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1990 March Council Proceedings Special session, March 12,1990 93 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Sessioo, M=h 12,1990. Council Met 817:30 p.m. Puhlic Ubrary Auditorium. Present--Maya- Bmdy, Council Members Deich, Heckmann, Kluesner, Pratt, Voet- berg. Assistant City Manager Stephani 10hnson, Corporation Counsel Barry A. Undalù. Absent-Council Member Nicholson, City Manager W. Kenneth Gearhart. Mayor Brady read the call and stated this is a Special Session of the City Council called for the purpose to coosider setting a public hearing to dispose of City's interest in propeny to Blue Moon Development Company, Inc. and acting upon such busi- ness which may properly come before the Council. PROCLAMATIONS: Mooth of M=h as "Mental Retardation Month" received by Roy Schmeichel; Month of March as "Women's History Mooth"received by Sara McAlpin. AssiStant City Manager Stephani 10hnson presented a SPIRIT Action Acknowledgement Certificate in the Innovative Category to City employee Connie Riedl of Building Services Divisioo. Communication of City Manager sub- mitting resolutions authorizing submission of State Transit Assistance FY 1991 Application and Section 9 FY 1991 Operat- ing/Capital Assistance Application and re- questing public hearings be se!for April 16, 1990, presented and read. Council Member Pr81t moved that the communiearion be received and filed and set public hearings for April 16, 1990 at 7:30 P.M. in the Public Hearing in the Public Ubrary Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Heckmann. Canied by the fullowing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-None. Absent-Council Member Nicholson. RF.<iOLUTION NO. 80.90 RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OFI964,ASAMENDED. Whereas, the SecretatyofTransportatioo is authorized to malee grants fa- a mass ttansportation program of projects; Whereas, the contract fa- financial assis- tance will impose certain obligations upou the applican~ including the provision by it of the local share of the project costs in the program; Whereas, it is required by the U.S. DepartmentofTransportationin accord with the provisions ofTitle VI of the Civil Rights Act of 1964, th81 in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and Whereas, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with these projects, and that definitive pr0- cedures shall be eStablished and administered to ensure that minority busi- ness shall have the maximum constJUction con~ supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THECITV COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. Th81 the Maya- of the City of Dubuque is authorized to execute and file applications on behalf of the City of Dubuque with the U.S. Department of Transportation to aid in the financing of an operating assistance project and the capital financing for purchase of various shop equipment items, pursuant to Sectioo 9 of the Urban Mass Transportation Act of 1964, as amended. Section 2. That the Mayor and City of Dubuque is authorized to execute and file with such applications an assurance or any other document required by the U.S. 94 Special session, March 12,1990 Department of Transportation effectuating the purposes ofTitle VI of the Civil Rights Actofl964. Section 3. Th81 the Transit Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application for the program of projects. Section 4. Th81 the Mayor of the City of Dubuque is authorized to set forth and execute affirmative minority business policies in connection with the program of projects procurement needs. Section 5. That the Mayor of the City of Dubuque Is authorized to execute grant agreements on behalf of the City ofDubuque with the U.S. Department ofTransportatioo for aid in the financing of the operating and capital assistance program of projects. The undersigned duly qualified and acting Mayor of the City of Dubuque cer- tifies that the foregoing is a tJUe and correct copy of a resolution, adopted at a legally convened meeting of the City Council of the City of Dubuque, Iowa. Passed, approved and adopted this 12th dayofM=h,I99O. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adnptioo of the Resolution. Seconded by Council Member Heckmann. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays-Council Member Heckmann. Absent-Council Member Nicholson. RF.'iOLUTION NO. 81.90 RESOLlTllON AurnORlZING THE FILING OF A CONSOLIDATED GRANT APPLICATION FOR OPERATING ASSISTANCE wrrn THE STATE TRANSIT ASSIS- TANCE PROGRAM AND AUTHORIZING THE ENTERING INTO OF A CONTRACT wrrnTHE lOW A DEPARTMENT OF TRANSPORTATION. NOW, THEREFORE, BE IT RESOLVED BYTHECITV COUNCIL OF THE CITV OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized to submit and execute on behalf of the City of Dubuque a consolidated grant appliearion for 2.1725% offormulafunds (approximately $119,488) with the State Transit Assistance Program and is further authaized to enter into a contract with the Iowa DeportmentofTransportaIion fa- such operating assistance. Section Z. That the Transit Manager is hereby authorized to furTÚsh such additional information as the Iowa Department of Transportation may require in connection with such grant applications. Passed, adopted and approved this 12th day of March, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resulution. Seconded by Council Member Heckmann. Carried bY the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Prat~ Voetherg. Nays-None. Absent- Ccatncil Member Nicholson. Communication of City Manager sub- mitting resolutions initiating the bidding process fa- the installatioo of a new bus lift system at the Keyline Transit Facility, presented and read. Council Member Voet- berg moved that the communication be received and filed. Seconded by Council Member Deich. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-None. Absent-Council Member Nichnlsoo. RESOLUTION NO. 82.90 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Removal of Existing Bus LIft System and Installation of a New Complete Bus Lift System fa- the Transit Divisioo of Public Works Departmen~ in the estimated amount of $30,000.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 12th day of March, 1990. Special sessIon, March 12,1990 95 lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tioo of the Resolution. Seconded by Council Member Deich. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-None. Absent- Council Member Nicholson. RF.'iOLUTION NO. 83-90 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifica- tions, and form of contract and placed same on me in the office of the City Cieri< for public inspection of the Removal ofExisting Bus Lift System and Installation of a New Complete Bus Lift System for the Transit Division of Public Works DepartmenL NOW, THEREFORE, BE IT RESOLVED, that on the 2nd day of April, 1990, a public hearing will be held at 7:30 p.m. in the Public Ubrary Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvemen~ and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be puhlisbed in a newspaper having general cireulation in the City of Dubuque, Iowa, which notice shall be not less than four days na- more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appeal and file objections to the proposed plans, specifica- tions, contract, or estimated cost of the improvement Passed, approved and adopted this 12th day of March, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tioo of the Resolution. Seconded by Council Member Deich. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-None. Absent-Council Member Nicholson. RF.'iOLUTION NO. 84-90 ORDERING BIDS BE ITRESOL VED BY THE COUNCIL OF THE CITV OF DUBUQUE, IOWA: That the Removal of Existing Bus Lift System and Insrallation of a New Complete Bus Uft System for the Transit Division of Public Works Department is hereby ordered to be advertised for bids fa- constructioo. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall con- form to the provisions of the notice to bid- ders herebY appreved as a part of the plans and specificatioos heretofore adopted. That the City Clerk is herebY directed to advertise for bids for the construction of the improvements herein provided, to be pub- lished in a newspaper having general cir- culatiooin the CityofDubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 26th day of MaICh. 1990. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:30p.m on the 2nd day of April, 1990. Passed, approved and adopted this 12th day of March, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tioo of the Resolution. Seconded by Council Member Deich. Canied by the following vote: Yeas-Maya- Brady, Council Mem- bers Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-None. Absent-Council Member Nicholson. Communication of City Manager sub- mitting Resolution initiating disposing of Blocks 12 and 12A in the Dubuque Downtown Plaza; establishing the Fair Market Value of the parœl and setting for poblic hearing advising of City's intent to dispose of said parcel to the Ryan Construe- tioo Company of Minnesota, Inc., presented and read. Council Member Deich moved that the Mayor be allowed to sign Resolutioo with the Clerk to advertise to sell the property. Secooded by Council Member Heckmann. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-None. Absent-Council Member Nicholson. --- ~ 96 Special session, March 12, 1990 RESOLUTION NO. 85.90 RESOLUTION (I) APPROVING THE M1NIMUM REQUIREMENTS, COMPETITIVE CRITERIA, OF- FERING DOCUMENTS AND PRO- CEDURES FOR DISPOSmON OF CERTAIN URBAN RENEWAL PROPERTV; (2) DETERMINING THAT THE PROPOSAL SUB- MITTED BY RYAN CON- STRUCTION COMPANY OF MINNESOTA, INC. SATISFIES THE OFFERING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO ENTER INTO THE AGREEMENT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT BY AND BE- TWEEN THE CITY OF DUBUQUE AND RYAN CONSTRUCTION COMPANY OF MINNESOTA,INC. IN THE EVENT TIIAT NO COM- PETING PROPOSALS ARE SUB- MITTED; AND (3) SOLICITING COMPETING PROPOSALS. Whereas, the City ofDubuque, Iowa, did on May 18. 1967, adopt an Urban Renewal Project known as the Downtown Urban Renewal Projec~ Iowa R-15 (the "Plan") for the urban renewal area described therein; and Whereas, such Plan has provided for amendments from time to time to permit the City to respond to development oppor- tunities as and when they might appear; and Whereas, such plan provides for, among other things, the acquisition and disposition of properties for private rehabilitation as a proposed renewal action; and Whereas, Ryan Construcrion Company of Minnesota, Inc. (the "Redeveloper") responded to the circumstances above described by submitting to the City aspecific proposal for the acquisition of certain property hereinafter descrihed for redevelopment for an office building, together with the request that this property be made available for disposition as rapidly aspossihle; and Whereas, in order toestablish reasonably competitive bidding procedures for disposi- tion of the property in accordance with the statutory requirements ofChapter4æ, Code of Iowa, 1999, and particularly Section 4æ.8, and to assure that the City extends a full and fairopportunityto all Redevelopers interested in submitting a proposal, a sorn- mary of submission requirements and mini- morn requirements and competitive criteria -----" for the property offering has been prepared and is attached hereto as Exhibit A and by this referenoe is made a part hereof, which sets out the minimum requirements each proposal must satisfy in order to qualify for consideration with respect to the competi- tive criteria, the information and docornents which must be submitted, and the schedule for submission and competitive bid-off procedures; and Whereas, said Redeveloper has executed and tendered an Agreement for Sale of Land for Private Redevelopment with the City, attached hereto as Exhibit B, which proposes the construction of an office building on this property; and Whereas, to both recognize the film proposal fa- dispositioo of the property al- ready received by the City, as described above. and to give full and fair opportunity to other redeveiopelS interested in submiuing a proposal for redevelopment of the property, iltis Council should by this Resolution: I) Approve the appraisal of the Property, attached hereto as ExhihitC, and set the Fair Market Value of the paICel for uses in ac- cordance with the Urban Renewal Plan, as amended. 2) Approve the information and instJUc- tions for submission of proposals for the purchase and redevelopment of the property and the minimum requirements and com- petitivecriteriaattached hereto as Exhibit A. 3) Approve the Redeveloper's proposed Agreement for Sale of Land for Private Redevelopmentattached hereto as Exhibit B as to form. 4) Set a date for receipt of competing proposals and the opening thereof; establish a procedure for each propouent to better its proposal and set a cutoff time for such mudificatioo; and provide forreview of such proposals with recommendations to this Council in accordance with established procedures. 5) Declare that the proposals submitted hy the Redeveloper satisfies the require- ments of the offering, and that in the event no other qualified proposal is timely sub- mitted that the City intends to accept such proposal and enter into the Agreement for Sale of Land for Private Redeveloproent and direct publication of notice of said intenL 6) Approve and direct publiearion of a notioe to advise any would be competitors of the opportunity to compete for purchase of the property for redevelopment on the terms and conditions set out above. Special session, March 12,1990 97 7) Declare that in the event another qualified proposal is timely submitted, another and future notioe will be published on the intent of the City to enter into the resulting contrac~ as required hy law; and Whereas, this Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to offer this property for redevelopment as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITV COUNCn. OF THE CITV OF DUBUQUE, IOWA: SectJon 1. That the following legally described property shall be offered for dis- position for redevelopment in accordance with the terms and conditions contained in this Resolution, to wit: Block 12 and Block 12A, in Dubuque Downtown Plaza Section 2. That the appraisal of the property by Iowa Appraisal and Researeh Corpnratioo (Exhibit C) is hereby accepted and approved, and it is hereby detemúned that the disposition price of the property shall bein theamountof$46,500.00outright purchase of the propeny, which price is its fair value fa- use in accordance with the Plan. Section 3. It is hereby determined that in order to qoalify for consideratioo for selec- tioo each Developer must submit a proposal which meets these minimum requirements: a) Cootains an agreement to acquire the Property at not less then the amount of the fair value for use in accordance with the Plan; b) Is for the construction and operation of a 40,000 square foot office building, in conformance with the Plan; c) Includes the constJUction schedule in which constJUction shall commence no later thanDecember3I,199O; d) Includes a written commitment for permanent financing or provides through other means acceptable to the City similar demonstrative evidence of the financial capacity of the redeveloper to timely com- mence and complete the proposed rehabilitation activities; e) Sets out or provides throngh other means acceptable to the City the redeveloper's experience in working with other public/private redevelopment projects and with constJUction; and f) Sets out or provides through other means acceptable to the City the experience of the principals and key staffwhoare direct- ly engaged in performance of contract obligations in carrying out projects of similar scale and character. Section 4. That is hereby determined that each proposal which satisfies the minimorn requirements as detemúned by the City, shall be reviewed on the basis of the strength of such proposal as judged by the following competitivecriteria: a. Quality of the Proposed Development (I) The overall cost and total cost of elements of the projec~ (2) The types of materials shown for constJUction of the stJUcture; and (3) Overall project amenities. b. Arehitectural Design of the Proposed Development: (1) The compatibility of the design with adjacent structures, viStas, pedestriàn traffic, vehicularactivities and future development of adjacent blocks; (2) The functiooal design of the site, the structure and all public spaces; (3) The aesthetic qoality of the developmen~ and (4) The type, size and arrangement of facades along each street frontage. c. Economic Feasibility of the Proposed Development: (I) The econornicreturn to the com- munity provided hy the proposed development including, but not limited to, the property and sales tax generated, the nornber of jobs provided and the en- couragement of similar and related development in the downtown area. (2) The ability of the prospective developer to fmance and complete the project as proposed. SectIon 5. That the proposed Agreement for Sale of Land for Private Redeveloprnen~ by and between the City and Redeveloper be and is hereby approved as to form for the purposes hereinafter stated. Section 6. That for the purpose of defin- ing the offering of the Property for redevelopmen~ said Agreement for sale of Land fa- Private Redevelopment shall be deemed to beillustrative of the terms accept- able to the City with respect to: 98 Special session, March 12, 1990 a. Purchase price; b. Conveyance of property; c. Time fa-commencement and comple- tioo of improvements; d. Time fa- certain other actioos; e. Pcriod of duration of covenant on use; f. PreparaJioo of propeny for redevelop men~ g. Rights of access to property; h. Coostruetioo plans, construetion of improvements; certificate of completioo; i. Restrictions upou use of property; j. Optioo to purchase additiooal real property; k. Prohibitions against assignment and ttansfer; 1. Mortgage financing; rights of mortgages; m. Remedies; and n. All additional provisions; provided, however, that each competing proposal and contract shall be permitted: (I) To devise and report its own design for redevelopment so loog as the minimornrequirements setoutinExhibit A are me~ (2) To devise and report its own method and sources of financing, so long as such proposal is sufficient to assure financing of the project in a timely man- ner;and (3) To allow takin8 possession of the property to be delayed for up to six (6) mooths after the executioo of the con- tracL No other substantive deviations shall be permitted. Section 7. That the proposed Agreement submitted by the Redeveloper satisfy the requirements of the offering and, in theevent that no other qualified proposals are timely submitted, that the City enter into said agree- ment is hereby accepted and approved. Section 8. That it is hereby determined that Redeveloper possesses the qualifica- tioos, financial resources and legal ability necessary to acquire and redevelop the property in the manner proposed by this ~~ ' offering in accordance with the Plan, as amended to date. Sectl... 9. That it is hereby determined that the dispositioo price for the property offered to the Redeveloper is in the amount of the Fair Value thereof established by this Council hereinabove for uses in accordance with the Plan. Section 10. That the City Clerk shall receive and retain fa-public examination the attached Agreement for Sale of Land for Private Redevelopment of the propeny sub- ntitted by the Redeveloper and, in the event no other qualified proposals are timely sub- mitted, shall resubmit the same to this Coun- cil for final approval and execution upon expiration of the notice hereinafter prescribed. Section 11. That the action ofthis Coun- cil be considered to be and does hereby constiblte notice to all concerned of the in- tention of this Council, in the event that no other qualified proposals are timely sub- mitted, to accept the proposal of the Redeveloper to acquire and redevelop the property and to enter into the Agreement for Sale of Land for Private Redevelopment by and between the City and the Redeveloper. Section 12. That the official notice of this offering and of the intent of the City, in the event no otherqoalified proposals are timely submitted, to enter into the Agreement for Sale of Land for Private Redevelopment by and between the City and the Redeveloper, shall be a true copy of this resolution, but without the attachments referred to herein. Section 13. That the City Clerk is authorized and directed to secureimmediate publication of said official notice in the Telegraph Herald, a newspaper having a general cireulation in the community, by publication of the text of this Resolution 00 or before the 15thdayofMaICh.I990. Section 14. That written proposals for the sale and redevelopment of the property will be received by the City Manager or his designated staff member at or before 9:30 a.m April 16, 1990. Said proposals will be received in the Office of the City Clerk, located on the First Aoor at City Hall, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall,Dubuque,IowaonApriI16,1990.Said proposals will then be presented to the City Council at 7:30 p.m., April 16, 1990 at a meeting to be held in the Auditorium of the Carnegie Stout Public Library, Duboque, Iowa. SpecIal session, March 12,1990 Section 15. That sueh offering shall be in substantial conformance with the provisions of Section 403.8, Code of Iowa, requiring "reasonable competitive hidding proce- dures" as are hereby prescribed which method is hereby determined to be the ap- propriate method for making the Property available for redevelopmenL Section 16. That the required docornents for the submission of a proposal shall be in snbstantial conformity with the provisions of this Resoiution. Section 17. That the City Clerk is bereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the sale of the property from the City Manager or his designated staff member at the date and according to the procedure hereinabove specified for receipt of such proposals and to proceed at such time to fonnally acknowledge receipt of each of such proposals by noting the receipt of same in the Minutes of the Council; that the said City Manager is hereby authorized and directed to malee prelintinary analysis of each such proposal for compliance with the minimorn requirements established by this Council hereinabove. For each proposal which satisfies these requirements, the Council shall judge the strength of the proposal by the COmpetitive criteria estab- lished hereinabove. The Council shall then make the final evaluation and selection of the proposals. Section 18. That following receipt of competing proposals, the Redeveloper shall have until 9:00 a.m. on Aprillg, 1990 to amend its proposal in respouse and to deliver same to the City Clerk. Sectloo 19. That if, and only if, compet- ing proposals are received and determined by the Council to meet tbeminimumrequire- ments of this Resolution, and the Redeveloper amends it proposal in response thereto, such Council shaH forthwith schedule a mecting within five days after April 18, 1990, at which meeting there shall be a bid-off, each proposal against the other, seriatim starting with the second proposal received until such time as each proponent for the sale of the property shall decline to improve its bid in response to the last bid of the other bidder or bidders. The period of time to be allowed for such bid-off shall not be in excess of three consecutive hours on said date. The rules of such bid-off shall be as informally determined by the Council at or before such bid-off period and shall be absolute. Sectioo 20. That in the event another qualified proposal is timely submitted, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting contrac~ as re- quired by law. Passed, approved and adopted this 12th dayofMarch,199O. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolutioo setting it for Public Hear- ing on April 16, 1990 81 7:30 p.m. in the Public Ubrary Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Heckmann. Carried by the foHow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Prat~ Voetberg. Nays-None. Absent- Council Member Nicholson. Communication of City Manager requesting public hearing be held regarding disposing of City's interest of Blocks 14, 14A and 14B of the Duboque Downtown Plaza to the Blue Moon Development Com- pany for development of a Hotel Complex, presented and read. Council Member Heckmann moved that the communication be received and filed. Seconded by Council Member PratL Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. Nays- Council Member Heckmann. Absent- Council Member Nicholson. RF.<iOLUTION NO. 86.90 A RESOLUTION (I) APPROVING THE MINIMUM REQUIRE- MENTS, COMPETITIVE CRITERIA, OFFERING DOCU- MENTS AND PROCEDURES FOR DISPOSITION OF CERTAIN URBAN RENEWAL PROPERTY; (2) DETERMINING THAT THE PROPOSAL SUBMITTED BY BLUE MOON DEVELOPMENT COMPANY (IOWA) SATISFIES THE OFFERING REQUIRE- MENTS AND DECLARING TIlE INTENT OF THE CITY TO ENTER INTO TilE AGREEMENT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT BY AND BE- TWEEN THE CITY OF DUBUQUE AND BLUE MOON DEVELOP- MENT COMPANY (IOWA) IN THE EVENT TIlAT NO COMPET- ING PROPOSALS ARE 99 100 Special Session, March 12,1990 SUBMITTED; AND (3) SOLICIT- ING COMPETING PROPOSALS. Whereas, the City ofDubuque, Iowa, did on May 18, 1967, adopt an Urban Renewal Project known as the Downtown Urban RenewaiProjec~ IowaR-15 (the "Plan") for the urban renewal area described therein, which plan was amended from time to time; and Whereas, such plan provides for, among other things, the acquisition and disposition of properties for private rehabilitation as a proposed renewal action; and Whereas, Blue Moon Development Company (Iowa) (the "Redeveloper") responded to the circumstances above described by submitting to the City aspecifie proposal for the acquisition of certain property hereinafter described for redevelopment for a hotel complex, together with the request that this property be made available for disposition as rapidly as possible; and Whereas, in order to establish reasonably competitive bidding procedures for dispooi- tioo of the property in accordance with the statutory requirements of Chapter 403 Code of Iowa, and particularly Sectioo 403.8 and to assure that the City extends a full and fair opportunity to all Redevelopers interested in suboúuing a proposal, a summary of sub- mission requirements and oúnimum re- quirements and competitive criteria for the downtown hotel site offering has been prepared and is attached hereto as Exhibit A and by this reference is made a part hereof, which sets out the minimorn requirements each proposal must satisfy in ordertoqualify for consideration with respect to the com- petitive criteria, the information and docu- ments which must be submitted, and the schedule for submission and competitive bid-off procedures; and Whereas, said Blue Moon Development Coropany (Iowa) has submitted a detailed proposal and has executed and tendered the Agreement for Sale of Land for Private Redevelopment with the City attached hereto as Exhibit B which proposes a hotel complex on this property; and Whereas, to both recognize the firm proposal for disposition of the property al- ready received by the City, as described above, and to give full and fair opportunity to other Redevelopers interested in submitting a proposal for redevelopment of the proper- ty, this Council should by this Resolutioo: I) Approve the appraisal of the propeny attached hereto as ExhibitC, and set the Fair Market Value of the paICCl for uses in ac- cordance with the Urban Renewal Plan, as amended; 2) Approve the information and instJUc- tions for submission of proposals for the purchase and redevelopment of the property and the oúnimum requirements and com- petitivecriteriaattached hereto as ExhibitA; 3) Approve the Blue Moon Develop- mentCompany (Iowa) proposed Agreement for Sale of Land for Private Redevelopment attached hereto as Exhibit B as to form in- corporated herein by reference; 4) Set a date for receipt of competing proposals and the opening thereof; establish a procedure for each proponent to better its proposal and set a cutoff time for such modification; and provide forreview of such proposals with recommendations to the Council in accordance with established pro- cedures; 5) Declare that the proposals submitted by Blue Moon Development Company (Iowa) satisfies the requirements of the of- fering and thatin theevent no other qualified proposal is timely submitted that the City intends to accept such proposal and enter into the Agreement for Sale of Land for Private Redevelopment incorporated herein by reference and direct publiearion of notice of said intent; 6) Approve and direct publication of a notice to advise any would be competitors of the opportunity to compete for purchase of the property for redevelopment on the terms aod conditions set out above. 7) Declare that in the event another qualified proposal is timely submitted, another and future notice will be published on the intent of the City to enter into the resulting contrac~ as required by law; and Whereas, the Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to offer this property for redevelopment as set forth herein; NOW, THEREFORE, BE IT RESOLVED BY TIJECITV COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: SedJoD 1. That the following legally described property shall be offered for dis- pooitioo for redevelopment in accordance with the termS and couditions contaitted in this Resolution and the Plan, to wit: Special session, March 12, 1990 Blocks 14, 14A and 14B, Downtown Dubuque Plaza That the City will receive and consider competing proposals encompassing all or any part of the property as provided herein. Section 2. That the appraisal of the property by Iowa Appraisal and ReSCaICh C<rporatioo inoorporated herein as Exhibit C is hereby accepted and approved, and it is hereby determined that the disposition price of the property shall be in the amount of $108,000.00 outright purchase of the property, which price is its fair value for use in accordance with the Urban Renewal Plan. Section 3. It is hereby determined that in order to qualify for consideratioo for selec- tioo each Developer must submit a proposal which meets these minimum requirements: a) Is in the amount of the "Fixed Sales Price"; b) Is for the constJUctioo and operation of a full-service, commercial hotel with not less than 190 rooms and including a parking facility of not less than 200 spaces, recrea- tioo facilities including but not limited to an enclosed pool and exercise room, a restaurantJIounge and meeting facilities; c) Provides that such hoteJ complex shall have a national franchise for a Oarion Hotel or its equivalent; d) Provides for the development of an enclosed pedestrian connection between the hotel and the City of Dubuque's Five Flags Civic Center; e) Includes the constJUcnon scbedule in which constJUction shall commence within 90 days after the date of the conveyance of developmentrights to said property and shall be completed on or before lune 30, 1991; 1) Includes a Statement oflntent to enter into an agreement with the City binding the Redeveloper, his successors and assigns to accept an assessed value placed upon the completed project by the City Assessor without protest, challenge or o~ections for that period of time necessary for the taxes paid on thepropertytoequal the debt service for the contemplated Urban Renewal Tax Increment Financing. Section 4. Thatis hereby determined that each proposal which satisfies the oúnimurn requirements as determined by the City, shall be reviewed on the basis of the strength of such proposal as judged by the following competitive criteria: 101 A) The hard cost and total cost of elements of the projec~ I) The types of materialsshown fa- constJUction of the hoteJ and parking facility. 2) Overall project amenities. 3) The quality of the national franchise contained in conjunction with the project B) Architectural design of the proposed development: I) The compatibility of the design with adjacent structures, vistas, pedesttiantraffic, vehicular activities and future development of adjacent blocks. 2) The functiooal design of the site, the stJUcture and all public spaces. 3) The aesthetic quality of the development and its sensitivity to the =hitectural hcritage of adjacent proper- ties. 4) Tbetype,sizeandarrangementof facades along each street frontage. C) Economic feasibility of the proposed development: I) The feasibility of the proposed development based upon its respousive- ness to identify market nceds and the extent and the nature of the marketing effort proposed. 2) The economic retum to the com- munity provided by the proposed development including, but not limited to, the property and sales tax generated, the nornber of jobs provided and the en- couragement of similar and related development in the downtown area. 3) The ability of the prospective developer to finance and complete the project as proposed. Section 5. That the proposed Agreement for Sale of Land for Private Redeveloprnen~ by and between the City and Blue Moon Development Company (Iowa), incor- porated berein as Exhibit B, and is hereby approved as to form for the purposes hereinafter stated. Section 6. That the proposal and agree- mentsuboútted by Blue Moon Development Coropany satisfy the requirements of the offering and, in the event that no other qnalified proposals are timely submitted, 102 Special session, March 12, 1990 that the City enter into said agreement is hereby accepted and appreved. Section 7. That it is hereby determined that Blue Moon Development Company possesses the qualifications, financial resources and legal ability necessary to ac- quire and redevelop thepropeny in the man- ner proposed by this offering in acconlance with the Urban Renewal Plan, as amended to date. Section 8. That it is hereby determined that the dispositioo price for the property offered by Blue Moon Development Com- pany is in the amount of the Fair Value thereof established by this Council hereinabove for uses in accordance with the Urban Renewal Plan. Section 9. That the City Clerk shall receive and retain forpublic examination the attached proposal and agreement for redevelopment of the property submitted by Blue Moon Development Company and, in the event no other qualified proposals are timely submitted, shall resubmit the same to this Council for final approval and executioo upon expiration of the notice hereinafter prescribed. Section 10. That the actioo of this Coun- cil be considered to be and does bereby constitute notice to all concemed of the in- tention of this Council, in the event that no other qualified proposals are timely sub- mitted, to accept the proposal of Blue Moon Development Company to acquire and redevelop the property and to enter into the Agreement for Sale of Land for Private Redevelopment by and between the City and Blue Moon Development Company. Section 11. That the official notice of this offering and of the intent of the City, in the event no other qualified proposals are timely submitted, to enter into the Agreement for Sale of Land for Private Redevelopment by and between the City and Blue Moon Development Company, shall bea tJUecopy of this Resolution, but without the attach- ments referred to herein. Section 12. That the City Clerk is authorized and directed to secure immediate publication of said official notice in the Telegraph Herald, a newspaper having a general circulation in the community, by publiearion of the text of this Resolution on or before the 15th dayofMaICh, 1990. Section 13. That written proposals for the sale and redevelopment of the property will be received by the City Manager or his designated staff member at or before 9:30 a.m. April 16, 1990. Said proposals will be received in the Office of the City Clerk, located on the First Floor at City Hall, Dubuque, Iowa 52001. Each proposa1 will be opened at the hour of 10:00 a.m. in City Hall,Dubuque,lowaonApril 16, 1990. Said proposals will tllCn be presented to the City Council at 7:30 p.m., April 16, 1990 at a meeting to be held in the Auditorium of the Camegie Stout Public Library, Dubuque, Iowa. Section 14. That such offering shall be in substantial conformance with the provisions of Section 403.g Code of Iowa requiring "reasonahle competitive bidding proce- dures" as are hereby prescribed which method is hereby determined to be the ap- propriate method for making the property available for redevelopment. Section 15. That the required documents for the submission of a proposal shall be in substantial conformity with the provisions of this resolution. That said Agreement for sale of Land for Private Redevelopment shall be deemed to beillustrativeofthe terms acceptable to the City with respect to: a. Purchase price; b. Conveyance of propeny; c. Time for commencement and comple- tion of improvements; d. Time for certain other actions; e. ConstJUction of certain public im- provements; f. Public participation; g. Minimum assessment agreemen~ h. Easement agreemen~ i. Period of duration of covenant on use; j. Preparation of property for redevelop- men~ k. Rights of access to property; 1. ConstJUction plans, constJUction of improvements; certificate of completion; m. Restrictions upon use of propeny; n. Prohihitioos against assignment and ttansfer; o. Mortgage financing; rights of mortgages; p. Environmental provisions; Special session, March 12, 1990 q. Remedies; and r. All additiooal provisions; provided, however, that each competing proposa1 and contract shall be permitted: (I) To devise and report its own design fee redevelopment so loog as the minimum requirements set oot in Exhibit A are me~ (2) To devise and report its OWn method and sources of financing, so long as such proposal is sufficient to assure financing of the project in a timely man- ner;and (3) To allow taking possession of the property to be delayed fa- up to sis (6) mooths after the executioo of the con- tract. No other substantive deviations shall be permitted. Section 16. That the City Clerk is hereby nooùnated and appointed as the Agent of the City of Dubuque, Iowa to receive proposals for the sale of the property from the City Manager or his designated staff member at the date and according to the procedure hereinabove specified for receipt of such proposals and to proceed at such time to formally acknowledge receipt of each of such proposals by noting the receipt of same in the Minutes of the Couucil; that the said City Manager is hereby authorized and directed to make prelintinary analysis of each such proposal for compliance with the minimum requirements established by this Council hereinabove. For each proposal which satisfies these requirements, the Council shall judge the strength of the proposal by the competitive criteria estab- lished hereinabove. The Council shall then make the final evaluatioo and selection of the proposals. Section 17. Thai following receipt of competing proposals, the Redeveloper shall have until 9:00 a.m. on April ]8, 1990 to amend its proposal in response and 10 deliver same to the City Clerk. Sectloo 18. That if, and only if, compet- ing proposals are received and determined by the Council to meet the minimumrequire- ments of this Resolution, and the Redeveloper amends it proposal in response thereto, such Council shall forthwith scbedule a meeting wiiltin five days after April 18, 1990, at which meeting there shall be a hid-off, each proposal against the other, seriatim starting with the secood proposal received until such time as each proponent for the sale of the property shall decline to improve its bid in response to the last bid of the other bidder or bidders. The period of time to be allowed for such bid-off shall not be in excess of three consecutive hours on said date. The rules of such bid-off shall be as informally determined by the Council at or before such hid-off period and shall be absolute. Section 19. That in the event another qualified proposal is timely submitted, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting contract, as required by law. Passed, approved and adopted this 12th dayofM=h,199O. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution, seuing it for Hearing on April 16, 199Oat7:30p.m.in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Pratt. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Kluesner, Pratt, Voetberg. Nays-Council Member Heckmann. Absent-Council Member Nicbolsoo. Communication of City Manager requesting authorizatioo to apply for an ap- plication of a Community Development Block Grant Guarantee for the Downtown Conventioo Hotel Project, presented and read. Council Member Heckmann moved that the communication be received and filed. Seconded by Council Member Pratt. Canied by the following vote: Yeas- Mayor Brady, Council Members Deich, Kluesner, Pratt, Voetberg. NaYs-Council Member Heckmann. Ahsenl-Council Member Nicbolson. RESOLUTION NO. 87.90 A RESOLUT]ON AUTHORIZING THE FILING OF AN APPLlCA- T~NFORALOANGUARANTEE THROUGH SUBPART M, SEC- TION 108 OF THE COMMUNITV DEVELOPMENT BLOCK GRANT PROGRAM FOR DOWNTOWN DUBUQUE CONVENTION HOTEL 103 104 Special Session, March 12, 1990 Whereas, the Blue Mooo Development Coropany proposes to develop a conventioo hotel on Urban Renewal Dispositioo Parcel 4-2 across from the Five Flags Civic Center in Dubuque; and Whereas, it has been determined that said proposal will not be feasible without non- local assistance. NOW, THEREFORE, BE IT RESOLVED BYTHECITV COUNCIL OF THE CITV OF DUBUQUE,IOW A: Section 1. That the City Council bereby authorizes the fùing with the U.S. Depart- ment ofHousing and Urban Development of an application for loan guarantee in confor- mance with Subpart M, Secrion 108 of the Community Development Block Grant regulations. Said application shall request a loan guarantee for the purpose of assisting in the development of a downtown convention hotel. Section 2. That the City Manager is hereby authorized and directed to act as the official representative of the City of Dubuque in connection with said loan guarantee application, and to provide such information as may be requested by the U.S. Department of Housing and Urban Development Passed, approved and adopted this 12th day of March, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Heckmann moved adoption of the Resolution. Seconded by Council Member Pratt Canied by the fol- lowing vote: Yeas-Mayor Brady, Council Members Deich, Kluesner, Prat~ Voetberg. Nays-Council Member Heckmann. Absent-Council Member Nicholsoo. Communication of City Manager re- questing the issuance of an emergencyrepair declaration for the Dodge Street Storm Sewer reconstruction, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Canied by the following vote: Yeas-Mayor Brady, Council Members Deieh, Heckmann, Klues- ner, Pratt, Voetberg. Nays-None. Absent-Council Member Nicholsoo. RESOLUTION NO. 88.90 Whereas, the Dodge SlIeet storm sewer has been deterDÙned to be structurally deficient for the placement of U.S. 61 and relocated railroad tracks over this storm sewer, and Whereas, it is necessary that the City reconstruct the portion of this storm sewer beneath the constrUCtion area: and Whereas, it is essential for this work to be initiated as quickly as possible to DÙni- mize the delay and interference with the existing constJUction contract for the reloca- tion of the railroad ttacksin the Dodge Street area. NOW THEREFORE, BE IT RESOLVED BY THE CITV COUNCIL OF THE CITV OF DUBUQUE, lOW A: Section 1. That the delay of a public hearing and public letting could cause serious financial loss to the railroad, Langman Construction and the City of Dubuque. Section 2. That the City Council deems the emergency repair of this storm sewer to be advisable and necessary for the public welfare. Section 3. That the City Manager is hereby authorized and directed to enter into a porehase onIer with Langman CoostrUCtion. Inc. of Rock Island, Illinois in the approximate amount of $160,000.00 for the reconstruction of the Dodge Street storm sewer. Passed, approved and adopted this 12th day of March, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tioo of the Resolution. Seconded by Council Member Pratt Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Pratt, Voetberg. Nays-None. Absent-Council Member Nicholson. Communication of City Managerrecom- mending acceptance for the Renovation of the Third Floor of City Hall, Phase I in the amount of $70,635.00, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pratt. Canied by the following vote: Yeas-Mayor Brady, Council Members Deieh, Heckmann, Kluesner, Prat~ Voetberg. Nays-None. Absent-Council Member Nicholson. Special sessIon, March 12, 1990 RESOLUTION NO. 89.90 ACCEPTING IMPROVEMENT Whereas, the contract for the Dubuque City Hall Third Floor Renovation has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contrac~ plans and specifications and recommends it acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOW A: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTIIER RESOLVED that the City Treasurer be and he is hereby directed to pay to the conttaetor from the General and Sales Tax Funds in amount eqoal to the amount of his contIac~ less any retained percentage provided for therein. Passed, approved and adopted this 12th dayofMarch,199O. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tioo of the Resolution. Seconded by Council Member Pratt. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deieh, Heckmann, Kluesner. Pratt, Voetberg. Nays-None. Absent-Council Member Nicholson. RESOLUTION NO. 90-90 FINAL ESTIMATE Whereas, the conttact for the Dubuque City IlaII Third Floor Renovation has been completed and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices and inspeetioo and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED, BY TIlE CITY COUNCIL OFTIIE CITY OF DUBUQUE,IOWA: Section 1. That the cost of said improve- ment is hereby determined to be $70,635.00 and the said amount shall be paid from the General and Sales Tax Funds of the City of Dubuque, Iowa. 105 Passed, approved and adopted this 12th dayofM=h,199O. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tioo of the Resolution. Seconded by Council Member Pratt Carried by the following vote: Yeas-Mayor Brady, Couucil Mem- bers Deich, Heckmann, Kluesner, Prat~ Voetberg. Nays-None. Absent-Council Member Nicholson. There being no further business, Council Member Pratt moved to adjourn. Seconded by Council Member Voetberg. Canied by the following vote: Yeas-Mayor Brady, Council Members Deieh, Heckmann, Kluesner, Pratt, Voetberg. Nays-None. Absent-Council Member Nicholson. Meeting adjourned at 8:19 p.m. Mary A. Davis City Clerk 199'/ Z~~. ~ """" t.ÆwrJkJ Regular session, March 19,1990 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, M=h 19,1990. Council met at 7:30 o'clock p.m, Public Ubrary Auditorium. Present: Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Barry A. Undalù. Invocation was given by Rev. Russell L. Fate, Interim Pastor of Immanuel United Church of Christ PROCLAMATIONS: M=h 18-24 as "Poisoo Prevention Week"received by area pharmacists; May 29th as "John F. Kennedy School Day" received by students from 10hn F. Kennedy School. Mayor Brady read the call and stated this is the Regular Monthly Meeting of the City Council called for the purpose to act upon such business which may properly come before the Council. Proof of Publication certified to by the Publisher on Notice of Public Hearing to approve a Lease Agreement between the City of Dubuque and the Dubuque Racing Association, presented and read. Council Member Pratt moved that the proof of pub- lication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann. Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Council Member Kluesner moved to Suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Pratt Canied by thefollowing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voctberg. Nays-None. RESOLUTION NO. 91-90 Whereas, pursuant toresolutioo and pub- lished notice of date, time and place of a public hearing, published in the Telegraph Herald, a newspaper of general circulatioo 106 publisbed in the City of Dubuque, Iowa on the7thdayofM=h,I990,theCityCouncil of the City of Dubuque, Iowa, met on the 19th day ofM=h, 1990, at 7:30p.m. in the Public Library Auditorium, 11th & Locust Stteets, Dubuque, Iowa, to consider the lease of certain real property as set forth in the Lease Agreement between the City of Dubuque and the Dubuque Racing Associa- tion, Ltd., a copy of which lease is attached hereto and incorporated herein byreference; and Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objec- tions, oral or written, to the Lease Agreement NOW, THEREFORE, BE IT RESOLVED BY TIlECITV COUNCIL OF THE CITV OF DUBUQUE, IOWA: Section 1. The Lease Agreement be- tween the City ofDubuque and the Dubuque Racing Association, Lid., a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is authorized and directed to execute the Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 19th dayofMarch,199O. Attest: Mary A. Davis City Clerk lames E. Brady Mayor Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of Publication, certified to by the Publisher, on Notice of Public Hearing to consider an Ordinance amending Appendix A of the Code of Ordinance by providing for Freeway 61/151 Corridor Signage Overlay District relating to on and off-premise signs; Communication of Steve Neyens in favor of adopting the Freeway Corridor Planning Cornroittee's recommendations for restric- tion on billboards; Commumcation ofJames R. Dixon strongly opposed to any more billboards defacing the landscape around the City of Dubuque; Communication of Assis- tant City Manager submitting information regarding the Iowa Department of Transportation's sign regulations, Com- mumcation of lames O'Brien, Assistant City Attorney advising a simple majority of Regular session, March 19,1990 Regular session, March 19, 1990 (OFFICIAL PUBLICATION) ORDINANCE NO. 22.90 108 107 lames E. Brady Mayor FOR GROUP DAY CARE CENTERS AS A CONDITIONAL USE IN THE C-3 GENERAL COM- MERCIAL DISTRICT, THE C-4 DOWNTOWN COMMERCIAL DISTRICT, THE C-5 CENTRAL BUSINESS DISTRICT, THE LI LIGHT INDUSTRIAL DISTRICT AND THE HI HEAVY IN- DUSTRIAL DISTRICT; TO AMEND SECTION 4-7, HOME oc- CUPATION AND SECTION 8, DEFINITIONS IN REGARD TO CHILD CARE AND GROuP DAY CARE CENTERS; TO AMEND THE R-I, R-2, R-2A, R-3, R-4, OR, OS AND PR DISTRICTS IN REGARD TO GROuP DAY CARE CENTER PROVISIONS AND TO AMEND THE PC PLANNED COM- MERCIAL DISTRICT TO PRO- VIDE FOR GROuP DAY CARE CENTERS AS A PRINCIPAL USE. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: the City Council is required to enact the proposed amendment, presented and read. Council Member Pratt moved that the proof of publication and communications be received and filed. Seconded by Council Member Deich. Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Steve Hardee, Mary Ann lung!<. Latry Weitz, Steve Neyens, Terry Cicciarelli, Gary Olson and Terry Harrmann all spoke to the matter. Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of M=h, 1990. AN ORDINANCE OF TlIE CITY OF DUBUQUE, IOWA PROVID- ING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, lOW A, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF TIlE CITV OF DUBUQUE, IOWA BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LO- CATED SOUTH OF PENNSYL- VANIA AVENUE AND EAST OF MARJORIE CIRCLE FROM R-I SINGLE-FAMILY RESIDENTIAL AND PR PLANNED RESIDEN- TIAL DISTRICT TO R-2 TWO- FAMILY RESIDENTIAL AND R-3 MULTI-FAMILY RESIDENTIAL DISTRICTS. Mary A. Davis City Clerk 113123 Council MemberPratt moved final adop- tioo of the Oniinance. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deieh, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of Publication certified to by the Publisher on Notice of Public Hearing to amend Zoning Ordinance providing for Group Day Care Centers as Conditional Uses, presented and read. Council Member Kluesner moved that the proof be received and filed. Seconded by Council Member Pratt. Canied by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. lu1ie Woodyard and Susie O'Brien spoke Supporting the Zoning Oniinance amend- ment An Ordinance Amending Appendix A (Onlinanœ No. 13-85) of the CityofDubuque, Iowa, Code ofOrdinances by adding Section 4-3.12, Freeway 61/151 Corridor Signage Overlay District (SOD), relating to on and off-premise signs, (first reading only given on 2-12-90) presented for further action. Council Member Pratt moved that this be considered the second reading of the Or- dinance and that it be referred to Staff. Seconded by Council Member Deich. Cat- ried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. NOW, THEREFORE, BE IT ORDAINED BY TIlE CITV COUNCIL OF THE CITY OF DUBUQUE,IOW A: Section 1. That the Code of Ordinances of the City ofDubuque, Iowa be amended by revising Appendix A thereof, also known as the Zoning Onlinanceofthe City ofDubuque, Iowa to reclassify hereinafter described property from R-I Single-Family Residen- rial District to R-2 Two-Family Residential Distric~ to wit: Lot 17 through and including Lot 34, Block I, Sunset Park Fifth Addirion, and to the center line of the adjoining public right- of-way, all in the City of Dubuque, Iowa. Section 2. That the Code of Ordinances of the City ofDubuque, Iowa be amended by revising Appeudix A thereof, also known as the Zoning OnlinanceoftheCity ofDubuque, Iowa to reclassify hereinafter described property from R-I Single-Family Residen- tial Districtand PR Planned Residential Dis- trict to R-3 Multi-Family Residential Distric~ to wit: Section 1. That the Code of Onlinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the Zoning Onlinance of the City of Dubuque, fowa by enacting a new Section 3-3.3D(2) toestablish group daycarecenters in the C-3 General Commercial District as a conditional use as follows: Council Member Nicholson moved to adjourn the public hearing to when the Oniinance comes back. Seconded by Coun- cil Member Voetberg. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Council recessed - 9:38 p.m. Council reconvened - 9:56 p.rn. An Oniinance Amending Appendix A of the Code of Ordinances by provide for Group Day Care Centers as a Conditiooal Use in the C-3, C-4, C-5, and the LI and ill Districts and to amend Section 4-7, Home Occupation and Section 8, definitions in regard to Child Care and Group Day Care Centers; to amend theR-I, R-2, R-2A, R-3, R-4, OR, OS and PR Districts in regard to Group Day Care Center provisions and to amend the PC Planned Commercial District and to provide for Group Day Care Centers as a Principal Use, said Ordinance having been presented andread at the Council Meet- ing of Febrnary 19, presented for final ac- tion. Section 3-3.3, C-3 General Commercial District (D) Conditional Uses "2) Group day care center provided that a) Forty (40) square feet of indoor floor area (excluding halls and hathrooms)is provided per child in areas occupied by cribs; b) thirty-five (35) square feet ofin- door floor area (excluding halls and hathrooms)is provided per child in areas not occupied by cribs times the licensed capacity; Proof of Publication certified to by the Publisher on Notice of Public Hearing to reclassify property located South of Pen- nsylvania Ave. and East of Marjorie Circle from R-l and PR District to R-2 and R-3 Districts, presented and read. Council Mem- ber Pratt moved that the proof of publication be received and fùed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. An Ordinance Amending Zoning Oniinance by reclassifying property located South of Pennsylvania Avenue and East of Marjorie Circle from R-I Single-Family Residential and PR Planned Residential Dis- trict to R-2 Two-Family Residential andR-3 Multi-Family Residential Distric~ presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 23-90 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVID- ING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITV OF DUBUQUE, IOWA TO PROVIDE Block 2 of Sunset Park Fifth Addition, and to the center line of the adjoining public right-of-way of Pennsylvania Avenue, all in the City of Dubuque,lowa. Section 3. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque,lowa. Passed, approved and adopted this 19th day of March, 1990. c) seventy-five (75) square feet of fenced outdoor recrearion space is provided per child using the space at a given time; d) such facility shall provide for the loading and unloading of children so as not to obstJUct public streets or create traffic or salety hazards; ,n-¡ , 109 Regular session, March 19, 1990 e) all licenses have been issued or have been applied for awaiûng the 001- come of the Boord's decisioo; 0 no groop day-<:are center may be located within the same structure as any gas station, bar/tavern, autorrntted gas station or any facility selling, servicing, repsiring or renting vehicles; g) the patking group requirements can be met [g); and h) signage for a single-family hornc locatioo shall be limited to one (1) non- illurcinated wall-mounted sign not to exceed four (4) square feet in area." Section 1. That the Code of Ordinances of the City of Dubuque, Iowabeamended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa by enacting a neW Secûon 3-3.3F in regard to bulk regulations for group day care centers in the C-3 General Commercial Distric~ as follows: Section 3-3.3, C-3 General CornrnerciaI District (F) Bulk Regulations "Group day care center ~ IAAœ ....- SO SO ,,1000 S_..C1_ifi"'¡", t ¡ , 4 , 0,""""'" Section 3. That the Code of Ordinances of the City ofDubuque, Iowa be amended by revising Appeudix A thereof, also known as the Zoning Ordinance of the City of Dubuque, by enacting a neW Sectioo 3- 3.4D(12) to establish group day care centers in the C-4 Downtown Commercial District as a conditional use as follows: Section 3-3.4, C-4 Downtown Commer- ciaiDistrict (D) Conditional Uses "12) Group day care center provided that: a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by crib<; b) thirty-five (35) square feet of in- door floor area (excluding halls and bathrooms) is provided per child in areas not occupied hy crib< ûmes the licensed capacity; c) seventy-five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given ûme; d) such facility shall provide for the loading and unloading of children so as not to ob<truct public streets or create traffic or safety hazards; e) all licenses have been issued or have been applied for awaiting the out- come of the Boord's decision; 0 no group day-<:are center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; g) the patking group requirements can be met [g); and h) signage for a single-family home locatioo shall be limited to one (I) non- illuminated wall-mounted sign not to ex- ceed foor (4) square feel in area. " Section 4. That the Code of Ordinances of the City ofDubuque, Iowabeamended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, by enacting a new Section 3-3.4F in regard to bulk regulations for group day care cenlers in the C-4 Downtown Commercial Distric~ as follows: Section 3-3.4, C-4 Downtown Commercial District (F) Bulk Regulations "Group day care center IAAœ ~ ~ '.s. 1000 SO SO Section 5. That the Code of Ordinances of the City of Dubuque, Iowabeamended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, by enacting a new Sectioo 3- 3.5D(I) to establish group day care centers in the C-5 Central Business District as a conditional use as follows: Section 3-3.5, C-5 Central Business District (D) Conditional Use "I) Group day care center Regular Session, March 19,1990 110 a) Forty (40) square feet of indoor floor area (excluding halls and hathrooms) is provided per child in areas occupied by crib<; b) thirty-five (35) square feet of in- door floor area (excluding halls and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity; c) seventy-five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; d) such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; e) all licenses have been issued or have been applied for awaiting the out- come of the Board's decision; 0 no group day-care center may be located within the same structure as any bar/tavern, automated gas station or gas station; g) signage for a single-family home location shall be limited to one non-il- luminated, wall-mounted sign not to ex- ceed four (4) square feet in area; and h) the patking group requirements can be met [8]". Scclloo 6. That the Code of Ordinances of the CityofDubuque,lowa be amended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, by enacting a new Section 3- 4.I(D)1 to establish group day care centers asaconditional use in theLl LightIndustrial District as follows: Scction3-4.1, LI LightIndustriai District (D) Conditional Uses "I) Group day care center provided that a) Forty (40) square fect of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs; b) thirty-five (35) square fect of in- door floor area (excluding halls and hathrooms) is provided per child in areas not occupied by cribs times the licensed capacity; c) seventy-five (75) square fect of fenced outdoor recreation space is provided per child using the space at a given time; d) such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; e) all licenses have been issued or have been applied for awaiting the out- come of the Board's decisioo; 0 no group day-<:are center may be located within the same stJUcture as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; g) the parking group requirements can be met [8]; and h) no group day care center may be located in or adjacent to any structure or storage area where hazardous materials are present." Section 7. That the Code of Ordinances oftheCityofDubuque,lowa be amended by revising Appendix A thereef, also known as the Zoning OrdinanceoftheCity ofDubuque, by enacting a new Section 3-4.2D(I) to es- tablish group day carecenters as acondition- aI use in the HI Heavy Industrial District as follows: Section 3-4.2, HI Heavy Industrial District (D) Conditional Uses "(1) Group day care center provided that a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs; b) thirty-five (35) square fect of in- door floor area (excluding halls and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity; c) seventy-five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; d) such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; e) all licenses have been issued or have been applied for awaiting the out- come of the Board's decision; 111 Regular session, March 19, 1990 t) no group day-Ç8re center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repsiring or renting vehicles; g) the patking group requirements can be met [8]; and h) no 8roUP day care center may be located in or adjacent to any stJUcture or storage area where hazaIdous materials are present" Section 8. That the Code of Ordinances oftheCity ofDubuque, Iowa be amended by revising Appendix A thereof, also known as IheZoning OJdinanceoftheCity ofDubuque, by repealing Section 4-7.1 (b) and enacting a new Section 4-7. I (b) regatding child care as follows: Section 4-7, Home Occuparions Section 4-7.1, General Provisions "(b) Custornerand client contact shall be primarily by telephooe or mail and noton the premises of the home occupation, except those home occupations such as tutoring, teaching, child care or personal services which cannot be conducted without personal contact and as permitted in the following section." Sectloo 9. That the Code of Ordinances of the City ofDubuque, Iowabeamended by revising Appeudix A thereof, also known as the Zoning OJdinanceoftheCity ofDubuque, by repealing Section 4- 7.2(i) and enacting a new Section 4-7.2(i) regarding permitted home occupations as follows: Section 4-7, Home Occupations Section 4-7.2, Permitted HorœOccupations "(i) Child care for up to six (6) children atone time." Section 10. That the Code of Ordinances oftheCityofDubuque,lowa be amended by revising Appeodix A thereof, also known as the Zoning OJdinance of the City ofDubuque, by repealing thede!mition for "baby sitting" in Section 8 and enacring a new definition for "child care"as follows: Section 8, Defiuitions "Child care: A residential accessory use providing temporary supplemental parental care for non-related children where such care is provided within adwelling unit by the permanent resident thereof, and where the number of such children shall not exceed six (6) children at anyone time." Section 11. That the Code of OJdinances of the City ofDubuque, Iowa be amended by revising Appendix A thereof, also known as the Zoning OJdinance of the City of Dubuque, by repealing the definition of "day care cen- terornursery school"in Section 8 and enact- ing a new definition for "group day care center" as follows: Section 8, Definitions "GYoup day care center: An estab- lishmentregularlyproviding temporary sup- plemental parental care or educational instruction for more than six (6) non-related children." SectIonlZ. That the Code of Ordinances of the City ofDubuque, Iowa be amended by revising Appendix A thereof. also known as the Zoning OJdinance of the City of Dubuque, by repealing Section 3-I.ID(2) for nursery schooVday care center in an R-I Single- Family Residential District and enacting a new Section 3-1.1D(2) as follows: Section 3-1.1, R-I Single-Family Residential District (D) Conditional Uses "2) GYoup day care center provided that: a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty-five (35) square feet of indoor area (excluding halls and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity; and seventy-five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; b) the patking group requirements can be met [8]; c) such facility shall supply loading and unloading of children so as not to obstJUct puhlic streets or create traffic or safety hazards; d) all licenses have been issned or have been applied for awaiting the out- come of the Board's decision; and e) signageshall be limited to one (1) noo-illuminated, wall-mounted sign not to exceed four (4) square feet in area." Section 13. That the Code of Ordinances of theCityofDubuque, Iowa be amended by revising Appendix A thereof, also known as the Zoning OJdinanceofthe CityofDubuque, by repealing Section 3-1.20(3) and enacring Regular session, March 19,1990 112 anew Section 3-1.2D(3) providing forgroup day care centers as a conditiooal use in an R-2 Two-Family Residential District as fol- lows: Section 3-1.2, R-2 Two-Family Residential District (D) Conditional Use "3) Group day care center provided that: a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty-five (35) square feet of indoor area (excluding halls and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity; and seventy-five (75) square feet offenced outdoor recreation space is provided per child using the space at a given time; b) the parking group requirements can be met [8]; c) such facility shall supply loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; d) all licenses have been issued <r have been applied for awaiting the out- come of the Board's decisioo; and e) signageshall be limited toooe (I) noo-illuminated, wall-mounted sign not to exceed four (4) square fectin area." SectIon 14. That the Code ofOrdinances oftheCityofDubuque,lowa bearnended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubu- que, by repealing Section 3-1.3D(4) and enacting a new Section 3-1.3D(4) providing for group day care centers as a conditiooal use in the R-2A Alternate Two-Family Residential District as follows: Section 3-1.3, R-2A Alternate Two- Family Residential District (D) Conditional Use 4) Group day care center provided that: a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty-five (35) square feet of indoor area (excluding halls and bathrooms) per child in areas not oc- cupied by cribs times the licensed capacity, and seventy-five (75) square feet of fenced outdoor recreation space is provided per child using the space 81 a given time; b) the patking group requirements can be met [8J; c) such facility shall supply loading and unloading of children"" as not to obstruct public streets, or create traffic or safety hazards; d) all licenses have been issued or have been applied for awaiting the out- come of the Board's decision; and e) signageshailbelimitedtoooe(l) non-illuminated, wall-mounted sign not to exceed four (4) square fect in area." SectIon 15. That the Code of Ordinances of the City ofDubuque, Iowa be amended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Duhu- que, by repealing Section 3-1.4D(5) and enacting a new Section 3-1.4D(5) providing for group day care centers as a conditiooal use in the R-3 Moderate Density Multi- Family Residential District as follows: Section 3-1.4, R-3 Moderate Density Multi-Family Residential District (D) Conditiooal Uses "5) Group day care center provided that: a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty-five (35) square feet of indoor area (excluding halls and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity and seventy-five (75) square fect of fenced outdoor recreation space is provided per child using the space at a given time; b) the patking group requirements can be met [8J; c) such facility shall supply loading and unloading of children so as not to obstJUctpublic streets, or create traffic or safety hazards; d) all licenses have been issued or have been applied for awaiting the out- come of the Board's decision; and e) signageshall be limited toooe (1) noo-illuminated, wall-mounted sign not to exceed four (4) square feet in area. " Section 16. That the Code of Ordinances of the City ofDubuque, Iowa be amended by - " ~ 113 Regular session, March 19, 1990 revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, by repealing Section 3-1.5D(4) andenactinganewSecti003-I.5D(4)allow- ing for group day care centers as aconditioo- al use in the R-4 Multi-Family Residential District as follows: Section 3-1.5, R-4 Multi-Family Residential District (D) Conditiooal Uses 4) Group day care center provided that: a)Forty (40) square feet of indoor floor area (excluding halls and hathrooms) is proyided per child in areas occupied by cribs, thirty-five (35) square feet of indo<r area (excluding halls and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity and seventy-five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; b) the parking group requirements can be met [gJ; c) such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazatds; d) all licenses have been issned or have been applied for awaiting the out- come of the Board's decisioo; and e) signageshallbelimitedtoone(l) noo-illuminated, wall-mounted sign not to exceed four (4) square feet in area. " Section 17. That the Code of Ordinances oftheCityofDubuque, Iowa be amended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubu- que, by repealing Section 3-2.1D(4) and enacting a new Section 3-2. 1D(4) providing for group day care centers as a conditiooal use in an OR Office Residential District as follows: Section 3-2.1, OR Office Residential District (D) Couditional Uses "4) Group day care center provided that a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty-five (35) square feet of indo<r area (excluding halls and hathrooms) is provided per child in areas ---- not occupied by cribs times the licensed capacity and seventy-five (75) square feet of fenced outdo<rrecreation space is provided per child using the space at a given time; b) the parking group requirements can be met [3]; c) such facility shall supply loading and wùoading of children so as not to obstruct public streets, or create traffic or safety hazards; and d) all licenses have been issued or have been applied for awaiting the out- come of the Board's decision." Section 18. That the Code of Ordinances of the City ofDubuque, Iowa beamended by revisiug Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, by repealing Section 3-2.2D(6) and enacting a new Section 3-2.2D(6) providing for group day care centers as a conditional use in the OS Office Service District as follows: Section3-2.2, OS Office Service District (D) Conditiooal Uses "6) Group day care centers provided that: a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty-five (35) square feet of indo<r area (excluding halls and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity and seventy-five (75) square feet of fenced outdo<rrecreation space is provided per child using the space at a given time; h) the parking group requirements can be met [8]; c) such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; and d) all licenses have been issned or have been applied for awaiting the out- come of the Board's decision." Section 19. That the Code of Ordinances oftheCity of Dubuque, Iowa he amended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, by repealing Section 3-1.6B(2)(b) and enact- ing a new Section3-1.6B(2)(b) providing for group day care centers as a secondary use in Regular session, March 19, 1990 114 the PR Planned Residential Distric~ as fol- lows: Section 3-1.6, PR Planned Residential District (B) Permitted Uses "2) Secondary uses (b) Group day care center [8]" Section 20. That the Code of Ordinances oftheCity of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubu- que, by enacting a new Section 3-3.8B(73) providing for group day care centers as a principal permitted use in the PC Planned Commercial Distric~ as follows: Section 3-3.8, PC Planned Commercial District (B) Principal Permitted Uses "73) Group day care center [8J." Section 21. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 19th dayofMarch,199O. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 28th day of March, 1990. Mary A. Davis City Clerk It3(l8 Council Member Kluesner moved fioal adoption of the Ordinance, as amended. Seconded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Members Deieh,Heckmann,Klues- ner,Nicholson,Pratt, Voetberg.Nays-None. Proof of Publicatioo certified to by the Publisber on Notice of Public Hearing to reclassify property lOCated North of Pen- nsylvania Avenue and West of Radford Road from AG to C-2 Distric~ presented and read. Council Member Kluesner moved that the proof of publication be received and filed. Seconded by Council Member Heckmann. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Amending Zoning Ordinance by reclassifying property located North of Pennsylvania Avenue and West of Radford Road fromAG Agricultural to C-2 Neighborhood Shopping Center Distric~ said Ordinance having been presented and read at the Council Meeting of February 19th, presented for fioal actioo. (OFFICIAL PUBLICATION) ORDINANCE NO. 24-90 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVID- ING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS TIlE ZONING ORDINANCE OF THE CITV OF DUBUQUE, IOWA BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LO- CATED NORTH OF PENNSYL- VANIA A VENUE AND WEST OF RADFORD ROAD FROM AG AGRICULTURAL TO C-2 NEIGH- BORHOOD SHOPPING CENTER DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITV COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City ofDubuque, Iowa be amended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, by reclassifying hereinafter described property from AG Agricultural District to C-2 Neighborhood Shopping Center Distric~ to wit: Lot 2 of Lot 2 of Lot I of Lot I of Block 2 of Northrange Industrial Park, and to the center line of the adjoining puhlic right-<>f-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been approved hy the Planning and Zoning Commission of the City of Dubuque,lowa. Passed, approved and adopted this 19th dayofMarch,199O. lames E. Brady Mayor 115 Regular session, March 19, 1990 Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of Mareh, 1990. Mary A. Davis City Clerk 113/23 Council Member Kluesner moved fioal adoption of the Ordinance. Seconded by Council Member Heckmann. Carried by the following vote: Yeas-MayorBrady,Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Proof of Publicatioo certified to hy the Publisher on Notice of Public Hearing to reclassify property located at the Northeast corner of Davis and Windsor Ave. frornR-l to OS Distric~ presented and read. Council Member Kluesner moved that the proof of publiearion be received and filed. Seconded by Council Member Pratl Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. An Ordinance Amending Zoning Ordinance by reclassifying property located at the Northeast corner of Davis and Windsor from R-l Single-Family Residen- tial to OS Office Service District, said Ordinance having been presented and read at the Council Meeting of February 19, presented for final action. (OFFICIAL PUBLICA noN) ORDINANCE NO. 25.90 AN ORDINANCE OF THE CITV OF DUBUQUE, IOWA PROVID- ING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, lOW A, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITV OF DUBUQUE, IOWA BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LO- CATED AT THE NORTHEAST CORNER OF DAVIS AND WINDSOR FROM R-I SINGLE- FAMILY RESIDENTIAL TO OS OFFICE SERVICE DISTRICT. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITV OF DUBUQUE,IOW A: Section 1. That the Code of Ordinances of the City ofDubuque, Iowa be amended by ------- --- - -.. .1 revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubu- que, Iowa to reclassify hereinafter described property from R-I Single-Family Residen- tial District to OS Office Service District, to wit: Lot 2 of Lot I in Stonehill Community Subdivision No. I and to the center line of the adjoining poblic right-of- way all in the City of Dubuque, Iowa. Section 2. That the foregoing amend- ment has heretofore been approved by the Planning and Zoning Commissioo of the City of Dubuque,lowa. Passed, approved and adopted this 19th dayofM=h,199O. James E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of MaICh, 1990 Mary A. Davis City Clerk 113/23 Council Member Kluesner moved fioal adoption of the Ordinance. Seconded by Council Member Pratt Canied by the fol- lowing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pran, Voetberg. Nays-None. Proof of Publication certified to hy the publisher on Notice of Public Hearing to provide for a fec for an amended Conceptoal Development for the PR, PC, PI and ID Districts, presented and read. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Heck- mann. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Amending Zoning Or- dinance by enacting new Sections 3- 1.6D4(g), 3-3.gO4(g), Section 3-4.3O4(g), and Sectioo 3-5.2O4(g) to provide for a fee for an amended Conceptual Development Plan for the PR Planned Residential Distric~ PC Planned Commercial District, PI Planned Industrial District and ID Institu- tional District, said Ordinance having been presented and read at the Council Mectings of December Igth and February 27th (Budget meeting), presented for final actioo. Regular session, March 19, 1990 (OFFICIAL PUBLICATION) ORDINANCE NO. 26-90 AN ORDINANCE OF THE CITV OF DUBUQUE, IOWA PROVID- ING THAT THE CODE OF OR- DINANCES, CITY OF DUBUQUE, lOW A, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITV OF DUBUQUE,IOW A BY DELETING SECTION 3-1.6D4(g), SECTION 3- 3.8D4(g), SECTION 3-4.3D4(g), SECTION 3-5.2D4(g) AND ENACTING NEW SECTIONS 3- 1.6D4(g), SECTION 3-3.8D4(g); SECTION 3-4.3O4(g); AND SEC- TION 3-5.2D4(g) TO PROVIDE FOR A FEE FOR AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE PR PLANNED RESIDENTIAL DISTRICT, PC PLANNED COMMERCIAL DIS- TRICT, PI PLANNED IN- DUSTRIAL DISTRICT AND ID INSTITUTIONAL DISTRICT. NOW, THEREFORE, BE IT OR- DAINED BY TIlE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by repealing Section 3-1.6O4(g) and enact- ing a new Sectioo 3-1.6D4(g) thereof as follows: Section 3-1.6 PR Planned Residential District D. Procedures for DistrictEstablishment and Expansion 4) Conceptual Development Plan Approval: "(g) A new or amended conceptual development plan may be filed at any time following Council approval" Sectloo 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by repealing Section 3-3.8O4(g) and enact- ing a new Section 3-3.gD4(g) thereof, as follows: Section 3-3.8 PC Planned Commercial District D. Procedures for District Estahlishment and Expansion 4) Conceptual Development Plan Approval: "(g) A new or amended conceptoal development plan may be filed at any time following Council approval" Section 3. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by repealing Section 3-4.3O4(g) and enact- ing a new Section 3-4.3D4(g) thereof, as follows: Seclion 3-43 PI Planned Industrial District D. Procedures for District Establishment and Expansioo 4) Conceptual Development Plan Approval: "(g) A new or amended conceptual development plan may be fded at any time following Council approval" Section 4. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by repealing Section 3-5.2O4(g) and enact- ing a new Section 3-5.2D4(g) thereof, as follows: Section 3-5.2ID Institutional District D. Procedures for DistrictEstabiishment and Expansion 4) Conceptual Development Plan Approval: "(g) A new or amended conceptual development plan may be filed at any time following Council approval" Sectlon 5. That the foregoing amend- ment has beretofore been approved by the Planning and Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of March, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of MaICh, 1990. Mary A. Davis City Clerk It 3/23 Council Member Voetberg moved fioal adoption of the Ordinance. Secouded by Council Member Heckmann. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. 116 ~---- Regular Session, March 19, 1990 SCHEDULE A PLANNING AND ZONING FEES AppUwioo - 117 RESOLUTION NO. 91-90 A RESOLUTION RESCINDING RESOLUTION NO. 91-89, WHICH APPROVED A SCHEDULE OF PLANNING AND ZONING FEES, AS PROVIDED IN THE ZONING ORDINANCE, AND APPROVING A NEW SCHEDULE OF PLAN- NING AND ZONING FEES, IN LIEU THEREOF, AND PROVID- ING FOR THE ESTABLISHMENT OF A NEW APPLICATION FEE FOR AN AMENDED PLAN FOR PLANNED DISTRICTS. Whereas, the City of Dubuque, Iowa chatges certain fees for the processing of applications pursuant to the Zoning Ordinance and Subdivision Regulations; and Whereas, the City Council has deter- mined that the specific amount of such fees should be set by resolution; and Whereas, the City of Dubuque, Iowa has adopted a Zoning Ordinance requiring an official scbedule of planning and zoning fees. NOW, THEREFORE, BE IT RESOLVED BY TIlECITY COUNCIL OF THE CITV OF DUBUQUE, IOWA: Section 1. That Resolution 91-g9 and its Schedule of Planning and Zoning Fees is hereby rescinded. Section 1. The attaChed "Schedule A. Planning and Zoning Fees" is herehy approved. Section 3. The City Oed< is hereby authorized and directed to publish a com- plete copy of this resolution and attached "Sehedule A, Planning and Zoning Fees". Section 4. Attached "Schedule A, Plan- ning and Zoning Fees", approved by this resolutioo shall be in effect upon poblication. Passed, approved and adopted this 19th day of March, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Oerk c.,..,,-- L ZoomaB"""ofAdjuo1mmtAdiv- A.V-'" B. c..dw.o.IU.......... C.App<a1 D. PI~ma"':lDoin&Comm""oAdiv- A.ZoomaOnlm"""T,,"Am""""mt 75 B. Itml...;nwioo of - (Rewnin&J 1. So""",d.1 8100+$20_. $I.noomWm=' 2. N...-.....d" 75 C. ......" Di",", Propoo'" (PI<, t'C. PI. ID) 1. """'-"'" 8100+S25/o=, $I.noo-=' '" $IOOpl~$"~ $50 tOO 25 2. Pio""'" 3. Am"""""" D- So""""'o,,,...,. 1. P",tbn_PIat Z. FinolPiat 3. Combinatioo $75+SSjLo< 100 $120 + $51Lot m.swrA..-..idoo A- Si"""""""" B_T=P'"",Si¡nC- C. T=p'"",U.........it 1. """..r=d.,. 25 2. Pi"..rourt=d.,. 40 3. .........oo~hno""'¿"'Yd.,. 75 'moddid.........r",."",,""'tmU""" """","'Ci'Y...""""""orp'bliwionor ......d",or_. Published officially in the Telegraph Herald newspaper this 23rd day of March, 1990. N",' 10 Mary A. Davis City Clerk Council Member V oetberg moved adop- tioo of the Resolution. Seconded by Council Member Heckmann. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of Publicatioo certified. to by the Publisher 00 Notice ofJlearing on Plans and Specifications for the Dubuque Industrial Center,PhaseIIprojec~ presented and read. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. It 3123 Regular Session, March 19,1990 118 RESOLUTION NO. 93-90 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS in a newspaper published in the City of Dubuque, Iowa on the 23rd day of February, 1990. Whereas, on the 14th day of February, 1990, plans, specifiearions, form of conll3ct and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Dubuque Industrial Center, Phase II - Paving, Drainage and Lighting. Whereas, notice of hearing on plans, specifications, form of contrac~ and es- timated cost was published as required by law. Whereas, said sealed proposals were opened and read on the 13th day of MaICh, 1990 and it has been determined that the bid of The Flynn Compnny, Inc. of Dubuque, Iowa in the amount of $293,880.05 was the lowest bid for the furnishings of alliaborand materials and perforrning the work as provided for in the plans and specifiearions. NOW THEREFORE, BE IT RESOLVED BY THE CITV COUNCIL OF THE CITV OF DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITV OF DUBUQUE, IOWA: Section 1. That the said plans, specifica- tioos, formof conll3ctand estimated cost are hereby approved as the plans, specifiearions, form of contIact and estimated cost for said improvements for said project That the contract for the above improve- ment be awarded to The Flynn Compnny, Inc. and the Manager be and is herehy directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTIlER RESOLVED: Passed, approved and adopted this 19th dayofM=h,199O. Thatupon the signing of said contract and the approval of the contIactor's bond, the City Treasurer is authorized and instJUcted toretum the bid deposits of the unsuccessful bidders. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tioo of the Resolution. Seconded by Council Member Pratt. Carried by the following vole: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Passed, approved and adopted this 19th dayofMarch,1990. lames E. Brady Mayor Attest: Mary A. Davis City Oerk Council Member Voetberg moved adop- tioo of the Resolution. Seconded by Council Member Pratt Carried by the following vole: Yeas-Maya- Brady, Council Mem- hers Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Proof of Publication on Notice to Bidders of the Receipt of Bids fa- Chavenelle Drive paving, drainage and lighting 1990 in Phase II of the Dubuque Industrial Center; Com- muniearion of City Managerrecornmending to award contract for projec~ presented and read. Council MemberVoetberg moved that the proof and communication be received and filed. Seconded by Council Member Pratt, Canied by the following vote: Yeas- Mayor Brady, Council Members Deieh, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Proof of Publicatioo certified to by the Publisberon NoticeofHearing on Plans and Specifications for the Rehabilitation of 7.5 MMG Water Reservoir located on W. 3rd Street, Full depth repair on the roof, presented and read. Council Member Voetberg moved that the proof of publica- tion be received and filed. Seeouded by Council Member Heckmann. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 94-90 AWARDING CONTRACT RESOLUTION NO. 95-90 RESOLlTllON ADOPTING PLANS AND SPECIFICATIONS Whereas, sealed proposals have been suhrnitted by contractors for the Dubuque Industrial Center, Phase 11 - Paving, Drainage and Ughting pursuant to Resolu- tion No. 58-90 and notice to bidderspublished Whereas, on the 31st day of lanuary, 1990, plans, specifiearions, form of conll3ct ~-- 119 Regular session, March 19. 1990 and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Rehahilita- tioo of 7.S MMG Water Reservoir Located on W. 3rd Street Whereas, notice of hearing on plans, specifications, f<rm of contrac~ and es- timated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITV COUNCIL OF THE CITV OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said im- provements fa- said project Passed, approved and adopted this 19th day of March, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, ~ Voetberg. Nays-None. Proof of Publicatioo certified to by the Publisber on Notice of Public Hearing and 1euing for the construction of rehahilitatioo of the 15 MMG Water Reservoirlocatedon West Third SIree~ City of Dubuque Iowa; Communication of Attorney Alfred Hughes, representing Taylor ConstJUction Compnny being of the opinion that irregularities ex- isted in the bid form; Communicatioo of City Manager recommending to award con- tract for project to Coolon Coostruction, presented and read. Council Member Voetberg moved that the proof and communiearions be received and filed. Seconded by Council Member Heckmann. Canied by the followin8 vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 96-90 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Rehabilita- tioo of the 1.5 MMG Reservoir Located 00 W. 3rd Street pursuant to Resolution No. 32-90 and notice to bidders published in a ---- --- newspaper published in the City of Dubuque, Iowa 00 the 16th day of February, 1990; Whereas, said sealed proposals were opened and read 00 the 7th day of M=h, 1990 and it has been determined that the bid ofCorilon ConstJUction Company of Dubu- qœ,lowa in the amount of$194,6S8.34 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications; Whereas, the City Council of the City of Dubuque, Iowa, overrules any and all objec- tions to the proposal and waives any irregularities therein. NOW, THEREFORE, BE IT RESOLVED BYTHECITV COUNCIL OF THE CITV OF DUBUQUE,IOW A: That the contract for the above improve- ment be awarded to Conlon ConstJUction Company and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed toreturn the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 19th dayofM=h,I990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member V cetberg moved adop- tion of the Resolution. Seconded by Council Member Heckmann. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson,~ Voetberg. Nays-None. Proof of Publicatioo certified to by the Publisher 00 Notice ofHearing on Plans and Specifications for the cleaning, ",pair, and painting of the 1.4 MMG Park Hill Water Storage Tank; proofofpublicationcertified to by the publisher on Notice to Bidders of the Receipt of Bids for the projects; com- muniearion of AEC-Engineers & Designers for the projec~ recommending the City of Dubuque reject all bids received; com- muniearion of City Managerrecornmending to reject bids received for the projec~ presented and read. Regular session, March 19,1990 Council Member Voetberg moved that the proofs and communicatioos be received and filed. Seconded by Council Member Heckmann. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RF.'iOLUTION NO. 97.90 REJECTION OF BIDS RECEIVED ON FEBRUARY 20, 1990, ON 1.4 MMG ON PARK HILL WATER S1ORAGETANK Whereas, an engineering firm has in- spected the Park Hill storage tank and recommends that interia- stJUcturaJ repairs be made and that the interior and exteria- of the tank be painted in onier to prolong its life; and Whereas, plans and specifications were prepaned by AEC Engineers & Designers of Minneapolis, Minnesota, for the necessary work fa- the rehahilitation of the storage tank; and Whereas, the City Councilattheirregular meetingonlanuary IS,I990,authorized the publication of aNotice to Bidders for receipt of bids on February 20, 1990; and Whereas, bids were received from three (3) contractors for this project on February 20,1990; and Whereas, there is evidence that the lowest bidder does not meet the qnalifica- tions as stipulated in the specifications prepaned for this project dated lanuary 9, 1990, by AEC Engineers & Designers, Minneapolis, Minnesota; and Whereas, it is the recommendatioo of the engineers and the City staff to reject any and all bids received on February 20,1990. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That all bids received for the rehabilitation of the 1.4 MMG Water Storage Tank on Park Hill received on February 20, 1990, are hereby rejected. Passed, approved and adopted this 19th dayofM=h,199O. lames E. Brady Mayor Attest: Mary A. Davis City Clerk 120 Council Member Voetberg moved adop- tioo of the Resolution. Seconded by Council Member Heckmann. Carried by the follow- ing vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Communication of City Manager sub- mitting documents providing for design and COIIStJUctioo of the Bunker Hill Golf Course fairway irrigation system, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded by Council Member Pratt. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. RF.'iOLUTION NO. 98-90 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Fairway Irrigation System at the Bunker Hill Golf Courses, in the estimated amount of $110,000.00, are hereby approved and or- dered filed in the office of the City Clerk for puhlicinspection. Passed, approved and adopted this 19th dayofM=h,199O. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tioo of the Resolution. Seconded hy Council Pratt. Canied by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Vcetberg. Nays-Nooe. RF.'iOLUTION NO. 99.90 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Duhuque, Iowa has given its preliminary approval 00 the proposed plans, specifica- tioos, and form of contract and placed same on file in the office of the City Clerk for puhlic inspectioo of the Fairway Irrigatioo System at the Bunker Hill Golf Course. --- 121 Regular session, March 19, 1990 NOW, THEREFORE, BE IT RESOLVED, that on the 16th day of April, 1990, a public hearing will be held at 7:30 p.m. in the Public Ubrary Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvemen~ and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be publisbed in a newspaper having general circulation in the City of Dubuque, Iowa. which notice shall be nolless than four days nor more than twenty days prior to the day flXed fa- its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifica- tions, contrac~ or estimated cost of the improvement Passed, approved and adopted this 19th day of MaIch, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt Carried by the following vole: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nichol- son, Pratt, Voetberg. Nays-None. RF.'iOLUTION NO. 100-90 ORDERING BIDS BE ITRESOL VED BY THE COUNCIL OF TIlE CITY OF DUBUQUE,IOW A: That the Fairway Irrigation System at the Bunker Hill Golf Course is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall con- form to the provisions of the notice to bid- ders hereby approved as a part of the plans and specifications heretofore adopted. That the City Cierk is bereby directed to advertise for bids for the constJUction of the improvements herein provided, to be pub- lished in a newspaper having general cir- culation in the City ofDubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 10th day of Apri~ 1990. Bids shall be opened and read by the City Oerk at said time and will be submitted to the Council for final action at 7:30p.m. on the 16th day of April, 1990. Passed, approved and adopted this 19th dayofM=h,199O. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Pratt Carried by the following vote: Yeas-Maya- Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholsoo, Pratt, Voetberg. Nays-None. Communication of Planning & Zoning Cornmissioo advising of their denial of an amendment to the zoning ordinance which would allow a sports eard shop as a principal permitted use in the C-l District as requested by William Olson, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetherg. Nays-Nooe. An Ordinance Amending Zoning Oniinance by enacting a new Section 3- 3.I(BXI7) to allow a Sports Card Shop as a permitted use in the C-l Neighborhood Commercial Distric~ presented and reiuI. Council Member Kluesner moved to concur with the Planning & Zoning's denial. Seconded by Council MemberPratt Vote on the motion: Yeas-Council Members Heck- mann, Kluesner, Nicholson. Nays-Mayor Brady, Council Members Deich, Prat~ Voetberg. Motion failed. Council Member Voetberg moved that the Ordinance be set for Public Hearing on April 2. 1990 at 7:30 p.m. in the Public Library Auditorium and that the City Oerk publish notice in the manner prescribed by law. Seconded by Council Member Pratt Carried by the following vote: Yeas- Mayor Brady, Council Members Deieh, Pratt, Nicholson, Voetberg. Nays--Council Member Heckmann, Kluesner. Communication of City Managerrecom- mending to awanl contract for the Five Flags Center recarpeting projec~ presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Regular sessIon, March 19,1990 122 Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-Nooe. RESOLUTION NO. 101.90 AWARDING CONTRACT Whereas, sealed proposals have been suburitted by contractors for the Installatioo of Carpeting at Five Flags Civic Center, Alternates A, C, & D pursuant to Resolutioo No. 13-90 and notice to hidders puhlished in a newspaper published in the Gty of Dubuque, Iowa on the 19th day of lannary, 1990. Whereas, said sealed proposals were opened and read on the 6th day of February, 1990 and it has been determined that the bid of The Floorshow Corporation of Dubuque, Iowa in the amount of $48,849.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifiearions. NOW, THEREFORE, BE IT RESOLVED BYTHECITV COUNCIL OF THE CITV OF DUBUQUE,IOW A: That the contract for the ahove improve- ment be awaIded to The Floorshow Cor- poratioo and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perfor- mance of the work. BE IT FURTHER RESOLVED: Thatupon the signing of said contractand the approval of the contractor's hond, the City Treasurer is authorized and instJUcted toretum the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 19th day of March, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Voetberg. Carried hy the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Managerrecom- mending to enter into an operating agree- ment with Golf Professional George Stephenson for the Bunker Hill Golf Course, for the period of MaICh I, 1990, through February 28, 1991, presentedandread. Council Member Voetberg moved that the communication bereceived and filed and approved with City Manager to execute agreement Secooded by Cooncil Member Kluesner. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. An Ordinance Amending Code of Onlinances by adopting in lieu thereof anew Section 38-31(a) providing for a service charge for police assistance in opening vehicles or stJUctures (I st reading on! y given at the meeting on 2-27-90), presented and read. Council Member Kluesner moved that this be the second reading of the Onlinance and that the rules be waived requiring that an Ordinance be presented and read at two meetings prior to the meeting at which there is to be final action, and further moved fioal adoption of the Ordinance. Secooded by Council Member Voetberg. Vote on the motion was as follows: Yeas-Council Members Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Mayor Brady, Council Member Deich. Motion failed due to lack of 3/4 vote. Council Member Kluesner moved that this be considered the second reading of the Onlinance. Seconded by Council Member Pratt Canied by the following vote: Yeas- Council Members Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Mayor Brady, Council Member Deieh. Communication of City Manager re- questing approval of "Agreement for Emer- gency Ambulance Service" sponsorcri by Dubuque County and to authorize the Mayor to sign the agreemen~ presented and read. Council Member Pratt moved that the communication be received and filed and approved. Seconded by Council Member Voetberg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 102-90 NOW, THEREFORE, BE IT RESOLVED BYTHECITV COUNCIL OF THE CITV OF DUBUQUE, IOWA, That the following having complied with the provisions oflaw relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 10yce Lorenz My-Cap Ye Old Brunswick 32031ackson St 123 Regular session, March 19. 1990 Passed, approved and adopted this 19th dayofM=h 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoptioo of the Resolution. Secooded by Council Member Prall Carried by the following vote: Yeas-Maya- Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, ~ Voetberg. Nays-None. RF.'iOLUTIONNO.I03-90 Whereas, Applications for Beer Permits have been submitted and filed tothisCouncil for approval and the same have been examined and approved; and Whereas, The premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit CLASS "B" BEER PERMITS S & D Coocessions, Inc. Sunday Sales #1 Admiral Sheehy Drive Zele Brewing Company Sunday Sales East 4th St Extension CLASS "C" BEER PERMITS Willco, Inc. OkY Doky #10 Sunday Sales 805 West 5th St Sunshine Mart of Dubuque, Ltd. Sunday Sales 430 Rhomberg Ave Passed, approved and adopted this 19th dayofM=h,199O. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoptioo of the Resolution. Seconded by Council Member Prall Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, ~ Voetberg. Nays-None. RF.'iOLUTION NO. 104.90 Whereas, Applications for Uquor Ucen- ses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, The premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Onlinances relevant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED BYTHE CITV COUNCIL OF THE CITY OF DUBUQUE, lOW A: That the manager be authorized to cause to be issued to the following named applicant(s) a Uquor Ucense. CLASS "B" HOTEL. MOTEL BEER AND LIQUOR LICENSE Dubuque Historic Improvement Co. Sunday Sales 504 Bluff St CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE Donna & Kay,lnc. Sunday Sales Paradise Lounge 1602 Central Fraternal Order ofEagles #568 Sunday Sales 1175 Century Park Sqnare Tavem Debra George 600 Central CLASS "E" LIQUOR LICENSE B&M Coovenient Marts, Inc. OkY Doky #7 3301 Pennsylvania Passed, approved and adopted this 19th day of March 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Member Prall Carried hy the following vote: Yeas-Maya- Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, ~ Voetberg. Nays-None. MINUTES SUBMITTED: Airport Commissioo of 2-13; Civil Servioe Corn- mission of 2-9; Five Flags Commission of 2-19; Housing Code Appeals BOa1d of2-13; Housing Code Review Committee of 2-13, 2-21 and 2-28; Housing Commission of 2- 13; Ubrary Board of Trustees of 1-25 & Regular session, March 19, 1990 124 2-22; Park & Recreation Commissioo of 2-13; Zoning Board of Adjustment of 1-25, presented and read. Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Prall Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. NOTICES OF CLAIMS/SUITS: lim Bushman in amount of $lgO.24 for car damages; Carl Chalder in amount of $3000.00 for personal losses; Attorney loseph Bitter on behalf of Florence Cook, in the amount of $25,000.00 fa- personal in- juries; Holy Ghost Church in amoont of $90.00 for car damages; William Luensmann and Donald lannette of Kirkwood Neighborhood Associatioo, sub- mitting petition for writ of certiorari regard- ing Council's decisioo to approve theLoras College's amended conceptual development plan; Attorney AllTed Hughes on behalf of Molly Murphy in unknown amount for per- sooal injuries; Attorney 10hn Swift on behalf of Christopher A. Roling, in unknown amount forpersonal injuries; Kris Schmitt in amount of $11.99 for propeny damages; Sbeldon Scott in amountof$12oo.ooforcar damages; Viola Brink in amount of $150.00 for hacked up sewer damages, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communications of Corporation Coun- sel recommending denial/closure of follow- ing claims: car damage of Farm Bureau Insurance; fall-personal injury of Belvidere Finch; sewer backup of Charles McCormick; sewer damage of Alan Nebel; fall-personal injury of Wilma Spear; car damage of Ron Spillane; fall-persooalinjury of Maynard Wilhelm; cardamageofMarian Winner, presented and read. Council Member Voetberg moved that the communications be received and filed and approved recommendations. Seconded hy Council Member Pratt Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pr~ Voetberg. Nays-None. Corornunications of Corporation Coun- sel recommending settlements of following claims: property damage of Robert and lulie Taukein the amount of$231.6]; cardamage of Myrt McDonald in the amount of $207.50, presented and read. Council Member Voetberg moved that the communications be received and filed approved settlements and directed Finance Director to issue proper cheeks. Seconded by Council Member Pratt Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Corornunication of Attorney Arnold Van Etten 00 behalf of lames & ShirleyChristensen and Ernest Madisoo requesting to vacate portions of Pella Street, Salem Street, Vinton Street, Walker Street, Drexel Avenue, Michigan Avenue, Windsor Avenue, Carlisle Avenue and Exchange A venue and all of the alleys which are con- tained within the area owned by his clients, presented and read. Council Member Voetberg moved that the communiearion be referred to the City Manager. Secooded by Council Member Pratt Canied by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-Nooe. Communication of Dubuque County BOa1d of Supervisors advising of their find- ings regarding funding of DARE. Program, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt Canied hy the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communications of The Fischer Com- panies, Dubuque Building and ConstJUctioo Trades Council, United Labor Participatioo, Watubo-tek, Inc., The Adams Company, Unique Balance Hansen Transfer, Ine.. Miller Electric Supply, Inc., Interstate Pipe and Supply Co., Rockford Industrial Weld- ing Supply, Inc. and Mortisoo Bros. Com- pany expressing concerns with problems developing on the Fourth Street Peninsula, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, 125 Regular session, March 19,1990 Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Proof of Publicatioo certified to by the Publisher on Ust of Claims paid for the monthoflanuary, 1990, presented and read. Council Member Voetberg moved that the proof of publicatioo be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-Nooe. Communication of City Manager sub- mitting Financial Reports for the month of Febrnary, 1990, presented and read. Council Member Voetberg moved that the com- muniearion be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas-MayorBnidy,Coun- ciI Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. Proof ofPublicatioo certified to by the Pub- lisher on Notice of filing of the final schedule for assessments against benefitted properties for the 1999 Sidewalk Repair Project No. lA, presented and read. Council Member Voetberg moved that the proof of publication be received and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Iowa DOT submitting Notice in the mat- ter of the condemnation of certain leasehold rights in an advertising device by the Iowa DOT for the improvement of primary Road No. U.S. 61 with Frank Hardie Adv., presented and read. Council Member Voetberg moved that the Notice be received and flied. Seconded by Council by Council Member Pratt. Car- ried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Communication of Chad Leitch, Chair- personZOIúng BOatrl of adjusb11entrequest- ing Council tocarefullyreviewplans thatare presented regarding Cable Car Square Patk- ing and Rezoning proposal, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. Petition of Dubuque Golf and Country Club requesting permission to display firew<rksonlu1y4,I990atabout9:00p.m. on the Dubuque Golf and Country Club grounds, presented and read. Council Mem- ber Voetberg moved that !he petition be approved, subject to implementation with City Manager. Secooded hy Council Mem- ber Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. REFUNDS REQUESTED: Lee Potter in arnountof$37 .50 forunexpired Class "B" Beer Permi~ presented and read. Council Member Voetberg moved that the refund be approved with Finance Director to issue propercheck. Seconded by Council Member Pratt. Canied by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-Nooe. Communication of Ian Hess, requesting tax suspension for a city residen~ presented and read. Council Member Voetberg moved that the communication bereceived and filed and tax suspensioo be approved. Seconded by Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Coun- cil Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. Communication of City Manager re- questing approval to publish notice of availability of calendar year 1999 CDBG Perf<rmance R~ presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. RF.'iOLUTIONNO.I05-90 A RESOLUTION AUTHORIZ- ING PUBLICATION OF NOTICE OF A V AILABILITY FOR PUBLIC INSPECTION OF CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT DOCUMENTS. Whereas, under date ofM=h 26, 1990, the Annoal Grantee Performance Report for Calendar Year 1989 will be sent to the U.S. Regular sessIon, March 19, 1990 Department of Housing and Urban Development for processing; and Whereas, Section 570.300(b) of the Community Development Block Grant Pr0- gram requires that reasonable effort shall be made to inform citizens involved in or af- fected by the local Community Development Block Grant Program that the Performance Report has been suboútted and is available to interested parties upon reques~ and Whereas, Section 570.906(c) requires that there be public notice of the availability of the Grantee Performance Report for in- speetioo by the public. NOW THEREFORE, BE IT RESOLVED BY THE CITV COUNCIL OF THE CITV OF DUBUQUE,IOW A: Secllon 1. That the City Clerk be and sbe is hereby authorized and directed to publish in the Dubuque Telegraph Herald, a newspaper of general cin:ulation within the City, public notice in the form ofExhibít A, attached bereto and made a part bereof. Passed, approved and adopted this 19th day of March, 1990. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tioo of the Resolution. Seconded by Council Member Pratt Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. Communication of City Manager re- questing Mayor be authorized to sign an amendment to the Statement of Intent to HUD, presented and read. Council Member Voetberg moved that the communication be received and flied. Seconded by Council Member Pratt Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. RESOLUTION NO. 106-90 A RESOLUTION AUTHORIZING THE EXECUTION OF AMEND- MENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT STATEMENT OF INTENT SUB- MITTED TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR CALEN- DAR YEAR 1990. Whereas, under provisions of Title I of Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and submitted aStatementofIntent on December I, 1989 fa- a Community Development Block Gran~ and Whereas, the submissions have been approved by the DepartmentofHousing and Urban Development in the amount of $918,000 for a twelve-month program com- mencing lanuary I, 1990; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITV OF DUBUQUE, IOWA: Section 1. That the Statement of Inten~ submitted to the U.S. Depanment of Hous- ing and Urban Development on December I, 1989, for a Community Development Bloek Grant to the City of Dubuque be amended to reflect a reallocation of funds, and the Mayor of the City of Dubuque be hereby authorized and directed to execute the necessary documentation 00 behalf of the City of Dubuque. Section 2. That the City Manager be and he is hereby authorized and directed to sub- mit the amendment to the Community Development Block Grant Statement of Intent to the U.S. Department of Housing and Urban Development and other appropriate agencies. Passed. approved and adopted this 19th dayofM=h,I990. Attest: Mary A. Davis City Clerk lames E. Brady Mayor Council Member Voetberg moved adop- tioooftheResolution. SeeoodedbyCouncii Member Pratt Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Communication of Planning & Zoning Cornrnissioo advising of their approval of fioal plat for Country Springs SuM located North of Foothill CoUtt, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt. Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. 126 127 Regular session, March 19, 1990 RESOLUTION NO. 107.90 A RESOLUTION APPROVING THE FINAL PLAT OF COUNTRY SPRINGS SUBDIVISION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been flied with the City Clerk a final plat of Country Springs Subdivision in the City ofDubuque; and Whereas, said final plat has been ex- amined by the City Planning and Zoning Commission and had its approval endorsed thereon; and Whereas, said final plat had been examined by the City Council and the City Council finds that the same conforms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY TIJECITY COUNCILOF TIlE CITY OF DUBUQUE,IOW A: Section 1. That the fioal plat of Country Springs Subdivision in the City ofDubuque, Iowa be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upou said fioal plat. Passed, approved and adopted this 19th day ofM=h, 1990. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved ado¡>- tioooftheResolution. SecoodedbyCouncil Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. corornunication of Planning & Zoning Commissioo advising of their approval of final plat for Subdivision of Lot 3 of Arehdiocese Place No.2 located in Key Wes~ Dubuque County, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded hy Council Member Pratt. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt. Voetberg. Nays-None. "'-" RESOLUTION NO. 108-90 A RESOLUTION APPROVING A FINAL PLAT OF THE SUB- DIVISION OF LOT 3 OF ARCHDIOCESE PLACE NO.2, KEY WEST, DUBUQUE COUNTY, IOWA. Whereas, there has been flied with the City Clerk a final plat of Archdiocese Place No. 2, Key Wes~ Dubuque County, Iowa; and Whereas, said final plat has been examined by the City Planning and Zoning Commissioo and they find that the same conforms to the statutes and ordinances relating thereto, except that the lots do not front 00 a poblie right-of-way; and Whereas, said final plat has been approved by the City Planning and Zoning Commission 00 the conditioo that a 50 foot easement for roadway access be provided if the lots ate developed in the future; and Whereas, said final plat has been examined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto; and Whereas, the City Council concurs in the coodition of approval established by the City Planning and Zoning Commissioo; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCILOF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described final plat be and the same is hereby approved and the Mayor and City Clerk be and are herehy authorized and directed to endorse the approval of the City of Dubuque upou said final plat. provided that the owner of said property shall execute a written accep- tance hereto attached, acknowledging and agreeing: a) A fifty-foot easement forroadway access be provided if the lots ate developed in the future. Section 1. That in the event the owner fails to execute the acceptance provided for in Sectioo I herein within 45 days after the date of this resolution, the provisions herein shall be null and void and the approval of the plat shall not be affected. Passed, approved and adopted this 19th day of March, 1990. James E. Brady Mayor Regular session, March 19, 1990 128 Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tioo of the Resolution. Seconded by Council Member Pratt Carried by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-None. Communication of Planning & Zoning Commission advising of their approval of final plat of Southpark Addition No. I located North of Twin Valley Drive and West of U.S. Highway 61, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-None. RESOLUTION NO. 109-90 A RESOLUTION APPROVING THE FINAL PLAT OF SOUTH- PARK ADDITION NO. I IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been fùed with the City Clerk a final plat of Southpark Additioo No. I in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Southpark Court, together with certain public utility ease- ments which the Owner. by said final plat have dedicated to the public forever; and Whereas, said final plat has been ex- amined by the City Planning and Zoning Corornission and had its approval endorsed thereon; and Whereas, said fioal plat has been ex- amined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto, except that the drive grades have not been established, the drives brought to grade, or paving installed; Whereas, the City Council concurs in the conditions of approval established by the City Planning and Zoning Corornission. NOW, THEREFORE, BE IT RESOLVED BY THECITV COUNCIL OF THE CITV OF DUBUQUE, IOWA: Section 1. That the dedication of South- park Co~ together with the easements for public utilities as the same appear upon said final pla~ be and the same are hereby accepted; and Section 1. That the final plat of South- park Addition No. I in the City of Dubuque, Iowa be and thesameis hereby approved and the Mayor and City Clerk are herehy authorized and directed to endorse the approval of the City of Dubuque, Iowa, upou said final plat. provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to coostJUCt concrete curh and gutter and to hard surface with bituminous concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the pla~ d To install storm sewers and catch basins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Enginecr and the City Manager; f. To install boulevard street lighting in accordance with City specifications; g. To construct the foregoing improve- ments in accordance with plans and specifications approved hy the City Manager, under the inspection of the City Engin=, and in a manner approved by the City Manager; h. To construct said improvements, except sidewalks, priorto two years from the date of acceptance of this resolutioo; 1. All utilities be placed underground wherever reasonably practical; j. The following drainage requirements be incorporated in the restrictive covenants for the subdivision as follows: I) All land north of Old Bellevue Road shall direct its surface runoff to the north <r eas~ 2) All land south of Old Bellevue Road shall provide some method of ~~-- 129 Regular session, March 19, 1990 detention system on site which will release only the runoff obtained from the land in its natural state; 3) The City ofDubuque has the right to verify these regulations are being done in their site plan review process; 4) The line which determines the direction or controls the runoff as shown on the preliminary plan which is on record at City Hall or at office of the developer's engineer. k. The drainage requirements, as required by the City Engineer, must be im- plemented when directed by the City Engineer, unless the owoer has filed site plants) with the City Planner prior to this date for development of the subdivisioo; 1. The sanitary sewer for the subdivision must be connected with the existing sanitary sewer in Twin Valley Drive south of the subdivision; m. The owner must provide a vegetative cover for the subdivisioo by May 1. 1990 to help control soil erosioo; n. The owner must share in the cost of enlarging or upgrading thedrainageculverts off site on Twin Valley Drive, if such chan- ges are necessitated by increased runoff from the subdivision; o. To maintain the foreguing improve- ments for a period oftwo years from the date of their acceptance by the City ofDubuque, Iowa; p. To provide the foregoing constJUction and maintenance at the sole expense of the subdivider, as owner, or future owner; And further provided that said A. I. Spiegel, as owner of said subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Seetloo 3. That in the event A. J. Spiegel shall fail to execute the acceptance and fur- nish the security provided in Section 2 hereof within forty-five (45) days after the date of the Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 19th day of March, 1990. lames E. Brady Mayor Attest: Mary A. Davis CityOerk ACCEPTANCE OF RESOLUTION NO. 109.90 I, the undenigned, A.J. Spiegel, having read the terms and conditions of Resolutioo No. 109-90 and being familiar with the coo- ditions thereof, hereby accept the same and agree to the cooditioos required therein. Dated at Dubuque, Iowa, this 20th day of March,I990. By: A.J. Spiegel To: Mary A. Davis City Clerk This is to certify that the security for the foregoing Resolution No. 109-90 has been properly furnished. Dated this 17th day of April, 1990. W. Kenneth GearIIart/sj City Manager Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Pratt Carried by the following vote: Yeas-Maya- Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nayo-None. Communication of Planning & Zoning Commissioo advising of their approval of fioal plat of Lots I through 15, Block 3, Birch Acres loea1ed North of Kelly Lane and East of Thornwood Drive, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Pratt Canied by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. RF.'iOLUTION NO. 110-90 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS I THROUGH 15, BLOCK 3, BIRCH ACRES IN TIlE CITV OF DUBU- QUE,IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots I through IS, Block 3, Birch Acres in the City ofDubuque, Iowa; and Regular session, March 19,1990 130 Whereas, upon said fioal plat appear streets to be known as Thornwood Court and Tanglewood Court, together with certain public utility easements which the Owners by said final plat have dedicated to the public forever; and Whereas, said final plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and Whereas, said final plat has been ex- amined by the City Council and they find that the same conforms to the statutes and ordinances relating thereto, except that the drive grades have not been established, the drives brought to grade or paving installed; Wher- the City Council concurs in the conditions of approval established by the City Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BYTHECITV COUNCIL OF TIlE CITV OF DUBUQUE, IOWA: Section I. That the dedications of Thornwood Court and Tanglewood Court, together with the easements for public utilities as the same appear upou said fioal pl~ be and the same are hereby accepted; and Section 2. That the final plat of Lots I through 15, BlockJ, Birch Acres in the City ofDubuque, Iowa be and the same is bereby approved and the Maya- and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said fioal pla~ provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to constJUct concrete curb and gutter and to hard surface with bituminous concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service latera1s in accordance with plans submitted with the pla~ c. To install water mains and water ser- vice laterals in accordance with plans sub- mitted with the plat; d. To install storm sewers and catch basins in accordance with plans submitted with the plat; e. To install Coocrete sidewalks as re- quired by Ordinances, and where directed by the City Engineer and the City Manager; f. To install boulevard street lighting in accordance with City specifications; g. To constJUct the foregoing improve- ments in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; h. To construct said improvements, exceptsidewalks, prior to twoyears from the date of acceptance of this resolution; i. To maintain the foregoing improve- ments for a period of two (2) years from the date of their acceptance by the City of Dubuque, Iowa; j. To provide the foregoing construction and maintenance at the sole expense of the subdivider, as owner, or future owner; And furtherprovided that said Tschiggfrie Excavating Company, as owners of said sub- division, Secore the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Tschiggfrie Excavating Company shall fail to execute the acceptance and furnish the security provided in Sectioo 2 hereof within forty- five (45) days after the date of the Resolu- tioo, the provisions bereof shall be null and void and the acceptance of the dedicatioo and approval the plat shall not be effective. Passed. approved and adopted this 19th dayofM=h,199O. lames E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tioo of the Resolution. Seconded by Council Member Pratt, Canied by the following vote: Yeas-Mayor Brady, Council Mem- bers Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nayo-None. Communication of Swiss Valley Farms submitting their andit report for their fiscal year ending September 30, 1989, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Prall Carried by the following vote: Yeas- Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Prat~ Voetberg. Nays-Nooe. - 131 Regular Session, March 19, 1990 There being no further business, Council Member Pratt moved to adjourn the meet- ing. Seconded by Council Member Voetherg. Carried by the following vote: Yeas-Mayor Brady, Council Members Deich, Heckmann, Kluesner, Nicholson, Pratt, Voetberg. Nays-Nooe. Meeting adjourned at II:OOp.m. Mary A. Davis City Clerk 199Þ