Loading...
1991 June Council Proceedings219 Regular Session, June 3, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, June 3, 1991. Council Met at 7:30 p.m., Public Library Auditorium. Present: Mayor Brady, Council Members Deich, Kluesuer, Kr[¢g, Voetberg, City Manager W, Kenneth Gearha~ Corporation Counsel Bany A. Lindehl. Absent: Council Members Nicholsou, Pratt. Mayor Brady mad the call and slated this is the Regular Monthly Mceilng of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation w~s given by Rev. Loren Hirschy, Pastor of Weal of Life Ministries. PROCLAMATIONS--June 3rd thru June 9th as "Youth Baseball Week" received by Rick Baumhover. Presentation of "Certificates of App~celatico" to City employees Art Hadley, Kris Neyen and $olecn Pattersun. Counc'fl Member Riunsner moved to suspend the rules to aliow anyone present to address the Council if they so desies. Seconded by Council Member Voetherg. Can/ed by the following vote: Yeas--Mayor Br~iy, Council Members Dcich, Kluesner, Krlag, Voetberg. Nays~None. Absent-- Council Members Nicholson, IX/att Proof of Publication cerfifiad to by the Publisher on Notice of Hearing on Hans and Specificailons for the 1991 P.C. Concrete Paving Project, Proof of Publication certified to by the Publisher on Notice to propen'y owners on Resolution of Necessity for project; Communication of Marvin Weber, President of Dubuque County Farm B~, objecting to usscssmant due for pavement on Asbury Road; Communication of Attorney Denis Faba', on behalf of his clients, Dennis and Connie Kitchen, objecting to the assessmant for improvements to Ashary Road; Communication of Donald and Dorothy Kline objecting to assessmunt on University Avenue, presented and read. Council Member Kluesnor moved that thc proofs of publication and communicailons be received and filed. Seconded by Council Member Voctberg. Caniad by the following vote: Yeus--Mayor Brady, Council Members Ddich, Kluesunr, Ksieg, Voetherg. Nays-- Ncoe. Absent--Council Members Nicholson. Pratt. Joyce Oansen, Don Valentis, Cathy Oinse, Lan'y Haas, Rich Knight, spoke objecting to the proposed ussessmant projecL Walter Paar and Jack Crane spoke in favor of the project. A Rusolution adopting Plans and Specifi- cailons for project and a Resolution Ordering Bids for project and directing Cleric to publish notice, prusanted and read. Council Member Kluesner moved that the Public Hearing and public input be closed and defer to thc Council meeting of June 10, 1991. Seconded by Council Member Vcetherg. Cun'iad by the following vote: Yens--Mayor Brady, Counc'd Members Dcich, Kluesner, Kficg, Voetberg. Nays--None. Absent-- Council Members Nicholson, Pratt RESOLUTION NO. 181-91 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 1991 P.C. CONCRETE PAVING PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the 1991 P.C. Concrete Paving Project, has given notice of the public hearing thereon as reqni~ed by law; and Whereas, the public hearing has been held, ell persons offering objections have been heard and consideration given to all objections and is pending before this Counull; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Rusolution of Necessity described above is hereby deferred for later consideration to a City Council meeting to be held on the 10th day of June, 1991, next at 7:30 p.m. in the Public Library Audi- torinm, with jurisdiction retained for fro'that consideration and action at the adjcomed meeting. Regular Session, June 3, 1991 220 Passed, adopted and approved this 3rd day of June, 1991. lam~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluusnor moved adop- lion of the Resolution. Secoadad by Council Member Vuntberg. Caniad by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesunr, Kfleg, Voetherg. Nays-- None. Abscnt---Cununil Members Nichoisco, Prau. Proof of Publication certified to by the Publisher on Notice of lieasing on Plans and Specifications for the Ice Harbor Development ~ Parkin~ Lot Improvements, Pha~e 3 - Stage 3, presented and read. There were no written objections received and no oral objectoa's present at the time of the heating, Council Member Vectborg moved that the proof of publication be received and filed. Seconded by Council Member Khiusner. Carded by the following vote: Yeas--Mayor Brady, Council Members Dnich, Riuesunr, Faing, Voethe~g. Nays--- None. Absent---Council Members Nichoison, Pratt. RESOLUTION NO. 17'*-91 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Wbe~.~s, on the 1st day of May, 1991, plans, speulfications, form of contract and estimated cost we~ filed with the City Clerk of Dubuque, Iowa for the Ice Harbor Development - Parking Lot Improvement*, Phase 3 - Stage 3; and Whereas, notice of hearing on plans, specifications, form of contract, and esthnated cost was published as ~qni~d by NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tho said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of comtact and estimated coat for said improvert~nte for said projecL Passed, adopted and approved this 3rd day of June, 1991. Jun~s E. Brady Mayor Attest: Mm'y A. Davis City Clerk ~ Councli Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Riunsnor. Carded by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, 1C-ieg, Voetherg. Nays--- None. Abscnt--Couunli Membe~ Nicholson, Pratt Prcof of Publication cerilfied to by the Publisher on Notice te Bidders of the Receipt of Bids for the Constmedon of said project and communication of City Manager project, prusentad and read. Council Member Voetberg moved that the proof of pubilcation and communication be xeccived and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayns Brady, Counc'd Members Dcich, Khiesner. Kricg, Voetherg. Nays--None. Absent-- Council Members Nichoison, Pratt. RESOLUTION NO. 173-91 AWARDING CONTRACT Wberea~, sealed proposals have been submitted by contractors for the Ice Harbor Development - Parking Lot Improvements, Phase 3 - Stage 3 pursuant to Resolution No. 142-91 and notice to bidders published in a newspaper published in the city of Dubuqec, lows on the 10th day of May, 1991; and Wherea~, said sculed proposals were opened and read on the 23rd day of May, 1991 and it has beun determined that thc bid of River City Paving of Dubuque, Iowa in the amount of $70,573.85 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and speelflcations, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That tho contract for the above in~rove- ment be awarded m River City Paving and the Manager be and is hereby dlrec~l to execute a contract on behalf of the City of Dubuque for the complete perfc~unnce of the wo~k. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractor's beed, thc City Treasurer 221 Regular Session, June 3, 1991 is authorized and inslructed to mmns the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 3rd day of June, 1991. Attest: Mary A. Davis City Clerk larues E. Brady Mayor Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Klecsncr. Can'ied by the following vote: Yens--Mayor Brady, Council Membe~ Deich, Kluesuer, IC, icg, Voetberg. Nays~ None. Absent--Council Members Nicholson, Pratt. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider un Ordinance establishing a conceptaal development plan for the Finley ID Inedmtionel Districl, presented and re~. There were no objections received and no oral objectors present at thc time of the hearing. Council Member Kinnsncr moved that the proof of pobilcation be received and ified. Seconded by Council Member Kfiag. Can-led by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesner, Krlng, Vcotberg. Nays--None. Absent-- Council Members Nicholson, Pratt. An Ordinance providing for the Amendment of Ordinance No. 29-86 which Ordinunca established a conceptual development plan for the Finley ID Institotionnl Disffict, said Ordinance having been la~scntad and read at the Council meeting of May 20th, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 4S-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR THE AMENDMENT OF ORDINANCE 29-86 WHICH ORDINANCE ESTABLISHED A CONCEPTUAL DEVELOPMENT PLAN FOR THE FINLEY ID INSTITUTIONAL DIS'I~ICT Whereas, Finley Hospital, owner and appilcant, has filed an application for approval of an amended conceptual development plan in acc~dance with provisic~s of the ID Institutional District regulations as set forth in Section 3-5.2 of thc Code of Ordinances, Appendix A thereof, of the City of Dubuque, lows; and Whereas, the Zoning Commission has held a public hearing on said applicadon for un amended concel~Unl development plan pursuant to required published notice; and Whereas, the Zoning Commiesion has approved said amended conceptual develop~ went plan subject to specific conditions and restrictions having found that said plan conforms with the review shv~uiards appli- cable to such plans ns set forth in Section 3-5.2 of the Cede of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Zoning Commission recom~ moaded the concurrence of die City Council and approval of said amended conceptual development plan; and Whereas, the City Council has received thc recommendation of the Zoning Commission and held its own public hearing on said amended conceptual development plan pursuant to rexlnlred published notice; and Wbereas, the City Council has approved said amended concaptunl development plan subject to the same specific conditions and restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That Ordinance No. 29-86 be amended by repealing thc concepmnl devnlopmcnt plan map which was aU. ached to and mede a part of the Ordinance and which identified a 32,400 sq. fi. (336 stall, 3 level) parking ran~ and enacting a new conceptual development plan map which identifies a 450 stall, 4 level parking facility. Se~lon 2. That thc foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dnlmque, lows. Section 3. That this Ordinance shail take effect immediately upon pubilca~on. Passed, approved and adopted this 3rd day of June, 1991. Attest: Ma~ A. Davis City Clerk James E. Brady Mayor Published officially in the Telegraph Herald this day of 22nd day of June, 1991. Mazy A. Davis City Clerk It 6/22 Regular Session, June 3, 1991 222 Council Mambo' Kluesuer moved final adoption of the Ordinsnce. Seconded by Council Member Kring. Canind by the following vote: Yeas-Mayor Brady, Council Membe~ Detch, Kluesuer, Kfiag, Vootbe~. Nays-~None. Abeont~oncll Membe~ Nicholson, Pratt. Proof of Publicallon certified to by the Publisher on Nollca of Public Hearing to consider un Ordinance providing for a text amendment in tho Zoning Ordionncc, also known ss Appendix A of tho City of Dubuque Code of Ordinances and communi- cation of City Manager submitting amendment to propound Ordinunca as directed by Council at their meeting of May 20, 1991, presented and read. Council Member Kfing moved that the proof of publication and communication be received and filed. Seconded by Council Member Vcotbelg. Catrlad by the foilowlng vote: Yens--Mayor Brady, Council Members Deich, Klunsner, Krieg, Voetherg. Nays--None. Abeont---Coanell Members Nichoison, Pratt. An Ordinance providing that the Zoning Ordinance be an~nded by adopting new requirements in lieu thereof pertaining to Zoning Commission review of zoning reclassifications in Section 6-1.4; notification within 200 feet for zoning realassificatlons in Section 6-1.5; noilficafion beyond 200 feet for zoning reclassifications in Section 6-2~1; and Zoning Commission review for text amcadreents in Section 6-3.1, said Ordinance having been presented and read at the Council n~eting of May 20th, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 46-91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVIS- ING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDI- NANCE OF THE CITY OF DUBUQUE, IOWA, BY REPEALING THE PRESENT REQUIREMENTS AND ADOPTING NEW REQUIRE- MENTS IN LIEU THEREOF PERTAINING TO ZONING COM- MISSION REVIEW OF ZONING RECLASSIFICATIONS IN SECTION 6-1.4; NOTIFICATION WITHIN TWO HUNDRED (200) FEET FOR ZONING RECLASSIFICATIONS IN SECTION 6-1.5; NOTIFICATION BEYOND TWO HUNDRED FEET FOR ZONING RECLASSIFICA- TIONS IN SECTION 6-2.1; AND ZONING COMMISSION REVIEW FOR TEXT AMENDMENTS 1N SECTION 6-3.1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~ion 1. Appendix A of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 6-1.4, and adopting the following new Section 6-1.4: "6-1.4, Commission action. Following the public hentring, c~ if no hearing is held, then at uny ~ following receipt of the reclassi- fication xcquest, the Conmlssiun may act to recommend approval or disapproval of the request. The affirnmtive vote of at least four (4) Commi~ssion members shall be requi~d to cunstituto approval of a substap, tinl zoning reclassification request es defined in Section 6-1.3, and any lesser number of affirmative votes shall constitute a disapproval of the request. A failure of the Commission to consider a zoning reclassification request within sixty (60) days foilowing the first Commission meeting at which the requnst is received, unless the person(s) seeking re. classification ruqecat(s) an extension of this sixty (60) day limitation shall constitute Commission approval thereof. A recom- 'mendation of the Commission shall forthwith be transmitted to the City Council for its action." Section 2. Appendix A of the City of Dubuque Code of Ordinances is begby amended by repealing Section 6-1.5, and adopting the following new Section 6-1.5: "6-1.5 Council action. Following receipt of uny recommendation of the Commission, or on finding that the Commission has not considered the request within the sixty (60) day ilmitation, thc City Council shall initiate final action on the request. A Commission recommendation for denial of a request irmy be approved by the Council without pubilc hearing. If the Commission recommends approval of a request, the City Council shall act to hold its own public hearing on tho requested reclassification, at which tlm~ all interested parties shall have an opportunity to be heard. At least seven (7) days and not mom than twenty (20) days notice of the time and place of such hearing shall be published in a newspaper of general circu- lation in the city. Following the puhiic hearing, the Council shall act to adopt or reject the reclassification 223 Regular Session, June 3, 1991 requnst. In cases where the com~ssion has rccommendad disapproval of the rechisalfi- cation thc vote of at least three-fourths (3/4) of thc Council shall be required to Chant the reclessliicafion, FURTHERMORB, in case of a written protest against thc reclessificatton request which is filed with the City Clerk and signed by the owners of twunty (20) percent or mo~ of the ~un of the lots included in the request, or by thc owners of ~wenty (20) percent or more of the propany which is located within two hundred (200) feet of the exmior boundaries of thc property being coesidered for reclassification, such request shall not be enacted except by thc favorable vote of at least thrce-£oerths (3/4) of the Council. Property owned by thc City of Dubuque or located in tim public right-of- way shall not be considared in thc above calculation(s) of twenty (20) percent area or property ownership.'* Section 3. Appendix A of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 6.2,1, and adopting the following new Section 6-2,1: "6-2,1. Notice of Commission hearings. Notice of thc time and place of all public heatings to be held by thc Zoning Conuuis- sion shall be published in a newspaper of general circulation in thc city at least seven (?) days and not m~e than twenty (20) days pries to the date of the hearing. A reasonable effort shall be made to notify by mall those property owners whose property is being considered for reciaesification and those adjacent owners of property within two hundred (200) fc~t thercfrom, prior to the first public hearing in which the reclassification r~lunst will be considered. Where the Commission bus a public heating on a reclassification request, the Commission shall direct and require verification that the applicant or their agent has taken responsible steps to give notice of the time, place, and subject of the hcmiag by first class mail to all property owners within two hundred (200) feet of the property for which reclassification is requested, and to the owner(s) of the property included in such request, The Commission may ~cqalre, at its disc~fion and at the applicant's expense, notification of owners of property located mom than two hundred (200) feet from the subject property and of other parties with a direct interest in the reclassification requested. Where no Commission heating is held, Council shall direct and require verification that thc applicant or their agent has taken responsible stops for mailing such notice. Only one (1) mailing shall be ~quilr. d in any event, and mall notice by the Council shall not be required where the Commission has s~t its own public hca~ag on the requcsL In all cases, however, the notice shall be mailed not less than seven (7) days and not mom than twenty (20) days prior to the public heating announced therein.*' Section 4. Appendix A o£ thc City of Dubuque Code of Ordinances is hereby amended by repeuiing Section 6-3.1, and adopting the following new Section 6-3,1: "6-3.L Commirsion action. Any person may propoce amendments to the provisions of this Ordinance by dalivuring a copy of the proposed amendment to the Plunning Services Division. Such proposals shall be considc~d in rcgciar session by the Zoning Commission, at a public hearing. Notice o£ thc time and phice of all public heariags shall be published in a newspaper of general circulation in thc city at lenst s~ven (7) days and not more than twenty (20) days prior to the date of thc heating, Fuiinwing the public hearing, the Commission shall act to approve or disapprove the proposed amendment. The affimsstivc vote of at least four (4) Commission members shall be ruqui~ed to constitute approval o£ the proposal, and any lesser number o£ affirmetive votes shall be considered disapproval of thc amondmcnt. The Commission's recommendations shall be forthwith transmitted to the Council for their action. A failure by th~ Commission to act within sixty (ti0) days fciinwing the first Commission m~etlng, at which the request is recuived, unless thc person(s) seeking the amendment ruquest(s) an extension of this sixty (60) day limitation of the proposed amendment, shall constitute Commission approval thereof. Section $. This Ordinance has heretofore been reviewed by the Zoning Conunission of thc City o£ Dubuque, Iowa. Section 6. This Ordinuncc shall take effect immedlately upon pobfication. Passed, approved and adopted this 3rd day of June, 1991. Jamce E. Brady Mayor Attest: Mmy A. Davis City Clerk Regular Session, June 3, 1991 224 Published officially in the Telegraph Herald this 22ad day of luno, 1991. Mat/A. Davis City Clerk It 6/22 Council Member Kricg moved final adop- tion of the Ordinunue. Seconded by Council Member Voetberg. Canled by tho fullowing vote: ycas--M~yor Bredy, Council Members Dalch, Klnouner, Kriag, Voetherg. Nays--- None. Absent--Council Mumb~s Nicbol~un, Pra~ Proof of Publication certified to by the Publisher on Notice of Public Heating on amundment to Zoning Ordinance providing for an OC Office Commercial DisUiut, presented and mad, There were no written objections received and no oral objectors present at the time of the hearing. Council Member Kriag moved that the proof of publication be re, ceived and filed. S~conded by Council Member Kinesnes. Car~ed by the following vote: Yeas--/vinyor Brady, Council Members Dciuh, Klueuner, ICvieg, Vuetbe~g. Nays--None. Absent--Council Members Ninholson, Pratt. An Ordinunce providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by revising Appondix A thereof, also known es thc Zoning Ordinunce, by adding u new Se. orion 3-2.3 providing for un OC Office Cooun~cicl District, said Ordinance having been presented and read at thc Council me~ting of May 20, 1991, presented for final action. (OffICIAL PUBLICATION) ORDINANCE NO. 47.91 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDI- NANCES. CITY OF DUBUQUE, 1OWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY ADDING A NEW SECTION 3-2.3 PROVIDING FOR AN OC OFFICE COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appeadix A of the Code of Ordinances of tho City of Dubuque, lowe, is bereby amended by adding a new Section 3-2.30C Office Commercial District es provided in the attached Exhibit A. Section 2. That the foregoing amendment ins heremfo~ be~n reviewed by thc Zoning Commission of thc City of Dubuque, Iowa. Section 3. That this Ordinance shall take cff~t immediately upon publication. Passed, approved and adopted this 3rd day of June, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor APPENDIX A - ZONING 3-2,3. OC Office Conm~erclul Dis~ct, (A) ~c and deserlp~on. Thu Office Commercial District is intended to encouragu and penuit the establishment of commercial business uses in rrdxed use specialty a~es. This distrlct is intended to be located in areas which have developed, or are appropriate to develop, ns finlted retail districts. This district is also intended to be located in areas adjacent to established commercial distrlcts, in histoilc and/or architecturally significant aruns wham tho adaptive reuse of cxisilag buildings is encouraged, in areas of particular tourist interest and along arterial and/ia' collector sheets which are suitable for more intensive comme~ial development. (B) Princi al rmitted, uses. The following ns~s shall be permitted in the District: (l) One and two-family dwciliag units within existing structures only [9] (2) Multi-family dwelling units within existing slmctm'es only [91 (3) General offices [14] (4) Churches, convents and monasteries[?] (5) Schools of private instruction [4] (6) Noncommercial art galleries, museums and libraries (?) Barber/oeanty shops [16] (8) A~ist studio [5] (9) Photographic studios [23] (10) Bakeries (re~il only) [19] (ll) Confectioneries [19] (12) Commercial an galleries [171 225 Regular Session, June 3, 1991 (13) Clothing/eccesscey stores [17] (14) Shco stores [17] (15) Jewelry st~es [17] (16) .%wlng/fnbfie stores [17] (17) Bock/stationary sto~s [17] (18) Oi~anuvenlr shops [17] (19) Toy/hobby shops [17] (20) Spc~dn8 goods (salushun~) [17] (21) Bicycle shops (salus/rental) [ 17) (22) Can'~m/phetosup1~.ystores[17] (~3) Flower shops [17] (24) Antique shops [27] (25) Fumttom/home furnishing s [27] (26) Any other specialty retail use of · simiinr nature and intensity, us deternticed by thc City Planner. (C) ~. The following uses shall be pemnttod as accessory usus as provided in Section 4 of this Ordinance: (1) Attached garages (2) Detached garages (3) Ncocozemereial greenhouses (4) Solar coliectors (5) Wind generators (6) Sateliito receiving dishes (7) Storage buildings (8) Readily moveable sports rec~'nation or outdoor cookln8 equipment (9) Tennis courts, swinm~ng peels and similar permanent facilities (10) Home cccopaticos (11) Noncommercial gardens and nu_r~eries (12) Off-stscet parking of vehicles (13) Fences (14) Garage sales or rummage sales provided that not more than three (3) such sales shali be nllowed ~ premises p~r cnlcodar year and not mom than three (3) consecutive days per sale. (D) Conditional uses. The following conditional uses shall be permitted in the CC District subject to the provisions of Section $ of this Ordinance: (1) Bed and Ineakfust inn, provided thn*' (a) The structure is either regnlated by the Historic Preservation Ordinance or is Usted on tho National Re~iste~ of Histmic Places; (b) Thc proper~y has a fall time resident owner or resident manage, (c) Thc structure has a mini- mum total fleer arco of 4,500 square feet, with net more than coo (1) sleeping rein for each 750 square feet of floor a~a to a maximum of nine (9) sleeping (d) Signage shall be limited to one (1) sign per sUcet frontage, either wall- mounted or free-standing, not to exceed eight (8) square feet area, not internally illuminated, and with direct lighting only with sharp cut-off luminaries; (e) The permit shall not license the property for rental us a private club, museum, or tour homo unless approved by the Beard; and Parking shall be provided at a rate of one (1) space ~ guest room. Tho pm'k- ing shall be provided co- site or co a street frontage of the property, and should not intensify parking im~b- lem. s in the neighborhood. (2) Restaurant, provided that: (a) Thc pa~king group re~lUire- ments can be met [20]; (b) Can'y-out items shali not be dispensed tire,ugh any drive-through or walk-op window;, (c) Any outdoor seating shall be accessory to thc indoor operatico; (ti) Opaque scrusuing shall be provided for adjacent fi~st O) Regular Session, June 3, 1991 226 floor ~side~tinl uses in conformance with the ~ito plan review provisicos of Section 4-4 and 4-5 of this Bar/~avem, provided that: (a) 'Die parhing group reqnlre- merits can bo met [20]; (b) A n~s. ximum m'ea of two thousand two hanch~l (2,200) square feet in gross fioor area shall not be exceeded; (c) Any outdoor seating shall be accessory to the indoor operatico; (d) Opsqu¢ screening shall be provided for adjacent first floor residential uses in conformance with the site plan review provisions of Section 4-4 and 4-5 of this Ox~nance. (4) Group day care center, pro- vided that: (a) Fogy (40) sqtmre fe~t of indoor floor area (exclud- ing halls and betlwooms) is provided p~r child in areas oc~opied by cribs, thirty- five (35) square feet of indoor area (excluding halls and bathrooms) is provided per child in me~s not occupied by cribs times thc licensed capacity and seventy-five (75) square feet of fenced ouuioor reca~ation space is provided per child using the space at a given tin~; (b) The parking group rsquire- merits can be met [8]; (c) Such facility shall supply loading and unloading of o'cato traffic or safety (d) All licenses have been issued or have been appfied for awaiting thc outcome of the Board's decision. (5) Private dubs, lYmvided that. (a) The parking group re, quire. ments can be mat [20]. (6) Off-sUcet psxking of operable automobilus to serve a per- mitsed us conditional use in this district, provided that: (n) No structure other than a screening or security fence or wall shall be erected on the premises; (b) Signagc shall be limited to one (1) fme-stamiln8 sign of no mo~ than eight (8) square feet in size per drive opening, identifying tho parking use, providing directions or marking entrances and exits thereto; and (c) A site plan shall be sub- mitred and approved as provided in Section 4-4 of this Ordinance. (7) Parking strectums, (E) Temporary uses. The following uses shall be permitted us temporary uses in thc CC District. (1) Building or trailer for storage of mate~als and/or equipment necessary for consUoctico authorized by a valid building permit, provided the location of the building or tsaller has been approved by the building official, (F) Bulk mgnlaticos. (G) Parking requirements. See Section 4-2 of this Ordirmncc; except that a twenty- five (~S) percent reduction shall be allowed in the OC District for both permitted and conditional uses. (H) Signs. Signs shall meet the requirements of the OR Office Residential District as provided in Sectico 4-3 of tiffs Ordinance. Published officinlly in the Telegraph Herald this 22nd day of November, 1991. Mary A. Davis City Clerk It 6/22 227 Regular Session, June 3, 1991 Council Member Faing moved fired Mop- tion of the Grdia~ca, as ~nended. Seconded by Council Member Kluesner, C~rlud by the following vote: Yens~Mayor Brady, Council Members Deich, Kluesner, Kflng, Vuntborg. Nays---None. Absent---Coune'fl Members Niehelsun, Pratt. Communication of City Manager advising of the intent to l~usant recycling bins to the Council Members participating in the Pilot Recycling Project, presentnd and read, Council Member Klunsne~ moved that the communication be rceeived and filed. Seconded by Council Member Kring. Canied by the following vote: Yeas--Mayor Brady, Council Members Dalch, Kluesner, Kring, Voetbe~g. Nays--None. Absent---Counc'ti Membere Nich~dson, Pratt. Petition of Jalic Hcckmann submitting additional informatiun regarding the installation of sidewalks on Reckdale Road and further requesting that the caat side of Rockdale Road be added to tho direction of the Enginecting Department's study for a sidewalk on the west side of Rockdale Road, presented and Julie Heckmann and Jim Heckmann, 1140 Rnekdale Road requested adding east side of Rockdale to sidewalk project. Helen and Bob Mole, 1170 Rnekdale, Dr, Donovan Ward, ll60 Rockdale Road, James Waller spoke in opposition to sidewalks installation. Council Member Kdeg moved that the petition be received and filed and include the east side in the design of sidewalk on Rockdale Road and figure assessments accordingly for one side and both sides. Seconded by Council Member Dcich. Carried by the following vote: Yeaa--Mayor Brady, Council Members Deich, Klnesner, Kfing, Voctberg. Nays--None. Absent-- Council Members Nicbolson, Pmtc Council recessed at 9:38 p.m. Council reconvenod at 9:50 p.m. Petition of Attorney Gary Nesby ~uqu~t- ing Council to reconsider and modify prior action taken with regard to approval of the final plat for Woodland Heights approved at thc meeting of May 20, 1991, presented and read. Mr. Norby spoke stating representation of Richard Claussen & Jim Straka, and requested re. conaideredon. Council Member Kluesner moved that they reconsider the action taken at the Council meeting of May 20, 1991. Secunded by Council Member Krieg. Ca'aied by the following vote: Yeas--Mayor Brady, Council Members Deich, Klnesner, Kring, Voetberg. Nays-- None. Absent--Council Members Nicbolsun, Pratt. Council Member Kluesnes moved that the petition be received and filed. Seconded by Coune'ti Member Krlng. Canled by the following vote: Yeas--Mayor Brady, Council Membe~ Deich, Kluesner, Kfing, Vuntberg. Nays--Nune. Absent--Couneil Members Nicholson, Pratt. Counc'ti Member Klnesner moved that they refer this maitor to thc Zoning Commission and staff for re- reviewing, based on comments and bring hack for approval. Seconded by Council Member Kfing. Carried by the following vote: Yeas --Mayor Brady, Council Members Dalch, Klnesner, Kring, Vcotberg. Nayn-- None. Absent--Council Members Nicbolson, Pratt. Petition of John Kiviahan, owner of property at 12764 John F. Kennedy Road requesting extension of water se~vica line to this propesty due to an emergency, and further advising of intent to vohmtmtly annex within 30 days if request is ~unted, p~sented and read. John Kivlahan, 3134 Hfilerest, Apt. 1, spoke to petition requesting help now ns there is no water at the property. Council Member Klucsnor moved that the petition ha w. cdived and filed and emergency request granted, subject to voluntary annexation. Seconded by Council Member Vcetberg. Canied by the following vote: Ycas--Mayor Bredy, Council Members Deich, Rinesner, Kring, Voatberg. Nays-~ None. Absent--Council Members Niebolsun, Pratt. Communication of City Manager request- lng ECIA Business Growth, Inc.., ha autho- sized to loan $55,000 from the City's poriion of the EDA Revolving Loan Feed to Larry Weitz Sign Systems, Inc., presented and wad. Council Member Vcotberg moved that the communication be received and filed. Seconded by Council Member Klnesner. Carried by the following vo~: Yeas---Mayor Brady, Council Members Deich, Kluesner, Kring, Voetberg. Nays--None. Absent-- Council Members Nicholson, Pratt- RESOLUTION NO. 174-91 RESOLUTION AUTHORIZING ECIA BUSINESS GROWTH, INC., TO LOAN $55,000 FROM THE CITY OF DUBUQUE'S PORTION OF THE EDA REVOLVING LOAN POND TO LARRY WEITZ SIGN SYSTEMS, INC. Regular Session, June 3, 1991 228 Whereas, the City of Dubuque has funded a pan of the local match of an EDA Revolving Loan Fund (RLF) which is administered by ECIA Business Growth, Inc.; and Whereas, ECIA Business Growth, Inc. has requested that the City of Dubuque anthoriz~ it to l~an Lmy Waltz Sign Syatem~, Inc. funds from thc City of Dubuque's po~ion of Whereas, the City Manager and staff have reviewed the Larry Weitz Sign Systems, Inc. project and have reconm~nded that the City support said project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon L That ECIA Business Growth, Inc., is hereby authorized to loan to Lany Waltz Sign Systems, Inc., $55,000 from the City of Dubuqun°s portion of tho EDA Revolving Loan Fund. Section 2. That the City Clerk is hereby directed to notify ECIA Business Growth, Inc., of said authotizatlun by ~runsmltting a cerdlled copy of this Resolution. Passed, approved and adopted this 3rd day of June, 1991. James E. Brady Mayor Attest: Ma~ A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Klnesner. Cnn/ud by the following vote: Ycas--Mayor Brady, Council Members Delch, ]Oucsner, Kfieg, Vcotberg. Nays--- None. Absent---Council Members Nicholson, PratL Communication of City Manager submit- ting Ordinance prohibiting the use of negative option marketing in the City of Dubuque by TCI Cobievision and recom- mending support of Ordinance as proposed by Cabie TV Regulatory Comt~ssion, presented and wad. Council Member Voatberg moved that the communication be received and filed. Seconded by Coune'ti Member Khesner. Can'iud by the following vote: Yeas--Mayor Brady, Council Members Deieh, Klnesner, Kting, Voetborg. Nays-- None, Absent---Cotmcil Members Nieholson, Pratt. An Ordinance amending the City of Duhaqne Code of Ordinances by adding a new Article IX to Chapter 31, probibifing Nngativc Ol~ion Plans in the City of Dubuque, Iowa, presented and wad, Council Member Vcatharg moved that this be cun- aidered the first reading only and place it on the Agenda for June 10, 1991. Seconded by Council Member Klnesner, Canied by the following vote: Yeas~Meyor Brady, Council Members Dcich, Riuesner, Krlng, Voetborg. Nays--None. Absent= Council Members Nichdsun, Pratt. Communication of City Manager esport- lng un a tentative agreement with TCI Cabieeialon on the expenditure of $800,000 of updating funds required by the Cable Franchise Ordinance No, 42-81 and recom- mending Council approval of the ng~e,~mcnt, preaunted ned read. Council Member Voetberg moved that the communication ha received and filed and approved agreement. Seconded by Council Member Dalch. Ca~ind by the following vote: Yeas--Mayor Brady, Council Members Deich, Khusner, Kring, Vcotberg. Nays~Nune. Abrent--- Council Members Nicholson, Pratt. Commmdcation from City Manager re- questing that thc Mayor be authorized and directed to sign a letter to the State Racing and Gaming Commission requesting that the additional racing dates and June 1 through September 2, 1991 simulcasfing dates requested by Waterloo Greyhound Park NOT be approved, in~sented and read. Council Member Voetberg moved that the communi- cation be received and filed and request approved. Seconded by Council Member Kfing. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Kfing, Veetborg. Nays-~ None. Absent~ouncil Mcmbea s Nicholson, Pratt. Communication of City Manager re. quest- ing Mayor be authorized and dh~cted to sign a letter to the DMATS Policy Committee asking approval of draft DMATS TIP which reflects Council approved CIP, presented and read. Coundl Member Vo~tberg moved that the communication be received and filed and directed that letter be signed by the majority of the Council. Seconded by Council Member Klnesner. Carried by the following vote: Yeas--Council Members Kloesner, Kfing, Voatberg. Nays--Mayor Brady, Council Member Deich. Absent--Coune'ti Members Nicholson, Pratt. Communication of Corporation Counsel submitting an Ordinance dealing with the problem by prohibiting elimination touma- 229 Regular Session, June 3, 1991 mcnts, presented and read. Council M. cml)er l~ing moved that thc communication be v'.,ueived and filed. Secunded by Council Member Riuesuer. Canted by the following vote: Yeas~Mayor Brady. Council Membeas D~ich, Klansner, Faieg, Vcotbor~. Nays-- None. Absent--Council Membe~ Nichoison, Platt. An Ordinance amending the City of Dubuque Code of Ordinances by adding to Chapter 33 a new Section 33-14 prohibiting Professional Boxing Elimination Toums- moats widfin the City of Dubuque, presented and read. Council Member Kfieg moved that this be considered the first reading of tho Ordinance. Seconded by Council Member Kluesner. Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Kluesuer, Kfing, Vco0serg. Nays,-- None. Absent---Council Members Nicholson, Pratt. Communication of City Manager recom- mending approval of ngnmn-~nt with Dubuque h-Fatoro for grading of Dubuque Coqx)rate Center, presented and read, Council Member Voetberg moved that the communication'be received and filed. Seconded by Council Member Kaieg. Canied by the following vote: Yeas--Mayor Brady, Council Members Dutch, Klueseer, Kfieg, Voetherg. Nays-~None. Absent--Council Members Nichoison, Pratt. RESOLUTION NO. 175-91 RESOLUTION APPROVING AN AGREEMENT FOR GRADING OF DUBUQUE CORPORATE CENTF~, DIRECTING THE EXECUTION OF SAME AND AUTHORIZING THE DISBURSEMENT OF NOT TO EXCEED $620,000 FOR THE PROJECT Whereas, in furtherance of the objectives of Chapter 403 lowa Code, 1989, ~s amended, ("Urban Renewal Act"), the City of Dubuque ("City") has undertaken an Urban Renewal Project ("Project") to advance thc community's ongoing economic development efforts; and Whereas, said Project is located within the Dubuque Corporate Center Economic Deval- opmcnt District ("Project Area'+); and Whereas, there has been im~peted and approved by the City an Urban Renewal Plan for the Project Area consisting of the Urban Renewal Plan approved by the City Council of the City on the 18th day of Mm'ch, 1991, ("Uffo,an Renewal Plan"); and Whereas, Dubuque In-Futttse, Inc. ("In- Futaro") is organized to render sen, leo to the City of Dubuque, lowa, on mattere of com- munity interest and to undertake in coope~- tiou with the City, or on its own initiative, the sponsorship of projects diluted to selvlng the needs of City residents in pan/uuhu' persons of low and moderate income; and Whereas, In-Futaw is the owner of approximately 27 nc~s of land within the Project Area and desires to work with the City in improving their property consistent with thc objectives of thc Urban Renewal Plan; and Whereas, the Project Area requires extensive grading and filling to make it ready for development in accordance with the Urban Renewal Plan; and Whereas, In-Futaro had prepared plans and specifications for such grading by IIW Engineers and Surveyors, PC and has solici~d and received bids from qualified contractors for said grading; and Whereas, the Urban Renewal Act autho- rizes the City to make and execute con~acts nccessary and convenient to tho exercise of its powers under the Urban Renewal Act; and Whereas, an Agreement for grading of Dubuque Co,peseta Center with and by In- Future has been prepared and the sar~ is atteched he. to and by this reference n~ie a part hereof; and Whereas, the City belicves that the grading of tho property pursuant to this Agpceraent is in the vital and best interest of the City and in accord with the public pth.~oses and provisions of applicable Federal, State and local laws and the requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement for grad- ing of Dubuque Co~'ate Center is hereby approved and the Mayor and City Clerk are hereby authorized and direc~l to' execute said Agreement on behalf of the City of Dubuque. Section 2. That thc City Manager is hereby authorized and directed to disb~se funds to Dubuque In-Future, Inc. in an Regular Session, June 3, 1991 230 amount not to exceed $620,000 in nccor- dance with said Agreement Passed, approved and adopted this 3rd day of June, 1991. Attest: May/A. Davis City Clerk James E, Brady Mayor Council Member Voetberg moved adopt- ion of the Reanlutlon. Seconded by Council Member Kring. Carded by tho following vote: Yum--Mayor Brady, Council Members Deich, Kluesuor, Yaing, Voetherg. Nays-- None, Absent --Couecil Members Nichoisco, Pratt. Communication of Council Member Katie K~ng advising of her resignation as Council representative to Convention and Visitors Bureau and Council to appoint representative to fill vacancy, l~sented and ~ Council Member Klueener moved that the communi- cation be received and filed and accepted tho x~siSention with regret and decided to wait for the next meeting to make the meat. Seconded by Council Member Voetborg. Canted by the following vote: Yues--Mayor Brady, Council Members Dcich, Kluesuer, Riieg, Vcotberg. Nays--- None, Absent--Council Mumbcrs Nicholsco, Pratt RESOLUTION NO. 176-91 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUB, IOWA: James B. Brady Mayor Attest: Mmy A. Davis City Clerk Council Member Dutch moved adoption of the Rusolutlot~ Seconded by Council Vlember Kluesuer. Carded by the following vota:Ycas--Mayor Brady, Council Members Dutch, Kluasuer, Kfing, Vcolly~rg. Nays--- None. Absent--Cocodl Members Nichoison, Pratt. RESOLUTION NO. 177-91 Whereas, applications for Bcer Permits have been submitted and filed to this Council for approval and the sun~ have been examined and approved; and Wbereas, the premises to be occupied by such applicants wcre inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED IY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manauer be authorized to cause to be issued the following uamed appilcents a Buer Permit. CLASS "B" BEER PERMIT Pusatefi Bros,, Inc., Puseteri Pcppe Pizza. 2400 Central Avenue Passed, approved and adopted this 3rd day of June, 1991, That the foBowing having complied with the provisions of law relatiag to the sale of Cigaretics within the City of Dubuque, Iowa, Attest: bc granted a permit to sell Cigarettes and Mary A, Davis Cigarette Papers within said City, City Clerk Beecher Co., Inc., Buecher Bcverage, 1691 Asbu~y Read Hy-Vue Food Stores, Inc., Hy-Vee Food Stoic, 3500 Dodge Street M M and H Corporation, Silver Dollar Cantina, 342 Main Sm~et Riverside Bowl, Inc., Riverside Bowl, 1860 Hawthorne Street Passnd, approved and adopted this 3rd day of June 1991. Jaases E. Brady Mayor Council Member Deich moved adoption of the Resolution. Seconded by Council ~lcmber Klucsuer. Canled by thc following vote: yues--Mayor Brady, Council Members Dutch, Kluesuer, Krieg, Voethor~. Nays~ None. Absent---Council Members Nichoison, Pratt RESOLUTION NO. 178-91 Whereas, appUcations for Liquor Licenses have been submitted to this Council for approval and thc san~ have been examined and approved; and Wbemas, the premises to be occupied by such applicants were inspected and found to 231 Regular Session, June 3, 1991 comply with the State Law and all City O~dinances xchivant thereto and they have filed proper bonds. NOW, TI~REFORE, BE IT RBSOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" (COMMERCIAL) BEER AND LIQUOR LICENSE James B. Bauer, Jimmy "B's*', Sunday Sales, 431 Rhomberg Klm Reed, The Chateau, Sunday Sales, 3750 Central Riverside Bowl, Inc., Riverside Bowl, Sunday Sales, 1860 Hawthorne Passed, approved and adopted this 3rd day of Juue 1991. Attest: Mary A, Davis City Clerk James B. Brady Mayor Council Member Deich moved adoption of the Resolution. Seconded by Council Member Khiesnsr. Canied by the following vote: Yeas---Mayor Brady, Council Members Deich, Riuesner, Kriag, Voetherg. Nays-- None. Absent--Coancil Members Nichnison, Pratt MINUTES SUBMITTED--Five Flags Commission of 5-20;, Handicapped Parking Review Committee of 5-8; Historic Preservation Conunlssion of 5-8; Housing Code Appeals Board of 4-30; Human Rights Commission of 4-8; Long Range Planning Commission of 5-15; Police & Fire Retirement Boards Joint Meeting of 5-16, pre~ented and mad, Council Member Khiesner moved that the minutes be received and filed. Seconded by Council Member Dcich. Canled by the following vote: Yeas---Mayor Brady, Council Members Dnich, Kinesner, Kriag, Voelberg. Nay~-- None. Absent---Council Members Nicholson, Pratt. NOTICES OF CLAIMS/SUITS---Connie Armbrnster in unknown amount for personal injuries; Jean Bruce in amount of $52.43 for vehicle damages; Toby Buchanan (Annette Goedken) in amount of $2000.00 for vehicle damages; Richard 1~ Collins in arnoun~ of $42'/.81 for vehicle damages; Devin Gardty in amount of $399.59 for vehicle damages, presanted and read. Council Member Kinesnet moved that the claims and suits be refenv, d to the Legal Staff for investigation and report. Seconded by Council Member Dnich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesuer, Kriag, Voetberg. Nays-- None. Absont--Coancil Membars Nicholson, Prerc Communications of Co~orafion Counsel advising of referral of following claims to Crawfo~d & Company, the agent for tho Iowa Community Assurance Ponl: personal injury claim of Meatetta Flynn; property damage claim of Sondra M, Knabel; personal injury claim of Janet M. Vnsberg, presented and read. Council Member Kluesner moved that the communications be received and filed. Seconded by Council Member Deich. Canied by the foltowin8 vote: Yces-~Mayor Brady, Council Members Dalch, Kluesncr, Kriag, Voctberg. Nays--None. Absent-- Council Members Nicholson, Pratt. Commanicailon of Ninky Stanke, Libre~ Dh~ctor, submitting report from the annual battery of surveys conducted at the Carnegie Stout Public Libra~, incsanted and re~d. Council Member Khiesner moved that thc communication be received and filed. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Bredy, Council Members Deich, Ktansncr, Krle8, Vontberg. Nays--None. Absent-- Council Members Nichoison, Pra~ Communication of Diane O'Deil edvising of her resignation as a member of the Libnuy Board of Tr~tees, presented and read. Council Member Kinesner moved that the communlcailon be received and filed and accepted with regret. Seconded by Council Member Dnich. Canied by thc following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Voctberg. Nays--Noue. Absent--Council Members Nicholsen, Pratt. Petition of Dick Hartig requesting vaca- tion of 30 feet of Villa S~et adjacent to Lots 17, 18, 19, 20, 21 and the seutherly 5' 8" of Lot 22 in Levi's Addition, presented and read. Council Member Kluesner moved that the petition be refen'ed to City Manager and staff for investigation and rupert Seconded by Council Member Dnich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Kriag, Voetherg. Nays--Noue. Absent-- Council Members Nichoison, Pratt. Regular Session, June 3, 1991 232 Petition of Gary Newt requesting to vacate a po~ion of Villa Slreet, presen~l and re~d. Council Member Klue~ner moved that the petiflou be refen~d to thc City Manager and staff for investigation and ~perC Seconded by Council Member Dcich. Carded by the foBowin8 vote: Yens--Mayor Brady, Council Members Doich, Klansanr, Kfiag, Voutberg. Nays--None. Absent-- Council Memb~s Nichnison, Pratt. Communication of Pani J. Peck0zh, Senior Vice P~sidant of Dubuque Bank & Trust, submitting their report as required under Article VI of the Indenture of Trust between the City of Dubuque and Dubuque Bank & Trust Company regarding the Bethany Home project, presented and read. Coannil Member Kinesnes moved that thc communication be received and filed. Seconded by Council Member Dcich. Canied by the following vote: Ye~s--Mayor Bredy, Council Members Deich, Klucaner, Kricg, Voetbe~g. Nays--None. Absent-- Council Members Nichoison, Pre~ Communication of Eliecn T. Kester requesting a competitive nine-hole green fee for Bunker Hill Golf Course, presented and read, Council Member Khinsner moved that thc communication be ~c~ived and filed. Secomied by Council Member Deich. Carried by the following vote: Yeas--Mayor Bredy, Counnil Members Deich, Khiesner, Kriag, Voutberg. Nays--None. Absent-- Council Members Nichoison, Pratt. Communication of City Manager request- lng approval of the assignment of the concession operation at the Nicholas J. Sutton Swimming Pool from John Snider to Bill Meyer and Paul Rocuey and authorize thc City Managcr to execute, presented and read. Council Member Kinnsner moved that thc communication be received and filed and assignment approved. Seconded by Council Mumbo' Duich. Carried by the following vote: Yeas---Mayor Bredy, Council Members Deich, Kinesuer, Kriag, Voctberg. Nays-~ None. Absent--C. ouncll Members Nichoison Pratt. Communication of City Manager ~luest- lng approval of a Funding Agreement between Project Concean/Phone-A-Ffiand Inc. and the C~ty of Dubuque for services to be rendered to the citizens of Dubuque dining Fiscal Year 1992, presented and read. Council Member Kluesner moved that the communication be received and filed. Seconded liy Council Member Duich. Carried by the following vote: Yeas--Mayor Br~iy, Council Members Dnich, Kinesner, Kriag, Voetber~. Nays--Non~. Absent-- Council Members Nichoisou, Pratt. RI~OLUTION NO. 179-91 RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE PRO~ECT CONCERN/PHONE-A- FRIEND, INC. AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has negotiated with Project Concern/Phoue-A- Fsiend, Inc., to continue to provide for services that will aid the City of Dubuque in meeting the social and economic needs of low and moderate income persons and the long-te~Tn employed; and Whereas, the terms and conditions under which Project Concern/Phoue-A-Ffiand, Inc. will be funded for providing the above described services a~ set forth in the Funding A~reement, a copy of which Agrecn~nt is hereto at~anhed and by this ref~xence made a pe~ hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Funding Agreen~nt by and between the City of Dubuque, Iowa and Project Conecrn/Phone- A-Friend, Inc. be and the san~ is hereby approved. Secflou 2. That the City Manager be and he is hereby anthofized and directed to execute said Agreement for and on behalf of the City of Dubuque. Passed, approved and adopted this 3rd day of June, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Klucsner moved adop- tion of the Resolution. Seconded by Council Member Duich. Canied by the following vote: yeas--Mayor Brady, Council Members Dalch, Kinesuer, Faiag, Voetberg. Nays--- Nouc. Abscnt--Coancil Members Nichoison, Prate 233 Regular Session, June 3, 1991 Communication of City l~umager ruque~t- lng tho filing with the Dopamncet of Housing and Urban Development · Request for Release of Community Development Block Grant funds for the Dubuque Corporate Business Park (Wm. C. Brown Company), pmrented and read. Council Member Klue~ner moved that the commtmi- cation be rec4dved and filed. Seconded by Council Member l~eh. Canied by the foBowing yoU.: Yeas--Mayor Brady, Council Members Dnich, Kluesanr, Krleg, Veetberg. Nays--None. Absent-- Council Members Nichcison, Pratt, RESOLUTION NO. 180-91 A RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE DUBUQUE CORPORATE BUSINESS PARK (WM. C. BROWN COMPANY) Whereas, the City of Dubuque convcued an ad hoc ocmmittee on February 26, 1991, which completed an environmental assess- ment of the above captioned project to be funded with the Community Development Block C-rant; and Whereas, pu~sannt to Resolution No. 153-91, edop~ed May 6, 1991, public notice of a "Finding of No Significant Effect on the Environment" for the above project was published May 8, 1991, in the Dubuque Telegraph Herald and provided for a public comment period until 12:/30 noon, Friday, May 24, 1991; and Where., public notice of a "Finding of No Significant Effect on the Environn~nt" for thc project was sent by regular mail to various federal, state and local public agencies and to thc local news media, individuals and groups known to be in~'- ested and believed to be appropriate to receive such a public notice; and Where., any and all objections, if uey, to such proposal has been duly considered; and Whereas, it is the in~nt of the City Council to authorize the submiss/on of a ~.quest te the U.S. Department of Housing and Urban Development for the release of funds to can'y out the above identified project NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1. That the environmental review reconi for the project shall continue to remain on file in the Office of the City Clerk where said record may be examined and Col~ed by any interested party. Se~inn 2. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Dcvciopment seven (7) days after publication of appropriate notice a Request for Release of Funds to undertake the said project, Sectinn 3. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Dapastment of Housing and Urban Development responsi- bil/ties for review, decision making, and action assumed and ealtrlod out by the City of Dubuque as to envlsonmentni issues. Section 4, That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal cour~ if an action is brought to enforce responsibilities in relalion to environmental reviews, decision making, and action. Section $. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmce~l review procedures. Sectinn 6. That the City Clerk be and she is hereby authorized snd directed te publish a public notice for a Request for Release of Funds and Certification atlanhed hereto and made a pan hereof. Passed, approved and adopted this 3rd day of Jane, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluesner moved edop- llon of the Resolution. Seconded by Council Member Deich. Car~ed by the following vote: Yeas--Mayor Brady, Council Members Deieh, Kluesner, Faieg, Veetherg. Nays~ None. Absent----Counnil Members Nicholson, Prate Communication of City Manager submit- ting, for Council review, Ordinance Numbers 40-91, 41-91, 42-91 and 44-91; said Regular Session, June 3, 1991 Ordinance.4 we~ adopted et thc Council morning of May 20, 1991, presented and wad, Council Member Kluesner moved that tbe communiceflon bo received and filed and publication approved, Sec~xded by Council Member Dcich, C~mied by the following vote: Yeas --Mayoc Brady, Council Members Dnich, Kluesoer, Krleg, Voc~berg. Nays--- None. Absent---Council Members Niehoison, Pratt, Communication of Jan Hess, Dubuque County Personnel Deparunent, requesting suspension of Real Estate Taxes for Lenice Kingsley, presented and read. Council Member Kluasner moved that the communi- cation be received and filed and suspension approved. Canlod by the following vote: Yeas---Mayor Brady, Council Members Daich, Kluesner, Krieg, Voctherg. Nays-- None. Absent--Council Members Nichoison, Prate Mavff Miller, Manager of Rivervicw Park, spoke requesting budgetary consideration for the park. There being no further business, Council Member Deich moved to adjourn the racet- ing. Seconded by Council Member Voetberg, Canind by the following vote: Yeas--Mayor Brady, Council Members Ddich, Kluesncr, Kficg, Vootberg, Nays---None. Absent-- Council Members Nicholson, Pratt, 234 Meeting ndjoumed at lh04 p.m. M~'y A. Davis City Clerk Attest: 235 Special Session, June 10, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Spechd Session, June 10, 1991. Council met at 7:00 p.m., Pnblic Library Auditorium. Present: Mayor Brady, Council Members Ddich, lOuesner, Krieg, Nicholson, Pratt Voetberg, City Manager W. Kenneth Gearhart, Corporation Counsel Bany A. Lindehl. Mayor Brady read thc call and stated this is the Special Session of the Council called for the propose to act upon Resolutions regasding the construction of the 1~91 P.C. Concrete Paving Project and acting upon such business which may properly come before the Council. Council Member Kluesner moved that the rules be suspended to aglow anyone present to address the Council if they so desire. Seconded by Council Member Pratt, Canded by the following vote: Yeas--Mayor Brady, Council Members Deich, Klueuner, Krieg, Nicholson, Pratt, Vectberg. Nays--Noun. RESOLUTION NO. 182-91 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1st day of May, 1991, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for thc 1991 P,C. Cco- crete Paving P~ject; and Whereas, notice of heating on plans, specifications, form of contract, and estimated cost was published as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specific~ons, form of contract and estimated cost are hereby approved as thc plans, specifications, form of conlxact and estimated cost for said impeovements for said wojcct. Passed, adopted and approved this 10th day of Juan+1991. Mary A. Davis City Clerk Jamus E. Brady Mayor Council Member Kluesner moved adop- ilon of the Resolution. Seconded by Council Member Nlcholson. Candnd by the following vote: Yeas---Mayor Brady, Council Members Duich, Kluesner, Kfieg, Nichulson, Pratt, Vcotberg, Nays---None. RESOLUTION NO. 18~-91 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 1991 P.C. CONCRETE PAVING PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the 1991 P.C. Concrete Paving Project, has given notice of the public hearing thereon as ruquired by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending hafore this Council; end Whereas, this is the time and place set us provided for thc tuldng of action on the proposed Resolution of Necessity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and aH objections filed or made having been duly considered are overruled. Panned, adopted and approved this 3rd day of June, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Kluesner moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the followhig vote: Yeas---Mayor Brady, Council Members Deich, Klaesner, Kring, Nicholson, Pratt, Vcotberg. Nays--None. Special Session, June 10, 1991 236 RESOLlYrION NO. 184-91 ORDERING BIDS NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OP DUBUQUE, IOWA: That tbe 1991 P.C. Conerete Paving Project is hereby esdesed to be advertised for bids for consUanlico. BE IT FURTHER RESOLVED, that the amount of the secm'ity to accompany each bid shall be in un amount which shall conform to the ptovisicos of the notice to bidders he,by nppwvnd as a past of tho plans and specifications heretofore adopted. That the City Cie~k is hereby directed to advertise for bids for the construction of the improvemunt~ herein provided, to be pub- lishnd in a newspaper having general circulation in the City of Dubuque, lows, which notice shaH not be less than four days nor more than twenty days Inior m 0tht~ receipt of said bids at 2:00 p.m. on tho ~0 day of June. Bids shall be opened and read by the City Cie~k nt said time and wili be submitted to the Council for final action at ?:30 p.m. co the 1st day of July, 1991. Passed, ndopted und ~pproved ~hls 10th day of June, 1991. Jan~s E. Brady Mayor Attest: Mary A, Davis City Clerk Council Member Kluasner moved finn of the Resolution. Seconded by Council Member Nichalsco. Carried by the following vote: yeas--Mayor Brady, Council Members Duich, Kluesner, Krieg, Nicholsco, Pratt, Voetherg. Nays---Noun. An Ordinance amending the City Dubuque Cede of Ordinances by new Article IX Negative Option Pians in the City of Dubuque, Iowa, said Ordinance having been presented and read at the Council n-e~ting of June 3, 1991, presented for fu~er ~ction. Attorney Jan~s Heckmann, 216 CyCaze Plaza. questioned if the proposed Ordinance would impact the vafiot~ "Book of the Month" clubs. Douglas Nix, of TCI Cable Co., stated they will not launch Encore es originally planned effective July lsL Council Member Kluesner moved that this be considated the second reading of the Ordinance. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dulch, Klunsner, Krieg, Nicholson, Pratt, Veetberg. Nays--None. There being no further besiucas, Council Member Klunsnes moved to adjourn the meeting. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Duich, gluesnar, Kflng, Nicholson, Pratt, Vcotbetg. Nays---Noun. Meeting adjourned at 7:39 p.m. Mary A. Davis City Clerk Apgtoved~ '~---~ 1992, Council Members Attest: . Regular Session, June 17, 1991 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, lune 17, 1991. Council n~t at 7:30 p.m., Pohilo LilmuT Auditorium. Prasunt: Mayor Brady, Council Members Deich, Klunsunr, Krieg, Nichoison, Pratt, Vuntberg. City Manager W. Kenneth Ounthatt, Corporation Counsel Ban/ A. Liedahl. Mayor Brady read the call and stated this session is the Regui~ Monthly Meating of the City Council cailed for the propose to act upo~ su0h business which may properly come before tho Council. Invunation was given by Father John Waish, Pantm- of St. Joseph's Catholic Cherch. PROCLAMATIONS--June 17-23 as "Amateur Radio Week" mccived by Bill Hanmeier. City Human Services Di~c~- Randy Peck intreduced Mr. Charles Azoheokhui, City Human Rights Director. Council Member Kluesner moved that tho niles be suspended to allow anyone pre~nt to address the Council. Seconded by Council Me~nber Vuntherg. Canied by the following vote: Yeas--Mayor Brady, Council Membe~ Deleh, Klunsner, Kaieg, Nichoison, Pratt, Vuntberg. Nays--None. Proof of Publication certified to by the Publish~ un Notice of Hearing on Hans and Specifications for thc Locust Street Parking Ramp Revenue and Control Equipment, pre- sunred and read. Them were no written objections received and no oral objectors present at the time of the hearing. Council Member Pratt moved that thc proof of publi- cation be received and filed. Seconded by Council Member Klunsner. Carried by the following vote: Ye~--Mayor Brady, Council Members Deich, Kluesanr, Krleg, Nichoison, Pratt, Voetherg. Nays--None. RESOLUTION NO. 1~-91 RESOLUTION ADOPTINO PLANS AND SPECIFICATIONS Whereas, on the 1st day of May, 1991, plans, specifications, form of contract and estimated c~ost were ~ed with the City Cierk of Dubuque, Iowa, for the Locust SUe. et Pafldng Ramp Revenue and Con~ol Equip- ment; und Whereas, notice of heating on plans, specificafioas, form of con,act, and estimated cost was published as requliv, d by law. NOW, THEREFORE, BE IT RESOLVBD BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of conffact and estimated cost are hereby approved as the plans, specifications, form of contract and estimated co~t for said improve- merits for said projcet, Passed, adopted and approved this 17th day of June, 1991, Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Pratt moved adoptio~ of the Rasolufion. Seconded by Coutwil Member Kluesner. Cnn/ed by thc following vote: Yeas--Mayor Brady, Council Members Dcich, Klunsuer, Krieg, Nicholson, Pratt, Vuntberg. Nays---Noun. Proof of Publication certified to by thc Puhiisher on Notice to Bidders of the Receipt of Bids for thc Locust Street Parking Ramp Rcvcnun and Control Eqcipmcnt project and communication of City Manager recommending to award contract for project, presented and read. Coundl Member Pratt moved that thc p~oof and communication be received and filed. Seconded by Council Member Kluesner. Can/ed by the following vote: Yeas--Mayor Brady, Council Members Deleh, Kluesner, Krieg, Nicholson, Pratt, Vuntberg. Nays--None. RESOLUTION NO. 186-91 AWARDING CONTRACT Whereas, sealed l~OpeSals have been submitted by con,actors for the Parking Revenue and Control Equipment update for the Locust S~eet Ramp pursuant to Reso- Regular Session, June 17, 1991 238 luilon No, 129-91 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 16th day of May, 1991; and Wbereas, said sealed proposuis were opened and reed on the 3rd day of June, 1991, and it has been determined that the hid of Parking, Inc. of Des Moiuns, Iowa, in the anmunt of $93,516.00 was the lowest bid for the furnishings of all labor and materials and pedom~ing the work as provided for in the plans and specifications. NOW, THERBFORE, BE IF RESOLVED BY THE CITY COUNCIL OF Tile CITY OF DUBUQUE, IOWA: That the conh~tct for the above improve- ment be awarded to Parking, Inc. and tho Manager be and is hereby di~cted to execute n contract on behalf of the City of Dubuque for the complete performance of the woik. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the conuacto~'s bend, the City Trcasu~r is authoriz~l and instructed to return the hid deposits of the unsuccessful hidders. Passed, approved and adopted this 17th day of June, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved ndol~ion of the Resolution. Seconded by Council Member Kinesner. Can/ed by the following vote: Ye. ss--Mayor Brady, Council Members Deich, Kluesner, Krleg, Nicholson, Pratt, Voetberg. Nays-~Noan. Proof of Publication certified to by the Publisher on Notice of Hearing on Plans and Specificeilons for thc Reconstruction of an existing Storm Sewer in Sheridan Road between Peru Rund and Davis Avenue, pre* sented and ~ There were no written objections nw~ived and no oral objectors pre~ent at the time of the hearing. Council Member IGfieg moved that the proof of publicalion be received and filed. Secended by Council Member Nichoison. Canled by the following vote: Yeas--Mayor Brady, Council Member~ Dcich, Kinesanr, Krieg, Nicholson, Pratt, Voetherg. Nays--None. RESOLUTION NO. 187-91 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on thc 15th day of May, 1991, plans, specificati~ms, form of contract and esllmated cost were filed with the City Clerk of Dubuque, Iowa, for tho Sheridan Road S~m Sewer Reconstruction; and Wbereas, notice of heating un plans, specifications, form of contract, and estimated cost was peblished as requi~ed by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract, and esfiw~ted cost are hereby approved as the plans, specifioations, form of contract, and estimated cost for ~aid improvements for ~uid project. Passed, ndop~i and app~ved this 17th day of June, 1991. James E. Brady Mayor Ma~y A. Davis City Clerk Counc'fl Member Kfing moved adoption of the Resolution. Seconded by Council Member Nichoison. Canied by the following vote: Yeas--Mayor Brady, Council Members Dcich, lOunsner, Krieg, Nicholson, Pratt, Voetberg. Nays--Ncoe. Proof of Publication certified to by the Publisher on Notice to Bidders of the Re- ceip~ of Bids for the project and communi- callon of City Manager recommending to award cofl~act for project, presented and read. Council Member IOieg moved that the proof and communication be received and filed. Seconded by Coundl Member Nicholson. Can/ed by the following vote: Yeas--Mayor Brady, Council Members Deleh, Kluesunr, Krieg, Nicholson, Pratt, Voetberg. Nays---None. RESOLUTION NO. 188-91 AWARDING CONTRACT Wbere~, sealed proposals have been submitted by contractors for the Shefidun Rood Stetro Sewer llgconstruetion purauant to Resolution No. 165-91 and notice to hidders published in a newspaper published 239 Regular Session, June 17, 1991 in the City of Dubuque, Iowa, on the 24th day of May, 1991; and Wherena, s~id sealed proposals wea~ opened and mad on the 6th day of Jane, 1991, and it has been determined that the bid of McDermott Excavating of Dubeqne, Iowa, in the amount of $63,789.83 was the lowest hid for the furnishings of $11 labor and ma~rials and performing the work as provided for in the plans and specifications. NOW, TI~REFORE, BE IT RESOLVEI) BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improve- ment be awarded to McDermott Excavating and the Manngar 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 appwval of tho contractor's bond, the City Treastu~r is authorized and instructed to x~turn the bid deposits of the unsucce~sfni hiddors. Passed, approved and adopted this 17th day of Sune, 1991. Attest: Mary A. Davis City Cierk James E. Brady Mayor Council Member Kring moved adoption of tho Resolation. Seconded by Council Member Nicbolson. Carried by the following vote: Yeas-~Mayor Brady, Council Members Dcich, Kluesner, Kring, Nicholson, Pratt, Voetbel~. Nays--None. Proof of Publication certified to by the Publisher on Notice of Heating on Plans and Spenificati~os for the Construction of 1991 Asphalt Paving Project, presented and read. There were no written objections received and no oral objecto~ present at the limo of the hearing. Coune'd Member Vantherg moved that the proof of pobllcation be received and filed. Seconded by Counc'd Member Nicholson. Carried by the following vote: Yens--Mayor Brady, Council Members Deich, Klansner, Kfieg, Nicholson. Prat~ Vantberg. Nays---None. RESOLUTION NO. 189-91 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the lSth day of May, 1991, plans, specifiextions, form of contact and estimated cost were filed with the City Clark of Dubuque, lowa for the 1991 Asphalt Paving Project; and Whereas, notice of hemlng co plans, specifications, form of contract, and estimated cost was published as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That thc said plans, sl~cndons, form of contract and estimated cost are bereby approved ns the plans, specifications, form of contract and estiran~d cost for said improvements for said project. Passed, adopted and approved this 17th day of June, 1991. James E. Brady Mayor Attest: Mar-] A. Davis City Clerk Council Member Voetberg moved adop- tion of the Rarolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas---Mayor Brady, Council Membcas Deich, Klnesner, Kring, Nichoison, Pratt, Vontberg. Nays---None. Proof of Publication certified to by the Publisher on Notice to Bidders of the Re- celpt of Bids for thc project and conummi- cation of City Manager recommending to award contract for project, presented and read. Council Member Veetber§ moved that the proof and communication be received and filed, Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kxleg, Nicholson, Pratt, Voetborg. Nays--None. RESOLUTION NO. 190-91 AWARDING CONTRACT Wbere~. sealed p~posals have been submitted by conwactors for the 1991 Asphalt Paving Project pursuant to Resolution N~x 162-91 and notice to hidders pubBshed in a newspaper published in the City of Dubuque, lowa~ on the 24th day of May, 1991: and Whereas, said sealed proposals were opened and read on thc 5th day of Jane. 1991. and it has been determined that the bid Regular Session, June 17, 1991 240 of River City Paving, a Division of Mathy Construction Company of Onalaska, Wisconsin, in the amoant of $194,746.70 was the lowest bid for the furnishings of ail ~ and mate~als and performing the work as provided for in thc plans and spec~ficatior, s. NOW, THEREFORE, BE IT RESOLVEI) BY THE CITY COUNCIL OF THE CITY OF DUEUQUE, IOWA: That the conUact for the above improve- mont be awarded to River City Paving, a Division of Mathy Construction Company, and the Manngar be and is hereby dhr. oted to execute a contract on behalf of the City of Dubuque for the comNlete performance of the wink. BE IT FURTHER RESOLVED, that upon the signing of said contrsct and the approval of the contrac~r's bond, the City Treasurer is anthoilzed and inatructed to return tho bid deposits of the unsuccessful hidders. Passed, approved and adopted this 17th day of June, 1991. Jan~es E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Counc'fl Member Nicholson. Carried by the following vote: Yeas---Mayor Brady, Counc'd Members Dnich, Klnesner, Yaieg, Nicbolson, Pratt, Vo~thorg. Nay~None. Communication of Zoning Commission advising of their approval of amendments to the Plaza 20 PC Conceptual Development Plan, presented and read, Coancil Member Kluesnar moved that the communication be received and filed. Seconded by Council Member. Nicholson. Carried by the follow- ing vote: Yeas~Mayor Brady, Council Members Deich, Kluesnar, Kring, Nicholson, Pratt, Voetbrrg. Nays--None. An Ordinance atmnding Ordinance No. 6/-78 which Or~anece established a Planned Unit Development designation for the Plaza 20 Shopping Center and providing for tho expansion of the existing Planned Commercial District by ~eclassifying ndjclning property fsom C-3 General Cem- marnial to PC Planned Commercial and providing for District Sign Rngdiatiens, presented and ~ Council Member Kluesnar moved that this be considered tho first ~ding of the O~dinance, and that the reqnirereant that a psoposed Ordinance be consideand and voted an for passage at two Coancll meetings l~ior to the meeting at which it is to be llnaHy adopted be sus- pended and furd~r moved that a pubiic hearing be held on the prolx~w.d Ordinance on the 1st day of July, 1991, at 7:30 p.m. in thc Public UIx=y ~d~to~em and that ~ City Clerk pultish notice in the numner prescribed by law. Seconded by Council Membar Nicholson. Carried by the following vote: Y~Mayor Brady, Council Members Deich, Riuesner, Kring, Nicholson, Pratt, Voetberg. Nays--None. Convnunication of Zoning Commission advising of their denial to reclassify property at 590 Clarke Drive as ruqnested by Michael Breitbach, from C-I to C-2, prexanted and read. Council Member Pratt moved that tho communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas~ Council Members Dalch, Kfing, Ntcboison, Pratt. Nays--Mayor Brady, Council Members lOuesner, Vocthe~, An Chdinence an~nding Zoning ordi- nance by reclnssifying property located at 590 Clarke Diive from C-I Neighborhood Commercial District to C-2 Neighborhood Shopping Center District, p~santed and read. Lyle Grant, 5'/9 Clarkn Drive, and Bob Cronin, 2127 Gold St~et, objected to thc proposed rezoning. Coancil Member Voetberg moved that the Oufinance be received and filed and concur with thn denial. Seconded by Council Membo' Kluesner. Vote on thc motion was as follows: Yeas--Mayor Brady, Council Members Riucsner, Vcetberg. Nays~ Coancil Members Dalch, Foing, Nicbolsan, Pratt Motico failed. Council Member Pratt moved that this be considernd thc first xeading and that thc Ordinance be set for public heating on July 15, 1991, at 7:30 p.m. in the Public Library Audito~um and that the City Clerk publish notice in thc manner prescribed by law. Seconded by Council Member Nicholson. Carded by the following vote: Yeas-- Council Members Dalch, Kriag, Nicbelson, Pratt. Nays--Mayor Brady, Council Members Kluesner, Voetberg. Communication of City Manager recom- mending to vacate a pottion of an alley lying between Central Avenue and White Street, from 13th Street to 14th Street as requested by Dubuque Bank & Trust Compeny, pre- sented and xead. Council Member Pratt 241 Regular Session, June 17, 1991 moved that the communication be received and filed. Seconded by Council Member Kring. Carried by the following vo~: Yens~Mayor Brady, Council Members Deich, Klunsner, Krlng, Nicholson, Pratt, Voetherg. Nays.~None. RESOLUTION NO. 191-91 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN CENTRAL AVENUE AND WHITE STREET, FROM 13TH STREET TO 14TH STREET, A PORTION OF FOURTEENTH STREET, AND A PORTION OF CENTRAL AVENUE Whereas, there has been pre~ented to the City Council of the City of Dubuque, Iowa, a plat dated May 7, 1991, prqm~l by Buasing & Associates, Dubuque, lows, describing the proposed vacated portion of alley between Central Avenue and White Street., from 13th Street to 14th Strant, a portiun of Fourteenth S fay, et, and a potion of Central Avenue; and Where,, said plat confco-ns to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ~ CITY OF DUBUQUE, IOWA: Se~lon 1. That the plat dated May 7, 1991, prepared by Buesing & Associates, relative to the ~1 estate bereiunbove described be and the same is hereby epproved, and the Mayor and City Clerk be and they are hereby authorized and atrecled to execute said plat for and on behalf of the City of Dubuque, Iowa. Secllon 2. The City of Dubuque reserves unto itself a perpet~ easement including thc right of ingress and egress thereto, for the purpose of erecting, instslling, constructing, reconsUucting, repairing, owning, operating, and malnUtining water, sewer, drainage, gas, telephone, tv cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Se~lon 3. That the City Clerk be and is hereby authorized and directed to file said plat and ce~ified copy of this Resolution in thc office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 17th day of June, 1991. James E. Brady Mayor Attnst: Mary A. Davis City Clerk Council Member Pratt moved adoption of the Reanlullon. Seconded by Council Member Kring. Canied by the following vote: Yeas--Mayor Bnniy, Council Members Deich, Klucsner, Kring, Nicholson, Pratt, Vuntberg. Nays---None. An Ordinance vacating the alley between Central Avenue and White SWeet, fi'om 1301 Street to 14th Street, a porllun of Fourteenth Sm:et, and n portion of Central Avenue, presen~l and read. Council Member Pratt moved that this be considered the first reading of the Ordbiunce, and that the reqnirun~nt that a pToposed Ordrnanee be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally adepted be suspended and further moved that a public hearing be held on the proposed Ordinance on the, 1st day of July, 1991, at 7:30 p.m. in the Public Library Auditorium and that the City Clerk publish smtins in the manner prescribed by law. Seconded by Council Member Kfieg. Can'iud by the following vote: ye~.s.-*Mayor Brady, Council Mcmbgus Deich, Klucsncr, Kring, Nicholson, Pratt, Yuntberg. Nays-~Noun. RESOLUTION NO. 192-91 RESOLUTION DISPOSING OF CITY INTEREST IN CITY LOTS 444A, 444B, AND 444C IN THE CITY OF DUBUQUE, IOWA Whereas, the Dubuque Bank and Trust Company has requested the vscating of the alley between Central Avenue and White Street, from 13th S~eet to 14th Sue. et, a pocdon of Fourteenth Stteet, and a portion of Central Avenue; and Wbe~s, Bunsing and Asscciates, Dubuque, Iowa, has prepaid and submi~d to the City Council a plat showing the vacated portion of the alley between Central Avenue and White Stteet, from 13th Street to 14th Street, a portion of Fourteenth Smet, and a portion of Central Avenue and as- signed lot numbers thereof, which hereinafter shall be known and described as City Lots 444A, 444B; and 444C in the City of Dubuque, lowa; and Wbe~as, the City Council of thc City of Dubuque, Iowa, has determined that this alley between Central Avenue and White Regular Session, June 17, 1991 242 Street, from 13th Stteet to 14th St~et, a portion of Fourteenth Smet, and a pe~lion of Cun~ Avun~ is ~ 1o~ ~ f~ pu~c ~, ~pt f~ u~ ~ ~ no~, ~ v~ ~ ~ of ~d ~ of ~eys ~d s~ ~ ~ Ci~ ~ ~4A, ~B ~ ~C in &e ~ of Du~q~, Dub~un Co~, iow~ sho~d ~ a~v~. NOW, T~O~, BB ~ ~OL ~ BY T~ C~ ~O~C~ OF ~ ~1~ OF DUBUQ~, IOWA~ S~lon 1. That ~ City of Dubuque in~nda ~ ~s~e of i~ in~t in ~ ~ 444A, ~B, ~d ~4~ in ~ ~ of Dubuq~, low~ S~inn ~. ~t ~e ~nvey~ of ~ty ~ 444A, ~4B, ~d ~4~ in ~e City of Dubuq~, low~ ~ Dubuque B~ ~d Trust ~o~y ~ ~n~ngant u~n ~ ~y~nt of $8,~0.~, ~us pining, pub~on ~d ~ng f~s. S~lon 3. Tbe ~ of Dub~ ~se~ns ~to i~lf a ~t~ ~nt ~cl~ing ~ fight of i~ ~d ng~ss ~e~to, f~ ~e p~ of e~ng, instil, ~ns~c~g, ~ns~c~g, ~ng, owing, ~d ~n~g w~r, sewer, ~ge, g~, ~l~ho~, ~ ~ble, ~d el~c ~n~ ~ ~y ~ an~ by ~e Ci~ o~ Dubuque, low~ he,by au~ ~d ~ ~ ~ ~d in ~e ~r ~ ~sc~ by law. P~s~, ~v~ ~d ~ ~s day of June, 1~1. Jart~s E. Brady Mayor Attest: Mary A, Davis City Clerk Council Member Pratt moved adoption of the Resolution. Seconded by Council Mcmbec Krieg. Canied by the following vote: Yeas--Mayor Brady, Cour~cil Members Deich, Kluesner, Krieg, Ninholson, Pratt, Voetberg. Nays~None. Communication of City Manager submit- ting documents providing for the bidding process for Improvements to tho Emergency Operations Center to allow for E911 Back- Up and to improve thc ONerallng Efficiency as a Command Center, presented ami read. Council Member Xiuesner moved that the communication be recdived and filed. Seconded by Council Member Veetberg. Canind by the following vote: Yeas--Mayor Bnniy, Council Mambers Delch, Kluesner, Kfing, Nicholson, Pratt, Voetberg. Nays---Non~. P~SOLUTION NO. 193-91 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plmls, specifications, form of contract and estimated cost for the Remodeling of the Dubuque County Emer- gency Operations Center, in the estimated amount of $24,000.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, udopted and approved this 17th day of June, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Kluasner movad adop- tion of thc Resolution. Seconded by Council Member Voetberg. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcich, Kluesner, K~cg, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 194-91 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa, has given ils preliminary approval on the proposed plans, specifi- cations, and form of conl~act and placed same on file in thc office of the City Clerk for public inspection of the Rcmodallng of the Dubuque County Emergency Operations Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the lSth day of July, 1991, a public hearing will be held at 7:30 p.m. in the Public Library Auditmlum at which time interes~i persons may appear and be heard for or against the proposed pinns and specifications, form of contract and cost of said improvement, and tho City Clerk be and is beroby directed to cause a no6ee of time and place of such hearing to be published in 243 Regular Session, June 17, 1991 a coWsl~pcr ha~ing geec-~l circulation in the City of Dubuque, Iowa, which notice shall be not lass than four days nor mom than tweaty days prior ~o the day fixed for its conside:cmion. At the hcarlng, any interested person may appear and file objactions to the proposed plans, specifications, contract, or estimated cost of the improvemanC Passed, adopted and approved this 17th day of Suco, 1991. lames E. Brady Mayor Attest: Mary A, Davis City Clerk Council Member Klunsner moved adop- tion of the Resolugon. Seconded by Council Member Vcotberg. Canled by the following vote: Ye&s--Mayor Brady, Coundl Members Deinh, Kluascor, F~ing, Ninbelsoa, Pratt, ¥cotbera. Nays~None. RESOLUTION NO. 19S-91 ORDERING BIDS NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Remodeling of thc Dubuque County Emergency Operations Center is hereby ordered to be advertised for bids for BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the pro~isions of the notice to bidders hereby approved as a par~ of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the conslrucfion of the improvcmant~ herein provided, to be pub- lished in a newspaper having general clseu- lation in the City of Dubuque, Iowa, which notice shall cot be less than four days nor mom than twenty days prior to the receipt of said bids at 2:00 p.m. on the 3rd day of Jaiy, 1991. Bids shall be opened and read by the City Clerk at said tin~ and will be submitted to the Council for final action at 7:30 p.m. on the 15th day of July, 1991. Passed, adopted and approved this 17th day of June, 1991. Jarn~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Riuesncr moved adop- tion of the Resolution. Seconded by Council Member Vcoth~g. Canied by tho following vote: Yues--lVlayor Brady, Council Members Doiuh, Kluasnns, Krlng, Nichohoa, Pratt, Voctberg. Nays~Noco. Communication of City Manager submit- ting bidding doonmants providing for the construction of Dubuque Corporate Center Office Park and Pennsylvania Avenue Roadway and Utility Improvements, prasented and l~ad. Council Member Vcotberg moved that die communication be received and filed. Seconded by Council Member Nichol~on. Carried by the following vote: Yens--Mayor Brady, Coundl Members Deich, Riuescor, Kring, Ninholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 196-91 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the pwposed plans, specifications, form of conlract and estimated cost for the Dubuque Corporate Center Office Park and Pennsylvania Avenue Roadway and Utility Improvements, in the estimated amount of $1,621,454.31, are hereby approved and ordered filed in thc office of the City Clerk for public inspection. Passed, adopted and approved ~his 17th day of June, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Vontberg moved adop- tion of the Resolution. Seconded by Council Member Ninholson. Can-led by the following vote: Yeas--Mayor Brady, Council Members Deich, Riuasner, Kring, Nicholson, Pratt, Voetberg. Nays--None. RESOLUTION NO. 197-91 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, spacifi- cations, and form of contract and placed sco~ on file in die office of the City Clerk for public inspection of the Dubuque Regular Session, Coqaomte Center Office Park and Pennsylvania Avenan Roadway and Utility Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 15th day of July, 1991, a public hearing will be held at 7:30 p.m. in the Public Library Auditorium a~ which time interested persons may appear and be heard for or against the proposed plans and specifications, form of conlract and cost of said improvement, and the City Clerk be and is hereby directed to caase a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than fear days nor more than twenty days Inior to the day fixed for its conaide~ation. At the bearing, any interested person may appear and file objections to the proposed plans, specifications, contrant, or esgreated cost of the irnprovemenL Passed, adopted and approved this 17di day of June, 1991. Attest: Mary A. Davis City Clerk Jan~s E. Brady Mayor Council Member Vontberg moved adop- tion of thc Rasolution. Seconded by Council Member Nicholsen. Carried by the following vote: Yeas---Mayor Brady, Council Members Deich, Klunscor, Kring, Nicholson, Pratt, Vcotberg. Nays--Noco. RESOLUTION NO. 198-91 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clclk showing among oiher things die plans, specifications, form of contract, estimated cost and pruliminmy plat and schedule showing the amount proposed to be assessed against each lo/ and the valuation of each lot as ~ed by the City Council, for the Dubuque Corporate Center Office Park and Pennsylvania Avenue Ro,sdway and Utility Improvements. NOW, THEREFORE, BE IT BESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That thc City Council deems it advisable and necessary for the public welfare to make June 17, 1991 244 die h~uln mentioned improvemsnts, and uniass property ownars at thc time of the finsl coosiddration of this proposed Rnsolution have on file with die City Clerk objections to the Resolution of Necessity, they shall be deemed to have waived all objections porteihing to the rellnimity of the procecdiag and the legality of using the special assessment procedure. Said invprovemsnts shall be cons~ucted and done in accordance with the plans and specifications which have been spproved by the City Council and now on file with the City Cleric That the cost and expanse of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in propo~ion to the special benefits confenvA. The portion of thc cost which shell be borne by the City will be paid from General Obligation Bonds and Local Option Sales Tax, and special assessment bunds may be issued in anticipation of defened payments of assessments when a contract has been performed and accepted, and the proceeds tbe~cof used to pay the conUactor. Thc abovc Resolution was introduced, approved and ordered placed on file with the City Cinrk ~his 17th day of Juna, 1991. Approved and placed on file for final action. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Membec Voetberg moved adop- tion of the Resolution. Sexonddd by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesucr, Kfiag, Nicholson, Pratt, Voetbexg. Nays--None. RESOLUTION NO. 199-91 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, spucifi- cations and f~n of onntraot and placed sco~ on file in the office of the City Clerk for public inspection, for the Dubuque Corporate Center Office Park and Pennsylvania Avenue Roadway and Udiity lmprovcrconts; and 245 Regular Session, June 17, 1991 Whereas, the I~ Resolution of Necessity for said improvement has been intmdunsd and is now on file in the City Clerk's office for public inspection. NOW, Ti~REFORE, BE IT RESOLVED BY TI~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 15th day of July, 1991, n public healing will bo held at 7:30 o'clock p.m. in the Public Librmy Auditorium in the City of Dubuque at which tim~ the owners of prapetty subject to assessn~nt for tho proposed improvement or any other person having an interest in the matter may appear and bo hoard for or against the making of the improven~nt, the boundaries of the dis- trict, the cost, tho nssnssr~nt against any lot, or the final adoption of n Resolution of Necessity and the City Cierk be and is hereby authorized and directed to cause a notice of time and place of such heating to bo published in a newspaper having generai circulation in the City of Dubuque, lowa, which notice shall be published once nsch week for two consecutive weeks, the first publication of which shall bo not less than ton days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed Resolution have on file with the City Clerk objections to the Resolution of Necessity they shall bo deemed to have waived ail obje0tions thereto. Passed, edopted and approved this 17th day of June, 1991. lam~s E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Vcetberg moved adop- tion of the Resolution, Seconded by Council Member Nicholson. Carried by the following vote: Ye~-~Mayor Bredy, Council Members Daich, Kluesner, Krieg, Nicholson, Pratt, Vcotbotg. Nays--None. RESOLUTION NO. 200-91 NOW, TI~REFORE~ BE IT RESOLVED BY TI~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 2 inclusive, are hereby deternfined to bo the schedule of proposed assessments for the Dubuque Corporate Center Office Park and Pennsylvania Avenoo Roadway and Utility Improvements and the valuations set out herein are hereby approved. Passed, approved and adopted this 17th day of June, 1991. Jan'~s E. Brady Mayor Attest: Ma~y A. Davis City Clerk Council Member Voetborg moved adop- tion of the Rasolution, Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Daich, Kluesncr, Kficll, Ninhoisott Pratt, Voetborg. Nays--None. Commanication of City Manager submit- ting documents providing for the bidding pro~ss for the Eagle Point Water Tank Projeot, presented and read. Council Member Voetborg moved that the communication bo received and filed, Seconded by Council Member Pratt, Canled by the following vote: Yeas--Mayor Brady, Council Members Deich, Klucsner, Krieg, Nicholson, Pra~, Voetborg. Nays---None, RESOLUTION NO.201-91 PRFLIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Whamas, the proposed plans, specifica- lions and form of contract for the cleaning, repairing and painting of thc 500 MG Eagle Point water storage tank - Dubuque, Iowa, in thu estimated amount of $251,000 have been prepared by AEC Englncers and Designers undar the direction of the City. NOW, THERF~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, speclficatiom, and form of contract are approved and ordeaed filed in the office of the City Clerk for public impecfion. Passed, approved and adopted this 17th day of lune, 1991. James E, Brady Mayor Attest: Mary A. Davis City Clerk Counofl Membe~ Vontborg moved adop- tion of the Resolution. Seconded by Council Member Pratt. Can/ed by the following vine: Yeas-~Mayor Brady, Council Members Daich, Kluesner, Krieg, Niobolson, Pratt, Voetborg. Nays--None. Regular Session, RESOLUTION NO.202-91 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Wbexens, the City Council of the City of Duboque, low~, has given its preliminary approvai of fha proposed plans, spaulfica- lions, and form of contsect and pls~ul same on file in the office of the City Clerk for public inape~ion of tho cleaning, repahimt, and painting of the 500 MO Eagle Point water storage tank - Dubuque, lowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That on the 19th day of August, 1991, a public hearing will bo held at 7:30 p.m. in the Public Library Audi- torium at which time interested persons may appear and bo heard for or against the proposed plans and specifications, form of conmmt and cost of said improvement, and the City Clerk bo and is hereby di~cted to cansu a notice of time and place of such hearing to bo published in a newspaper having general circulation in the City of Dubuque, lowa, which notice shall be not less than fo~ days nor more than twenty days Ixior to the day fixed for its siderelion. At thc heating, any interested person may appear and file objections to the proposed plans, specifications, foou of contract, or estimated cost of thu improvement, Passed, approved and adopted this 17th day of June, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Pratt Carried by the following vote: Yeas--Mayor Brady, Council Members Dulch, K[uesner, Kriag, Niobulsoa, ~ Voetborg. Nays---None, RESOLUTION NO,203-91 ORDERING BIDS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sullen 1. That the cleaning, repahing, and painting of the 500 MO Eagle P~nt water storage tank - Dubuque, Iowa, is June 17, 1991 246 bon~by ordered to bo advertised for bids for Section 2. That the amount oftbo security to accompany each hid sboli bo in an amount which shah conform to tbo provisions of the notice to bidders hereby approved ~s part of the plans and speclflcatiom heretofore ndop~d. Section 3. That the City Clerk is hereby directed to edveflise for bids for thn construction of the tmprovemants herein provided, to bo publlsbod in a newspaper having genond ulmulation in the City of Dubuque, Iowa, which notice shall not bo less than fo~ days nor more than twenty days l~ior to the receipt of said bids at 2:00 p.m. on the 30th day of July, 1991. Bids shall bo opened and reed by the City Clerk at said time and will bo submitted to the Council for final action at 7:30 p.m. on the 19th day of August, 1991. P,used, approved and adopted this 17th day of June, 1991. Jaraes E. Brady Mayor Attest: Mery A. Davis City Clerk Coanoil Member Voetborg moved adop- tion of the Resolution. Seconded by Council Member Pratt Carried by the following vote: Yeas--Mayor Brady, Council Members Dulch, Kluemer, Kriag, Nicholson, Pratt, Veetbo~. Nays---None. Petition of Attorney Gary Norby, on bolndf of Woodland Heights, a general partnership, requesting approval of final plat for Woodland Heights Subdivision; Com- muulcation of Zoning Commission advising of their reonnsideration on this matter and advising they have approved the Resolution; Communication of City Manager requesting Council to approve plat with development criteria; Communication of At~ruey Gary Nofoy requesting Council to approve subdivision plat without any requirement for a smety bond or other pr~fommnce guarantee, presented and read. Couecil Member Klucsncr moved that the petition and communications be received and filed. Seconded by Council Member Pratt Canied by the following vote: Ye.m.--Couueil Members Deich, Kluesner, Ya'iag, Ninhoison, Pratt, Voctberg. Nays--Mayor Brady. Jim Straha, 9795 Military Road, requested Council to approve Resolution and waive the security requirements. 247 Regular Session, June 17, 1991 RESOLUTION NO. 204-91 A RESOLUTION APPROVING THE FINAL PLAT OF WOODLAND HEIGHTS SUBDIVISION IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a final plat of Woodland Heights Subdivision in Dubuque County, Iowa; and Whereas, up~ said final plat there appears a re.way easement to he known as Woodland Heights Road, together with public utility easements which easements the owners, by said plat, have dedicated to the public forever, and Whereas, the property owners requested, and the Dubuque City Zoning Commission agread that Woodland Heights Road should he cons~ucted to development standards noted in Section I of this Resolmiun; and Where., said final plal has be~n examined by the Dubuqun Clly Zoning Commission and had its approval endorsed thereon with thc understsmiing that there will he no variation from said stsmiards noted in Section I below; 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, except that the road grades have not been established or paving installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Woodland Heights Subdivision in Dubuque County be, and thc san~ is, hereby approved and thc Mayor and City Cierk are hereby authorized and directed to endorse the approval of the City of Dubuque, lowa, upon said final plat, provided the owners of said property herein named execute their written acceptance hereto attached agreeing: (a) Woodland Heights Road, as shown on said plat, shall he paved and constructed in accordance with Table lC of the Dubuque County Subdivision Ordinance. Said inivato roadway shall have a maximum grade of 12% and be a minimum of 22 feet in width with 4-foot shoulders subject, however, to the following variances which are approved: (I) Thc maximum ve~ical grade may exceed 12% up to a maximum of 14% from Station 0+_25 to Station 4_+75 as defined by roadway plans for Wund~and Heights Subdivision. The paved roadway surface in this defined segment shall he 24 feet wide as an additionsJ safety factor and as a result of the substandard vertical grade. (2) The segment of paved, private roadway surfaec from Station 6_+75 to Station 10+00 as dufinad by the roadway pinna for--Wundiund Heights Subdivision may he 22 feet wide with no shoulders or established drainage way as ~quhed by the County Subdivision Ordinance. (b) Only Lots 1, 6, 7, 8, 9 and 10 he allowed to have access off Woodland Heights Road. (c) The above-mentioned owners of said subdivision sheil provide tho foregoing consl~uction and maintenance of all said improvements at their aclu expense. (d) The ahove-rr~mionad owners of said subdivision shall complete the ~onstmction of said improvements within two (2) years foilowing approval of th~ final plat by the City Council of the City of Dubuque, lows. (u) Thai a homeowner's association be created with the rnsponsibliRy of maintalding Woodland Heights Road and any other commonly owned public utilities. (0 That the City of Dubuque, Iowa, shell assume no liability or damages for the da- sign, cons~uedon, maintenance, or operation of roads or driveways hi the Woodland Heights Subdivision. (g) Approval of this plat does not constitute approval of uny dedication of land by the owners for public use. Se~Bon 2. That in the event the above~ mentioned owners of Woodland Heights Subdivision shall fall to execum the acceptunce within 45 days after the date of this Resolution, the provisions of fids Resolution shall be null and void and the approval of the plat shall not he effective. Section 3. Any variation from these requirements shall render this Resolution and approval of the final plat nnil and void. Passed, approved and adopted fids 17th day of Juue, 1991. James E, Brady Mayor AUeat: Mary A. Davis City Clerk Regular Session, June 17, 1991 248 ACCEFFANCE OF RESOLUTION NO. 204-91 Wa, the unde~igmd, Woodland Heights, a Pannm~hlp, Imvir~ ~ the terms and conditions of the Resolution No. 204-91 and heing fareilier with the conditions thereof, hereby accept fids sar~ and agree to the conditions i~quised therein. Dated in Dubuque, Iowa fids 20th day of Jun~, 1991. WOODLAND HEIGHTS, A PARTNERSHIP By: Is! James L. Snake By:/si R, W. Claussen Council Mernher Kluesunr moved adcp- fion, omitting uny language pertaining to surety bond and performuncc guarantee, of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yea~--Council Members Deich, Kluesner, Kring, Nicholson, Pratt, Voetberg, Nays--Mayor Brady. Communication of City Manager recom- mending approval of Dunking Agreement between the City of Dubuque and Mississippi Belle n and authorizing and directiag the Mayor to execute on behalf of the City, presented and ~ Council Member Vontherg moved that the corn- mudication he received and filed and lreconm~ndeilon approved. Seconded by Council Member Nicholson. Canted by the following vote: Yeas--Mayer Brady, Council Members Deioh, Klnesunr, Ksiag, Nicholson, Pratt, Vunther~, Nays--None. An Ordinance amending the City of Duhoqun Code of Ordinances by adding to Chapter 33 auew Section 33-14 prohibiting Professional Boxing Elimination Tourea- meets within the City of Dubuque, with the first reading only ~iven at the rre. edng of June 3, 1991, presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 48.91 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING TO CHAPTER 33 A NEW SECTION 33-14 PROHIBITING PRO- FESS1ONAL BOXING ELIMINA- TION TOURNAMENTS WITHIN THE CITY OF DUBUQUE Whereas, the City Council of the City of Dubuque, Iowa, finds and declares that injuries have occun'ed to persons Par- ficipating in boxing elimination tournaments, and that thoec injuries have proven to be serious in unture; and Whereas, it is the intent of the City Council of tho City of Dubuque, Iowa, to protect the health, welfare, and safety of persons within the City of Dubuque. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seciion 1. The City of Dubuque Code of Ordinances is hereby amended by adding the/em the following new Section 33-14: "Section 33-14. Professional boxing (a) For purpnsas of fids section, the following terms shall have the following meanings: (1) "Professional boxing" means a boxing contest or exhibition, open to the public for which uny principal or contestant is paid. (2) "Elimination tournament'* means a boxing contest or exhibition in which con- box one another, two (2) at a time, with one (1) contestant being eliminated from the tournament. This elimination con- finuns, with winners from the various bouts competing until only one (1) contestant remains undefeated in the weight division. (b) No person shall promote, participate in, or allow professional boxing that is part of un elimination tournament within the City of Dubuque." Section 2. This Ordinance shall take effect immediately apon pablicafion. Passed, approved and adopted this l?th day of Juna, 1991. Jan~s E. Brady Mayor ATFEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald this 21st day of June, 1991. Mary A. Davis City Clerk It 6/21 Council Member Voetherg moved that fids he considered the secomi and third readings and that the rules be suspended 249 Regular Session, June 17, 1991 Council Mamber Pra~ Canied by the following vote: Yeas---Mayer Brady, Council Members Deich, Kluesuer, l~ing, Nicholson, Prat~ Vcetherg. Nays--None. Ju~ 14, 1991 TO: The Honorable Mayor and ,City Council Mambos FROM: Bany A. Lindahl, Co~oretion Couusd SUBJECT: Negative Option Ordinance Enclosed is a copy of thc Negative Option O~dinance which has be~n modified follow- lng the dlsunssion at the June 10th work- session and the comments made by Attorney Jim Heckmann on bchnlf of ~be Book-of-the- Month Club and other similar organizations. A definition of"services" has been added to specifically exclude the seeding or providing of goods. Earlier langungc referring to a "cun- tracmnl" plan or arrsngcm~nt has b~n changed to "mgafive option billing" which moro accurately describes the object of thc Or&hanna. Thc %on~actunl" plan language would have mede the Ordinance applicable to Bunk-of-the-Month Club, which was ant the intent of the Ordinance. Bunk-of-the~ Month Club mambos do in fact have a unnUactuul arrangement with Book-of-the- Month Club by which it sends books to them unless they insm~ct the seller not to send the books. However, that arrangcmant is pur- sunnt te an exprese agreement betwean the mcmhar and the club. Language has also been added to make it clear that the Ordinance only applies to services "not actually ordered or requested by the xccil~ents.' This again clearly excludes Book-of-the-Month Club plans because the books arc ordeal or requested by the recillcnt pursuant to thc ngreement with the Cinb. Finally, the "subscriber" has been replaced by "xecil~ent.' We concluded that "sub- scriber" was too narrow a terns, and "recip- ient' is tho term used by other legislation, including the Iowa statute, This version of the proposed Ordinance is aeceptable to the Lngal Dq~-Im~nt, the Cable Admthislrator, and Mr. Heckmaun's clients. We believe that it fnlffils thc original intention of the Ordinance and that anne of the changes di~nlshes in uny way the impact of the Ordinance. Council Member Vc~tberg moved that the communication be received and filed and make a matter of reconl. Seconded by Council Member Pralt Cnnied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Voing, Nicholson, Pratt, Voetbcrg. Nays--None. W. Kenneth Ganrh~t City Manager City of Dubuque Dubuque, Iowa RE: Proposed Ordinance Negative-option Plans Dear Mr. Gearhart: Regarding The purpose of this letter is two-fold. First, may it confirm that Tale- Communications, Inc. announced that it had adopted nationwide a traditional pueitive- option marketing plan for the previously announced ENCORE premium service. Under this plan, only customers who have affmnativcly subscribed to ENCORE will be charged for the service. In sho~ ENCORE will be Uexted as any other optional pay service and, our ceston~rs will not be charged for it unless they request it. As with other services, this communication runy lake place by phone, in writing or by a visit to our local office. The marketing plan on a positive-option basis is described in the enclosed lm~SS rele~e. Until thc close of business, July 20, 1991, TCI customers may affirmatively order ENCORE and still receive the service at the intreducto~y price of $ ] .00 per month if they maintain their June 20th level of pmmium cable service, if any. Customers ordering by July 20th will pay the introductory price through July 31, 1992, assuming they retain their level of premium cable service, if any, dmlng that period. After July 20th, or in the event that the inval of service is not nu~n- ~ined es described above, the unstomcrs will be charged service at regular rates as described in thc press ~eicase. Viewing this positivc-optioa plan on a general basis, I think R is best described as follows. We have simply shifted thc market- ing activity of ENCORE and extended it into July. The June preview period for ENCORE at no charge will continue es unnunnced, at least through June. Thc introductory price continues to be tied to tbe concept that the customers aned to maintain services us of a Regular Session, June 17, 1991 250 ~nnln da~ The "rate card" that was ananunced antller was maintained. Tho obvious change, which is of most interest to you, is that we ere offering ENCORE on a tradttioanl, positive option basis. Further, throngh ~cat efforts, TCI has tekan steps nlreed at essmlng that no castornco will recnlvc a char~n for ENCORE on thc Jnly blli they will receive. Indeed, there will ha no separate line item for the optional ENCORE service until a customer requests it. We ere anticipating puUing a "cbe~k-off' box on the bill for thueo who want it. It is ulcer that our voluntary actiens have addressed thc ccaucems exp~ssed in the May 29th memorandum sent to the Honorable Mayor and Members of the City Cunndl. We tend m disagree with the conclusions that were made mgunllng the lawfulness of the activity. We ec~nluly believe there are grave issues with ~espect to the proposed O~ii- uence. As I understand it, ce-t~nln special interest groups within the city ~ appreaching the City claiming that the Or~unnce would be overly bro~ and would affect their businesses. Culling down the Ordinance to specifically target cable would be highly questioanble. At~mpting to, in effect, impose additiunnl conditions upon thc cable company under the rubric of consumer protectionism is a position tha~ would likely ultimately not prevail. We also coustrue the proposed Ordinance to only affect p~grsmn~ng which is offered on an "a la ca~e" basis and which has not been offered to our cusWmcrs previously. Indeed, taking a hioad reading of thc Ordinance. nan may argue that it wonld preclude a cable company from adding ser- vices to its basic or expanded basic tim without the affirmative consent of the customers. This prohibition is, as you know, in direct conflict with the applicable law and the Cable Act, ianluding Sections 623 and 624 thc~unf. It is our hope that the voluntary actions ~kcn by the local TCI affilia~ in Dubuque are sufficient before the Council to defer any final action on thc proposed Ordinance, Certainly, these sctions continue to evidence thc good faith of thc Company ("TCI of lowa, Inc.") and thc commRment it hss nm~ to communities throughout the country, including the City of Dubuque. To thc degree that there is a final approval of the Onlinance, may this service es the fc~nal objection of thc Convpuny to i~s ~ms and the lwocess through which it was adopted. If the Ordimce was ever attempted to be enforced, we would consider the Ordinance annclity, We hope that all ~fies will fOCUS upon thc anw, exciting service wc um bringing to our castemers. It is undisputed that we are attempting a novel approach at bringing a quality, premium sesvice to om' cUStomars at an unhan~l of l~ice. Wa hope that thc City of Duboqun will suppest us in these actions. Finally, duc to unforeseen circumstances, Dong Nix will be uunble to attend thc meet- ing tonight. Due to the late date of this development, it is virtually impossible for David Robinson, our State Manager, to travel to Dubuque. We apologise in advance for our absence. We ask that our letter be entelcd as part of the record. We are available to answer questions in the future and reserve thc right to further comment on any final action taken by the City. If you have any questions or corrununts, please de ant hesitate to contact me. Very truly yours, TCI of Iowa, Inc. Termi E. Davis Vice President and Counsel cc: David Robinson Linde Williams Men'ill Crawford TED/nmg Council Member Voetberg moved that the communication be xeceived and filed and make a matte~ of ~/;.urd. Seconded by Council Member Pratt. Carded by thn following vote: yens---Mayor Brady, Council Members Deich, Kluesuer, Kring, Nicholson, Pratt, Vcetherg. Nays--None. Attorney Jim Hcckmann, 216 CyCam Plaza, requested adoption as amanded and add those suggestions ha had submitted. Council Member Kricg moved that there be an arncndmant to Section 31-132. Sec- ended by Council Member Pram Canied by the following vote: Yeas--Mayor Brsdy, Council Members Deich. Kluesncr. Kfieg, Nichoisou, Prate Nays---Coancll Member Voetberg. 251 Regular Session, June 17, 1991 (OI~ICIAL PUBLICATION) ORDINANCE NO. 49-91 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW ARTICLE IX TO CHAPTER 31, PROHIBITING NEGATIVE OPTION PLANS IN THE CITY OF DUBUQUE, IOWA NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SecBon 1. Chapter 31 of the Code of Ord/nances of the City of Dubuque, Iowa, is hereby amended by adopting the following new A.,tichi IX: "ARTICLE IX. NEGATIVE OPTION BILLING FOR SERVICES Sec. 31-131. Definitions. (u) "Negative option billing for setvices" is when a snlle~ proposes to send or provide services not actually ordered or requested by the recipients, orally or in writing, and the recipients receive and am hilled for services as proposed unless by u date or time SlXx~iBed by the seller the recipients instruct the seller not to send or pmvida the identified services. (b) "Recipient" is any person who receives services from u seller of such (o) "Seller" means any pomon engaged in the sale of services in the City of Dubuque, Iowa. (d) "Services" shall not include thc sending or providing of goods. Sec. 31-132. Negative option billing for services prohibited. The usu by sellers of "negative option billing for services" is prohibited in die City of Dubuque, low~. Notwithstanding the fore- going, however, nothing herdin shall prohibit the use of Negative Option Plans as defined and mgnlated by Federal Trade Conu~ssion rules and concerning use of Negative Option Plans by sellurs in cemmcrce. Sec. $1-133. Violatinns; penalties. If any pe~son engnges in thc use of nega- tive option billing for services, said person shall he punished as provided in Section 1-g of this Code. Each billing of an individual recipient pursuant to any negative option billing shall be considered a separate violation of this ?micle~" Section 2. This Ordinance shall take effect immediately upon publlcadon. Passed, approved and adopted this 17th day of lunc, 1991. James E. Brady Mayor Attest: Mmy A, Davis City Clerk Published officinHy in the Telegraph Heraldthis 21st day of June, 1991. Mary A. Davis City Clerk It 6/21 Council Member Vootberg moved final adoption of the Ordinance, as ansended. Seconded by Council Member Pratt. Canied by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesncr, Kring, Nicholson, Pratt, Vcether~. Nays--None, Council recessed at 9:09 p.m. Council reconvonod at 9:24 p.m. Communication of City Manager submit- ting an Ordinance providing for a mducllon in the posted speed lln~t on U.S. Highway 20 in the vicinity of the Northwest Arterial, presented and ~cad. Council Member Klansner moved that the communication he v-~ceived and filed. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Kfing, Nicholson, Pratt, Voetburg. Nays--None. (OffICIAL PUBLICATION) ORDINANCE NO. $0-91 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REVISING SUBSECTION (C) OF SECTION 32-231 THEREOF PROVIDING FOR THE CHANGE OF SPEED LIMITS ON THE WESTERLY END OF DODGE S~REET I~ROM FIFTY- FIVE (55) MILES PER HOUR TO FIFTY (50) MILES PER HOUR NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, June 17, 1991 252 Se~ion 1, That the Coda of the City of Dubuque, Iowa, be sm~ndad by dalellug Dodge Sunct (U.S. Highway 20) from Sul~ection (c) of Section 32-231 thereof, as foBows: "Sec. 25-220. Limits gencndly. (c) Thiny-Hve 05) Miles Per Hour Dodge St~et, Lonust SUe. et to Devon Drive. Fo~y-Five (45) Miles Per Hour Dodge S~cet (U.S. Highway 20), Devon Drive m a point one thousand (1,000) feet west of Century Ddvu. Fifty-Five (55) Miles Pet Hoer Dodge Su~t (U,S. Hillhway 20), one thousand (1,000) fcet west of Century Drive to City limits." SeeBon 2. That the Code of Ordinances of the city of Dubuque, Iowa, be amended by adding Dodge SUe. et (U.S. Highway 20) to Subsection (c) of Section 32-231 ~hemof, as follows: "Sec. 25-220. Limits genetally. Thirty-Five (35) Miles Per Hour Dodge SUcet (U.S. Highway 20), Locust St~ct to a point cloven hundred (1100) feet west of Devon Drive. Forty-Five (45) Miles Per Hour Dodge Stxont (U.S. Highway 20), from a point eleven hundred (1100) feet west of Devon Drive to a point five hundred (500) feet east of C~scent Ridge Road, Fifi7 (~) Miles Per Hour Dodge Street (U.S. Highway 20), from a point five huod~d (500) feet east of Cre~ceot Ridge Road to the westerly city Passed, approved and adopted this 17th day of June, 1991. lames E. Brady Mayor Atmat: Mary A. l~vis City Clerk Published offidally in the Telegraph Herald this 21st day of Juno, 1991. Ma~y .~ Davis City Clerk It 6/21 Council Member Kluesnur moved that this be cemiderod the tint mtdlng of the Ordinance and that the seqttiremont that a ~msidesed and voted on for passage at two Coun~l mcetings prior to the meeting at which it is to he finally adopted be suspended and funber moved final adoption of the Ordinance. Seconded by Council Member Pratt. Carried by the fei= lowinll vote: Yces--Mayer Brady, Council Members Dutch, Kl~sner, Kflng, Ninhoison, Pratt, Vontberll. Nays---Noce. Communication of City Manager ir. quest- ing execution of an Agreement for RISE fuading with the Iowa Department of Trans- presented and read. Council Member Vontberg moved that the commtmi- cation be received and flied. Sexondad by Council Member Ntcholson. Canded by the following vote: Yces--Mayer Brady, Council Mcmbers Deich, Klncsner, Kring, Nicholson, Pratt, Vcetherg. NayswNone. RESOLUTION NO. 205-91 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR REVITALIZE IOWA'S SOUND ECONOMY (RISE) FUNDING WITH THE IOWA DEPARTMENT OF TRANSPORTATION Whereas, the Ruvitalize Iowa's Sound Economy (RISE) program has been created by the Iowa Dcpem~ot of Transportation to assist in the economic dcvnlopmcet efforLs of local jurisdictions; and Whereas, thc City of Dubuque, Iowa, aclieves that through the creation and development of the Dubuque Corporat~ Cunter, permanent employment opportuditles for its cltizcm7 will he eteated and new and expanding businesses such as Wm. C. Brown Publishers will he e~onreged to locate thcis operations within said office park; and Wbereas, the City of Dubuque, Iowa, has been awan~d a $91L836 grant from thc RISE program by tho Iowa Departmoot of 254 253 Regular Session, June 17, 1991 Transl~'tetiou for the compl~tinn of the prc~ ecouom~c davelopr~nt project; and Whereas, a RISE Funding Agruemeat is to bo executed between the Iowa l~nt of Trens~ and the City of Dubuque, Iowa~ a form of which is boseto attanbed and by this refarence made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY Ti~ CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: S~tloa I. That the Mayor and City Clerk bo and they are hereby authorized and directed to endorse the acceptance by the City of Dubuque, lowa~ upon an lows Depamuent of Transportation Agreement for RISE Funding in a form substuettaliy similar to that hereto att~bed. Section 2. That the City Manager be and he is hereby authorized to disburse funds in accordance with the terms and couditions of said Agreeruent. Passed, approved and adopted this 17th day of Juue, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Vcetberg moved edop- lion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Year~Mayor Brady, Council Members Deich, Klueaner, Kdeg, Nicholson, Prat~ Voutberg. Nays.~None. Communication of City Manager submit- ting Collective Bargaining Agreements between the City of Dubuque and the General Drivers and Helpe~ Union, Local #421; the Amslganmted Transit Union, Local #329; the Dubuque Policemou's Protective Assodi~on; and the International Union of Operating Engineers, Locai #758; and the Fiscal Year 1992 Wage Plan for Non- Bargaining Unit Employees and communica- tion of City Manager ruquesting approval to provide a 5 percent salary edjustm~nt to employees covered by the rdrcfighters' Asseciation even though an agreement has not been settled at this time, p~esented and xead. Council Member Vocther§ moved that the communications be received and filed and request approved. Seconded by Council Member Nicholson. Catrled by the foHowlag vote: Yeas---Mayor Bredy, Council Members Deich, Klucsuer, Krleg, Nicholson, Pratt, Voethexg. Nays---None. RESOLUTION NO. 206-91 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE GENERAL DRIVERS AND HELPERS UNION, LOCAL #421, AND AUTHORIZING THE MAYOR TO SION THE AGREEMENT Wboreas, the Sixty-Fifth General Assembly edop~ed the Public Employment Relations Act, Chapter 20, Code of low~ and Where.~s, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employment Relations Act; and Wbo~s, the General Drive~ and Haipe~ Union, Local #421, is an employee o~anlea- lion within the meaning of Section 3(4) of the Public Employment Relations Act; and Wbereas, the Gencrai Dfivars and Helpers Union, Local #421, submitted a request to bargain collectively on behalf of the employees within its representation; and Wborea~, bargaining between the panics has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the torrm of the agree- ment be accepted and the Mayor authorized and directed to sign the oolle~tive bargaining agreement. Passed, approved and adopted this 17th day of Juue, 1991. James E. Brady Mayor Attest: Mary A; Davis city Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetberg. Nays---None. RESOLUTION NO. 207-91 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE AMALGAMATED TRANSIT UNION, LOCAL #329, AND ALrrHORIZING THE MAYOR TO SION THE AGREEMENT Regular Session, June 17, 1991 Whereas, the Sixty-Fifth Oenerai Assembly adopted the Public Employment Relations Ac~ Cbeptzr 20, ~ and Wbexues, the City of Dubuque is a public employer within tho meaning of Section 3(1) of the Public Employment Relations Ac~ sad Whereas, the Amalgamated Transit Ur~ou, Local #329, is an employee organization within the n~uein~ of Sectiou 3(4) of the Public Employment Relations Act; and Whe~enc, the Arrmlgamatnd Transit Union, Local #329, subraitted a request to bargain collectively ou behalf of the employees within its r~resenmion; and Whereas, har~aining between the prates has occun-ed and an ag~ement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the toms of the ag~e- ment be accepted and the Mayor authorized and directed to sign the collective bargaining agreement Passed, approved and adopted this 17th day of Juue, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Voetber~ moved adop- tion of the Resolution. Seconded by Council Membe~ Nicholson. Carried by the following vote: Yeas---Mayor Bredy, Council Members Dcich, Klncsuer, Krleg, Nicholsou, Pratt, Voutbe~g. Nays---None. RESOLUTION NO. 208-91 ACCEPTING THE AGREEMENT BETWEBN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE POLICEMEN'S PROTECTIVE ASSOCIATION, AND AUTHORIZING THE MAYOR TO SION THE AGREEMENT Whereas, the Sixty-Fifth General Assembly edop~ed the Public Employment Relations Act, Chapter 20, ~ and Wbe~es, the City of Dubuque is a public Employer within the meaning of Section 3(1) of the PubUc Employment Relations Act; and Whereas, the Dubuque Policemen's Association, is an employee organization within the meaning of Section 3(4) of the Public Employment Rdalious Act; and Whereas, thc Dubuque Pulicemen's Protective Associatiou, submitted a requcet to bargain ouilnctivaiy on behalf of the employues within ils represenlatlou; and Whereas, hargaiaing botwuen the parties Ilas occo~ and an agreement has been concluded. NOW, THERNNORB, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agree- ment bo accepted and the Mayor authorized and directed to sign the collactivc bargaining ag~ment. Passed, approvnd and adopted this l?th day of ~ouc~ 1991. ~am~s E. Brady Mayor Mary A. Davis City Clerk Council Member Voetberg moved adop- tion of the Resolution. Seconded by Council Member Nicholson. Cartled by the following vote: yes$~Mayor Bredy, Council Members Duich, Klaesuer, IOiag, Nieholaon, Pratt, Voetberg. Nays---None. RESOLUTION NO. 209-91 ACCEPTING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE INTERNATIONAL UNION OF OPERATING ENGINI~RS, LOCAL #758, AND AUTHORIZING THE MAYOR TO SIGN THE AGREE- MENT Whereas, the Sixty-Fifth General Assembly edop~ed the Public Employment Relations Act, Chapter 20, .Code of lowa~ and Whereas, the City of Dubuque is a public employer within the meaning of Section 3(1) of the Public Employment Relations Act; and 255 Regular Session, June 17, 1991 Whexcas, the International Union of Operating Engineers, Local 6'758, is an emldoyee organization within the meaning of Section 3(4) of the Public Employment Relatiom Aeg and Whereas, the International Union of Operating Engineers, Local #758, submiUed a request to hargnin collectively on behalf of the en~loyeas within its relnc~ntetion: and Whoav~, bargaining between the Panics has o~unv, d anti an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agree- ment be aceepted and the Mayor authorized and directed to sign the collective bargaining agreemenL Passed, approved and adopted this 17th day of June, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Voetherg moved adop- llon of the Resolution. Seconded bY Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kiuesner, Kriag, Nichulson, Pratt, Vontherg. Nays--None. RESOLUTION NO. 210-91 ADOPTING THE COMPENSATION PACKAGE AND WAGE PLAN FOR NON-BARGAINING UNIT EMPLOYEES Whereas, it has been the practice to provide a compensation package to non- bargaining unit employees similar to thc compensation package to be received by bargaining unit employees; and Whereas, the proposed compensation package and wage plan for non-bargaining unit employees represents an increase of five (5) percent across thc board effective July 1, 1991, and four (4) percent across the board effective July 1, 1992, which is consistent with the compensation Package to be recnived by four of the City's bargaining units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~inn 1. That the companastion package and wngc plan for non-hurgalning unit employees which provides for an increase of five (5) percent ecmss the board effective July 1, 1991, and four (4) percent across the board effective July 1, 1992, is hereby Passed, approved and adopted lifts 17th day of June, 1991. Attest: Mary A. Davis City Clerk James E. Brady Mayor Council Member Vontberg moved adop- tion of the Re~ointion. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kieesuer, Kriag, Nichoison, Pratt, Vontherg. Nays--None. Communication of City Manager recom- mending City Council adopt the attached Resolution authorizing the City Mannger to submit an apptication for a low interest loan to the Iowa Department of Natural Resources in support of Phase I renovations at Ihe Water Pollution Control Plant, ]m~sented and ~x[. Council Member Kiuesecr moved that the communication be received and filed. Seconded by Council Member Pratt. Canied by rite following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Kriag, Nicholson, Pratt, Voetbe~g. Nays--None. RESOLUTION NO. 211-91 AUTHORIZATION TO NAME AN AUTHORIZED REPRESENTATION AND TO NILE IOWA STATE RE- VOLVING FUND LOAN APPLICA- TION FOR THE DUBUQUE WATER POLLUTION CONTROL PLANT Whereas, the Iowa Departn~nt of Natmal Resources administers a low interest revolving loan fund for water pollution control facility construedon; and Whereas, tho City of Dubuque contem- plates making application for a low interest revolving fund loan for capitol costs of projects at the Water Pollution Control Facility; and Whereas, it is required under the rules of the Iowa State Revolving Fund program that applications for loans undo' the fund he Regular Session, June 17, 1991 256 made by June 30th of each calendar yeeg and Whereas, it is reqnired unde~ the rules of the State Revolving Fund prog~ml that an Authorized Representative be named to execute lonn appUcatioas and the related docum~ts on behalf of the City. NOW, TI~REFORE, BE IT RESOLVED BY TIH~ CITY COUNCIL OF TtiB CITY OF DUBUQUE, IOWA: Se~lo~ 1. That the City Manager he authorized to prapare an application to the State of Iowa for low interest lean funding under the Stele Revolving Fund program by June 30, 1991. SecUon 2. That the City M~ager be designated ~ the Authorized Representative to execute loan applications and related documents on behalf of the City. passed, approved and adopted this 17th day of June, 1991. Attest: Mary A. Davis City Clerk Jam~s E. Brady Mayor Council Member Klucsanr moved adop- tion of the Re, solution. Seconded by Council Member Pratt. Canied by the following vote: Yeas~Mayor Brady, Council Memhers Dnich, Kiuesoer, Krieg, Nicholson, Pratt, Voetberg. Nay~-Noan. Cormnunlc~ion of City Manager ~lUeSt- ing change in authorized complement of Planning Sc~viees Division by decreasing full-time Associate Planner complement by .5; by changing from 2.0 to 1.5 full-time employees and establish new Planning Tochniclan full-time, (no budget invi~ct), pgsonted and read. Couanll Member Kinesecr moved that the communication be received and filed and request approved. Seconded by Council Member Vootherg. Canied by the following vote: Yeas--Mayor Brady, Conner Members Dnich, Kinesoor, Kl'ing, Nicholson, Pratt, Voethurg. Nays--None. Council Member Voetbe~g moved that Council Mcmher Dan Nichulson be ap- pointed to the Convention and Tourism Bureau to mpinee Council Member Katie Krieg with Council Membur Mike Pratt oontinning as alt-mate. Seconded by Council Member Deich. Canled by the foRowing vote: Yeas--Mayor Brady, Council Members Dnich, Kianmer, l(xiag, Nicholson, Pratt, Voetherg. Nays~None. RRSOLUTION NO. 212-91 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the ~ visions of law relating m the sale of Clga~t~s within the City of Dubuque, be granted a permit te sell Cigarettes and Cigarette Papers within said City. Adn~-al's Hi-Hat West, Inc., Don-Ron Meyer, 253 Main Sue, et Avenue Top, Oldhem, Inc., 1080 University Avenue Bridge Rasatasant/~3reyhound Lounge, KAJ, Inc., 31 Locust St~et Butter~ Bas, Michael J. Sawvell, 1700 Central Avenue Casey's Oenemi Store, The Monday Company, 4003 Peru Road Ca~y's General Store, Angel Investment Co., 2699 Rockdale Road Chateau Super Club, Kim Reed, 3750 Central Avenue Clubhouse, Thc, Wayne J. Kramer, 2364 Washington Street Coastal Station, Holiday Oil Disc, Ine., 1685 J. F. K. Coastal Station, HoBday Oil Dist., Inc., 1401 Central Coastal Station, Holiday Oil Disc, Inc., 605 Dedge Sucet Coastal Slation, Holiday Oil Disc, Inc., 400 Rhomberg Avenue Country Kitchen, CK of Dubuque, Ino., 3187 University Avenue Copper Ketde Restaurant, David A. Ungs, 2987 Jaol~son Street Cro.aer Grocery Co., 731 Rhomherg Avenue Creslanes Bowling, Inc., 225 South Main $~reet Cue Master Billiards, Ltd., Masvtn Rapp, 900 Centsal Avenue 257 Regular Session, June 17, 1991 Dr. B's Billiards. Elbo. Inc., 2095 Kerper Blvd. Dubuque Bowling Lnnns, James R. Fening, 1029-1/2 Main Street Dnnac & Son Amoco, Willinm F. Dunne, 2600 Dodge Strent Eagie Food Center 6+109, Eagle Food Centers, Inc., 200 South Locust Street Eagle Food Center #130, Ee~le Food Centers, Inc., 1800 Elm Stseet Eagle Food Center #320, Eagie Food Centers, Inc., 2050 J. F. Kennedy Road Ecooofoods #471, Nush Finch Company, 3355 J.F.K, Civic Family Matt, Inc., Family Ma~ lac., 3201 Central Avenue Family Beverage Center, Dennis A./Jenn A. Althans, 3400 Central Avenue FDL Foods, Inc., Robert Waldert, 701 B. 16th Street Gene's Main Street Tap, Eugene/ Cathefiac Bcchen, 1007 Main Street C-iii/gnu's, Book Nook+ Inc., P.O. Box 569 Guetz's, Janscs W. G~e~zinger, 2776 Jackson Stxcet Gon'~r's Bar, Roger IL Knnde, 1105 University Avenue Grendview Drug, Chuck Winbke/Cliff Hart, 486 N. Grandvinw Avenue Gnmdview Milk House, Delmer O'Hen, 620 S. Grandview Avenue l~ppy's Place, P.M.S.T., 2323 Rockdnie Road Ha~g Drug Company, Hartig Drug Company, 703 Town Clock Pleze Hnsfig Drug Company, Hartig Drag Company, 225 Central Avenue ILmig Drug Company, Hnrtig Drag Company, 2255 J. F. Kennedy Road Hatflg Drug Company, Harfig Drag Company, 157 Locust St~et IOCO Spacde Shoppe, Iowa Oil Company, 3200 Central Avenue IOCO Speede Shoppe, Iowa Oil Company, 1998 Jackson Say. et IOCO SI~ede ShoI~e, Iowa Oil Con,4)auiy. 1387 Dodge Street IOCO 8peede Shoppe, Iowa Oil Company, 1481 Dodge Street IOCO Speode Sboppe, Iowa Oil Company, 3250 Dodge Street IOCO Speede Shoppe, Inwu Oil Company, 2335 University Avenue K-Mart, K-Ma~ 2600 Dodge Street Kennedy's Tap, Marvel Kennedy, 3453 Jackson Knickers Snioon, Ctmis L. Gerhard, 2186 Central Avenue KWIK STOP FOOD MART, Rainbo Oil Company, 2320 Hwy 61, Box 768 KWIK STOP FOOD MART, Rainbo Oil Company, 2360 Central Avenue KWIK STOP FOOD MART, Rainbo Oil Company, 1075 Dodge Street KWIK STOP FOOD MART, Rainbo Oil Company, 2297 University Avenue KWIK STOP FOOD MART, Rainbo Oil Cotr~nny, 2255 Kerper Blvd. Lounge, The, Phillip Love, 481 Locust Street Lucky "13" Tap, Clara L. Johnson, 385 East 13th Street McCann's 1OCO, McCann's Service, Inc., 690 W. Locust Street Miracle Car Wash, Inc., Ronnld Pothoff, 3199 University Avenue Monte Carlo Restaurant, Chnng Lim Gee, 378 Main Street Murph's South End Tap, Laura A. Murphy, 55 Locust Street Neighbor's Tap, Jen-y L. James, 1899 Rockdale Road Oky Doky #1, JET, Ltd., 250 West 1st Street Regular Session, June 17, 1991 258 Oky Dokb' ~6, TFM Co., 1256 Iowa Sweet Oky Doky ~, Bo~ Bseithach, 51 West 32nd Struet Oky D~ky #12, Jena. Inc., 1101 Rhomberg Avenue Oky Doky #14, Kristinn L Chapman, 1050 University Avenue Oky Doky #21, Tums-Miss Investments, Inc., 2010 ~ Blvd. Old Sheng, Ndda L. Bennett, 1091 Main Street Paln-~r Drug Co., Palmer Drug Co., Dodge Paul's Tavern, Wayne Schollmeyer, 176 Locust Sucet Quick Clean Family Launthy, C. Cl~k, 1313 Dodge SUe. et Reliable Dnsg #5209, Reliable D~g Steres, Inc., 3049 A~bnsy Road Sfikas Rnstetunnt, Grandma's Pent,y, lac., 401 Centrni Avenue Tux~et Sto~ #86, Dayton Hudson Cerp., 3500 Dodge Street Vango Amoco, Richard VanGorden, 205 Locust St~ent Wslgmen Co., Wnigseen Co., 555 J. F. Kennedy Road Walnut Tap, Cndg J. Weiner, 709 University Avenue Wmaco, W~teco System of Iowa, 700 Rhomberg Avenue West Locust Ma~ Lee W. Potter, Sr., 408 West Locust Stseet White House Tavern, David IL Hoffmnn, 450 West Locust Street Whitey's Bar'x, LeRoy Mill~, 2616 Windsc~ Avenue Windsw MBk House, Lo~n Zihlke, 2311 Windsc~ Avenue F.W. Woolv~rth Co,, 555 J. F. Kennedy Road A & B Tap, Snndns Zirkelback, MyCap, 2600 Cenmd Avenue Aruerlcan Legion, Dubuque Post 6, MyC~p, 1305 Delhi St~et Aragon Tap, Stanley Woodman, Sr., MyCap, 1103 iowa Sttent Beanie's Cafe, Bnschette/Dunne, MyCap, 1400 Central Avenue Biersmbe, Marie Mocller, Myasp, 1301 Rhomberg Bodiue's, Jeff Demnser, MyCap, 1445 Cenmd Avenue Bogy's, Judy Botsford, MyCap, 1027 Rhomberg Avenue Cent~l Tap, Myr~ Woodman, MyCap, 1046 Central Avenue Cbl-Cbl's, Chi-Chi's Mcnicen Restaurant, MyCap, 800 Wacker Drive Civic Center '76, Dave Adams, MyCap, 5th and Locust Street Demelri's Rnsteurant, Inmns Kachevas, Inc., MyCap, 665 Dodge Street Denny's Lux Club, Beverly MyCap, 3050 Asbery Road Dog House Lounge, Robert Leytem, MyCap, 1646 Asbury Road Dottie's Cafe, Dorothy Thomas, MyCap, 504 Centrai Avenue Donna's Dip Tap, Donna Roling~. Pfieler, MyCap, 1689 Elm Street Dubuque Mining Company, Apartments Ltd., MyCap, Kennedy Mall Fraternal Order of Eagles #568, MyCap, 1175 Century Drive Fat Tuesday's, Penon Ent., Inc., MyCap, 1121 University Avenue Grand Tap, The, Kohl/Love, MyCap, 802 Central Avenue Ground Round, Ground Round, Inc., MyCap, 50 J, F. Kennedy Road Haxd Times B~x, Angin Mengeno, MyCap, 1401 Blm Street Heartland Inn, MyC~p, 4025 Dodge St~et 259 Regular Session, June 17, 1991 Idle Hour, Jennniue Eersch, MyCap, 1555 CenU'al Avenue Impedal Lenes, Key City Bowltng, Inc., MyCnp, 3505 Stouemen Rc~d Instsat Replay, Jude Brashaw, Mycap, 1602 CenUal Avenue Jim's Web, Jim Webb, MyCap, 2093 Weshinston Sueet Jimmy B's, James Bauer, MbCap, P.O. Box 1753 Kennel Club, Patrlcia A. Humke, MyCap, 1097 Inckson SUe. et King of Clubs, Sheryl Ann Sbireman, MyCep, 1902 Central Avenue Maid-Rite, Jeanne Weber, MyCap, 115 West llth Street Marlo's Italian Rest,/Lounge, Angelina A. Be~ollal, MyCep, 1298 Main Sire, et Midway Motor Lodge, MyCep, 3100 Dodge Slruet Mik's Ten Pin Tap, Mike Weber, MyCap, 601 Rhomberg Avenue Mr. Donut, Norton Fast Foods, Inc., MyCap, P.O. Box ~69 M~acco Supper Club, MyCap, 1413 Rockdale Road Noonen's Tap, John W. Noonue, McCap, 1618 Central Avenue PJ.'s, P. Schaller/J. Lloyd, MyCap, 500 Rhombe~ Avenue Pink Square Tavern, Debra George, MyCap, 600 Cenual Avenue Pelican Pier, Big Rivur Bent, MyCap, Dubuque Yacht Basin Peakins Restaurant, MyCap, 3500 Dodse Sm~et River City Tep & Cuiil, David Lyons, MyCap, 1406 Pine Street Town Clock Inn, Stephanie Nelson, MyCap, Town Clock Plaza United Auto Workers Locni W94, MyCap, 3450 Central Avenue Whiskey River, G. Kupurschnidt, MyCap, 1064 University Avenue Yardarm, David Jaeger, MyCap, Eagle Point Passed, approved and edeptod this 17th day of Jane 1991. Ismes E. Brady Mayor Attest: Mary A~ Davis City Clerk Council Member Riuesner moved ndep- fion of thc Resolution. Seconded by Council Member Nicholson. C~ied by the following vote: Yeas--Mayor Brady, Council Membe~ Deich, Kluemer, Kfieg, Nicholson, Pratt, Voetborg. Nays--Nonc. RESOLUTION NO. 213-91 Whereas, applicatiens for Beer Permits have been suhnfittod and filed to this Council for approval end 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 Ordinences of this City and have filed proper bonds. NOW, THEREFORE, BE ri' 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 PermiL CLASS 'B' BEER PERMlT Vernon Leo Meyer, Meyers Tavern, 530 E. 22nd Sue~t CLASS 'C' BEER PERMIT Drng Fair, Inc., Reliable Drag #5209, Sunday Sales, 3049 Asbury Ro~ lena, Inc., Oky Doky Foods #15, Sunday Sales, 1101 Rhomberg Avenue CLASS "BE" BEER PERMIT Hy-Vee Food Stores, Inc., Sunday Sales, 3500 Dodge Street Passed, approved and ndepted this 17th day of June, 1991. Regular Session, June 17, 1991 260 lamu E, Bualy Mayor At. st: Mar'y A. Davis City C~ Council Mem~ ~uesuer ~ ~ ~on of ~e R~olu~on. ~ by ~u~ M~ Ni~olwn. ~ by ~e folo~l vo~: Y~Y~ B~y, ~uu~ Mem~ ~ch, ~uem~, ~, Nic~lso~ ~ V~t~. Nay~Noue, ~OL~ION NO. 214-91 W~, a~ons f~ Liqu~ ~n~s have ~ sub~ to ~ Co,cfi f~ a~ov~ ~d ~e s~ have ~n ~d a~v~; ~d such a~ w~ in~ ~d fou~ ~ ~ly ~ ~e S~ ~w ~d ~ ~ty ~n~s ~lev~t ~e~to ~d ~y have ~ ~r ~s. NOW, ~O~, BE ~ ~OL~D BY T~ CITY COUNC~ ON ~ CI~ OF D~UQ~ IOWA: a Liq~ ~c. CLASS "A' (CLUB) ~EER A~ LIQUOR LICENSE ~y~ ~r of M~se ~ge 355, Su~ay S~, 1166 Mdn CLASS 'C' (co~RC~) BEER A~ LIQUOR LICENSE A~ ~on, Dub~ue Post ~u~ay S~, 13~ Del~ S~t M~al L Ke~y, Kenn~y's Tap, ~d ]~on C~lyn K. Non~. C~l I~. 2010 Kerr Blvd. E~l K. Schwa. ~ hn, Sunny S~, 574 E. 16~ Eugene ].~a~e~e B~ben, Ge~ s Mm S~t Tap. 1~ ~n J~s ~ F~ng, Dubuq~ ~s, 1~9-1~ M~n S~t Wayne Pa~ ~h~meyer, Pa~'s T~, Su~ay S~, 176 L~t Michel John S~wvell, BurSt's Bar, 1700 CenUal Avenue Thomas P. Vuessen, Club Rockers, 2417 Rhemburg Avenue House of China Co., House of China, sunday Sales, 801 Town Clock Plaza CLASS "E' LIQUOR LICENSE Beechur Co., Inc,, Beueher Beverage, 1691 Asbmy Road Passed, approved and adopted this 17th day of luue 1991. lames E. Brady Mayor Aaest: Mary A. Davis City Clerk Council Member Kluesuer moved adep- I/on of the Resolution. Seconded by Council Member Nicholson. Carded by the following vote: yens--Mayor Brady, Council Members Deich, Kluesner, Kdeg, Nicholson, Pratt, Voetberg. Nays---None. Printed Council Proceedings fur months of August and September 1990 V/esentod for Council approval, presented for approval. Council Member Pratt moved that the pro- cuedings be approved as printed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kluesuer, Krieg, Nichol~on, Pratt, Voetberg, Nays--None. MINU~ES SUBMITFED--Cable TV Regulatory Commission of 5-28; Historic ~eservation Commission of 5-22; Housing Code Appeals Board of 5-21; Library Board of Trustees of 5-23; Park & Recreation Commission of 5-14; Plumbing Bonni of 5-21; Transit Trustee Board of 5-9; Zoning Beard of Adjustment of 5-23, p~sented and read. Council Member Pratt moved that the minutes be received and filed. Seconded by Coencll Member Nicholson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Khiesner, Krieg, Nicholson, Pratt, Vcetherg. Nays--None. NOTICES OF CLAIMS/SUITS--Osman Alibesic in estimated amount of $522.02 for car damages; Becky Foht in unknown amount for I~rsonal injuries; Tom & Ann Fu~ in unknown amount for personal losses; Beverly and Leonard Gregory in amount between $10,000 to $20,000 for personal injuries; Timothy pfiffuer in estimated amount of $1128.30 fo~ vehicle damages; Mary White in unknown amount for personal 261 Regular Session, June 17, 1991 injmias, p~sented and re~. Council Member Pratt ~vM ~t ~f~ ~ ~ ~gd s~f f~ inv~figaflon ~d ~ ~ by Co~ ~m~ NiOol~n. ~ by &s fo~o~ v~: Y~M~ B~y, C~n~ ~m~ Delch, ~, ~eg, Nin~lso~ V~t~. Nay~Nono. Co~on of ~eun ~umel ~n~ng de~ of ~ d~g~ elam of D~ ~s, ~n~ ~d ~. ~u~ M~ ~aR mov~ ~ ~e ~u~6on a~v~. ~ by Coun~ Me~r Nichol~n. ~ by &e fo~o~g v~: Y~May~ Bray, Counofl Deich, ~uasner, V~t~. Nay~Nune. Co~ons of Co~on ~umci ~sing of ~fe~ of follo~og ci~ Cmwf~d Iowa C~unity A~ P~I: inj~ of C~ne A~bms~c ~ d~ge of Toby Euchre; ~ ~e of ~ch~d M. CoBins~ ~ ~e ~ Dovin G~ty, ~en~ ~d ~v~ &~ ~ ~u~s ~ ~iv~ ~d ~ ~ ~fe~s ~p~v~. S~n~ by Co,ell Mem~r Nicho~on. C~ by · e fo~o~ng vo~: Y~--May~ B~y, Co,ed Mem~ D~ch, ~umnor, Nichol~a, ~[~ V~t~g. Nays--None. Co~on of Co~a~ Coumal ~og on C~ ~on ~g~ding inws~t of ~ch~ V. ~d Ch~ene L. H~ni vs. City of Dub~ee, ~en~ ~d ~. ~u~ Mem~r ~i~fion ~ ~v~ ~ fil~. Se~nd~ by Co~c~ Mem~r Hinhol~n. C~ by ~e follo~g vo~: Y~--May~ Bray, Counc~ Mem~rs D~ch, ~ues~r, Kfieg, Nicholson, Pratt. V~t~rg. Nays--No~. ~S ~Q~S~I~ B~ng Co~y, in ~ ~ount of $7~.~ f~ un~pi~ Cl~s "B" B~ Pe~ ~en~ ~d ~. C~n~ Mem~r ~aR ~v~ ~t ~t~ ~ issue ~ ch~k. ~nd~ by Co~cil Mem~r Nich~son. C~ by foHo~ng vo~: Y~May~ Bray, Co~l Mem~ D~ch, ~u~ner, Kfieg, Nichol~n, ~at~ V~t~g. Nays~Noee. Co~on of Coven~ P~k Ho~- a~ut fut~ in I~ ~a, ~m l~d ~ Coven~ P~k ~d Coven~ ~loxas on Ch~ey Asbory and Kaufmann Avenue, p~een~ad and ~ad, Council Member Pratt moved that the communication be tecnived and filed. Seconded by Council Member Nicholi~n. Cunied by the following vote: Yeas~Mayor Brady, Council Members Dnich, Klueeeer, Krle8, Nicholson, Pratt, Voetbern. Nays--No~. Communication of Merchants Bonding Company submithng their Certificate of Authority and Certification for the year 1~1, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas--Mayor Bredy, Council Members Dnich, I~ueener, Kdog, Nicholson, Pratt, Voetberg. Nays--None. Communication of Finance Di~ct~ sub- mithng outstanding Council m~vel advances as of May 31, 1991, presented and read. Council Member Pratt movad tha~ the com- munication be received and filed. Seconded by Council Member Nicholson. Carried by the followiog vote: Yeas--Mayor Brady, Council Members Dcich, Kleesner, Krieg, Nichol~on, Pratt, V~tberg. Nays---None. Proof of Publication certified ~o by the Publisher on List of Claims paid for month of April, 1991, presented and read, Council Member Pratt moved that the proof of pobli- cation be received and filed. Seconded by Council Member Nicholson, Carded by the following vote: Yeas---Mayor Brady, Council Members Dcich, Kluesner, Krieg, Nicholsun, Pratt. Vcotberg. Nays--None. Iowa Department of Transportation advis- ing of their intent to sell a ~ant of land located in John Breakny's Addition, Mineral Lot 39 and Mississippi Heights No. 3, ~ scnted and x~d. Council Member Pratt moved that the no~c~ be received and filed. Seconded by Council Member Nieholson. Carried by the following vot~: Ye~s---Mayor Brady, Council Members Deich, Kluesner, Krlog, Nicholson, Pratt. Voetberg. Nays--- None. Communication of City Manager recom- mending approval of Purchase of Services Agreement between the City of Dubuque and thc Dubuque Humane Society for Im)vi~ion of animal shelter services through June 30, 1992, presented and read. Council Member Pratt moved that the communication be received and filed. Seconded by Council Membe~ Nieholson. Carried by tho following vote: y~Mayor Brady, Council Membe~ Delch, Kluesner, Krieg, Nieholson, Pratt, Voetberg~ Nays--None. Regular Session, June 17, 1991 262 RF~OLUTION NO. 21S-91 APPROVING A PURCHASE OF SERVICES AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE DUBUQUE HUMANE SOCIETY AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DUBUQUE, IOWA Whnmas, the City of Dubuque does not operate ils own shelter for dogs, cais and other ardmals which may be taken up or meeived pennant to Axficln H of Chapter 7 of the Code of Ordinances of the City; and Whereas, the Dubuque Humane Society is an incorporated sOCiety for the prevention of ereelty of animnis and does maintain a shelter for the custody of lost, sU'ayad or hon',~inss dogs, c~s or other animals and for the disposlilun and/er dosUucilon of such animals not redeemed and/o~ deceased; and Whereas, it is deemed to be in the best interest of the City of Dubuque to enter into an a~reement with the Dubuque Humane Society to provide animal shelter services for the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Purchase of Serviees Agreement by and between the City of Dubuque, Iowa, and Dubuque Humane Society be and tho san~ is bereby approved. Se~iun 2. ~hat the Mayor be and he is hereby anthorized and dlre~ted to execute said A§mement for and on behalf of the City of Dubuqua, Iowa, passed, approved and adopted this l?th day of June, 1991. Iambs E. Brady Mayor Attest: Mary A. Davis City Clerk Council Member Pratt moved adopiloo of the Resolution. Seconded by Council Member Nicholsun. Can-led by the following vote: y~Mayor Brady, Council Members Dnieh, Kluosnor, Krieg, Nicholson, Pratt, Voetberg. Nays--None. Communication of Zoning Commission advising of their approval of final plat for Lois 1-8 and Lo~s B & C of Bleak 1 and Lot A of Wingate Place located southwest of thc inl~cfion of pennsylvania and Sylvan D~'iva, p~sented and read. Co~ncil Member Pratt moved that the communication be ~eceived and filed. Seconded by Council Member Nicholson. Carded by the following vote: Yeas---Mayor Brady, Council Members Deich, Klunsner, lOin8, Nicholsun~ Pratt. Voethnr8. Nays--None. RESOLUTION NO. 216-91 k RESOLUTION APPROVING THE PLAT OF LOTS I THROUGH 8 AND LOTS B AND C OF BLOCK I AND LOT A OF WINOATE pLACE IN THE CITY OF DUBUQUB, IOWA Wbe~ees, ~hem has been filed with the City Clerk a final plat of Lois 1 through 8 and Lo~z B and C of Block I and Lot A of Wingate Place in the City of Dubuque, lowa; and Whereas, upon said final plat appears slreeis to be known as Wingate Drive and penosylvania Avenue, together with cemin public utility easements which the owners .b.y said final plat have dedicated to the public forever, and Whereas, said llnal plat has been examinad by the City Zoning Commission and had ils approval endorsed thereon; an Whereas, the said final plat has been examined by the City Council and they find that the same conforms to the statutes and relating thereto, except that no public utilities or s~reets have yet been instslled; Wbereoz, the City Council concurs in the conditions of approval aslablished by the City Zoning Commission. NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec~inn 1. That the dadicalion of Wiogate Drive and Pennsylvania Avenue, together with the easements for public utilities as the same appear upon said final plat, be somd the same are hereby aceepted. Secflun 2. That the plat of Lots I throu§h 8 and Lots B and C of Block 1 and Lot A of Wingate Place and the same is hereby approved and the Mayor and City Clerk are he.by authorized and direeted to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of 263 Regular Session, June 17, 1991 co~Uuet co~e~to curb and gut~ and to hard surface with asphaltic conerete ee with concrete paving with integral curb, all in a manner acceptable to the City Engineer and in guec~ul conforrmmee with the approved preliminery pla~ h, To install sankery sewer mains and sewer service la~orais in a manner acceptable to the City Engineer and in goner-' pla~ c, To install water mains and water service laterals in a manner acceptable to tho City Engineer and in general uonformanee with the approved pruliminery plat; d, To install storm sewers and catch hnsins in a manner accoptabhi to the City Engtne~, e. To install concrete sidewalhe aa requi~d by ordinanees and where directed by the City Engineer and the City Manager in general conformance with the approved In~liminary pla~ L To install boulevard s~t lighting in accordance with City specifications and the apl~oved preliminary plat; g. To consmlct the forgoing improve- merits in accordance with plans and spedfi- cations approved by the City Manager, under the inspection of the City Engineer, and in a manner apl~oved by the City Manager, h. To construct said improvements, except sidewalks, prio~ to two years from the date of acceptance of this Resolution; i. To maintain thc foregoing in~rove- ments for a period of two (2) years from thc date of their acceptance of this Resolution; j. To install temp~ery cul-de-sacs to City specificalious at the end of Wingate Drive and maintain it until second accesses from the street are developed to City standards; k. To provide thc foregoing construction and maintenance at the sole expense of thc subdivider, as owner, or future owner;, 1. That the final owner of lots install concrete sidewalks to City standards within one year of the completion of structure on lot; m. To coordinate all erosion control comiste, nt with the approved preliminary plat. And further provided that James P. Oantz, lean E. Gantz, John I. Oant~ Sr., Reeemary A. Oantz, Daniel A. Oantz, Linda M. Oantz, Delbert Miller, Lany Miller and Kathleen Miller shall fail to execute the acceptance and f~mish the security provided in Seclion 2 he.of within forty-five (45) days after the date of the Rnsolution, tho provisions humor shall be null and void and thn ~'.eeptanee of tho dedication and approval of the plat shall not be effective. Passed, approved and adopted this 17th day of June, 1991. James E. Brady Mayor Attest: Mary A. Davis City Clerk ACCEPTANCE OF RESOLUTION NO. 216.91 We, tbe undersigned, James P. Oantz, nC al., having read the terms and conditions of the Resolution No. 216-91 and being familiar with the conditions thereof, hereby accept this same and agree ~o tho conditions required therein. Dated in Dubuque, lowa this ~ day of .___, 1991. By~ By~ .lean E. Oanta By John .l. Oanta, Sr. Rosemary A. Gan~z By~ Daniel A. Oanta By__ IAeda M. Oantz - By__ Dulben 0. Miller By~ Larry W. Miller By... Katbleen S. Miller Council Member Pratt moved adoption of the Resolution. Seconded by Council Member Nichulson. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Kinesner, Kring, Niuhotson, Prat~ Voetherg. Nays---None. Regular Session, June 17, 1991 264 RESOLUTION WAS REPLACED BY RESOLUTION NO. 254-91 ADOPTED ON AUGUST 5, 1991 Commonication of Zoninli Commission ndvisinli of their approval of plat for subdivision of Embnssy West No, 2 subject to the comlitions ns noted in the Resolution and a Rnsiiution approving tho final plat of Block l, Lots ]0-12, Block 2, Lots 6-8 and Block 3, Lots 10-14 of Embansy Wnst No. 2 in the City of Dubuque, Iowa, lm~Santed and ~l. Counc/l Member Voetherg moved that the commuulcmion and Resolution be tabled to the next meeting. Seconded by Council Member Pratt. Carried by the following vote: Yens--Mayor Brady, Council Members Deich, Kluesner, Krieg, Nicholson, Pratt, Voetber/. Nays--None. Communication of Chad C. Lelich sub- mitring his resigumion from the Zoning Board of Adjustment effective July 29, 1991, presented and read. Council Member Pratt moved that the conmmnication be leeeived and fried and resignation accepted with regret. Seconded by Council Member Nichoison. Carded by ti~ following vote: Yeas--Mayor Brady, Council Members Dulch, Klunsner, Kaing, Nicholson, Pratt, Vontberg. Nays--None. Communication of City Manager recom- mending acceptance of 1990 Asphalt Paving Project, inesented and read. Council Member Nichoison. Carried by the following vo~: Yeas--Mayor Brady, Council Members Dulch, Kloesner, Kfing, Nicholson, Pratg Voetberg. Nays~None. RESOLUTION NO. 217-91 ACCEPTING IMPROVEMENT Whereas. the con,'act for the 1990 Asphalt Paving Project has been completed and the City Manager has examined the work and filed his certificate stating that the san~ has been completed according to the terms of the con,rant, plans and specifica- tions and recommends it acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seri|on 1. That the recommendation of the City Manager bc approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that thc City Txeaanmr be and he is hereby directed to pay to the contractor from the Sales Tax Fund, the Watar Construction Fund, and General Obligation Bonds in amount equal to thc Imlonnt of his cmm~ot, inss any rotsined x~ent~e provided for therulv. Passed, approved and adopted tMs 17th day of Jnoe~ 1991. Attest: Mary A. Davis City Clerk Jam~s E, Brady Mayor Council Member Nicholson moved adop- tion of the Reanlution. Seconded by Council Member Pratt Carried by the following vote: Yeas--Mayor Brady, Council Members Dulch, Kluemer, Krlag, Nichoison, Pratt, Voetbc~g. Nays--None. RESOLUTION NO. 21g-91 FINAL ESTIMATE Whereas, the contract for the 1990 Asphalt Paving Project has been completed and the City Engineer has submitted his fmul estimate showing thc cost thereof including the cost of estimates, notices and inspection anll all m/scullaneons costs. NOW, THERBFORB, BB IT RBSOLVED BY THE CITY COUNCIL OF THB CITY OF DUBUQUE, IOWA: Seciion 1. That the cost of said im!m'ovement is hereby dcterm/ned to be $381,li~,86 and thc said amount shall be paid fwm thc Sales Tax Fond, the Water Constsection Fund, and 6cnerul Obligation Bonds of thc City of Dubuque, Iowa. Section 2. 'rhat $41,617.17 of the cost thereof shull be a~sessable npon t~ivate property and $340,082.~9 shall be l~/d from thc Sales Tax Fund, the Water Construction Fund, and Gonemi OMiEalion Bonds. Passed, appwved and adopted this l?th day of lunc, l~l. Samcs E. Brady Mayor Attest: Mary A. Davis City Cierk Council Member Nichoison. moved adop- tion of thc Resolution. Seconded by Council Member Pratt. Canicd by the following vote: yca~--Iviayor Brady, Counull Mcmber~ Dcich, Klonsncr, Krlcg, Nichoison, Pratt, Voctberg. Nays--None. Regular Session, June 1'/, 1991 266 265 Regular Session, June 17, 1991 RESOLUTION NO. 219-91 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR 1990 ASPHALT PAVING PRelECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPE- CIFICALLY, ~ NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, TI~ INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND D1RECTINO THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Tbet after full consideration of the schedule of ~s~ ~d ~m~g plat sho~ ~ ~es~nm ~s~ ~ ~ f~ ~ ~m~o~un ~ ~o 1~ As~t P~vi~ ~j~t ~der ~n~ct ~ ~v~ Ci~ Pavi~ - · Di~slun of Cons~c~un Co~y of On~ Wi~min, w~ch fi~ p~t ~d wew ~ in ~ offi~ of ~e City ~e~ on &o 12& day of J~c, 1991+ ~t ~d ~e of ~s~n~ ~ ~ ~ ~ is That there be, and is hereby assessed and levied as a special tax against and upon cneh of the lots, the resPeCtive sums indicated. Provided, fro'thus, that the amounts shown in said final schedule of assessments as deft- uleneins ~ found to he proper and levied cood~fitmally agaimt the respective properties benefitted by the in~mvements as shown in the schedule, subject to thc provisions of Section 384.63, Code of lowa. Said assess- ments against said lots a~ hereby declared to be in l~oponiun to the special benefits coofen~ and not in e~xcess of twenty-five pesccnt of the value of sama, Asressments of $50.00 or mo~ axe pay- able in 10 equal annual installments, with tnU~ost un the unt0uld balance, all as provided in Section 384.65, City Code of low& Conditional deficiency assessments, if any, may be levied a~atmt the ~l~icebin property for the same period of yeass as the assessments are made lssyabhi, Assessments may be paid in full o~in without interest at the office of the County Txunsorer, at any time within 30 days after the date of the first pebltcetiun of this notice of thc filing of the Bunl plat and schedule of assessments with the County Tl~esm~r. Un- less said assessments are paid in full within said thirty day pe~tod all unpaid assessments will draw annual interest computed at percent (counneneing on the date of aecep- tance of the work) computed to the December 1st next following the due dates of the respective installments. Each install- ment will be delinquent un September 30th following its due date on July Ist in each fear. Property owners nay elect to pay any annual installment sontiannually in advance. That th~ City Clerk be and is hereby directed to certify said schedule to the County Treasttr~ of Dubuque County, lowa, and to publish notice of said certification once each week for two consecutive weeks in the nmunes provided in Section 362.3, the first publlcatiun of which shall he not than fifteen days from the date of filing of the final schedule. The City Clerk shall also send by cerdlled mail to property owners whoso property is subject to assessmunt n copy of said notice, and mailing to be un or before the date of the secoed publication of the notice, all as provided and di~neted by Section 384.60 of the .Code of Iowa. Passed, approved and adopted this 17th day of June, 1~91. James E. Brady Mayor Attest: Map/A. Davis City Clerk 267 Regular Session, June 17, 1991 Regular Session, June 17, 1991 268 ~MATERIAL ~ TOTAL COST 269 Regular Session, June 17, 1991 Regular Session, June 17, 1991 270 ow,a~ ~ AS~SSMa~r ~. KBY KNOU~ SUB. BLOCK 17 TOTAL 271 Regular Session, June 17, 1991 Regular Session, June 17, 1991 272 DEFICIENCY TOTAl. 238.93 225,04 219.86 273 Regular Seaslon, June 17, 1991~__ Regular Session, June 17, 1991 274 TOTAL $ 246.41 $ 44.10 40~.47 448.53 Ton ITE 0 WORK & Bxmvatlc~. U~mflfled LI0 85.00 275 Regular Session, June 17, 1991 Council Menther Nicholson moved adoption of the Resolution. Seconded by Council Member Pratt. Carried by the following vote: Yea~--Mayor Brady, Coancfl Members Dciuh, IOuesunr, gaing, Nicholson, Pratt, Veetberg. Nays--Noun. Conununic~on of Zoning Conurdssion requesting dtn~ion from Coun~ mganllng the ~prova~ of tho l~llminary plat of 5unnyslope Estates on Radford Road and ftmhnr r~lunsOng a response to eom- munication ~er, nived from Michael Budda, Mayor of Asbuty, presented and read. Council Member Nicitol~on moved that the communication be referred to the City Mannger for investigation and relx~ Seconded by Council Member Pratt. Canied by the following vote: Y~as--Mayor Bn~iy, Council Memben Dcich, IOuusner, Kring, Ntcbol~on, Pratt, V~etberg. Nays--None. Communicadon of City Manager mqueat- tng execution of an an~ndment to an exist- ing contract from the U.S. Deparanent of Housing and Urban Devulopmont (HUD) to administration of Moderate Rehabilitation Program No, IA05-KO87-005, ~sented and read. Council Member Nicholson moved that the communication be recnived and f'fled. Seconded by Council Member Pratt Canied by the following vote: Yeas~Mayor Brady. Council Members Dcich, Kluusner, Ksing, Nicholson, Pratt, Vuntberg. Nays--None. RESOLUTION NO. 220-91 AUTHORIZING EXECUTION OF AN AMENDED ANNUAL CON- TRIBUTIONS CONTRACT FOR SECTION 8 MODERATE REHABILITATION PROJECT NO. IA05~K087-005 Whereas, the City has requested and received an amendment to Moderate Rehabilitation Contract KC-9004, for Project IA05-K087-005, establishing an effective contotct date of 1 September 1989; and Whereas, the U.S. Depertm~nt of Housing and Urban Development requires execution of this contract for thc City's adn~nistration of these funds, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~lon 1. That the Mayor of the City of Dubuque be and he is ha-oby authorized and directed to execute un un~nded annual conUtbutious contract, with the U.S. Depertrunnt of Housing and Urben Development, for Project No. IA05-R087-005, under Master Annual Contrlhafions Con~act No. KC-9004E, on behalf of tho City of Dubuque. Se~ion 2, This Resolution shall take effect immediately. Passed, approved and adopted this 17th day of Juun, 1~91. Attest: Mary A, Davis City Clerk Jar~s B. Brady Mayor Council Member Nicholson moved edop- tion of the Resolution. Seconded by Council Membe~ Pratt. Carded by the following vote: Yeus--Mayor Brady, Council Members Deich, Kluusner, Kflng, Nicholson, Pratt, Voetberg. Nays---Noun. Petition of Dubuque Golf and Country Club requesting pem~ssion to display fireworks on July 4, 1991, at about 9:00 p.m. on their ~ounds, pre~ented and read. Council Member Nichol~on moved that tho petition be approved, subject to iml~emen- tado~ of tho City Manager. Seconded by Council Member Pratt. Carried by the following vote: Yeas--Mayor Brady, Council Members Dcicb, IOuusner, Kfing, Nichohon, Pratt, Vuntberg. Nays--None. There being no further business, Council Member Voetherg moved that the meeting adjourn. Seconded by Council Member Nicholson. Carded by the following vote: Yeas---Mayor Brady, Council Mcmbe~ Deich, Kluesner, Kring, Nicholson, Pratt, Voetbexg. Nays---None. Regular Session, June 17, 1991 Meeting edjouraed ut 9:50 p.m. Mary A. Davis City Clerk APl~OV~ ~_~ 1992. "~ 1992. Attest: 276