. Passed, approved and adopted this 7th day of October, 1991. Mary A. Davis City Clerk Snmes~Bredy M~ Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Dulch. Canied by the following vote: Yeas--Mayer Brady, Council Members Deieh, Faing, Nichulsmi, Pratt, Voctberg. Nays-Noun. Abscot---Council Member Communication of City Manager request- ing approval oftbe City of Dubequn's Fiscal Yem: 1991 Street Finance Repert, presented and read. Council Membe~ Voetber~ moved that the communication be received and ~ed. Seconded by Council Member Dulch. Carried by the following vote: Yeas--Mayer Brady, Council Members DCICh. Nichulson, Pratt. Voetbe~. Nays---Noun. Absent---Council Member Kluesncr. RESOLUTION NO. 323-91 RESOLUTION APPROVING THE CITY OF DUBUQUE FISCAL YEAR 1991 STREET FINANCE REPORT NOW, THEREFORE. BElT RESOLVED BY THE CITY COUNCIL OF ~ CITY OF DUBUQUE~ IOWA: Section 1. That thc Sue. et Finance Repert for the period July 1. 1990 through Juno 30, 1991 be and thc seine ts. hc~.by approved and that thc City Clerk is hereby authorized and directed to file said ~ep~t with the Iowa Department of Transportation. Passed, approved and adopted this 7th day of October, 1991. Attar: Mary A. Davis City Clerk James E. Bntdy Mayer Council Member Vcotber~ moved adop- *ion of the Resolution. Seconded by Council Membe~ Dcich. Canled by thc following vote: Yeas~Mayer Brady, Counofl Members Deich, Kfieg, Nicholson. Pratt, Voetberg. Nays--None. Absent---Council Member Communica~on of City Munngcr recom- mending to deny request of David I. WiRer to purchase Lot 130 in tho Lennox Addition as re~unsted on August 28, 1991. l~entnd and re. nd. Council Membe~ Vcotbe~g moved that the communication be mocived and fried and recommendation of denial approved. Seconded by Council Member Dulch. Ca~ried by thc following vote: Yeas~Mnyer Bnuly, Council Members Deich, Kring, Nicholson, Pratt, Voethe~. Nays--Noun. Absent-=Cconcil Member Khesnor. Communication of City Manager mquust- mg approval of a corm'act with the Iowa Department of Public Health for fuedinS to implement a project eri~inailng from the County Health Needs Assessment, p~snnted and retd. Council Member Vonthe~g moved that the communication be received and filed. Seconded by Council Member Deich. Canied by thc following vote: Yeas--Mayor Brady, Council Members Deich, K-icg, Nieholson. Pratt, Vcottxng. Nays---Noun. Absent---Council Member Klunsner. RESOLUTION NO. 324-9! A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUNDING OF LOCAL COUNTY HEALTH PLANNING PROGRAMS Regular Session, Dubuqoc County;. and Whesms, thn City of Dubuque asdm with coordination and input for the County Health Planning Committee in ccojunctico with other pu~e health lwofendonals and ngcodms within the county; and Wbe~, tim hewn Dei~unont of Pubiio Health him ~ted the City Hmilth funding of the proj~t, a copy of which is attached hereto. NOW, TI-H3REFOHE, BE IT RESOLVED BY *~1~ BOARD OF I-~ALTH OF THE CIT~ OF DUBUQUE, IOWA: Settlmi 1. That the attached County Health Fiunrdng cmitxunt between the Iowa Depemuent of Puliio Health and tho City of Dubequn, iowa is bemby approved. desisnec is he,by autitmtzcd and dizzied to ~ecute tho contruet mi behidf'of the City of Dubuque, Iow& Pessed, aplnOVed and adopted this 7th day of Octob~, 1991. James E. Brady Mayor Attest: Mat? A. Davis City Cledt Council Member Vcother~ moved adoption of tho Resolution. Seconded by Council Membes Detch. C. anied by the fallowing vote: Ye.~s--Mayer Bmdy, Counull Members Dcinh, IG-ing, Nichoison, Pratt, Vmitbe~. Nays---Noun. Ahscot---C. ounall Member Klunsnes. Communication of City Mannger sequew ins authesiuntion to publish No,co of Environmental Review findings fu~ the Engineering Dm Systems Cmixwatimi secoived and filed. Secmided by Counoil Membes De,ch. Omled by the fultowing vote: yeas--Mayor Brady. CouncilMembese DUlch, Krlng, Ninhulson, Pratt, Vcothe~. Nays---Noun. Ahsen~cll Member Kinesncr. October 7, 1991 406 RESOLUTION NO. 325-91 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF ENVIRONMENTAL REVIEW FINDINGS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT Whea~s, the City of Dubuque untesed into a Onmt A~mement fer th~ calendar year commcoulng Junun~Y 3. 1~91, With the U.S. Dopmtmeut of Housing and Urban Develop- ment iwoviding for financial assistance to thn City under TRIo I of the Housing and Community Davelopm~t Act of 1974, as Whereas, pursuant to the rules and resulntioue as promul~nted by the U.S. Depe~uent of Housing and Urban Develop- ment, un unvironraenmi review has been processed fer the hereinafter described to be financed with Community Development Block Grunt funds; and Whereas, an ad hoc Environmental Revinw Committee, mi September 25, 1991, has, after dun consideration, made a dnteamtnatico thnt the project is not & major federal, action significantly affecting the .qualify of the human covtrmmcoc NOW, THER]~ORE, BE lT RESOLVED CITY COUNCIL OF TItB CITY OF DUBUQt~ 10WA: SUeUoo L Tlmt thn City Cielk be and shn is be~by nuthofiznd and dh~ted to publish a Notice of Finding of No Significant Effect on tho Environment for thn following idunil- fled project, undto mshe the Environmental Review Rectal fo~ said project &reliable for public inspection. Such notice shall be in the form of Exhibit "A" atteched hereto and nma~ a pe~ he~eof: Engine~lng Data Systems ~timi Settlmi 2. That the City Council of the City of Dubuque beseby declazus its intent to adopt a zesointion ut its meeting of October 21, 1991, authesi~ng the submission of a sequest to thn U.S. Depagment of Housing and Urban Development to undertake the Passed, aPlwOVed and adopted this 7th day of October, 1991. Jan~s E. Brady Mayer Attest: Mary A. Davis City Ciesk 407 Regular Session, October 7, 1991 Council Meml~' Vcotherg moved ndop- ilon of the Re.solution. Seconded by Council Member Deicb. Carried by the following vote: Yeas~Maym-B~dy, Council Members Deich, l~ieg, Nicholacn, Pratl, Vnetberg. Nay~.-None, Abeent--Council Membea- Klnesne~. During Pubilc Input portion at lhu end of the reguinr meeting, Dave Hartig addressed the Coundl rega~dlng proposed zoning on the Northwest Arterial and requesting dirnetico from Long Range Planning Commission ~ to prop~ed plans for area. There being no furtber business, Council Membe~ Voetberg moved to adjourn the meeting. Seconded by Council Member Pre~ Carried by the following vote: Yea~--Mayor Brady, Council Member~ Deich, Krieg, Nicholson, Pratt, Vnetberg. Nays---None, Ab~ent--Council Klnesner. Meeting adjourned at 12:18 a.m. October 8, 1991. Mary A. Davis City Clerk 1992. Council Membe~ Board of Health, October 21, 1991 408 ClTY OFDUBUQUE BOARD OF HEALTH QUARTERLY MEETING Bosrd of Health, Regular Qmmerly Meeting, October 21, 1991. Board mot at 7:25 p.m., Public IAbr~-y Aud~toflum. Present: Chahperson Brady, Board Me. mbe~ Deich, Kluesne~, IG'ieg. Nicholsou, Pratt. Absent: Board Member Voetherg. Chalrpers0n Brsdy rend the call ~ud s ' this se~sionis the Regular Qua~rly of the Board of Health called fo~ the put. se to act upon such business which may prop- erly como befc~e the Board. There being no b~iness, Board Member Pratt moved to adjourn tho meeilng. Seconded by Board Member Klnesner. Canied by the following vote: Yeas-- Chairpe~on Brady, Board Members Deich, Kluesner. Krieg, Nicholson, Pratt. Nay~---Ncou. Absent--Board Membe~ Voetbeq~. Meeting adjourned at 7:29 p,m. Mary A. Davis Approve, 1992. Board Members Regular Session, October 21, 1991 410 4O9 Regular Sssslon, October 21, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Bngcl= Se.ion, Octobez 21, 199t. Council rn~t at 7:30 o'clock p.r~, Pubtio Library Auditorium. Present: Meyer Brady, Council Members Deich, Klueseer, Kring, Nichoison, Pratt, City Mannge~ W. Kenneth Gearhart, Corpo- ration Counsel Bany A. Lindcld. Absent at Roll Call: Council Member Vuntbe~. Mayor Brady ~v. ed thc call and stated this is the Regcl~r Monthly Meeting of the City Council called for the purpose to act upon such business which may prcperly con~ before the Council. Invocation was ~iven by Rev. Linde Bibb, Pastor, Faith Ucltad Methodist Church. PROCLAMATIONS--Week of Cotober 21-17 asa "Meet Your ledges' Week" ~- eeived by Dick Westzberger, desigunilng week of October 21 ~ 26 os "App~ciation Made by tho Gannon Center for Community Mental Health" ~ived by Ganoco Center Dimctc~ Howard Baxton; November 2 as "A.B.A.T.E Toy Ride Day" received by Kelly Boyee; October 19-27 as "Red Ribbon Week" iv~dived by Washingtou Jr. High students. Shirley Slrub In, sunred gifts from Australia. Council Member Voetberg entered Chambers as 7:50 p.m. Council Member Kluesanr moved that the rules be suspended to allow anyone pmasnt to address the Council if they so desire. Seconded by Council Member Nicbolson. Carried by the following vote: C~ded by the foilowing vote: Yeas--Meyer Brady, Council Membexs Deich, Riuesner, Kfieg, Nicholson, Pratt, Voetberg. Nays--Noun. Proof of Pubilcailon ceflified to by the Pubilshur on Noilee of Public Heating to conside~ l~"Aasstfying property located at 3328, 3350, and 3360 Center Grove Drive feem LI to PI District; Petition of Jam~s Gamz, President of Lime Rock Springs Co., Inc. objecting to ~ zoning reclassi- flcntion; Copy of peililco from Edward J; Zulazulk objecting to ~zoulng request for property located southwest of the intersoctico of Cedar Cross Road and Conte~ Grove Dfiza; Humane Society objecting to re- quested zoning change; petition of Bonanza Restaurant at 3350 Dodge Street objeeilng to reclassification request; Petition of EIn-e.r Bulkhs~ objecting to rearming, presented and iv. ed. Council Member Klunsne~ moved that the proof and petitions be received and filed. Seconded by Council Member Nicholson. Caniod by the followin$ vote: Ynss--Mayns Brady, Council Members Deich, Ktuesanr, Kriag, Nicbolson, Pratt, Voetberg. Nays--None. Ken Bussing explained what the peil- tioeers have reqeeste& Mark Sullivan, Atteotey on behalf of Gary Pfab, spoke to the proposed Ordinance. John Van Duyn objected to proposed rezoning, Richard Brown agreed with Jim Gantz stated no problem with the way it is. Richard Burkurt stated it should not be n~zcoed, An Didiounca an~nding Zoning Ordi- annee by reclassifying peepeflins ioceted at 3360 Conte~ Grove Road from LI Light Industrial to PI Planned Indttstfiai Dis~ct, said Ordinance having been presented and ~ed et thc Council meeting of 9/16/~1, presented fo~ final actioo. (OFFICIAL PUBLICATION) ORDINANCE NO. 79-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A OF THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA BY RECLASSI- FYING HEREINAFTER DESCRIBED PROPERTY AT 3360 CENTER GROVE ROAD FROM LI LIGHT INDUSTRIAL TO PI PLANNED INDUSTRIAL DISTRICT Whereas, the City Zoning Commission has studied and held hemings on land use and zoning for cefluln prope~ies along Center Grove Road; and Wberea~, the Zoning Commissio~ has found that the existing use and expansion of that use in said area for indastfiul purposes should be protectsd and promoted provided that the adverse impacts of such induslficl development n~y be reduced to a rclelmun~ and Whesuns, tho :Zoning Commission has detmnio~d that ~be PI Planned ind~Uid District provides thc standards fee epprovcl necnssasy to allow and con~rol indnst~l development of said ~ to thc public In~t; and Whes~cse, the Zoning Commission bes approvud a PI Planned lndnstticl DisUiot classiflcetion for ettd ama subj~ot to mended tho 0on~mvunce oftha City in agprovcl of seid ~elnssific~tion; and Zoning Commission and has held its own public heMiog ou tho nmtte~, and Whereas, tbe City Council ccocms in the findings and reeommundelion of thc Zoning Commission and has aplnovud esid ~eclasst- flcetion sub, ct to. the same ~'ifle ounditiem and restrictions. NOW, TI~REFORE, BE ff ORDAINED BY ~ CrI'Y cOUNCIL OF ~ CITY OF DUBUQUE, IOWA: Seetlm 1. Thnt the Code of O~ianncns of the City of Dubuqu0, lowa be amended A_ .of O~dinanee of ~be City of l~onuqun, no y n~elassifying th~ following de~ibed in. ny Imown as 3360 Con~r Gzave Diive fzom LI Light ludns~icl to PI lqunn~l ludnstr~ Dis~e~ to wit: All of Lots ~, ;19 and 30 in Contes Orove Addili~ to the City of DobIXqee ~xeept tho East g~ feet the Noflh 175 feet. Secflco 2. That in nsder to accomplish the purposes of tbe PI Planned IndnsUtcl DisUiot and of the Zoning ~, the ~ hcsein above desolbod be subject to the following conditions and ~estsicilons: A. ~ ~ following ~gclmions shall apply to all uses made of land at 3360 Center Grove Diive: (D Gunnel offiees, wesubouring und stoF~e fa~litins, auto sul.vqe nilmad and public or qnsm public uunans, including su~ta~ons provided such use conforms with Sanlion 3-4.3 PI Plannsd ludunuicl lYauiot of tbo ~oclng O~annce except as wevtded hereafter. (2) The auto selvnge business Inc- vioasly existing on il~ effcotive date of this Grdiann~ shall be permitted and mey be vided that nil operetions including outdour sterne of eslvage iltln vehicles, of the subject auto sclvnge business shall occur indcor~ (3) Existing uses may be sold or leased provided dmt th~ ~ow use is not an of the ~ur~nt operailon except thet, such anw uses siudl be ~ivun the same expunsion ol~Oflanltins undes this Ordinance as the osigJnsl industry p~:~ding iL B. ~' Any existing nsc ~-.qunsfing alteration ur modification in a st~etu~ or usc which would ~c~u~c the provision of additional off-stseet p~rking spaces or lot ese~ or any new use requl~ng construction or s~'uctural additions to existing uses, shall n~cl~ nn eppsevud site plan prior to any ccosUuettou ~c~ivity, including site pseparetico. C. Lot and bulk u. hitions; Dcvcl~ meet o~ules PI Plannco lndestdcl Dis~ct shidl be ~gcleted as follows: (1) All devclopmunt pereeh shell yard setback of seventy-five (75) feet. (2) Building and stmdiuro heights shall be Jimi~d to fifty (50) feet. Antonns~, onnununication towm, polio utilities, etc. shell be exempted from those height pro- visions. (3) Screening consisting of live nmtc~els shall be provided along Center Grove Drive and the western properly boundm? of Center Grove Addition and the boundaries of the salvage business. D. Additional standards. O) All now and/or udditioucl operations end activities shall be coudncted or mclnudeed within completely enclosed bulldin~ exeept: (n) Off-sUeet l~rking, leading and unloading a~s, stoesge veyors and displey and/ur ston~e of vehicles with ele~ titles. 411 Regular Session, October 21, 1991 Ou~dooc storage of mate- rials, vehicles with salvage titles and equipment, a~ spedfically ixuinl~ted and all storage of mate~ials, v©hteles with salvage tides* and equipment must be within a buitdiag. Employee recreational fadlities. (2) Off-sueet parkiag shall be provided by either: (a) 1SlmCe per 2,000 sq. ft, of gross flonr ~ for aH enclosed buildings; or (b) I space per each employee em~oyed on site on a maximum work shift, whichever is g~ater. Off-street pad~ 'ng may be pro- vided on site or within 300 f~et of the use it (3) Signagn shnlt be limited to one free-staediag or wall-mounted sign per each 100 feet of lot frontage, not to exceed two signs ]po' indns~inl uso. Sign area shall not exceed 100 sq, ft per sign. Di~cfi~oui signs shall not exceed six sq. ft. per sign. No maximum number of dire~fiouui signs is established. F. Non.confomdn~ mos. Any uses or conditi~ considezed to be non- conforming' on the effoedve dale of this Ordinance, that um not made conferring by eonforn~ag smtns until such time diat clmngns ~'e made to alleviate the conditions c~uzing the non-oonformity. G. T~tosfor of ownersh~. Any transfer of own~='~p or lease of Property at 3360 Center Grove Drive shall include in the transfer or lea~ agreement, a ptovisinn thai the putelmser or lessee acknowledgns awareness of the conditions authorizing the estebli~hment of ~ specific PI Planned ledust~ui District, Passed, at)proved zmd adopted this 21st day of October. 1991. James E. Brady Mayor Attest: Mary A. Davis , City Clerk Published officially in tho Telegraph Herald this 31st day of October, 1991. Mary A. Davis City Clerk It 10,r31 · Council Member Klnosner moved final adoption of thc Ordinance, as amended, with tos~ctions as by Zoning Commission with cinfific.,dion that only vehicles with clear title shall be stored outzide, Seconded by Council Member Ni~holson. Carried by the following ' vote: Yeas--Mayor Brady, Council Members Duich, Kh6sner, Faleg, Nlchoison, Pratt, Vontber& Nays~None. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider reclassifying prepares at 1105- 1155 Lores Blvd. from C-I to C-2; petition of Leonard R. & Dorothy H. Krnse ~lUest- lag not to allow rezohiag; petition of M~k Rattenmuier x~que~ting Counoll to consider tabling this issue un~l proposed zeroes rewrite is ratified, in, seated and read. Council Member V~tbe~x moved that thc proof of publication and petition be received and filed, Seconded by Council Member Nichol~on. Can-ied by the following vote: Yeas=Council Members Ddich, Kincsnor. Nichnlsou. Pratt, Yeetbe~g. Nays--Mayor Brady, Counuil Member Kfing, An O~diannce nmunding Zoning O~i- nance by ~ocinssifyiag properties located at 1105-1155 Loras Bouievani, from C-1 Neighborhood Co~ District to C-2 Neighborhood Shopping Center DisUict. said Ordinance htvin8 been F~sonted and ~d at the Council meeting of 9/16/91. presented for final action. Council Member Veetberg moved thai this O~diannce be t~bled until C-I and C-2 has been reviewed and ~- written. Seconded by Coundl Member Nichol~on. Carried by the following vote: Yens---Conndl Members Deich, Kinesner, Nicholmn, Pratt. Voediorg, Nays---Mayor Brady, Council Member l~dng. Communication of Zoning Commission advising of their approvui to rezone pmpes~s at 2307 and 2327 C. eat~ui Avenue from C-4 to C-3, Presented and t~od. Council Member Vontberg moved that the onn-anuni- cation be recuived and filed. Seconded by Coundl Member Kluesner. Carried by the following vote: Ye~---Mayor Brady, Regular Session, October 21, 1991 412 Council Metal.s Deich, IOneaner, Kflag, Nicholson, Pratk Vontber~. Nays=None, An O~dinun~ antendln$ Zoning O~i- 2307 through 2327 Ornttal Avenue imm ~ Downtown Cmmmst~al DisUict to C-3 Gensol Conm~tdui District, pms~nled and this be coasiden~ the first tendin$ of Or~unnce, and that the ~quixemunt that a to the meetiag at which it is to m nnauy ndopted be suspended and fmth~ moved that a public healing be held ou the prepaid Ordinunce on the 4th day of November, 1991 at '/'~0 p.n~ in the Public Library Auditorium and that the City Clark publish notice in the manner prescribed by law. Seconded by Council Membes Kinesner. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khesner, Krinli. Nicholson, Pratt, Vonthorg. Nays--None. Commtmic~ion of Zoning Commission advising of their approval to t~ezoue WoW at~ies located at the Horthwnst Corner of Asbory Rend and tho No. west from AO to C-$ GenoM Commercial Dis- utct consistin$ of 2.75 ~s unly of ti~ 30 Memb~ Vnotber~ mo' cation be ranetved nnd filed. Seconded by Coonuil Maml~t Nichdson. C. anied by tho followiag vote: yean--May0~ Brady, Council Members Duich, IOueanes, Krleg, Nicholsou, Pra~ Vcetberg. Nay~-None. An O~dinance amundiog ~ohiag O~t.- f loceted at me nnoce bym'.lessl yin~Prelte~Y2 _ . Northwest Con~ of Asbury Ke~ ann me No~hwest A~fial, from AG A$fieuitural to C-3 Goeerui Comme~iui Disl~ict with Member Veetber~ moved that this be conside~l the fret tending of tho Ordinance, and timt tho mqui~mant that a propo.s~d Ordinance be onnnlde~l and voted on tar at twom ti.g, ior nS at which it is to be finally suspanded and fu~er moved that a h li be behi on die Ordinanee on ~ 4th dny of Novernoer, 1991 at ?:30 p.m. in the Public Libnw/ Audttodum and ti~t the City Ciedt peblish notice in tbe manner lgeserined by law. Seconded by Council. Mambes Ni_ch~s~on. C~'fied by tho foHovoag vote: Yees--~ yor B~ady, Coondl Membe~ Deich, Klnoseer, Kring, Nicholunn, Pratt, Vontberg. Conununtcetion of Zoning Commission ~dvising a tie vote wns received reliar&ng rezouiag ~uest for l~l=er tYInoated at 1896 ~ f~orn R-2 to OR. thumfore action is comide~d a denial, lxesanted and ~ead. Counoil Member Vonil~rg moved that tho communic4~iun be ~ived nod filed, Seconded by Council Me~ber Nicholson. c ed by followiag Brady, Council Members Dteon, wans , Krieg, Nicliolson, Pratt, Voetborg. Nays---None. An Ordinance amundin$ Zoning Ordi- nunco to mcisseify Propesty located at 1996 Delhi Street from R-2 Two-Fan~ly Residon- tiui Dis~ct. to OR Office Residential DisUic~, present~t and res& Coundl Member Vonthe~ moved that this be considered tha f~st ~liag of ~e OrdnanCe, and that tha reqnlren-ent that a proposed Ordinance be considered and voted ou for pass~e at two Council m~tings Prior to the w.e~ting at which it is to be finally adopted be suspended and further moved that a .public hesxiag be held on the proposed Ordinance on thu 18th day of November and that the City Clerk publish notice in die manner Member Ntcholton. Canine ny me roue vote: yeas--Mayor Brady, Council Members Deich0 Klansner, Y, ziag, Nicholson, Pratt, Veetberg. Nays--None. Cormnuuicetion of City Manager recom- mending to vacate an unused 10 font wide utility eaesntent along tha souflteasterly side of Lot 5 of Block 5 of Birch Acres, as re~unsted by Atea Residential Care Facility, nod sat the matter for a pablic hearing, p~santed and read. Council Member K~eg moved that the communication be received and filed. Seconded by Couuuil Pratt, Canind by the followiag vote: yens--Mayor Brady, Council Mcmb~s Duich, IOuesanr, Kfie~, Pratt, Voetber~. Nays---None. RESOLUTION NO. RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE AN UNUSED 10 FOOT WIDE uTILITY EASEMENT IN LOT 5 OF BLOCK 5 IN BlRCH ACRES SUBDIVISION Wbe~, A~a Residential Care is the current owner of a 10 foot wide utility easement in Lot 5 of Block 5 in Birch Ac~es Subdivision; nod Whesees, A~a Residantinl Care has petitioned to vacate an unused 10 foot wide utility eesement in said lot, 413 Regular Session, October 21, 1991 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Setiima L That the City of Dubuque, Iow& intends to dispose of its intereat nad vacate an unused utility easement in Lot 5 of block 5 in Birch Acres Subdivision. Secllon 2. That the City Cierk be and is hereby authorized and directed to cause a notice to be published as presclibed under Section 364.7 Code of Iowa, 1989 or as Passed, approved and adopted this 21at day of October, 1991. Ian~s B. Brady Mayor Attest: Ma~ A. Davis city Clerk Couecil Member Kfie8 moved adoption of the Resolution and further set it for heating on November 4, 1991, at 7:30 p.m. in the Public Libra~ Auditorium and that the City Clerk publish notice in the manner prescrthed by law. Seconded by Council Member Pratt. Canted by the following vote: Yeas~Mayor Brady, Council Members Deich, Klecsner, Kfieg, Nicholson, Pratt, Vuethe~8. Nays~Noue. Cormmmicatian of City Manager racom* mending to grant a 20 font wide esnitsry sewer easement to Rastamant Assueiates, Inc., (Arby's) lecatnd on John F. Kennedy Reed and set the matter for public burning, presented and read. Council Member Pret~ moved that the communication be received and filed~ Seconded by Council Member Kluesner. Cnnied by the following vote: Yeas--Mayor Brady, Council Members Dnich, Kinesecr, IG-ie8, Nicholson, Pratt, Voatberg. Nays---None. RE~OLUTION NO. 3:27-91 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN REAL PROPERTY BY GRANT OF BASEI~ENT Whereas, the City of Dubuque is owner of Lot 2 of 2 of 2 of Westview Shopl~ng Center Place in the City of Dubuque, Iowa; and Whereas, Restaurant Associates, Ire., have ~quested a 20 font wide Pelpemal sanita~ sewer easement over and ecloss the property as described in Exhibit A, auacbed he.to; and Whereas, the terms and condilions of this sanitary sewer easement agreement are set forth in the grant of sanitary sewer easement and plat pr~ by HW Enginem's and Surveyors, Inc., also attached hereto, and tncorlxxated hesein by reference; and Whereas, the City CouncO of the City of Dubuque, Iowa has determined that the grant of sueitaty sewer easement should he aPl~oved, NOW, TIUBREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section L That!the City of Dubuque intends to execute a perpetual sanitasy sewer augment and approve the plat of said easement in Lot 2 of :2 of 2 in Westvtew Shopping Center Place in the City of Dubuque, Iows. Seollon 2. Tliat the City Ciei'k iS hereby directed to publish notice/of the date, time and place Of tho public hearing on~ the proposed sanitary sewer easement agreement. Passed, approved and adopted this 21st day of October, 1991. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution and furth~ set it for public hearing on November 4, 1991 at 7:30 p.m. in the Public Lib~-y Auditorium and direct the City Cierk to publish notice in the manner prescribed by law. Seconded by Council Member Kluesner. Canied by the following vote: Yeas--May°r Brady, Council Members Dnich, Kinesuer, Kriag, Nicholson, Pratt, Voetberg. Nays---None. Communication of City Manager recom- mending to sell and dispose of Putt of the west 126 feet of Lot I of Summit Addition at the comer of Delhi Sue, et and Fone~t Lane as ~.quested by D.A.L. Building Corporation, pre,anted and l~d. Cour~il Member Voetberg moved that the convauni- cation he received and filed. Seconded by Council Member Nicholson. Carded by the following vote: yeas-'Mayor Brady, Council Memher~ Ddch, Kluasner, Kring, Nicholson, Pratt, Vontherg. NayS~Nane. Regular SesSion, October 21, 1991 414 RESOLUTION NO. 328-91 RESOLUTION APPROVING PLAT OF PROPOSED LOTS A & B OF SUMMIT ADDITION IN THE CITY OF DUBUQUE, IOWA City Council of the City of Dubuque, Iowa, a plat dated S~ 17, 1991, 1~ by IIW Engiue~ts & Surveyo~, P.C., descfibln{ the ~ subdivision of the westerly 126 feet of Let I of Smnmit Addition in tho City of Dubuque; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, TI{EREFORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sullen 1. That the plat dated Sup~mber 17, 1991 prelxued by IIW Engineers & Stuveyora, P.C. relative to the ~ estate hereiuehove described be and the same is hereby approved, and tho Mayor and City Clerk be and they ara hereby anthmized and directed to execute said plat for and on behalf of the City of Dubuque, low~. Seollon 2. The City of Dubuque reserves unto itself u perpetual casement inciading the rillht of in. ess ued egness thereto, for the propose of erecting, installing, consUucting, reconstrucllng, repalfiag, owbing, opesetlnS, and maintaining wat~, sewer, drainage, 8as, telephone, tv. cable, and niectsie lines as may be authorized by the City of Dubuque, Iowa, as shown on said pinL Se~inn 3. That the area incinded in Lot A of Summit Addition be and ia he.by dedicated to the public for roadway and utility purpeecs. Sullen 4. That tho City Clerk'be and is hexuby authorized and directed to file said plat and certified copy of this Resniullon in tho office of the Recorder, in and for Dubuque County, lows. Passed, -.i,l,~oved and adopted this 21st day of Octobur, 1991. Attest: Ma~y A. Davis City Clerk James E. Brady Mayor Council Member Vontherg moved adop- tion of the Resolution; Seconded by Council Member Nicholseo. Cmind by the foilowinll vote: Yeas---Mayor Brady. Council Memhers Deich, Klanmer, Kring, Nicholson, Pratt, Vuetberg. Nays~Noue. RESOLUTION NO. 329-91 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN LOT B OF SUMMIT ADDITION IN TltE CITY OF DUBUQUE TO D.A.L. BUILDINO CORPORATION Wberean, the City of Dubuque is the current owner of Lot B in Summit Addition in the City of Dubuque, Iowa; and Wbureas, the adjacent property owners, D.A.L. B nilding Corperation, have petitioned to pt~cbuse said lnoperty from the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY Tt~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectinn 1. That the City of Dubuque, Iowa intends to dispose of its internist in LOt B in Summit Addition to D.A.L, Building Cmporadon. Sullen 2. That tho conveyance of the City's interest shall be for tho sum of $4,170.00 l~US publication and filing fees. Se~lon 3. That the City Clerk he and is hereby authorized and dL-~cted to cause a notice to he published as preseribed under Section 364.7 Disposal of Properly, Cede of ~ 1989, or as amunded. Passed, nFproved and adopted this 21st day of Octoher, 1991. James 1~ Bmdy Mayor Attest: Ma~y A. Davis City Clerk Council Member Vuetberg moved ndol>- tion of the Resolution and further set it for public hasting on November 4, 1991 at 7:30 p.m. in tho Puliic Library Audit~rfium and directed the City Ciedi to publish notice. Seconded by Conned Member Nicholson. Cartled by the following vote: Yeas---Mayor Brady, Council Members Dolch, Khieanet, IOing, Nicholson, Pratt. Voetherg. Nays---- Commueication of City Manager submit- ting decumeats providing for tho bidding lnecedases for the 1991 Sidewalk Con- strucfian Prngram; Equestrian Heights Subdivision #1 and #2, Sunset Park Subdivision #4 and Clask~ Crest Estates 415 Regular Session, October 21, 1991 Subdivision, preann~l and read. Council Member Klueanar moved that the ~.rannl- cation be received and filed. Seconded by Council Member Pra~. Canied by the foliowtn~ volta Yces -Mayor Brady, Councli Members Deich, Kluesner, l~ie~, Nicholson, l~tt, Vcetbarg. Nays-~None. RESOLUTION NO. 330-91 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RESOLVE1) BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tbe proposed plans, specifications, form of conmu:t and estimated cost for the 1991 Sidewalk CunsUucfion Program; Eques{~ian Heights Subdivision #1 and #2, Sunset Park Subdivision #4, and Clarke Crest F~a~s Subdivision, in the estimated amount of 534.406.99, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 21st day of Oc~, 1991. Attest: Mar~ A. Davis City Clerk James F~ Brady Mayor Council Memb~ Kluesner moved adep- tion of the Resolution. Seconded by Council Membar Pratt. Cmied by the following vote: Yeas--Mayor B~dy, Conncll Membe~ Doich, Kluemar, Krieg, Nicbolann, ~ Voetbe~. Nay~--None. RESOLUTION NO, 331-91 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, tho City Council of the City of Dubuque, Iowa, has given its Inulimimuy approval on the proposed plans, spuoifi- cations, and form of conUact and placed same on ~e in the office of the City Clerk for public inspection of the 1991 Sidewalk Construction Program; Fxtuash'ian Heights Subdivision #1 and ~2, Sunset Park Sub- division #4, and Clarke C~st Estates Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the lgth day of November, 1991, a public beating will be held at 7:30 p.m. in the Public Librar~ Auditorium at which time interested persons may appear and be heard for or against thc proposed plans and spuclfi- cations, form of contract and cost of said improvement, and the City Clark be and is hereby di~cted to cause a notice of lime and plac~ of such hc~ing to be published in a newspaper having general ~nlafion in the City of Dubuque, Iowa, which nolice shall bo not less than four day~ nor mo~ than manty days prior to tho day fixnd for its eonsideration. At the hearing, any in~res~od ~rsun way appear and file objeclions to the proposed plans, ~peclfice~ions, onnm~t, or estimated cost of tbe improven~nt. Passed, adopted and approved this 21st day of October, 1991. AHest: Mary A. Davis City Clerk James E, Brady Mayor Council Member Kluesnar moved adop- tion of the Rcsolulion and further moved that it be set for public heating co November 18, 1991 at 7:30 p.m. in the Public Library Auditorium and that the City Clerk be directed to publish notice iu the raanner prescribed by law. Seconded, by Council Member Pratt. Carried by the following vote: Yans~Mayor Brady, Couucil Members Deich, Kluasner, ICdoS, Nicholson, Pratt, Vcetberg. Nays-None. RESOLUTION NO. 332-91 RESOLUTION OF NECESSITY Wbereas, proposed plans have been duly ~epu~d and approved by the City Council of the City of Dubuque and are now on file in the office of City Clark showing among other things the plans, specificefioas, form of con~act, e~timated coat and preliminary plat and schedule showing the aroonnt proposed to be assessed against each lot and the valuation of each lot as ~ed by the City Council, for the 1991 Sidawalk Construction Prosram; Equestrian Heights Subdivision #1 and #2, SunSet Park Subdivision #4, and Clarke Crest Estates Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tho City Council deems it advisable and necessa~ for the public welfem to make the herein mentioned improven~nts, and unless property owners at the time of the final consideration of this proposed Resolution have on file with the City Clerk Regular Session, October 21, 1991 objeclions m ~be Res~ulion of N~, ~d do~ ~ ~ ~ mo ~ m~ s~B~B~ w~h haw ~ ~v~ by S~t Cms~m Fu~, ~d wben a ~t ~ ~n ~ ~d ~e a~ve Ro~u~ w~ iu~u~, {~s E B~Y May~ A~t: M~ A. ~vis y~Ma~ B~y, ~an~ Mem~ V~t~. Nay~N~e. ~OL~ON NO. 3{~-91 ~NO DA~ OF ~O ON Su~Vhiou ~ ~d ~ Sunmt ~k Su~v~ion; ~d 416 introduced and is now on file in the City Clark's office for public inspection. NOW,'rI~R~ORE, BE IT RESOLVED BY THB CITY cOUNCIL OF THE cITY OF DUBUQUIL IOWA: on the lSth daY of Novcmbar, 1991, That ' lock p.m. m u~ , ~ity of Dub~xlue at which ~ the owners of pmp~ subject to assessment fc~ the and be heard let or a~ains the impmvan~nt, the boundaries of the district, the cost, the assnssn~nt against any lot, o~ the fiual edoption of a Resolution of Necessity and the City Clerk be and is h ~. .nthorl~d and di~ted to cause a e~.~y -;~_- ..,t niace of such heating to be published in a newspaper h.aving gc.n_arai circnlalion in the City of Dueuquc, wwa, which .lice shall be published, °u~e e~sht week for two conseonlive wan~s, tteublication of which shall be no~ less than n days pric~ to the day fixed for its · J--,~ Unless m~arty owners at the limo of fl~ final coosl~ra~on ~pr~otv Cised Resolution have on file with the. ark objeclions to the Rnsolulion o, Ne~nsalty they shall be deemed to have waived all objections theseto. Passed, adopted and approved this list day of October, 1991. Iamas E. Brady Mayor May A. Davis City Cl~k Council Member Kiuasnar moved edop- ion of the Resolution. Seconded by Cour~il Member Pra~ Ca'nd by th~ following vote: yeas~Mayor Brady, Council Memb~a Deich, Kluasuar, Krieg, Nichnlson, Pratt. Voetbe~g. Nay~--Nune. RESOLUTION NO. $34.91 REsoLUTiON APpROVINO PRELIMINARY SCHEDULE OF ASSESSMENTS NOW, TII~REFOHE, BE IT RESOLVED BY THE CITY COUNCIL OF THE cITY OF DUBUQUE, IOWA: That tho atteche~i shcots, 1 to 1 inclusive, a~ hereby datemlined to be tho ~hedule of inoPosed assoapnonts fo~ the 1991 Sidewalk Subdivision #1 417 Regular Session, October 21, 1991 division *?4, and Ciarkc C~st Estates Subdivision and the valuations set out harcin a~ he~chy approved. Passed, q~mved and adopted this 21st day of Octob~, 1991. Att~t: Mary A. Davis James I~ Brady Mayor Council Member Riuasner moved adop- tion of the Resolution. Seconded by Council Member Pratt Cunted by the following vote: Yans~Mayor Brady, Council Members Dnich, Klueaner, Kfiag, Niabolson, PraR, Vmttherg. Nays--None. · Communlcation of City Manager ~quest. mg anthodty to spend additional monies, in the estimated amount of $21,420.00, to expund the po~ deck at Flora Park Swimming Pool, presented and ~d. Council Member gluasner moved that the communi- cation be received and filed and expendisu~ aPlgoved. ~ed by Council Member Pratt Caxried by the following vote: Yeas--Mayor Brady, Councti Members Dalch, Riuemer, Kring, Niobulson, Pratt, Voetberg. Nays--None. Communic~ion of City Manager request- ing anthorizafico to dispense tho Community Paxtoership Program Funds, la~sented and pead. Council Member Krieg moved that the communication bo ~ccived and filed. Seconded by Council Member Pratt Carried by the following vote: Yeas--Mayor Brady, Council Membess Deich, IOueaner, Kfing, Nichoison, Pratt, Vcotherg. Nays--None. RESOLUTION NO. 335-91 RESOLUTION AUTHORIZING AWARD OF COMMUNITY PARTNERSHIP PROGRAM FUNDS Wbeteas, under the provision of Title I of the Hot, lng and Community Development Act of 1974, as amended, the City of Dubuque has xeueived Community Develop- ment Block Grant (CDBG) funds f~ ~e development and maintenance of a viable urban community through the peovision of safe and decent housing, expanded ncmtomlc opportunitiea for i~ rasidenl~, and u suitable living envfronment, particuiasly tho~o persons of low and moderate iecom~; and Where. as, the Community Partnership Program (op2) was developed with the national goals and in~nt of the CDBG program and the City of Dubuque's desire to encourage new and innovative private and nonprofit efforts to enhance and improve the llvability of thc community, partlcularly for dtizens of low/moderate income means; and Wbemas, gnidelincs for the implementa- tion and administration of the Community Pa~nershlp Prngmm (cp2) have been developed and approved mt August 5, 1991 by City Coundl Resolution No. 256-91. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1. That the City Council hereby aplxovas a grant of cp2 funds in the amount of $20,230 for thc Dubuque Museum of Art Accessibility PwjecL Section 2. That the City Council hereby apl~oves a grant of cp2 funds in the amount of $11,000 for the Project Ccocom Child Ca~ ProjecL Section 3. That tho City Council hereby approves a grant of cp2 funds in thc amount of $25,060 for the Dubuque Habitat for Humanity Project. Section 4. That the City Maan~er bo authorized and disncted to disbur~ grant funds from tho Community Development Blcck Grant entitlement fund in aecordance with terrm and conditions of a third party contract to be executed by the granteex and the City Manager in the City of Dubuque. Passed, approved and adopted this 21st day of October, 1991. Attest: Mary A. Davis City Clerk lamas E. Brady Mayo~ Coanci] Member Kfing moved adoption of the Resolution. Seconded by Council Membur Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Riuesuer, Kring, Ninholsmt, Pratt, Vcotberg. Nays--Noue. Communication of City Manager request- lng aFproval of an Ordnance amending the Residential Housing Cede by enlarging the Housing Code Appeal Board from 5 to 7 momboss, pre~ented and ~ Council Membe~ Voetherg moved that thc communi- cation be received and filed. Seconded by Council Member Pratt. Canted by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Kfing, Nichoison, Pratt, Voetberg. Nays=None. Regular Session, October 21, 1991 418 An Oedtunnue amending Code of O~dl- anncos by enacting in Uco the~of a new Snctlmt 26-8(o) Pars~aph (1) relating m the unmbar of Al~s Boned Members, ~ aunted and xmtd. (OFFICIAL PUBLICATION) ORDINANCE NO. ~0-91 AN ORDINANCE Ak~NDINO THE CODE OF ORDINAN(~S, CITY OF DUBUQUE, IOWA, CltAFrER 26, HOUSING REGULATIONS BY: Ak~NDINO SECTION 26-8(0) BY REPEALING PARAGRAPH (1) RELATING TO TI~ NUMBER OF HOUSING CODE APPEALS BOARD MEMBERS AND ADOPTING IN LIEU THEREOF A NEW PARA- GRAPH (1) RELATING TO THE NUMBER OF APPEALS BOARD MEMBERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.Suetion 26-8(eX1) of the Cede of Otdinancex is hereby repealed. Section 2. Tho following new Section 26-8(eX1) is hereby adopted: (I) The Housing Code Appeals Board shall be comptsed of n membership of seven (7) pe~soue who shall be appelnted by the City Council for terms of thrue (3) yanrs. All tenm of office shall explie mt the eleventh day of January in their respective years. Section 3. This Ordinance shall taku effect immediately upon pablloaHon. Passed, at~mved and adopted this 21st day of October, 1991. Attast: May A. Davis City Clerk Jan~s E. Brady Mayor Published offic/ally in the Telegraph Herald this Z~th day of Ootober, 1991. Mary A. Davis City Clerk It 10/25 Counoil Member Vunthe~ moved dmt this be consldol~d tho fi~t lv~ding of the O~dinunco, and that the requirement that a proposed Otdiuence be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adopted be suspended and flmbur moved final adoption of tho O~diuenue. Seconded by Council Member Pratt Cmslod by thc fol- lowing vote: Yan~--Mayor Brady, Council Members Deich, Kluasnas, Kfing, Nicholson, lhatt, Vcotborg. Nays=Noue, Communication of City Muenger "Re- spmtding to verbal ~.quext of Steve Jue~cos, Attorney for Ro~m River Rides, xcquestlng upln'OVal and fanmng of u canopy or cover- ing between DCB Building and Gembllng Boat" and "Requcadng confinmtion o~ di~- tion on soversi associated outstanding issues between City of Dubuque and Roberts River Rides/C..asino Belle, Inc.", presented and reed. Attorney Steve Juergens, on behalf of tho Casino Belle and Bob Kehi, owner of the Casino Boll, spoke re, questing City contribu- tion and approval of installation of covering of the pier/canopy. Council Member Vontberg moved that the communication be ~ecoived and filed and referred to tho City Manager for a resolution between the City and Dubuque Casino Belie for various items and IX~scot Ixogt~ss repo~ back in 30 days, Seconded by Council Member Pratt. Carried by the following vote: Ye~--Mayor Brady, Council Members Klueaner, Kalng, Nichotson, Pratt, Voetherg. Nays--Council Member Deich. Robert O'Bfien, Afrport Manager, ~- queadng additional funding appropriation for upgrading a utility truck with snow blade and salt spreader in tho ~timated amount of $36,546.00, p~nted and ~ond. Council Member Pratt moved that matter be accepted and exponditem approved. Seconded by Council Member Nicholson. Canted by the following vote: Yeas---Mayor Brady, Coun&l Members Dcich, Riuesnar, Faing, Nicholson, Pratt, Voetherg. Nays--None. Vefl~l petition of Council Mcmbur Kring requesting discussion regarding the expendi- tom of City's share of hotel/motel tax if approved at tho election te be held on November 5, 1991, and communication of City Manager subntitting severn1 options regarding aHueatlon of edditional one percent hotel/motel tax, if approved, presented and reed. Coundl Member Kdag moved thut the petition and communication bo reueived and filed and ccoscaans was to go with deposit- ing monie~ in the General Fund and use for Pa~k and Recreation facilities and activities (Riverview Park & Riverfront). Sueoaded by Coundl Member Pratt Carded by the fol- lowing vote: Ye, as---Mayor Brady, Council 419 Regular Session, October 21, 1991 Membe~ Deich, Kluesner, Krieg, Nichuisco, Pratt, Vcotberg. Nays--None. Communica~iou of City Manager submit- ting Inellminary land uae plan d~valoped for the ~o~thw~t An~ (~idns by Range Planning Commission, presented and read. Council Member Voethesg made repo~. Council Mumber Vnetberg moved that the communication be received and filed. Seconded by Council Member Khesner. Cnn'led by the following vote: Yeas--Mayor B~dy, Council Members Dcich, IOunsner, Krieg, Nicholson, Pratt, Voutberg. Nays--None. Council Member Faing transmiding sults of the petitions received regarding the Bunrds/Commissions survey sent cot, sunred and ~ad, Council Member reviewed the comments, Council Member Krieg moved that the matter be received and filed. Seconded by Council Member Dcich. Cnnied by thc following vote: Yeas-Mayor Brady, Council Members Dcich, Klnesner, Krieg, Nicholson, Pratt, Voetherg. Nay~ None. RESOLUTION NO. 33~.91 Whereas, applicailcos for Beer Permits have been submitted and filed ~o this Council for approval and the same have been examined and approved; and Whereas, the premises to be oucup~ed by such applicants were inspnew, d and found to con~ly with the Ordinances of this City and have filed lXoper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That tho Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT ! & P O'Hera, Inc., Happy Joe's Ice Cream and Pizza Parlor, (Sunday Sales), 855 Century Drive West Side Athletic Club of Dubuque, Sunday Sales. 1755 Rndferd Road CLASS "C" BEER PERMIT Transp~t Sales, KWIK Stop Food Matt, Sunday Sales, 1075 Dodge St~et Ruben L Breltbech, Oky Doky ~P~, Sunday Sales, 51 West 32nd Street TRANSFER CLASS "C" BEER PERMIT Oan~e E. Wnddeil, Ir., Iowa Potato & Produce House, 2600 Dodge Street PussY, appreved and adopted this 21st day of October, 1991. lan~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Khemer moved adop- tion of the Resolution. Seconded by Council Membe~ Pratt. Cmied by the following vote: Yes~---Mayor Brady, Council Members Dcich, Rinesner, Krieg, Nicholron, Pra~ Voetber~. Nays--None. RESOLUTXON NO. 337-91 Whereas, applicailons for Liquor Licenses have been submitted to this Council for approval and tho same have been examined and approved; and Whereas, the IW~nises to be necul~ed by such applicants were inspne~ed and found to comply with the State Law ~and all City Ordinances relevant thereto and they have filed proper bonds. NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS 'B" (HOTEL.MOTEL) BEER AND LIQUOR LICENSE Dodge House Corporatioo, Dodge House Motel and Resteerant, 701 Dodge Street CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Chad A. Streff/Oary L. Kupferschmidt, Whiskey River, 1064 University Key City Bowling, loc., Imperial Lanes, (Sunday Sales), 3505 Stoneman Road Eagle Point Tavern, Windsor Tap, (Sunday Sales), 2401 Windsoz Avenue Dog Gone, Inc., Dog House Lounge, (Sunday Sales), 1646 Asbmy Road Regular Session, October 21, 1991 42O Nalda L, Berme~ Old Shang, (Sunday Sales), 1091 Main Street Ground Round, Inc., The Orcond Round, (Sunday Sales), 50 lohn F. Kennedy Road pessed, approved and edopted this 21st day of October, 1991. James E. Brady Mayor Attest: Ma~y A, Davis Council Member IOunsuer moved edop- ties of the Resolution. Seconded by Council Member Pratt. Cmied by the following vote: Yeas--Mayor Bnuiy, Ccoocil biembe~ Deich, Klunanes, Kring, Nicholson, Pratt, Voetberg, Nays---None. MINUTES SUBMITTED--Airport Commission of 9-10; Cable Community Telepeogramming Commission of Cable TV Rnguiato~y Coou~ssiou of 10-9; Human Rights Commission of 9-9; Library Board of Trustee at 9-26; Northwest Arterial Conidor Subeoum~ttee (Long Range Planning Comn~ssion) of 9-9 & 10-4; Park & Recreation Commission erg-10: Fiumblng Board of 9-24, l~nsented and rend. Council Member Rinesner moved that the minutes be ~-..cuived and filed, Seconded by Council Member Voetberg. Canted by tho following vote: yees -Mayor Brady, Council Members Doich, Klnesner, Kfing, Nichohiou, Pratt, Voetberg. Nays--None. NOTICES OF CLAIMS/SU ITS---Nornen Cunuio in esilrcated amount of $419.11 for vehicle damages; Beth Mmmiog in unknown amount for personalinjmies; Steve Siefker in amount of $115.50 for vehicle damages, inesented and rend. Council Member 1Oucenar moved that the claln~ and suits be referred to the Legal Staff for investigation and report Seconded by Council Member Voutberg. Canied by the following vote: ycas--Mayor Brady, Council Mcmbezs Deich, Klunsuer, Krieg, Nicholson, Pratt, Voutberg. Nays--Noue. Communication of Corporatico Counsel reconunending settlemunt of damage claim of Jeff Hedley in the amount of $315.00, inescoted anti mad. Council Member Kluesner moved that the communi- cation be ~ived and ~ed and sehiemant apploved and Finance Director to issue the proper check. Seconded by Council Member Vnetberg. Canied by the following vote: ye.~---Mayor Brady, Council Membe~ Deich, Kluesner, Faieg, Nicholson, Pratt. Vcotberg. Nays-~-Nouu. Comm~ca~ons of Co~e~ailon Counsel advising of refenal of following claims to Cnswfced & ~Y, the ngunt for the iowa Communities Assurance Pool: car dam~e claim of Mark Beadle; car damage cialm of Brunt E. Brown; car damnge claim of Shannon Ganity; car dam~e claim of Robert and L~llzabeth Gncise~, personal injury claim of Alfrieda Miersen, presented md read. Council Member Klnesnar moved that the unmmanication be received and filed. Seconded by Council Member Voetberg. Canied by the following vote: Yeas---Mayor Brady, Council Members Deich, Klnesncr, Faieg, Nicholson, Pratt, Voetberg. Nays--None. Communication of Dubuque County re- questing approval of tax suspension for a City resident, p~sunted and ~cad. Council Member Kluesner moved that the communi- cation be received and filed and tax suspension approved. Seconded by Council Member Voetbesg. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klnesner, Kring, Nicholson, Pratt, Voetherg. Nays--None. Communication of County Shefiffsubmit- ting Noilce of Appralsemant of damnges and lima for appeal for ccodemaation of certain rights by the Iowa DOT for improvemant of Primary Road No. U.S. 20 in the City of Dubuque, presented and read. Council Membes Kluesner moved that the communi- cation be Iexcived and filed, Seconded by Council Member Vnetberg. Carried by the following vote: yeas--Mayor Brady, Council Members Deich, Kluesner, Kring, Nicholron, Pratt, Voetberg, Nays--Noue. Communication of City Maunger submit- ting Financial Report for the month of September, 1991, peesented and rend. Council Member Klnesner moved that the communication be ~e~cived and filed. Seconded by Council Member Voetberg. Canled by the following vote: Yeas--Mayor Brady, Council Members Deich, K[uesner, Kring, Nicholson, Pratt, Voetberg. Nays---None. Proof of Publication on List of Claims paid for the month ending August 31, 1991, presented and ~cecL Council Member Klnesne~ moved that the prouf of publication be received and filed. Seconded by Council Mem~ V~etberg. Cnnied by the following vote: Yeas--Mayor Brady, Counell Members Deich, Kluesner, Krieg, Nicholson. Pratt, Vcotberg. Nays---None. Petition of Attorney David Setter, on bubalf of his client Donald J. Hesbst, 421 Regular Session, October 21, 1991 · dvisiag of their desire to purcha~ City owned teal rotate adjoining his propenties on East 14th S~t between the 500 and 600 blocks, preson~l and rend. Coundl Member Kluesner moved that the patition be refen'ed to the City Man~or and staff for investi- gat/on and report Seconded by Council Member Vcetbe~. Canied by the following vote: Yem--Mayor Brady, Connc/1 Members Deich, Klumner, Krlag, Nicholann. Pratt Vontburg. Nays---None. Petition of Sanofl Bio-lndusWlal ~.ques~g vacellon of n portion of ceson~nl ove~ ilteir properties near 2350 Keq~er Blvd., presented and read. Council Member Kluesner moved that the petition be refen'ed to the City Manager for investigation and repo~. Seconded by Council Member Vontberg. Canted by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfieg, Nicholson, Pratt, Vontberg. Nays~None. Petition of Mr. & Mrs. Leo L Kringle submit6ng complnint nbuut ~k of ~n~on giv~ f~ &e~ at 1353 Bluff S~ ~n~ ~d ~. Co~ Mem~r ~nm ~v~ ~ ~e ~fifi~ ~ ~iv~ ~d ~. ~n~ by C~ Me~r V~t~. ~ by ~ foHo~ng v~: Y~May~ B~y, Council Mem~ D~ch, ~soor, ~ag, Nich~so~ ~ V~t~. Nay~None. REFUNDS REQUESTED--James Kuebevas, $75.00 on unexpired Cigarette Licease~ Clem Johnson, $75.00 on unexplmd Cigeml~ License, prmontcd and read. Council Member Kluesner moved that tim refunds be approved and Finance Director to issue prop~ check. ~ded by Council Member Voethe~g. C~nied by the following vote: Yces--Mayor Brady, Council Members Deich, JOumner, Ktieg, Nicholson, Prstt, Vontberg. Nays---None. October 4, 1991 Honorable Mayor and Members of the City Coundl In accordance with Chapm' 400 of the 1989 Code of lowa~ as amended, the Civil Sorvi~on condected written examinations on S~ptember 18, 1990 with Physical Agility Trots being given on Noveml~r 17, 1990 for the po~iilon of Pimfighter Entrance Level. The first list of eligible Candidates wm ce~ified on November 21, 1990. The Fire Chief has requested that the secc~d llst of eli~ibin applicants be ceffified at this time. We hereby cer/fy that the following individuals have successfully passed both the written and physical agility tests and are hereby qualified to be considered for the pm/tton of Firefighter for the City of Dubuque, Iowa. Robun Lange Randy Root Roger Wereirmmt Ted George Oa~ Wue~ Jonm Bandy Michael Elliott David Bonves Matthew SoMe Jeff~y Powe~ Thomas Lndeschor Darrell Wdland Thomas Reed Respectfully submitted, /s/Gerald ~ Kopp~ Chsixperson /s/Rebuff M. Miller Civil Service Commission Council Member Klumuer moved that the commmticetlon be received and filed and made a matt~ of rec~d. Seconded by Council Member Vontburg. Cnnled by the following vote: Yues--Maye~ Brady, Council Members Deich, Klu~uer, Ktieg, Nicholson, Pratt, Vontherg. Nays---None, Communiea~ion of David Harris, Housing Service~ Manager, advising of resignation of Hazel O'Neal from the Homing Coronas- sion, effective October 8, 1991, presented and reed. Council Member Klumnor moved that the communiceilon be received and filed and resignation accep~l with regent. Seconded by Conncil Member Vcetburg. Canied by the following vote: Year-Mayor Brady, Council Members Deich, Kluesner, Krlag, Nichelson, Pra~i, Voetl~'g. Nays--- Nolle. Communication of City Manager report- ing on the Fiscal Year 1993 Budget Input meeting held on Octeber 5, 1991, presented and read. Council Member Klumner moved that the communication bu received and filed. ~.ccmded by Conncil Member Voetberg. Canied by the following vote: Yeas---Mayor Brady, Council Members Dcich, Kinesner, Falag, Nicholsoa; Pratt, Voetbul~. Nays--None.- Communication of Zoning Commission advising of their aF~roval of final l/at for Noflh Range Subdivision No. 2 located West of thc tcnnlnus of North Range Cour~ presented and read. Council Member Kluesner moved that the communication be received and filed. Sec~ded by Council Membe~ Vo~tberg. Can/ed by the following vote: Yeas---Mayor Brady, Coundl Members Regular Session, October 21, 1991 422 l~ich, IOu~mor, Kd~, Nlch~ne~ ~ V~, ~y~ ~N N~ ~.91 A ~L~ON ~ROV~O ~ FINAL P~T OF LOT 1-6 IN~USI~ ~D ~T A NOR~ ~OB ~BDIVISiON ~. ~ IN ~ C~ OF DUBUQ~, IOWA ~ ~ ~ ~ ~t of ~t 1~ ~m~v~ ~d ~ A d ~ ~ Su~m No. 2, ~ ~ ~ ~ ~b~m, Io~ ~ W~,~t~ s~ m ~ w~h ~ ~. by ~d ~ W~. ~d fln~ ~at h~ ~ ~ in~ by ~ Dub~ ~ ~s~on ~d ~ i~ ~v~ ~ ~n in~ by ~ ~ Co~ ~d ~ey ~d ~t it~f~mm~~s u~ ~ve y~ ~ mns~c~ ~ W~, ~ Ci~ C~n~ ~cm in ~e NOW, ~, BB ~ ~OL~ BY ~ ~ ~ OF ~ CI~ ON D~U~ IOWA: ~1~ L ~ ~e ~on of N~ on ~d fl~ ~ ~ ~ ~ ~Y S~ 2. ~t ~ fln~ ~t of ~ 1~ ~el~w md ~ A ~ N~ ~o S~ ~on No. 2 ~ ~ ~ of D~, low~ ~ h~by ~v~ ~ ~ ~y~ ~ O~ on~ ~ a~v~ of ~e Cl~ of Dubuq~, Io~ u~n ~ fl~ ~n~ ~ ~t ~e ow~ of ~ ~ ~n ~, una~z~te paving with munn~ acmptalde hi tho City En~mner ma in gunmal cmfcnmmun with tim approved b, To install sanita~ never mains and rower sea~i~ hterels in a manner s~nepteble to tim City ~n~incer and in guner~d eon- fommn~ with ~e ~oved l=diminatT t/at; ~. To lnmli watm~ maim and water at~- viun InStals in · smnne~ ao0~pmbl0 to tho City Bngin~ and in llenmd conformance with the approved In~lminntY d. To ~nmdl storm nev.~s and catch basins in · manner -_~eptable to the City En~ine~ and in lluneral conformance with llm approved Imdin~nmy plag e. To install conc~ret~ sidewalks as ~.qutxed by o~linunce where ali.meted by the City Er~inner and the City Manager in n manner acceptable to the City Bnginner and in generel cnoformance with the approved f. To install boulevard sti'net lighting in accordance with City speeiflcetioas in a manner sx~eptsble to th~ City En~ineor and in llenorel conformance with the appwved il, To construct the femgoinll improve- merits in ·cunrdance with.plans and speel- flca~ions al~l~oced by tbe City Man.m, undar the supe~ition of the City Enllincer, h. To comtrnet sa/d improvements, except sidewalks, prior to one year frem the date of the a~eptsnce of this R~sdution; i, To coastn~ct sidew~ksin accuedance with il~ req~.ernents ~ction 4~-24(e) of the City Code; specifically, sidewalk installation shall be the msponsibiBty of the owner of the preperty nbuttin~ the peblic tight-of-way. The ~espensibiiity shell extend to all suconssore, he/n and ami~nem, gidewsik iuetellnilon will not be ~quired until the development of the lot has been non~inted, except as re4ui~d heroin. In sp~sely developed sobd/visions, sidewalks on devel- oped lots .will not be requ/~d until 50~ of the lots app~ved by the pint have been developed. All vacant lots shall have sidewalks installed upon development of 80~ of the lots approved by3bu plat; j. To maintain the fot~gelng improve- monts for & period of two (2) years from the date of the s~eptence of the public imlwovemont by the City of Dubuque, Iowa; 423 Regular Session, October 21, 1991 lc To install terepemy eid.de-uc to City specifications at the westerly end of Noah Rangn Court and maintain said cdi--da- san / Nor~ Range Court is further I. Toprovide the foregoing conmuction i nadnmmnce at the sole expense of the subdivider, as owner, or futo~ owners; in. To coow~nnte a~ erosion rne~ures in a manner eondstent with the approved greding and erosion control plan. And further l~ovided that Mike Pozt~n, as owmr of soid property, shall secure pe~ormanca of the foregoing conditions provided in Section 2 by providing ~z~mity in such form and with such sureties as n~y be nec~tebln to the City Man.er of the City of Dubuqne. S4~lom 3. That in the event the above mentioned owner of said property shall fail to execute the nc.~planc~ and furnish the security provided in Section 2 hetcof within fo~y-fivn days after the date of this resolution, the provisions hereof shsil be null and void and acceptance of the dedication and approval of the pint shah not be effecdvn. Passed, approved and adopted Chis 21st day of October, 1991. James E. Brady Mayor Attest: Mary A. Davis City Cierk ACCEPTANCE OF RESOLUTION NO. 338-91 We, the undersigned, Portzen Ccoslmc- lion, having ~ the terms and conditlom of the Resolution No. 338-91 and being famitinr with the conditions thex~of, bex~by accept this same and agree to the conditions tuqalred therein. Dated in Dubuque. Iowa this 22nd day of October, 1991. By:-/s/Mike Pe~zen TO: Mawy A. Davis City Clerk This is to certlfy that the secmity reqaired for the foregoing Resolution No. 338-91 has I~con properly provided. Dated this 2~nd day of Octeber, 1991. /s/W. Kenneth Gearhart City Man~er Council Member Kinesner moved adop- lion of the Resolution. Seconded by Council Member Vcothe~. Carded by the following vote: Ynes---Mnyor Brady, Council Members Deich, Kluesnor, Kfieg, Nicholson, Pratt. Vonthex~. Nays---Noue. Communication of Zoning Commission advising of their approval of final plat of Weztmark located Southwest of the inter- section of Pennsylvania Avenue and tho Northwest Arterial. p~rentnd and read. Council Member Kluesnet moved that the communication be ~eived and filed. Seconded by Council Memher Vcotberg. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nichol~on, Pratt, Voetber8. Nay~ RESOLUTION NO. 339-~1 A RESOLUTION APPROVING THE FINAL PLAT OF WESTMARK IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Westmerk. in the City of Dubuque, Iowa; and Whereas, upon said plat appan~ streets to be known as Embassy West Drive ned We~tma~k D~tve together with cectain public udiity and drainage easements which the owners, by said final plat, have dedicated to the public forever;, and Whereas, said final plat h~ been exam- ined by the Dubuque Zoning Commission and had its approval nndor~cd thereon subject to the owners agreeing to the conditions noted in Scedon 2 below;, and Whereas, said final plat has been exam- ined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no sUcota or public utilities have )'et heen constructed; and Wbernes. tho Ci~ Council concurs in the condificos of approval established by the Zoning Commission. NOW. THEREFORE. BE 1T RESOLVED BY THE CITY COUNCIL OF THE OF DUBUQUE, IOWA: Se~lon 1. That the dedication of Embassy West Drive and Westmark Drive, Regular Session, October 21, 1991 424 toge~ with d~ caasmcots for u~lidne i ~e u ~y p ~ ~d ~ ~at ~ofW~ tn ~ ~ ~ Du~, I~ is ~y a~v~ ~ ~ ~y~ ~d ~ ~ ~by an~ ~d ~ m ~ ~ ~v~ of ~ ~ ~ ~b~ lo~ ~d~~ow~ of ~d ~ ~ ~,~ ~ ~m~ ~ ~b ~ gu~ ~ ~ ~ ~ ~ of Du~q~ · e CIW E~n~ ~d ~ gen~ ~f~- b. Toi~ ~ ~ ~ns ~d ~ ~i~ 1~ in s ~n~ ~p~in m ~ ~W ~ ~d in gon~ c. To ~ wa~ ~m md w~r CiW ~ md in g~ ~f~ d. To im~ s~ ~ ~ ~h En~n~ ~ ~ ge~ ~ ~ a~vM ~ p~ e, To i~ ~n~m ~w~ ~ by ~ wh~ ~ by ~ E~ ~d ~e ~ M~ in ~or ~p~e m ~ Ci~ E~ in ge~ ~f~ ~& ~ a~v~ ~ pin~ f. To in~ ~ev~ s~t Hgh~ng in ~ ~ ~ s~fi~om in ~ pl~ ~n~ in ~ ~ p~ ~ h. To ~m~i ~d im~v~n~, exit sidew~, ~ ~ one y~ ~ i, To ennslx~t sidewalks in eccordanen with the ~nu ~fion 4~ (e) of ~ Q~ C~; ~E~y, d~w~ tm~- ~ ~ ~ ~ ~d~ of ~ ow~ of ~c ~ ~ng ~ pubic ~ht~f- way. ~ ~ s~ ex.nd entre, h~ ~d ~n~s. Sidew~ devd~nt d ~e lot ~ ex.pt ~ ~ h~n. h ~ly dev~- ~ so~, ~w~ on devel~ 1o~ ~ not ~ ~ un~ 5~ of ~e loa a~v~ by ~e ~ ~ve ~ devalo~. ~ v~t lo~ ~ ~ve si~w~ i~ u~ ~v~nt of 8~ ~v~ by ~ ~ ~n~ f~ a ~ of ~o ~ of ~ of ~ i.~,uve~nu by · e ~ of Du~q~, low~ k. To hs~ a ~ c~-d~sec W~k ~ve ~ ~n~n ~d un~ Wes~ ~ve is f~ ex.nde; 1. Toprovide the foregoing construction and maintenance at the sole expeme of the subdivider, as owner, or fatum_owner~; m. To c~ordinate all erosion measures and constraction in n manner consistent with the avproved grading and erosion control plan. And fmlher provided that the City of Duboqne and W.C.B, Devalopment Corpora- *ion, as owners of said property, shall secure pedmmnece of the forngoing conditions provided in Section 2 by providing secmity in such from and with such sureties as may be acceptable to the City Manager of the City of Dubuque, lows. Sections 3. That in the event the above mentioned owners of soid property shell fail to execute the acceptance and furnish security provided in Se~on 2 hereof within linty-five days after the date of this Resoiu- tion, the provisions hereof shall be null and void and acceptance of thn dedication and approval of the plst shell not be effective. Passed, approved and adopted this 21st day of October, lggl. lames E. Brady Mayor Attest: Ms~ A. Davis City Clerk 425 Regular Session, October 21, 1991 ACCEPTANCE OF RESOLUTION NO. 339-91 We, the undenigned, W.C.B, Devciop- ment Ccq~mtion and the City of Dubuque, having n~d the temu and conditions of the Re~sointion No. 339-91 and bcing familiar with tho conditions thereof, hereby accept this same and agree to the conditions reqci~d then:in. Dated in Dubuque, Iowa fltis 2nd day of December, 1991. By:/~/Robert W. Chnstarmnn W.C.B. Development Coq~rafica By:/s/W. Kenneth Ocarhert City Manager TO: May A. Davis City Clerk This is to ca~ify that the security required for the reissuing Re~solndon has been prop- erly fumisbed. Dated at Dubuque, Iowa, this 2nd day of December, 1991. W. Kenneth Gearhart City Manager Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Vuetbe~g. C. qrried by the following vote: Yens.--Mayer Brady, Council Members Duich, Kluesoer, Krlng, Ninholson. Pratt, Vuetberg. Nays--Noue. Commnnication of City Manager ~e. queat- ins approval to publish request for teleuse of Community Development Block Grant funds for tho Enginer. ring Data Systems Coqx~ra- fion project, presented and read. Council Member Kluesner moved that the communi- cation be received and filed. Seconded by Council Member Vuetberg. C. anind by the following vote: Yeas--Mayer Brady, Council Members Deich, Klue~uer, Yoing, Nicholson, Pratt, Vuether§. Nay~None, RESOLUTION NO. $40-91 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE ENGINEERING DATA SYSTEMS CORPORATION Whereas, the City of Dubuque convened an nd hoc committee on September 25, 1991, which completed an environmental assess- taunt of the above captioned project to be funded with the Community Development Binck Grant; and Whereas, pursuant to Resolution No. 32.%91, adopted October 7, 1991 public notice of a "Finding of No Significant Effect on the Envimnn~nt" for the above project was publlshe~ October 10, 1991, in the Dubuque ~ and p'ovhied for a public comment period until 12:00 noon. Friday, October 25, 1991; and Wbeveas, public notice of a Winding of No Sigcifie~nt Effect on the Environment" for the project was sent by ~galar mall to various federal, state and local public agencies and to thc local news rcedia, indi- viduals and grasps known to be interested and believed to be appropriate to rece/ve such a public notice; and Whereas. any and all objections, if any, to such propo~d he~ been duly considered; and Whereas, it is the intent of the City Council to authorize the subn~ssion of a ~luest to the U.S. Dcl~uUncnt of Housing and Urban Development for the rule. ne of funds to carry out the above identified pro~cec NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the envhonmentel ~eview recerd for the project shall continue to x~maln on file in the Office of the City Clerk where said record may be examined and copied by any interested p~ty. Section 2. That thc Mayor of the City of Dubuque is hereby authorized and directed to submit to thc U.S. Department of Housing and Urban Development seven (7) days a~er publication of appropriate notice a Request for Release of Funds to undertake the said project Section 3. That t~ Mayor of the City of Dubuque is hereby anthusized to consent to ~sume the status of a responsible federal official und~ thc National Environn~ntel Protection Act, insofar us the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsi- bilities for review, decision making, and action ~sumed and canied out by the City of Dubuque ~ to environmental issues. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent Regular Session, Octol~r 21, 1991 426 permnally, in his official c~,.~-ity md on bebulf of th~ City of Dubuque, to acnspt the jurisdiction of the federal courts ff an action is beon~t m unf~ nm. mnslbilitim in relation to environntental mvi~,va, d~ciston 8eeflo~ $. That the Mayer o/tho City of Dubuqan ha and he is he,by anthmtzed and to the envimlm~ntal review 1~ece_d~_~m. SecUre & That th~ City Clerk be nnd she is be~by uathodz~ and din~cted to publish n public notiue for n Request for Relcece of Funds and Ce~iflcation attached be~to and mede & p~ hereof. Passed, atdp,ced and adopted this 21st day of October, 1991. Jan-es E. Brady Mayor Attest: May A. Davis PUBLIC NOTICE Pursuant to the environmental ~eview precedm~ fur the Coonnueity Development Block Crant program, die City of Dubuque intends to file a Request for Release of Funds for the following project: Engineering Data Systems Co~ndon Project The City of Dubuque has mnd~ an envi- ronmontel xcview rec~d for the pr~ect and had placed this ~ on file in die Office of fha City Cierk, 13th and Central Avenue, Dubuque, lowe, where said n~yed could be examined and COlied between die hours of 8:00 a.m. end 5:00 p.m., Monday thsongh Friday, October 25, 1991. The nan~ of thc applicant is the City of Dubuque, Iowa, and tho chief executive officer of tho applicant is Mayor James E. Bredy. The mniBng address is City Hall, 13th and Centnd Avenue, Dubuque, lown 52001. The City of Dubuque will underage the p'ojuet dnscfibed above with Commurdty Duvclopm0nt Block Grant funds obtained fsom thc U.S. Dupumncat of Honsing end Urban Development (HUD)~ The City of Dubuque certifies to HUD that the City end James E. Brady, in his e~ficial ce~tcity of Mayor. consent to die jurisdiction of the fedaral cou~ if an ~tion is bsought to enforce mspunsib~litins in relation to environmental ~cviuwa, deci~inn making, and actions, and that these tespunsibOBins have been satisfied. Thu legal effuet of the :artificarion is that upon its approval, the City of Dubuque may use the funds and HDD will h&w ~tis~.d its leapons~bilifins under I~ Natiomd Environn'~mtnl Policy Act of 196~, us amended. HUD will ~capt an objectton to its nl~OVal of th~ ~leue of funds ued ti~ ~>:epumca oftha ceafficafion only if it i~ on oue of the following (~) ~ the ~t~fie~on wns, in f~t, execuU~d by HUD; er (b) that ufil~c~nt's envixonmnntsl ~view ~.cord of the project(s) indicates ore,salon of n ~lu~ed decision finding or step appBcubin to the project in the environmennd review process. Objections must be prel~d and subo'~tted in nccor- dueca with l~ecedm'~s (~ CFR 5~), and n~y be addiused to Omnha ~ Office, 210 5onth 16th Suuet, On. ha, Nubruska 68102. Objections to the rele~e of fneds on bu~s other than those stated ubow will not be considared by HUD. No objection ceived ~f~er the ~th day of November, 1991, v~l be con.red by HUD. Comments moy be nnbmBt~ to thu City of Dubuque nndi 12:00 noon, F~day, November 8, 1991, addressed to Jntne~ E. Br~ly, Mayor of thu City of Dubuque, 50 West 13th Dubuque, Iow& $2001. Dated and published October 23, 1991. May A. Duvis City Clark Council Member IOuesoar moved adop- tion of the Rnsointion. Seconded by Council Membur Vuetherg. Canied by the following vote: Year=Mayor Brady, Council Members Deich, IOuesoc% l~ing, Nichcison, Voatberg. Nuys--None. Comm~c~on of City Manngar edvlsing Council of Fisc~ Year 1991 canyove~ for Capind Imptovemcat Projects, prnscoted and ~.ad. Conncfl Member Kineso~ moved that die communication be v:.ceived and filed. Seconded by Conncll Member Carried by the following vote: Yea~--Muyer Brndy, Cnnnc~ Membe~ DCIUb, Kfieg, Nieholson. Pratt, ¥ontborll. N~ys---Non~. Conunnnicafion of City Mannger recom- mending acceptance of the Inslalintion of the Locust S~t Ramp Control Eqcipmcot Project, pw~nnted and t~d. Council Member Kluesne~ moved tbut the communication he received and filed. Seconded by Council Member Vuethe~. C~rfied by the following vote: Yeas--Mayer Brndy, Council Membe~ Dcich, Khinsnar. Kring, Ninbolson, Pratt, Vuetherg. Nays---None. 427 Regular Session, October 21, 1991 RF~OLUTION NO. 341-91 ACCEPTING IMPROVE/viENT Whereas, thn contract for the Locust Street Ran~ Control Equlpn~nt has been completed and the City Manager has exam- ined the work and filed his cenificete stating that the same has been complemt according to the ~ of the contra~t, plans and spacificetiom and rec~mn~nds it acceptance. NOW, THEREFORE, BE fY RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the tecommendndon of the City/vtanager improvement be and the satr~ is hereby accepted. BE fY FURTHER RESOLVED, that the Finance Director be and be is hereby directed to pay to the contrnctor fr~ Pnddng Fncilities Construction Fund in ern~nt ~quai to the an~ant of his c less any retained percentage lrovided for therein. Passed, approved and adopted this 21st day of October, 1991. James E. Brady Altast: Mayor Ma~y A. Davis City Clerk Conncil Member IOncsner moved adop- tion of the Resolution. Secondad by Council Member Vuetberg. Carried by the following vote: Ye~---Mayor Brady, Council Membe~ Duich, Kinesner, Kfing, Nicholson, Vuetherg. Nay~Nune. RESOLUTION NO. 342.91 FINAL ESTIMATE Whereas, the contract for the Locust Suest Ramp Control Equipment has been con'R01eted and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miseellaneoes NOW, THEREFORE, BE IT RESOLVEI) BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improve- merit is hereby determined to be $93,556.00 and the said amount shall be paid from Pnddng Facilities Conslructinn Fund of the City of Dubuque, lowa. Passed, approved and adopted this 21st day of October, 1991. Sames l]. Brady Attest: Mayor Mary A. Davis City Clerk Council Member Klueannr moved adop- tion of the Resolution, Seconded by Council Member Vuetberg. Carried by the following vote: Yess--Mayor firedy, Council Members Dcich, Klncsner, K~tng, Nicholson, Pratt, Vuethorg. Nays--None. Communication of City Manager recom- mending acceptance of Central Avenue Reserfeuing Project from l lth Street to 20th Street, presented and read. Council Member Klansner moved that the commuuicetion bc received and filed. Seconded by Council Member Vootherg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, IOuesner, Kriag, Nicholson, Pratt, Vuetberg, Nays-~Noue. RESOLUTION NO. 343-91 ACCEPTING IMPROVEMENT Whereas, thc contract for tho Central Avenue A.C.C. Reserfacing Project from llth Street to 20th Street has been completed and thc City Manager has exem- ined the work and filed his cetfilleata stating that the same has been completed according to the terms of the contract, plans end spacifieat{om and recommends it acceptance. NOW, THEREFORE; BE fy RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section l. That thc recommendation of ppmved and that said Improvement be and the sar~ is hereby accepted. BE IT FURTHER RESOLVED, that the City Treestuer be and he is bereby d~rccted to pay to the contractor from the Street Construction Fund in amount equal to the amount of his contract, less any retained pa~centage provided for therein. Ren. iilnr Session, October 21, 1991 428 Passed, =p~ved and adOl~ed this 21st day of October, 1991. .fumes B. Brady Mayor Auest: Mw/A. l~vis City ~ Council Momh~ Klueaner moved adop- tion of thn Resolution. Seconded by Council ldember Voetb~g. Carded by the following vote: Yean---Mayor Brady, Coun~ Members Vont~, Nays---None. RI~OLUTION NO. 344-91 FINAL ESTIMATE WJ~ar, as, ~the conlreat for tbe Conrad Avenue A.C.C. Rasesfaning Pmjnct from llth Sm~et to 7,0~h Signet has been com- pleted and the City Engines~ has anhintt~l his final estimate showing the cost thereof including the cost of estimates, notices and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secilon L That the cost of said l,,i~ovemont is hereby detornlned to be $209,677.02 and the said mrsount slmll be paid from tho Stn~t Constmedon Fund of the City of Dubuque, Iowa. Passed, approved and adopted ~ 21st day of O~tober, 1991. {an~s E. Bredy Mayor Attest: Mary A. Davis City Clerk Coanuil Member Kluesner moved adop- lion of the Resolution. Seconded by Council Member Vuetherg. Canied by the following vote: yue~.-Mayor Brady, Council Members Ddich, Kinesner, l~ing, Nicholann. Prat% Voetherg. Nay~None. Coonnanlc~ion of City Manages re. quest- ing the Mayor be authorized to exncute a communication to HUD seeking suppest of a $700,000 grant for homing needs, Inv.- sented and mdi. Council Member Klananer moved that the uemmunlcetion be received and filed and approved. Seconded by Coanuil Mnmber Voctberg. Canied by thn following vote: Yuan--Meyer Brady, Counoil Mn. ruben Ddiuh, IOneaner, IOing, Nicholson, Pratt, Vuetbeag. Nays--None. Communication of City Manager request- ing nuthoiluntion to amend thc Stetamant of Intent, Ineann~l and ~d. Cotmc~l Mnmber Kluesnc~r moved that the communication be mceivad md filed. Seconded by Council Member Vout~, Crated by the following vote: You~--MeYor Brady, Council.Members Deich, Kluesnes, Krlng, NiChdison, Pratt, Vuetbeag. Nays=--None. RESOLUTION NO. 34~-91 RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENT #2 TO A COMMUNITY DEVELOP- MENT BLOCK GRANT STA'IE- MENT OF INTENT AS AMENDED SUBMfI'i'i~D TO THE DEPART- MENT OF HOUSING AND URBAN DEVELOPMENT FOR CALENDAR YEAR 1991 Wherees, under provisions of Title I of Housing and Urban D~velopment Act of 1974, as an~nded, the City of Dubuqun prepared and submitted a Statement of Intent on Decembe~ I, 1990, which statement was approved on lanan~y 3, 1991; and Whereas, an an~ndment to tho approved Statement was submitted on Fernery 16, 1991, and w~s aPlxoved by tbe Dopammnt of Homing and Eccoondn Development on M~ch 5, 1991: and Whereas, the City of Dubuque now proposes to makz an additional amendment to said Statemant of Intent. NOW, TI~REFORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Statan~nt of Intent, es amended, submitted to the U.S. Department of Housing and Urban Development be ?ttrther amended to ~flnct the MI0~ Loan Guerantue applicetion for an amount not to exceed $600,000, and the Mayor of the City of Dubuqan be hereby authorized and diranted to execute the necessary doun- mentation on behalf of thn City of Dubuque. Snctinn 2. That the City Manager he and he is be~by anthesized and d~anted to submit the Amendment to the calendar year 1991 Conm~anity Development Block Grant Statement of Intent to tho U.S. Department of Housing and Urban Development and other aping;ate agencies. 429 Regular Session, October 21, 1991 Passed, ~p~oved and adop~d this 21st day of Octob~, 1991. James E. Brady Mayor Attest: Mary A. Duvis City Clerk coanea Mam~ ~onc=er moved ~ flon of the Resolution. Seconded by Council biember Vnctberg. Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Klansner, K~iag, Niehdson, Prat, Vnctherg. Nays--None. Conmmnication of City Manager ~qanst- lng Council to approve & Puhlio Works Agreement with tho Chicago Central and Pacific Railroad Con'q~any ~elating to the constrnction of tbe emergcatey access roadway along the westerly edge of the Ice Harbor, between ]First and Second St~eets~ presented and read. Council Member Klanm.er moved that the communication be received and filed. Seconded by Council Member Vcetberg. Carried by the following vot~: Yees--.Mayer Brady, Coencll Members Deieh, IOansner, Kfieti, Nteholson, Pratt, Vcetberg. Neys--None. RESOLUTION NO, 34~-91 RESOLUTION APPROVING PUBLIC WORKS AGREEbIENT RELATING TO CONSTRUCTION OF AN EMEROENCY ACCESS ROADWAY AROUND THE WESTERLY EDGE OF THE ICE HARBOR, BETWEEN FIRST AND SECOND STREETS Wbexans, the City of Dubuque is currently develoling and eonstroedng an emergency access lmuiway essodated with the Ice Ha~onr Duvalopment, to bu located along the westerly edge of the Ice Harbor, between First and Second Streets; and Whereas, this roadway will be built on and adjacent to Chicago CenUal and Pacific Railroad Company trackng~; and Whereas, said railroad uenFany has pre- pa~ed a Public Works Agreement outliuing the teams and conditions of their approval to construct this rondway. NOW, THEREFORE, BE IT RESOLVED BY TRE CITY COUNCIL ON THE CITY OF DUBUQUE, IOWA: Section 1. That the a~ached Public Works Agl~em~nt with tho Chic. ago Cantsal and Pacific Railroad Company be approved, Section 2. That the Mayor bo authorized and directed to execute two copies of this agluemeflt and forward the executed copies to the Chicago Central and Pacific Rallrond Company for their approval. Passed, approved and ndopted this 21st day of October, 1991. lan~s E. Brady Mayor Auest: Mary A. Davis City Clerk Council Member Klansner moved adop- tion of the Resolution. Seconded by Council Memlm' Vcetberg. Canted by the following vote: Yeas--Mayor Brady, Council Members Deich, Kiansner, Kfleg, Nicholson, Pra~ Vcetberg. Nays--None. There being no further business, Council Member Nicholson nmved to adjourn the meeting. Seconded by Council Member Pra~. Can/ed by the following veto: Yeas--Mayor Brady, Council Members Deich, Kluesuer, Kfiag, Nicbulson, Pratt, Vontberg. Nays-None. Regular Session, OCtober 21, 1991 Meeting adjourned at 11:57 p.m. M=y A. l~vis Council Memben 430